[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Rules and Regulations]
[Pages 73897-73902]
[FR Doc No: 2012-29714]

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Rules and Regulations
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0421; Directorate Identifier 2012-NM-042-AD;
Amendment 39-17284; AD 2012-25-03]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 757 airplanes. This AD was prompted by a
report of in-flight fracture of the right windshield (window 1) on the
flight deck and multiple reports of electrical arcs at the terminal
blocks of the flight deck windshields resulting in smoke and fire. This
AD requires repetitive inspections of electrical heat terminals on the
left and right windshields for damage, and corrective actions if
necessary. This AD allows replacing an affected windshield with a
windshield equipped with different electrical connections, which would
terminate the repetitive inspections for that windshield. We are
issuing this AD to prevent smoke and fire in the flight deck, which can
lead to loss of visibility, and injuries to or incapacitation of the
flightcrew.

DATES: This AD is effective January 16, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of January 16,
2013.

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 review copies of the 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; 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:<PHONE_NUMBER>) is Document 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: Elias Natsiopoulos, Aerospace
Engineer, Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office (ACO), 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 to include an AD that would apply to the specified products.
That NPRM published in the Federal Register on April 25, 2012 (77 FR
24643). That NPRM proposed to require repetitive inspections of
electrical heat terminals on the left and right windshields for damage,
and corrective actions if necessary. That NPRM also proposed to allow
replacing an affected windshield with a windshield equipped with
different electrical connections, which would terminate the repetitive
inspections for that windshield.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(77 FR 24643, April 25, 2012) and the FAA's response to each comment.

Support for the NPRM (77 FR 24643, April 25, 2012)

    The Air Line Pilots Association, International stated that the
proposed actions will enhance safety, and that it supports the intent
and language of the NPRM (77 FR 24643, April 25, 2012).
    UPS stated that it agrees with the intent of the NPRM (77 FR 24643,
April 25, 2012).

Requests To Issue Supersedure AD or Withdraw NPRM (77 FR 24643, April
25, 2012)

    FedEx and UPS recommended superseding AD 2010-15-01, Amendment 39-
16367 (75 FR 39804, July 13, 2010), to add the additional inspection
requirements described in Boeing Special Attention Service Bulletin
757-30-0019, Revision 3, dated December 16, 2011, instead of issuing a
new AD that would require accomplishing the actions proposed in the
NPRM (77 FR 24643, April 25, 2012). FedEx stated that issuing this new
AD will impose an additional burden on the operators. UPS stated that
the addition of new requirements for the J5 terminal in the NPRM
conflicts with the requirements of AD 2010-15-01. UPS stated that
issuing a superseding AD would ease tracking and avoid conflicting
requirements.
    United Airlines (United) stated that an additional inspection is
not warranted and that more issues are likely to arise by disturbing
the terminals. We infer that United is requesting that we withdraw the
NPRM (77 FR 24643, April 25, 2012).
    We do not agree with the commenters' requests. The additional
inspection requirements of this AD apply only to Model 757 airplanes;
and AD 2010-15-01, Amendment 39-16367 (75 FR 39804, July 13, 2010),
applies to Model 757, 767, and 777 airplanes. Superseding AD 2010-15-01
would delay accomplishment of the actions required by this AD, which
would be inappropriate in light of the unsafe condition identified on
the J1 and J4 upper windshield electrical power terminal connections on
Model 757 airplanes.
    In regard to United's comment, the unsafe condition identified in
the J1 and J4 upper windshield electrical power terminal connections
significantly

outweighs the potential for an operator to inadvertently create a new
problem during the accomplishment of the actions required by this AD.
    As for UPS's concern about conflicting J5 terminal requirements
between AD 2010-15-01, Amendment 39-16367 (75 FR 39804, July 13, 2010),
and this AD, we point out that accomplishing the actions required by
this AD terminates the requirements of AD 2010-15-01 for Model 757
airplanes only. Paragraphs (h) and (l) of this AD provide further
clarification regarding this issue.
    We have not changed the AD in this regard.

