[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Rules and Regulations]
[Pages 74599-74603]
[FR Doc No: 2014-29190]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0257; Directorate Identifier 2014-NM-012-AD;
Amendment 39-18051; AD 2014-25-09]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500
series airplanes. This AD was prompted by reports of fatigue cracking
in the skin assembly and bear strap of the aft lower corner of the
forward airstair stowage doorway. This AD requires repetitive
inspections for cracking of the skin assembly and bear strap of the
forward airstair stowage doorway; post-repair and post-modification
inspections for certain airplanes; and related investigative and
corrective actions, if necessary. This AD also provides optional
terminating actions for certain inspections. We are issuing this AD to
detect and correct fatigue cracking, which could result in rapid loss
of cabin pressure.

DATES: This AD is effective January 20, 2015.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 20,
2015.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://

www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0257; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Alan Pohl, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The
NPRM published in the Federal Register on May 1, 2014 (79 FR 24628).
The NPRM was prompted by reports of fatigue cracking in certain areas.
The NPRM proposed to require repetitive inspections for cracking of the
skin assembly and bear strap of the forward airstair stowage doorway;
post-repair and post-modification inspections for certain airplanes;
and related investigative and corrective actions, if necessary. The
NPRM also proposed to provide optional terminating actions for certain
inspections. We are issuing this AD to detect and correct fatigue
cracking, which could result in rapid loss of cabin pressure.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM (79
FR 24628, May 1, 2014) and the FAA's response to each comment.

Effect of Winglets on AD

    Aviation Partners Boeing and UPS stated that the installation of
winglets per Supplemental Type Certificate (STC) ST01219SE (http://
rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/
ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf) does not affect
the accomplishment of the manufacturer's service instructions.
    We agree with the commenters' statement. We have redesignated
paragraph (c) of the NPRM (79 FR 24628, May 1, 2014) as (c)(1) in this
AD and added new paragraph (c)(2) to this AD to state that the
installation of winglets as specified in STC ST01219SE (http://
rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/
ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf) does not affect
accomplishment of the requirements of this AD, and for airplanes on
which STC ST01219SE is installed, a ``change in product'' alternative
method of compliance (AMOC) approval request is not necessary to comply
with the requirements of section 39.17 of the Federal Aviation
Regulations (14 CFR 39.17).

Request To Revise Paragraph (m) of the NPRM (79 FR 24628, May 1, 2014)

    Southwest Airlines (SWA) stated that the NPRM (79 FR 24628, May 1,
2014), does not address terminating the initial inspection if a repair
was previously installed using Boeing Service Bulletin 737-53-1058,
Revision 4, dated January 9, 2014. SWA requested that we revise the
text of paragraph (m)(3) of the NPRM, to state that repairs or
modifications using Boeing Service Bulletin 737-53-1058, Revision 4,
dated January 9, 2014, terminates both the initial and repetitive
inspections required by paragraph (j) of this AD. SWA also requested
that repairs previously approved by a Boeing authorized representative
via an FAA 8100-9 form are terminating action to both the initial and
repetitive inspection requirements required by paragraph (j) of the
NPRM.
    We agree with the request because it was not intended that a
separate initial inspection would be performed on airplanes that have
the repair previously installed. We have deleted the word
``repetitive'' from paragraphs (m)(1) through (m)(3) of this AD to
clarify that accomplishing the actions in those paragraphs terminates
certain initial and repetitive inspections. We have also added
paragraph (m)(4) to this final rule, which specifies that the
accomplishment of a repair of the aft lower corner of the forward
airstair stowage doorway that was previously approved using FAA Form
8100-9, terminates the inspections required by paragraph (j) of this
AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     [Agr]re consistent with the intent that was proposed in
the NPRM (79 FR 24628, May 1, 2014) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (79 FR 24628, May 1, 2014).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 132 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
        Action                 Labor cost              Parts cost         Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection...........  5 work-hours x $85 per     None................  $425 per inspection  $56,100 per
                        hour = $425 per                                  cycle.               inspection cycle.
                        inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for any on-condition actions specified in this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue

rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2014-25-09 The Boeing Company: Amendment 39-18051; Docket No. FAA-
2014-0257; Directorate Identifier 2014-NM-012-AD.

(a) Effective Date

    This AD is effective January 20, 2015.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-100, -200, -
200C, -300, -400, and -500 series airplanes, certificated in any
category, as identified in Boeing Service Bulletin 737-53-1058,
Revision 4, dated January 9, 2014.
    (2) Installation of Supplemental Type Certificate (STC)
ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgstc.nsf/0/ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST01219SE is
installed, a ``change in product'' alternative method of compliance
(AMOC) approval request is not necessary to comply with the
requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of fatigue cracking in the skin
assembly and bear strap of the aft lower corner of the forward
airstair stowage doorway. We are issuing this AD to detect and
correct fatigue cracking, which could result in rapid loss of cabin
pressure.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspections and Corrective Actions for Group 1 and Group 2
Airplanes That Do Not Have a Certain Repair or Preventative
Modification Installed

    For Group 1 and Group 2 airplanes identified in Boeing Service
Bulletin 737-53-1058, Revision 4, dated January 9, 2014, on which no
repair or preventative modification has been done as specified in
any of the service information identified in paragraphs (g)(1)
through (g)(4) of this AD: At the applicable times specified in
Table 1 of paragraph 1.E., ``Compliance,'' of Boeing Service
Bulletin 737-53-1058, Revision 4, dated January 9, 2014, except as
required by paragraph (o)(1) of this AD, do high frequency eddy
current and detailed inspections for cracking of the skin assembly
and bear strap of the forward airstair stowage doorway, and do all
applicable related investigative and corrective actions, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 737-53-1058, Revision 4, dated January 9, 2014, except as
required by paragraph (o)(2) of this AD. Do all applicable related
investigative and corrective actions before further flight. Repeat
the inspections at the applicable times specified in Table 1 of
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 737-53-
1058, Revision 4, dated January 9, 2014, until the applicable
terminating action specified in paragraph (m) of this AD is done.
    (1) Boeing Service Bulletin 737-53-1058, dated April 4, 1980.
    (2) Boeing Service Bulletin 737-53-1058, Revision 1, dated March
5, 1987.
    (3) Boeing Service Bulletin 737-53-1058, Revision 2, dated
December 7, 1989.
    (4) Boeing Service Bulletin 737-53-1058, Revision 3, dated March
11, 1993.

(h) Inspections and Corrective Actions for Group 1 and Group 2
Airplanes That Have a Certain Repair Installed

    For Group 1 and Group 2 airplanes identified in Boeing Service
Bulletin 737-53-1058, Revision 4, dated January 9, 2014, on which a
repair has been installed as specified in Boeing Service Bulletin
737-53-1058, dated April 4, 1980: Within the applicable times
specified in Table 1 of paragraph 1.E., ``Compliance,'' of Boeing
Service Bulletin 737-53-1058, Revision 4, dated January 9, 2014,
except as required by paragraph (o)(1) of this AD, do a high
frequency eddy current inspection for cracking of the bear strap of
the forward airstair stowage doorway, and do low frequency eddy
current and detailed inspections for cracking of the skin assembly
and bear strap of the forward airstair stowage doorway; and do all
applicable related investigative and corrective actions; in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 737-53-1058, Revision 4, dated January 9, 2014, except as
required by paragraph (o)(2) of this AD. Do all applicable related
investigative and corrective actions before further flight. Repeat
the inspections at the applicable times specified in Table 1 of
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 737-53-
1058, Revision 4, dated January 9, 2014, until the applicable
terminating action specified in paragraph (m) of this AD is done.

(i) Inspections and Corrective Actions for Group 1 and Group 2
Airplanes That Have a Certain Preventative Modification Installed

    For Group 1 and Group 2 airplanes identified in Boeing Service
Bulletin 737-53-1058, Revision 4, dated January 9, 2014, on which a
preventative modification has been installed as specified in any of
the service information identified in paragraphs (i)(1) through
(i)(4) of this AD: Within the applicable times specified in Table 1
of paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 737-
53-1058, Revision 4, dated January 9, 2014, except as required by
paragraph (o)(1) of this AD, do a high frequency eddy current
inspection for cracking of the bear strap of the forward airstair
stowage doorway, a low frequency eddy current inspection for
cracking of the skin assembly and bear strap of the forward airstair
stowage doorway, and detailed inspections for cracking of the skin
assembly and bear strap of the forward airstair stowage doorway; and
do all related investigative and applicable corrective actions; in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 737-53-1058,

Revision 4, dated January 9, 2014, except as required by paragraph
(o)(2) of this AD. Do all applicable related investigative and
corrective actions before further flight. Repeat the inspections at
the applicable times specified in Table 1 of paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 737-53-1058, Revision 4,
dated January 9, 2014, until the applicable terminating action
specified in paragraph (m) of this AD is done.
    (1) Boeing Service Bulletin 737-53-1058, dated April 4, 1980.
    (2) Boeing Service Bulletin 737-53-1058, Revision 1, dated March
5, 1987.
    (3) Boeing Service Bulletin 737-53-1058, Revision 2, dated
December 7, 1989.
    (4) Boeing Service Bulletin 737-53-1058, Revision 3, dated March
11, 1993.

(j) Inspections and Corrective Actions for Group 3 Through Group 5
Airplanes

    For Group 3 through Group 5 airplanes identified in Boeing
Service Bulletin 737-53-1058, Revision 4, dated January 9, 2014: At
the applicable times specified in Table 2 of paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 737-53-1058, Revision 4,
dated January 9, 2014, except as required by paragraph (o)(1) of
this AD, do a high frequency eddy current inspection for cracking of
the bear strap of the forward airstair stowage doorway, a low
frequency eddy current inspection for cracking of the skin assembly
and bear strap of the forward airstair stowage doorway, and detailed
inspections for cracking of the skin assembly and bear strap of the
forward airstair stowage doorway; and do all related investigative
and applicable corrective actions; in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 737-53-1058,
Revision 4, dated January 9, 2014, except as required by paragraph
(o)(2) of this AD. Do all applicable related investigative and
corrective actions before further flight. Repeat the inspections at
the applicable times specified in Table 2 of paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 737-53-1058, Revision 4,
dated January 9, 2014, until the applicable terminating action
specified in paragraph (m) of this AD is done.

(k) Inspections and Corrective Actions for Group 6 Airplanes

    For Group 6 airplanes identified in Boeing Service Bulletin 737-
53-1058, Revision 4, dated January 9, 2014: Within 120 days after
the effective date of this AD, inspect and repair any cracking using
a method approved in accordance with the procedures specified in
paragraph (q) of this AD.

(l) Post-Repair and Post-Modification Inspections for Group 1 and Group
2 Airplanes

    For Group 1 and Group 2 airplanes on which any repair has been
done as specified in any of the service information identified in
paragraphs (l)(1) through (l)(3) of this AD, or on which any repair
or modification has been done as specified in the service
information identified in paragraph (l)(4) of this AD: At the
applicable times specified in Table 3 of paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 737-53-1058, Revision 4,
dated January 9, 2014, except as required by paragraph (o)(1) of
this AD, do a high frequency eddy current inspection for cracking in
the bear strap and skin assembly and a general visual inspection for
cracking in the frame of the forward airstair stowage doorway; or do
low frequency eddy current inspections for cracking of the skin
assembly and bear strap of the forward airstair stowage doorway; in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 737-53-1058, Revision 4, dated January 9, 2014. Options
provided in Boeing Service Bulletin 737-53-1058, Revision 4, dated
January 9, 2014, for accomplishing the inspections are acceptable
for compliance with the corresponding requirements of this paragraph
provided that the inspections are done at the applicable times
specified in paragraph 1.E., ``Compliance,'' of the Boeing Service
Bulletin 737-53-1058, Revision 4, dated January 9, 2014. If any
cracking is found, before further flight, repair the cracking using
a method approved in accordance with the procedures specified in
paragraph (q) of this AD. Repeat the inspections at the applicable
times specified in Table 3 of paragraph 1.E., ``Compliance,'' of
Boeing Service Bulletin 737-53-1058, Revision 4, dated January 9,
2014.
    (1) Boeing Service Bulletin 737-53-1058, Revision 1, dated March
5, 1987.
    (2) Boeing Service Bulletin 737-53-1058, Revision 2, dated
December 7, 1989.
    (3) Boeing Service Bulletin 737-53-1058, Revision 3, dated March
11, 1993.
    (4) Boeing Service Bulletin 737-53-1058, Revision 4, dated
January 9, 2014.

(m) Optional Terminating Actions

    (1) For Group 1 and Group 2 airplanes identified in Boeing
Service Bulletin 737-53-1058, Revision 4, dated January 9, 2014:
Accomplishment of a repair for cracking of the skin assembly and
bear strap of the forward airstair stowage doorway before the
effective date of this AD, using any service information specified
in paragraphs (m)(1)(i) through (m)(1)(iv) of this AD, terminates
the inspections required by paragraphs (g), (h), and (i) of this AD.
    (i) Boeing Service Bulletin 737-53-1058, Revision 1, dated March
5, 1987.
    (ii) Boeing Service Bulletin 737-53-1058, Revision 2, dated
December 7, 1989.
    (iii) Boeing Service Bulletin 737-53-1058, Revision 3, dated
March 11, 1993.
    (iv) Boeing Service Bulletin 737-53-1058, Revision 4, dated
January 9, 2014.
    (2) For Group 1 and Group 2 airplanes identified in Boeing
Service Bulletin 737-53-1058, Revision 4, dated January 9, 2014:
Accomplishment of a preventative modification for cracking of the
skin assembly and bear strap of the forward airstair stowage doorway
before the effective date of this AD, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 737-53-1058,
Revision 4, dated January 9, 2014, terminates the inspections
required by paragraphs (g), (h), and (i) of this AD.
    (3) For Group 3 through Group 5 airplanes identified in Boeing
Service Bulletin 737-53-1058, Revision 4, dated January 9, 2014:
Repairing or modifying the forward airstair stowage doorway, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 737-53-1058, Revision 4, dated January 9, 2014, terminates
the inspections required by paragraph (j) of this AD.
    (4) Accomplishment, prior to the effective date of this AD, of a
repair of the aft lower corner of the forward airstair stowage
doorway that was approved by Boeing Commercial Airplanes
Organization Designation Authorization (ODA) using FAA Form 8100-9,
terminates the inspections required by paragraph (j) of this AD.