Request To Include Additional Airplane Model in This AD

    The National Transportation Safety Board (NTSB) requested that the
NPRM (77 FR 24643, April 25, 2012) also apply to Model 747, 767, and
777 airplanes, because a similar window design is used on these models,
as stated in NTSB Safety Recommendation A-07-50, dated September 4,
2007. (See http://www.ntsb.gov/doclib/recletters/2007/A07_49_50.pdf.).
    In addition, the NTSB stated that AD 2010-15-01, Amendment 39-16367
(75 FR 39804, July 13, 2010), was applicable to certain Model 757, 767,
and 777 airplanes--not just Model 757 airplanes. The NTSB noted that
there is another AD action similar to AD 2010-15-01 for Model 747
airplanes.
    We disagree to add Model 747, 767, and 777 airplanes to the
applicability of this AD. AD 2010-15-01, Amendment 39-16367 (75 FR
39804, July 13, 2010), which is applicable to certain Model 757, 767,
and 777 airplanes, addresses an unsafe condition on the lower
windshield terminals. There were four reported Model 757 windshield
upper terminal overheat/arcing events. We have not received any reports
of upper terminal overheat/arcing events on Model 767 and 777 airplane
windshields, and only one reported upper terminal overheat/arcing event
on a Model 747 airplane windshield. Boeing increased the specified
torque for installation of the windshield terminals for Model 747, 767,
and 777 airplanes and communicated this information to operators. Due
to the number of reported events on Model 757 airplanes and the lower
specified torque for windshield installations on Model 757 airplanes,
this AD is applicable to that model only. We have not changed the AD in
this regard.

Requests To Improve Inspection Procedures

    American Airlines (AAL) and the NTSB requested that we revise the
NPRM (77 FR 24643, April 25, 2012) to provide instructions for more
effective inspections in detecting and correcting all failure modes of
the windshield electrical terminal connections.
    AAL stated that it is concerned that the NPRM (77 FR 24643, April
25, 2012) does not offer a comprehensive solution to flight deck window
heat smoke events, and that inspection of the J1, J4, and J5 electrical
terminals for loose connections might not prevent electrical arcs at
the windshield side of the terminal blocks. AAL stated that its
analysis and service history have shown that damage of the solder
joints inside the windshield terminal blocks are the primary root cause
of the smoke and odor events in the flight deck window heat system. AAL
stated that the NPRM should also address the electrical connections at
the windshield side of the terminal block, specifically the use of
unclenched, low temperature solder joints connecting the braid wire to
the terminal block.
    The NTSB stated that it agrees that windshield heat system terminal
blocks J1 and J4 should be added to the NPRM (77 FR 24643, April 25,
2012), but that the FAA needs to revise the NPRM to ensure that the
inspections are effective in detecting and correcting the potential
problem involving loose electrical connections. The NTSB cited two
serious incidents that it investigated during 2010, which involved in-
flight fires and electrical odors that the actions required in AD 2010-
15-01, Amendment 39-16367 (75 FR 39804, July 13, 2010) (which requires
inspection of terminal block J5) did not adequately address.
    We partially agree. We agree with AAL that the required inspection
would not detect arcing events in the solder joints inside the terminal
blocks of the PPG Aerospace (PPG) windshields. However, we disagree
with AAL's suggestion to revise this AD to address the solder joints
connecting the braid wire to the terminal block inside the windshield;
this is not feasible, as there are currently no non-destructive
inspection methods developed to detect and correct damage inside the
windshield terminal block. Electrical current through a loose
electrical connector will generate heat which can compromise the
adjacent solder joint. The requirements of paragraphs (g), (h), and (i)
of this AD focus on proper connection of screw/lug connectors, which
will protect against smoke/fire events at the connector and damage to
the adjacent solder joint.
    We disagree with the NTSB that the inspections required by this AD
are not effective. We point out that the screw/lug-type connection is
partially exposed to flight deck activities and can be bumped during
cleaning of the windshield or by any clipboards/books or other articles
placed on the glare shield. Therefore, while the inspections required
by AD 2010-15-01, Amendment 39-16367 (75 FR 39804, July 13, 2010), and
this new AD might not eliminate all occurrences of terminal overheat/
arcing, they should reduce the likelihood of events as demonstrated
since the issuance of AD 2010-15-01.
    The most straightforward way to eliminate overheat/arcing events,
and to terminate the detailed inspections required by this AD, is
replacing the screw/lug-type windshields with windshields having pin/
socket-type power connections. This option is specified in paragraph
(k) of this AD. However, we also consider a properly installed screw/
lug connector to provide an adequate conductive path to prevent
overheating of the electrical connection. This is addressed in the
requirements of paragraphs (g), (h), and (i) of this AD. In addition,
if we were to add a requirement that operators must do that
replacement, we would need to issue a supplemental NPRM, and therefore,
would delay issuance of the final rule. To delay this final rule would
be inappropriate, since we have determined that an unsafe condition
exists and the actions required by this AD adequately address the
identified unsafe condition. We have not changed the AD in this regard.