(n) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraphs (g), (h), and (i) of this AD, if those actions were
performed before the effective date of this AD using any service
information specified in paragraphs (n)(i) through (n)(iii) of this
AD.
    (i) Boeing Service Bulletin 737-53-1058, Revision 1, dated March
5, 1987.
    (ii) Boeing Service Bulletin 737-53-1058, Revision 2, dated
December 7, 1989.
    (iii) Boeing Service Bulletin 737-53-1058, Revision 3, dated
March 11, 1993.

(o) Exceptions to the Service Information

    (1) Where Boeing Service Bulletin 737-53-1058, Revision 4, dated
January 9, 2014, specifies a compliance time ``after the Revision 4
date of this service bulletin,'' this AD requires compliance within
the specified compliance time ``after the effective date of this
AD.''
    (2) Where Boeing Service Bulletin 737-53-1058, Revision 4, dated
January 9, 2014, specifies to contact Boeing for repair
instructions: Before further flight, repair using a method approved
in accordance with the procedures specified in paragraph (q) of this
AD.

(p) Post-Repair and Post-Modification Inspections for Group 3 Through
Group 5 Airplanes Not Required

    The post-repair and post-modification inspections specified in
Table 4 of paragraph 1.E., ``Compliance,'' of Boeing Service
Bulletin 737-53-1058, Revision 4, dated January 9, 2014, are not
required by this AD.

    Note 1 to paragraph (p) of this AD:  The post-repair and post-
modification inspections specified in Table 4 of paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 737-53-1058, Revision 4,
dated January 9, 2014, may be used in support of compliance with
section 121.1109(c)(2) or 129.109(b)(2) of the Federal Aviation
Regulations (14 CFR 121.1109(c)(2) or 14 CFR 129.109(b)(2)).

(q) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (r)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>

    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(r) Related Information

    (1) For more information about this AD, contact Nenita Odesa,
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood,
CA 90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (s)(3) and (s)(4) of this AD.

(s) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Service Bulletin 737-53-1058, Revision 4, dated
January 9, 2014.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on December 5, 2014.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-29190 Filed 12-15-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 98 (Tuesday, May 21, 2013)]
[Notices]
[Pages 29768-29770]
[FR Doc No: 2013-12018]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-B-1311]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before August 19, 2013.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location and the respective Community Map Repository address listed in
the tables below. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at www.msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1311, to
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance
and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and also are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at http://floodsrp.org/pdfs/srp_fact_sheet.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location and
the respective Community Map Repository address listed in the tables.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
www.msc.fema.gov for comparison.

------------------------------------------------------------------------
              Community                 Community Map Repository Address
------------------------------------------------------------------------
            Modoc County, California, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.r9map.org/Pages/ProjectDetailsPage.aspx?choLoco=25&choProj=240
------------------------------------------------------------------------
City of Alturas......................  Director of Public Works, 200
                                        West North Street, Alturas, CA
                                        96101.
Unincorporated Areas of Modoc County.  Modoc County Planning Department,
                                        203 West 4th Street, Alturas, CA
                                        96101.
------------------------------------------------------------------------
              Poweshiek County, Iowa and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.starr-team.com/starr/RegionalWorkspaces/RegionVII/PoweshiekCountyIowa/SitePages/Home.aspx.
------------------------------------------------------------------------

Unincorporated Areas of Poweshiek      Poweshiek County Courthouse, 302
 County.                                East Main Street, Montezuma, IA
                                        50171.
------------------------------------------------------------------------
            Norman County, Minnesota, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.starr-team.com/starr/RegionalWorkspaces/RegionV/NormanMN RegionalWorkspaces/RegionV/NormanMN.
------------------------------------------------------------------------
City of Ada..........................  15 East 4th Street, Ada, MN
                                        56510.
City of Borup........................  203 Main Avenue, Borup, MN 56519.
City of Halstad......................  404 5th Avenue East, Halstad, MN
                                        56548.
City of Hendrum......................  308 Main Street East, Hendrum, MN
                                        56550.
City of Perley.......................  205 Main Street, Perley, MN
                                        56574.
City of Shelly.......................  101 West McKinley Avenue, Shelly,
                                        MN 56581.
City of Twin Valley..................  107 2nd Street SW, Twin Valley,
                                        MN 56584.
Unincorporated Areas of Norman County  16 3rd Avenue East, Ada, MN
                                        56510.
------------------------------------------------------------------------
            Bradford County, Pennsylvania (All Jurisdictions)
------------------------------------------------------------------------
Maps Available for Inspection Online at: www.rampp-team.com/pa.htm......
------------------------------------------------------------------------
Borough of Alba......................  Alba Borough Hall, 3536 Minnequa
                                        Main Road, Canton, PA 17724.
Borough of Athens....................  Municipal Building, 2 South River
                                        Street, Athens, PA 18810.
Borough of Burlington................  Bradford County Office of
                                        Planning, 29 Vankuren Drive,
                                        Suite 1, Towanda, PA 18848.
Borough of Canton....................  Borough Office, 4 North Center
                                        Street, Canton, PA 17724.
Borough of LeRaysville...............  Borough Hall, 130 East Street,
                                        LeRaysville, PA 18829.
Borough of Monroe....................  Monroe Borough Hall, 149 Dalpiaz
                                        Drive, Monroeton, PA 18832.
Borough of New Albany................  Borough Hall, 548 Front Street,
                                        New Albany, PA 18833.
Borough of Rome......................  Borough Building, 926 Main
                                        Street, Rome, PA 18837.
Borough of Sayre.....................  Borough Office, 110 West Packer
                                        Avenue, Sayre, PA 18840.
Borough of South Waverly.............  Borough Hall, 2523 Pennsylvania
                                        Avenue, South Waverly, PA 18840.
Borough of Sylvania..................  Borough Community Building, 2152
                                        Sylvania Road, Sylvania, PA
                                        16945.
Borough of Towanda...................  Municipal Building, 724 Main
                                        Street, Towanda, PA 18848.
Borough of Troy......................  Borough Office, 49 Elmira Street,
                                        Troy, PA 16947.
Borough of Wyalusing.................  Borough Hall, 50 Senate Street,
                                        Wyalusing, PA 18853.
Township of Albany...................  Township of Albany, 817 Dog Farm
                                        Road, New Albany, PA 18833.
Township of Armenia..................  Township of Armenia, 41 Stoney
                                        Ledge Lane, Troy, PA 16947.
Township of Asylum...................  Asylum Township Building, 19981
                                        Route 187, Towanda, PA 18848.
Township of Athens...................  Athens Township Municipal
                                        Building, 45 Herrick Avenue,
                                        Sayre, PA 18840.
Township of Burlington...............  Burlington Township Building,
                                        2030 Weed Hill Road, Towanda, PA
                                        18848.
Township of Canton...................  Township Building, 2343 Route
                                        414, Canton, PA 17724.
Township of Columbia.................  Columbia Township Maintenance
                                        Building, 4701 Austinville Road,
                                        Columbia Cross Roads, PA 16914.
Township of Franklin.................  Franklin Township Building, 403
                                        Creamery Road, Monroeton, PA
                                        18814.
Township of Granville................  Township of Granville, 487 Saxton
                                        Hill Road, Granville Summit, PA
                                        16926.
Township of Herrick..................  Herrick Township Building, 399
                                        Leisure Lake Road, Wyalusing, PA
                                        18853.
Township of LeRoy....................  Township of LeRoy, 7854 Southside
                                        Road, Canton, PA 17724.
Township of Litchfield...............  Township of Litchfield, 168
                                        Hunsinger Overlook Lane, Athens,
                                        PA 18810.
Township of Monroe...................  Bradford County Office of
                                        Planning, 29 Vankuren Drive,
                                        Suite 1, Towanda, PA 18848.
Township of North Towanda............  North Towanda Township Office,
                                        477 Reuter Boulevard, Towanda,
                                        PA 18848.
Township of Orwell...................  Orwell Township Hall, 619 South
                                        Hill Road, Wyalusing, PA 18853.
Township of Overton..................  Township of Overton, 80 McGroarty
                                        Lane, New Albany, PA 18833.
Township of Pike.....................  Pike Township Building, 1514
                                        Haighs Pond Road, Rome, PA
                                        18837.
Township of Ridgebury................  Ridgebury Township Municipal
                                        Building, 13278 Berwick
                                        Turnpike, Gillett, PA 16925.
Township of Rome.....................  Rome Township Building, 28083
                                        Route 187, Wysox, PA 18854.
Township of Sheshequin...............  Sheshequin Township Office, 1774
                                        North Middle Road, Ulster, PA
                                        18850.
Township of Smithfield...............  Smithfield Township Municipal
                                        Building, 48 Factory Drive, East
                                        Smithfield, PA 18817.
Township of South Creek..............  Township of South Creek, 35839
                                        Route 14, Gillett, PA 16925.
Township of Springfield..............  Springfield Township Building,
                                        882 Wood Road, Milan, PA 18831.
Township of Standing Stone...........  Standing Stone Township Building,
                                        35165 Route 6, Wysox, PA 18854.
Township of Stevens..................  Stevens Township Building, 4332
                                        Herrickville Road, Wyalusing, PA
                                        18853.
Township of Terry....................  Terry Township Building, 1876
                                        Rienze Road, Wyalusing, PA
                                        18853.
Township of Towanda..................  Township Office, 44 Chapel
                                        Street, Towanda, PA 18848.
Township of Troy.....................  Township Office, 961 Gulf Road,
                                        Suite 101, Troy, PA 16947.
Township of Tuscarora................  Tuscarora Township Building, 2298
                                        Underhill Road, Laceyville, PA
                                        18623.
Township of Ulster...................  Municipal Building, 24071 Route
                                        220, Ulster, PA 18850.
Township of Warren...................  Warren Township Municipal
                                        Building, 3 Schoolhouse Road,
                                        Warren Center, PA 18851.
Township of Wells....................  Wells Township Building, 1401
                                        Coryland Park Road, Gillett, PA
                                        16925.
Township of West Burlington..........  Township Building, 13028 Route 6,
                                        West Burlington, PA 18810.
Township of Wilmot...................  Wilmot Township Municipal
                                        Building, 4861 Route 187, Sugar
                                        Run, PA 18846.
Township of Windham..................  Windham Township Building, 38846
                                        Route 187, Rome, PA 18837.
Township of Wyalusing................  Township Building, 41908 Route 6,
                                        Wyalusing, PA 18853.
Township of Wysox....................  Wysox Township Building, 1789
                                        Hillside Drive, Wysox, PA 18854.
------------------------------------------------------------------------

               Brown County, Texas, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://www.riskmap6.com/Community.aspx?cid=274&sid=5.
------------------------------------------------------------------------
City of Bangs........................  City Hall, 109 South 1st Street,
                                        Bangs, TX 76823.
City of Blanket......................  City Hall, 719 Main Street,
                                        Blanket, TX 76432.
City of Brownwood....................  Engineering Office, 501 Center
                                        Avenue, Brownwood, TX 76804.
City of Early........................  City Hall, 960 Early Boulevard,
                                        Early, TX 76802.
Unincorporated Areas of Brown County.  Brown County Building Inspector's
                                        Office, 200 South Broadway
                                        Street, Suite 332, Brownwood, TX
                                        76801.
------------------------------------------------------------------------
              Jackson County, Texas, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://riskmap6.com/Community.aspx?cid=369&sid=5
------------------------------------------------------------------------
City of Edna.........................  City Hall, 126 West Main Street,
                                        Edna, TX 77957.
City of Ganado.......................  City Hall, 112 East Putnam,
                                        Ganado, TX 77962.
City of La Ward......................  Fire Station, 13041 State Highway
                                        172, La Ward, TX 77970.
Unincorporated Areas of Jackson        Jackson County Department of
 County.                                Permitting, Inspection and
                                        Floodplain Administration, 411
                                        North Wells, Room 130, Edna, TX
                                        77957.
                Matagorda, Texas, and Incorporated Areas
------------------------------------------------------------------------
Maps Available for Inspection Online at: http://riskmap6.com/...........
------------------------------------------------------------------------
City of Bay City.....................  City Hall, 1901 5th Street, Bay
                                        City, TX 77414.
City of Palacios.....................  City Hall, 311 Henderson Avenue,
                                        Palacios, TX 77465.
Unincorporated Areas of Matagorda      Matagorda County Courthouse, 1700
 County.                                7th Street, Bay City, TX 77414.
------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2013-12018 Filed 5-20-13; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Notices]
[Pages 30656-30658]
[FR Doc No: E9-15155]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60153; File No. SR-NYSE-2009-49]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Include Floor Broker Agency Interest Containing Pegging and/or
Discretionary Instructions, Eligible for Execution in the Closing
Transaction, in the NYSE Order Imbalance Information Datafeed
Disseminated Prior to the Closing Transaction

June 19, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on June 18, 2009, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to include Floor Broker agency interest
containing pegging and/or discretionary instructions, eligible for
execution in the closing transaction, in the NYSE Order Imbalance
Information datafeed disseminated prior to the closing transaction. The
text of the proposed rule change is available at the Exchange, the
Commission's Public Reference Room, and http://www.nyse.com.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    New York Stock Exchange LLC (``NYSE'' or the ``Exchange'') proposes
to include Floor Broker agency interest files (``e-Quotes'') containing
pegging and/or discretionary instructions (``d-Quotes'') (collectively
``Floor broker agency interest''), eligible for execution in the
closing transaction, in the NYSE Order Imbalance Information datafeed
disseminated prior to the closing transaction.
    The Exchange notes that parallel changes are proposed to be made to
the rules of NYSE Amex LLC (formerly the American Stock Exchange).\4\
---------------------------------------------------------------------------

    \4\ See SR-NYSEAmex-2009-29.
---------------------------------------------------------------------------

Background of NYSE Amex Order Imbalance Information
    Currently, NYSE Rule 123C allows Exchange systems to make available
a datafeed of real-time order imbalances that accumulate prior to the
closing transactions on the Exchange.\5\ The datafeed contains
aggregate information about orders that are potentially subject to
execution at the market's closing price and represent issues that are
likely to be of particular trading interest at the close. Recipients of
the NYSE Order Imbalance Information datafeed currently pay a $500
monthly fee for access to this datafeed.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 57861 (May 23,
2008), 73 FR 31905 (June 4, 2008) (SR-NYSE-2008-42) (enhancing NYSE
OpenBook Product offerings with the introduction of the Order
Imbalance Information datafeed); See also Securities Exchange Act
Release No. 59202 (January 6, 2009), 74 FR 1744 (January 13, 2009)
(SR-NYSE-2008-132) (introducing the NYSE Order Imbalance Information
Fee); See also Securities Exchange Act Release No. 59815 (April 23,
2009), 74 FR 19609 (April 29, 2009) (SR-NYSE-2009-41) (modifying the
reference price at which the Exchange reports the Order Imbalance
Information and clarifying what information is included in and
excluded from the Order Imbalance Information Reports). Pursuant to
NYSE Rule 15, similar information is disseminated prior to the
opening transaction via this product.
---------------------------------------------------------------------------

    The NYSE Order Imbalance Information datafeed disseminated prior to
the closing transaction (``NYSE Closing Order Imbalance Information'')
includes all market-on-close orders and limit-on-close orders eligible
to participate in the closing transaction. DMM interest and Crowd
interest are excluded.
    Prior to the closing transaction, NYSE Closing Order Imbalance
Information is disseminated every fifteen seconds between 3:40 p.m. and
3:50 p.m. and every five seconds between 3:50 p.m. and 4 p.m. On any
day that the scheduled close of trading on the Exchange is earlier than
4 p.m. EST, the dissemination of the NYSE Closing Order Imbalance will
commence 20 minutes before the scheduled closing time. NYSE Closing
Order imbalance information will be disseminated every 15 seconds for
approximately 10 minutes. Thereafter, the order imbalance information
will be disseminated every five seconds until the scheduled closing
time.
d-Quotes and Pegging Instructions
    Pursuant to NYSE Rule 70, Floor brokers are permitted to represent
orders electronically through the use of e-Quotes. A d-Quote, as
provided by NYSE Rule 70, Supplementary Material .25, permits the Floor
broker to include discretionary instructions as to size and/or price on
an e-Quote. D-Quote discretionary instructions specify the price at
which the d-Quote may trade and the number of shares to be executed
based on the application of the discretionary instructions. The Floor
broker must also specify the price at which the d-Quote is to be
quoted.
    Pegging is a distinct instruction that may be used in conjunction
with an e-Quote and/or a d-Quote pursuant NYSE Rule 70, Supplementary
Material .26. Pegging instructions allow the Floor broker to maintain
his/her interest in the Exchange Best Bid or Offer (``BBO'') if the
quote moves from the orders' initial quote price. Pegged interest moves
with the Exchange BBO within the designated range. Any discretionary
instructions associated with that interest will continue to be applied
as long as it is within the Floor broker's designated price range. Buy-
side e-Quotes will peg to the best bid and sell side e-Quotes will peg
to the best offer.

Proposal to Include Floor Broker Agency Interest in the Closing NYSE
Amex Order Imbalance Information Datafeed
    Through this filing, the Exchange proposes to enhance the
information included in the NYSE Closing Order Imbalance Information
datafeed. Specifically, the Exchange proposes to also include, at no
additional charge, Floor broker agency interest, eligible for execution
in the closing transaction, in the NYSE Closing Order Imbalance
Information datafeed. The Exchange currently also provides displayable
aggregated d-Quote and pegging e-Quote interest in its NYSE
OpenBook[supreg] and NYSE Trades[supreg] market data products. The
Exchange now seeks to add additional transparency to the NYSE Order
Imbalance Information datafeed. Accordingly, the Exchange believes that
the inclusion of this information in the NYSE Closing Order Imbalance
Information datafeed will provide increased transparency regarding the
anticipated closing transaction.
    The NYSE Closing Order Imbalance Information will include d-Quote
interest using the maximum discretionary price that could be available
on the close and pegging e-Quotes at their ceiling\6\ or floor\7\
price. Beginning at 3:55 p.m., Exchange systems will use the maximum
discretionary or maximum pegged price (ceiling or floor) associated
with the Floor broker agency interest to determine its inclusion in the
NYSE Closing Order Imbalance Information datafeed.
---------------------------------------------------------------------------

    \6\ Pursuant to Supplementary Material .26 (ix)(B) of NYSE Rule
70, the ``ceiling price'' is the highest price to which a buy-side
e-Quote or d-Quote may peg.
    \7\ Pursuant to Supplementary Material .26(ix)(C) of NYSE Rule
70, the ``floor price'' is the lowest price to which a sell-side e-
Quote or d-Quote may peg.
---------------------------------------------------------------------------

    The Exchange anticipates that the inclusion of Floor broker agency
interest, eligible for execution in the closing transaction, in the
NYSE Closing Order Imbalance Information datafeed will provide its
customers with the requested transparency and allow sufficient time for
contra-side interest to develop, thereby decreasing volatility and
ultimately contributing to the maintenance of a fair and orderly
market.
    Currently, systemic modifications are required to implement the
inclusion of d-Quotes and all other pegging e-Quotes eligible to
participate in the closing transaction in all the securities traded on
the Exchange. There are approximately 10 securities on the Exchange
that will not receive the modified Order Imbalance Information datafeed
on the implementation date of June 22, 2009. During the implementation
process, the Exchange will identify on its Web site all the securities
operating on modified systems and receiving the Order Imbalance
Information datafeed containing d-quotes and all other pegging e-quotes
eligible to participate in the closing transaction. The Exchange
anticipates the completion of these modifications on or about July 31,
2009.
2. Statutory Basis
    The basis under the Securities Exchange Act of 1934 (the ``Act'')
for this proposed rule change is the requirement under Section 6(b)(5)
\8\ that an Exchange have rules that are designed to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system and,
in general, to protect investors and the public interest. The instant
proposal is in keeping with these principles in that it seeks to
provide greater transparency to Exchange market participants, affording
them additional information which further promotes just and equitable
principles of trade. The Exchange submits that the proposal to include
Floor broker agency interest in the NYSE Order Imbalance Information
datafeed furthers the protection of investors and the public interest
by providing investors with a more accurate depiction of the market
interest prior to the closing transaction, thereby allowing them to
make better informed trading decisions.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change: (i) Does not
significantly affect the protection of investors or the public
interest; (ii) does not impose any significant burden on competition;
and (iii) by its terms, does not become operative for 30 days from the
date on which it was filed, or such shorter time as the Commission may
designate, if consistent with the protection of investors and the
public interest, it has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the self-regulatory organization to submit to the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay so that the proposal may become operative immediately
upon filing in order to assist investors in making better informed
trading decisions by providing a more accurate depiction of the
available market interest prior to the closing transaction. Moreover, a
grant of immediate effectiveness will ensure that the Exchange can
provide this increased transparency afforded by the additional
information for the June 26, 2009 rebalance of the Russell Index which
has historically been characterized by increased trading volatility
associated with the closing transaction. The Exchange believes that the
provision of more accurate information prior to the closing
transactions will serve to mitigate volatility, assisting in the
maintenance of a fair and orderly market and ultimately protecting
investors and the public interest. The Commission believes such waiver
is consistent with the protection of investors and the public
interest.\11\ Accordingly, the Commission designates the proposed rule
change operative upon filing with the Commission.
---------------------------------------------------------------------------

    \11\ For purposes only of waiving the 30-day operative delay of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. See 15
U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing,

including whether the proposed rule change is consistent with the Act.
Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2009-49 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2009-49. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room on official business
days between the hours of 10 a.m. and 3 p.m. Copies of such filing also
will be available for inspection and copying at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSE-2009-49 and should be submitted on or before July 17, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-15155 Filed 6-25-09; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: June 16, 2006 (Volume 71, Number 116)]
[Notices]
[Page 34914-34917]
[DOCID:fr16jn06-89]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

June 9, 2006.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC04-110-000; ER04-847-005.
    Applicants: Michigan Electric Transmission Company, LLC.
    Description: Michigan Electric Transmission Co LLC submits
revisions to its Transmission Ownership and Operating Agreements to
comply with Order No. 614.
    Filed Date: 6/5/2006.
    Accession Number: 20060608-0891.
    Comment Date: 5 p.m. Eastern Time on Monday, June 26, 2006.

    Docket Numbers: EC06-127-000.
    Applicants: The Clark Fork and Blackfoot, L.L.C.; NorthWestern
Corporation; NorthWestern Energy Marketing, LLC; Babcock & Brown
Infrastructure Limited; BBI U.S. Holdings Pty Ltd; BBI U.S. Holdings II
Corp.; BBI Glacier Corp.
    Description: Northwestern Corp. et al. submit an application for
authorization of the merger of BBI Glacier with and into NorthWestern
under Section 203 of the Federal Power Act.
    Filed Date: 6/7/2006.
    Accession Number: 20060608-0886.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 28, 2006.

    Docket Numbers: EC06-129-000.
    Applicants: Capital Research and Management Company.
    Description: Capital Research and Management Co submits its request
for blanket authorization to acquire securities under Section 203 of
the Federal Power Act.
    Filed Date: 6/1/2006.
    Accession Number: 20060608-0888.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 22, 2006.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG06-54-000.
    Applicants: LSP Morro Bay, LLC.
    Description: LSP Morro Bay, LLC submits a Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 6/2/2006.
    Accession Number: 20060608-0620.
    Comment Date: 5 p.m. Eastern Time on Friday, June 23, 2006.

    Docket Numbers: EG06-55-000.
    Applicants: LSP South Bay, LLC.
    Description: LSP South Bay, LLC submits a Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 6/2/2006.
    Accession Number: 20060608-0621.
    Comment Date: 5 p.m. Eastern Time on Friday, June 23, 2006.

    Docket Numbers: EG06-56-000.
    Applicants: Bridgeport Energy LLC.
    Description: Bridgeport Energy LLC submits a Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 6/2/2006.
    Accession Number: 20060608-0619.
    Comment Date: 5 p.m. Eastern Time on Friday, June 23, 2006.

    Docket Numbers: EG06-57-000.
    Applicants: LSP Moss Landing, LLC.
    Description: LSP Moss Landing, LLC submits a Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 6/2/2006.
    Accession Number: 20060608-0617.
    Comment Date: 5 p.m. Eastern Time on Friday, June 23, 2006.

    Docket Numbers: EG06-58-000.
    Applicants: Griffith Energy, LLC.
    Description: Griffith Energy, LLC submits a Notice of Self-
Certification of Exempt Wholesale Generator Status.

    Filed Date: 6/2/2006.
    Accession Number: 20060608-0616.
    Comment Date: 5 p.m. Eastern Time on Friday, June 23, 2006.

    Docket Numbers: EG06-59-000.
    Applicants: LSP Arlington Valley, LLC.
    Description: LSP Arlington Valley, LLC submits a Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 6/2/2006.
    Accession Number: 20060608-0615.
    Comment Date: 5 p.m. Eastern Time on Friday, June 23, 2006.

    Docket Numbers: EG06-60-000.
    Applicants: Casco Bay Energy Company, LLC.
    Description: Casco Bay Energy Co, LLC submits a Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 6/2/2006.
    Accession Number: 20060608-0613.
    Comment Date: 5 p.m. Eastern Time on Friday, June 23, 2006.

    Docket Numbers: EG06-61-000.
    Applicants: Griffith Energy LLC.
    Description: Griffith Energy LLC submits a Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 6/2/2006.
    Accession Number: 20060608-0612.
    Comment Date: 5 p.m. Eastern Time on Friday, June 23, 2006.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER03-719-002; ER03-720-002; ER03-721-002.
    Applicants: New Athens Generating Company, LLC; New Covert
Generating Company; New Harquahala Generating Company, LLC.
    Description: New Athens Generating Company, LLC et al. submit their
updated triennial market power analysis with respect to their authority
to make sales at market based rates pursuant to FERC's orders dated 4/
14/04 & 7/8/04.
    Filed Date: 6/6/2006.
    Accession Number: 20060608-0601.
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 27, 2006.

    Docket Numbers: ER04-449-014.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Transmission Owners submits its compliance
filing pursuant to Commission's Orders issued 8/6/04, 6/2/05 & 5/18/06.
    Filed Date: 6/7/2006.
    Accession Number: 20060607-5031.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 28, 2006.

    Docket Numbers: ER04-449-015.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc submits a
compliance filing pursuant to Commission's Orders issued 8/6/04, 6/2/
05, & 5/5/06 and a motion for a further extension of time.
    Filed Date: 6/7/2006.
    Accession Number: 20060607-5076.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 28, 2006.

    Docket Numbers: ER04-708-001.
    Applicants: Horsehead Corp.
    Description: Horshead Corp submits its petition for acceptance of
its triennial market power analysis and market-based rate compliance
filing.
    Filed Date: 5/31/2006.
    Accession Number: 20060602-0331.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 21, 2006.

    Docket Numbers: ER05-1369-005.
    Applicants: Cinergy Marketing & Trading, LP.
    Description: Cinergy Marketing & Trading, LP submits an amended
market based rate tariff and request for expedited treatment.
    Filed Date: 6/5/2006.
    Accession Number: 20060608-0607.
    Comment Date: 5 p.m. Eastern Time on Monday, June 26, 2006.

    Docket Numbers: ER06-257-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool Inc submits an amendment to its
initial filing in this proceeding on 11/30/05 in accordance with FERC's
Letter Order 1/26/06.
    Filed Date: 6/6/2006.
    Accession Number: 20060608-0604.
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 27, 2006.

    Docket Numbers: ER06-822-002.
    Applicants: Fore River Development, LLC.
    Description: Fore River Development, LLC submits its response to
FERC's letter dated 5/26/06 providing additional information regarding
the need for the proposed Cost of Service Agreement with ISO New
England, Inc submitted on 3/31/06.
    Filed Date: 6/7/2006.
    Accession Number: 20060608-0922.
    Comment Date: 5 p.m. Eastern Time on Wednesday, June 21, 2006.

    Docket Numbers: ER06-885-001; ER06-885-001.
    Applicants: BM2 LLC.
    Description: BM2, LLC submits a petition for acceptance of its rate
schedule, wavier, and blanket authority and on 6/6/06 amended this rate
schedule.
    Filed Date: 6/5/2006 & 6/6/2006.
    Accession Number: 20060608-0606; 20060608-0892.
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 27, 2006.

    Docket Numbers: ER06-927-001.
    Applicants: BP Energy Company.
    Description: BP Energy Co submits an amendment to its proposed
revised market-based rate tariff filed 5/2/06.
    Filed Date: 6/6/2006.
    Accession Number: 20060608-0602.
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 27, 2006.

    Docket Numbers: ER06-1004-001.
    Applicants: Western System Power Pool, Inc.
    Description: Old Lane Commodities, LP request FERC to amend the
Western System Power Pool Agreement to reflect Old Lane as a WSPP
member.
    Filed Date: 6/5/2006.
    Accession Number: 20060608-0889.
    Comment Date: 5 p.m. Eastern Time on Monday, June 26, 2006.

    Docket Numbers: ER06-1073-000; ER06-1074-000.
    Applicants: LSP Oakland, LLC; LSP South Bay, LLC.
    Description: LSP Oakland LLC and LSP South Bay LLC submit a
notification to FERC that they have succeeded, solely as a result of a
name change, to the Reliability Must-Run Agreement with Duke Energy
Oakland LLC and California ISO.
    Filed Date: 6/2/2006.
    Accession Number: 20060608-0038.
    Comment Date: 5 p.m. Eastern Time on Friday, June 23, 2006.

    Docket Numbers: ER06-1090-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy Inc submits its Fifth Revised Sheet 11
of Second Revised FERC Rate Schedule 300, Existing Agreement, with
Missouri Joint Municipal Electric Utility Commission.
    Filed Date: 6/1/2006.
    Accession Number: 20060608-0582.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 22, 2006.

    Docket Numbers: ER06-1091-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy Inc submits its Fourth Revised Sheet 9
of FERC Electric Rate Schedule 302, Existing Agreement, with Missouri
Joint Municipal Electric Utility Commission.
    Filed Date: 6/1/2006.
    Accession Number: 20060608-0581.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 22, 2006.

    Docket Numbers: ER06-1093-000.
    Applicants: Flat Rock Windpower II LLC.
    Description: Flat Brock Windpower II LLC submits its petition for
order accepting market-based rate schedule for filing and granting
waivers and

blanket approvals and request for expedited treatment.
    Filed Date: 6/2/2006.
    Accession Number: 20060608-0622.
    Comment Date: 5 p.m. Eastern Time on Friday, June 23, 2006.

    Docket Numbers: ER06-1094-001.
    Applicants: Western Electricity Coordinating Council.
    Description: Western Electricity Coordinating Council submits
Request for Waiver of Western Electricity Coordinating Council and
Motion to Intervene.
    Filed Date: 6/1/2006.
    Accession Number: 20060601-5065.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 22, 2006.

    Docket Numbers: ER06-1094-002.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Op. submits a
Request for Waiver of Standards and Extension of Time of the Midwest
Independent Transmission System Operator, Inc. under ER06-1094.
    Filed Date: 6/1/2006.
    Accession Number: 20060601-5072.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 22, 2006.

    Docket Numbers: ER06-1094-003.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc submits its Request for limited
waiver of NAESB WEQ Standards.
    Filed Date: 6/1/2006.
    Accession Number: 20060608-0584.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 22, 2006.

    Docket Numbers: ER06-1094-004.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc submits its
request for waiver of NAESB WEQ business standards.
    Filed Date: 6/1/2006.
    Accession Number: 20060608-0583.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 22, 2006.

    Docket Numbers: ER06-1094-006.
    Applicants: SOWEGA Power LLC.
    Description: SOWEGA Power LLC submits its Requests for waiver of
FERC's newly adopted OASIS related standards.
    Filed Date: 5/26/2006.
    Accession Number: 20060608-0590.
    Comment Date: 5 p.m. Eastern Time on Friday, June 16, 2006.

    Docket Numbers: ER06-1094-007.
    Applicants: NorthWestern Corporation.
    Description: NorthWestern Corporation submits its requests FERC to
grant waiver of the newly adopted OASIS related standards promulgated
in Order 676 for its South Dakota operations.
    Filed Date: 6/1/2006.
    Accession Number: 20060608-0587.
    Comment Date: 5 p.m. Eastern Time on Thursday, June 22, 2006.

    Docket Numbers: ER06-1097-000.
    Applicants: Pacific Gas & Electric Company.
    Description: Pacific Gas and Electric Co submits a Notice of
Termination of the Control Area and Transmission Service Agreement with
Power Exchange Corp.
    Filed Date: 6/2/2006.
    Accession Number: 20060608-0624.
    Comment Date: 5 p.m. Eastern Time on Friday, June 23, 2006.

    Docket Numbers: ER06-1098-000.
    Applicants: JJR Power LLC.
    Description: JJR Power LLC submits a Petition for acceptance of
Initial Tariff, Waivers and Blanket Authority & request acceptance of
FERC Electric Tariff, Original Volume 1.
    Filed Date: 6/5/2006.
    Accession Number: 20060608-0610.
    Comment Date: 5 p.m. Eastern Time on Monday, June 26, 2006.

    Docket Numbers: ER06-1099-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits revisions to its OAT&EM Tariff, FERC Electric Tariff, Volume 1.
    Filed Date: 6/5/2006.
    Accession Number: 20060608-0609.
    Comment Date: 5 p.m. Eastern Time on Monday, June 26, 2006.

    Docket Numbers: ER06-1100-000.
    Applicants: Golden Spread Electric Cooperative, Inc.
    Description: Golden Spread Electric Coop, Inc submits its Sixth
Informational Filing setting forth updated fixed cost associated with
rates charges for sales of replacement energy pursuant to Rate Schedule
35, Order 614.
    Filed Date: 6/5/2006.
    Accession Number: 20060608-0608.
    Comment Date: 5 p.m. Eastern Time on Monday, June 26, 2006.

    Docket Numbers: ER06-1102-000.
    Applicants: Central Power Maine Power Company.
    Description: Central Maine Power Co's submits a petition to
terminate its Executed Interconnection Agreement, Long-Term Pt-to-Pt
Transmission Agreement and Unexecuted Local Network Transmission
Service Agreement with Androscoggin Energy, LLC.
    Filed Date: 6/5/2006.
    Accession Number: 20060608-0605.
    Comment Date: 5 p.m. Eastern Time on Monday, June 26, 2006.

    Docket Numbers: ER06-1103-000; ER06-1104-000; ER06-1105-000; ER06-
1106-000; ER06-1107-000; ER06-1108-000; ER06-1109-000; ER06-1110-000;
ER06-1111-000.
    Applicants: Bridgeport Energy, LLC; Casco Bay Energy Company, LLC;
Griffith Energy LLC; LSP Arlington Valley, LLC; LSP Mohave, LLC; LSP
Morro Bay, LLC; LSP Moss Landing, LLC; LSP Oakland, LLC; LSP South Bay,
LLC.
    Description: Bridgeport Energy LLC, Casco Bay Energy Company, LLC
et al submit Notices of Succession, revised tariffs, and notices of
cancellations.
    Filed Date: 6/2/2006.
    Accession Number: 20060608-0611.
    Comment Date: 5 p.m. Eastern Time on Friday, June 23, 2006.

    Docket Numbers: ER06-1112-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits an informational compliance report which describes the status
of efforts to develop a replacement for interim resource adequacy plan.
    Filed Date: 6/6/2006.
    Accession Number: 20060608-0603.
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 27, 2006.

    Docket Numbers: ER06-1113-000.
    Applicants: Cinergy Marketing & Trading, LP.
    Description: Cinergy Marketing & Trading, LP submits amendment to
its market-based rate tariff and request for expedited treatment.
    Filed Date: 6/5/2006.
    Accession Number: 20060608-0558.
    Comment Date: 5 p.m. Eastern Time on Monday, June 26, 2006.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.

    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-9406 Filed 6-15-06; 8:45 am]

BILLING CODE 6717-01-P


Rethinking the NFIP:  Strawman Policy Options
Privatization Policy Options
Description of Policy Theme:
--------------------------------------------------------------------------------
Is there a new role for the private sector?
--------------------------------------------------------------------------------
There are various alternatives for turning to the private market to address flood losses including privatization of the entire program or privatization of elements of the program (enforcement, risk identification, mitigation, insurance).  We recognize that the exact approach or solution for each alternative will depend upon the market's willingness and capability to assume a particular role.  Until robust dialogues are held with relevant market players, a truly feasible solution cannot be clearly defined.  Nevertheless, we offer some options to provide a flavor on how the alternative could be implemented.
--------------------------------------------------------------------------------
One of the drivers for the enactment of the National Flood Insurance Act (NFIA) and establishment of the National Flood Insurance Program (NFIP) was the failure of the private market to provide any substantive means, by insurance or otherwise, to mitigate the flood hazard risk.  Many hurdles stood in the way at the time:  the areas prone to flood hazard and the likelihood of flooding had not been identified, building practices and codes that mitigate the flood hazard were not known or not enforced, and the financial risk of insuring properties with the potential for large catastrophic loses posed an unmanageable threat to the solvency of insurers.  Now, 40 years later, many of these barriers have been addressed.  The Federal Government has produced updated flood hazard data for more than 92 percent of the Nation's population, more than 21,000 communities adhere to minimum building and land use criteria, and various financial instruments could be explored that could help manage insurers' risks such as disaster bonds and auctioning risk.  We must ask ourselves, is it possible for the private sector to pick up from where we are now and provide a better solution to the problem of flood losses?

Strawman Policy Options:
   * Full Privatization:  The Federal Government would not be involved at all in the servicing and backing of flood insurance.  The private market is left to enforce land use and building practices and mitigation would be funded by private markets.  Federal disaster policy may be used to ensure future publicly funded disaster recovery occurs only in locations where minimum standards are implemented.
   * Privatize with Federal Assistance:  Full privatization may not be feasible if the private sector is unwilling or unable to assume all aspects necessary to mitigate the flood hazard effectively for the Nation as a whole.  However, many of the functions of the existing NFIP could be moved completely to the private sector with the Federal Government's role reduced to providing guidance, setting minimum standards, and offering incentives (including financial backing).
   * Federal Role Limited to Special Classes of Population:  Under this option, the private market delivers all aspects of floodplain management including insurance, risk analysis, and building standards. The Federal Government's role is limited to those situations where intervention is deemed necessary to address market failures adversely affecting special classes of populations such as low-income populations or populations in particularly hazardous areas.
   * Reinsurance:  The Federal Government assumes a catastrophic loss reinsurer role where reinsurance is triggered by a loss amount or a particular flood disaster size.  In the alternative, the Federal Government may sell the first line of flood insurance and pay a reinsurance premium to the private sector to take on losses exceeding a loss amount or based on a particular flood disaster size.
   * Financial Instruments:  Regardless of the policy alternative chosen for the NFIP Reform initiative, private-sector financial instruments can aid in reducing the volatility of flood losses (flatten the payout curve) or raise money for flood mitigation, recovery, or insurance.  Financial instruments can also help improve fiscal soundness and planning for flood loss so that limited borrowing or emergency aid is required in excess of annual budgets.  Instruments include disaster bonds, auctioning of risks (derivatives), and investment of insurance float.


[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Notices]
[Page 47317]
[FR Doc No: 2013-18871]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9843-3; CERCLA-04-2013-3759]

Ore Knob Mine Superfund Site; Laurel Springs, Ashe County, North
Carolina; Notice of Settlement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Settlement.

-----------------------------------------------------------------------

SUMMARY: Under 122(h) of the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA), the United States
Environmental Protection Agency has entered into a settlement with
Herbert N. Francis concerning the Ore Knob Mine Superfund Site located
in Laurel Springs, Ashe County, North Carolina. The settlement
addresses cost incurred by the agency in conducting a fund lead
Removal.

DATES: The Agency will consider public comments on the settlement until
September 4, 2013. The Agency will consider all comments received and
may modify or withdraw its consent to the settlement if comments
received disclose facts or considerations which indicate that the
settlement is inappropriate, improper, or inadequate.

ADDRESSES: Copies of the settlement are available from EPA's
Environmental Protection Specialist, Ms. Paula V. Painter. Submit your
comments by site name ``Ore Knob Mine Superfund Site'' by one of the
following methods:

     www.epa.gov/region4/superfund/programs/enforcement/enforcement.html.
     Email<EMAIL_ADDRESS>     U.S. Environmental Protection Agency, Attn: Paula V.
Painter, Superfund Division, 61 Forsyth Street SW., Atlanta, Georgia
30303.

FOR FURTHER INFORMATION CONTACT: Paula V. Painter at 404/562-8887.

    Dated: April 17, 2013.
Anita L. Davis,
Chief, Superfund Enforcement & Information Management Branch, Superfund
Division.
[FR Doc. 2013-18871 Filed 8-2-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 30, 2008 (Volume 73, Number 147)]
[Notices]
[Page 44247]
[DOCID:fr30jy08-66]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL03-77-007; Docket No. RP03-311-005]

Enron Power Marketing, Inc. and Enron Energy Services, Inc.;
Bridgeline Gas Marketing L.L.C., Citrus Trading Corporation, ENA
Upstream Company, LLC, Enron Canada Corp., Enron Compression Services
Company, Enron Energy Services, Inc., Enron MW, L.L.C., and Enron North
America Corp; Notice of Filing

July 23, 2008.
    Take notice that on July 21, 2008, Enron Power Marketing, Inc.,
Enron Energy Services, Inc., ENA Upstream Company, LLC, Enron Canada
Corp., Enron Compression Services, Enron MW, L.L.C. and Enron North
America Corp., and the City of Seattle filed a uncontested offer of
settlement that is intended to resolve all issues in the above-
captioned proceeding as well as certain petitions for review currently
pending before the United States Court of Appeals for the District of
Columbia Circuit.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on August 11, 2008.
    Reply Comment Date: 5 p.m. Eastern Time on August 20, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-17399 Filed 7-29-08; 8:45 am]

BILLING CODE 6717-01-P