Requests for Additional Terminating Action

    Boeing requested that GKN Aerospace (GKN) windshields having part
numbers (P/Ns) 141T4800-15 and 141T4800-16 (with pin/socket terminals)
be approved as optional parts for the terminating action specified in
paragraph (k) of the NPRM (77 FR 24643, April 25, 2012).
    We agree with the commenter's request, because we have approved
alternative methods of compliance (AMOCs) for paragraphs (f), (g), (h),
and (i) of AD 2010-15-01, Amendment 39-16367 (75 FR 39804, July 13,
2010), to allow installation of GKN windshields having P/Ns 141T4800-15
and 141T4800-16 for Model 757 airplanes only.
    We have added new paragraphs (n)(3) and (n)(4) to this AD, which
state that AMOCs approved previously in accordance with AD 2010-15-01
are approved as AMOCs for the actions

specified in paragraphs (g), (h), (i), (j), and (k) of this AD.
    In addition, AAL stated that installation of a GKN flight deck
windshield having P/N 141T4800 should be included as a terminating
action to the inspection requirements stated in the NPRM (77 FR 24643,
April 25, 2012). AAL stated that the P/N 141T4800 window does not
incorporate the solder joint, which causes an extreme arcing ignition
source and possible glass damage.
    We partially agree. We agree with AAL that damaged solder joints
are a cause of electrical arcs, because the heat caused by a loose
terminal exceeds the rated melting point of the solder, which could
result in high voltage arcing that might damage the windshield glass.
We disagree with AAL to include all GKN windshields having P/N 141T4800
as terminating action for this AD because some of these have screw/lug
heat terminals and some have pin/socket heat terminals. A main cause of
an overheated terminal, and resultant melting of the solder and
subsequent arcing, is a loose, cross-threaded, or incorrectly installed
screw. Since we have received reports of arcing/smoking on GKN
windshields having P/N 141T4800 with screw/lug heat terminals, we have
determined that these windshields do not provide an acceptable level of
safety without accomplishing the repetitive inspections required by
this AD and cannot be included as a terminating action for this AD.
Windshields with pin/socket heat terminals are terminating action as
specified in paragraphs (k) and (n)(4) of this AD. We have not changed
the AD in this regard.

Request To Change the Compliance Time

    FedEx recommended retaining the 500-flight-hour or 150-day
compliance time, whichever occurs first, as specified in Boeing Special
Attention Service Bulletin 757-30-0019, Revision 3, dated December 16,
2011, for certain inspections, in lieu of the 500 flight hours proposed
by the NPRM (77 FR 24643, April 25, 2012). FedEx stated that some
airplanes have a low average utilization rate (3.3 or less flight hours
per day) and it is possible to reach 150 days before 500 flight hours.
    We do not agree to change the compliance time. We have determined
that the 150-day compliance time is too restrictive, and a compliance
time of 500 flight hours for the initial and certain other inspections
addresses the identified unsafe condition soon enough to ensure an
adequate level of safety. As we noted in the NPRM (77 FR 24643, April
25, 2012), this difference between Boeing Special Attention Service
Bulletin 757-30-0019, Revision 3, dated December 16, 2011, and this AD
was coordinated with Boeing. We have not changed the AD in this regard.

Request To Change Repetitive Inspection Interval

    FedEx recommended having one repetitive inspection interval for
both GKN and PPG windows. FedEx recommended a repetitive inspection
interval of 6,000 flight hours or 24 months, whichever occurs first.
FedEx stated that this will help operators manage the repetitive
inspection interval without the need to require maintenance ``to check
on the manufacturer of the windows and/or part numbers.''
    We disagree with having the same repetitive inspection interval for
both GKN and PPG windows. Having this one inspection interval would
reduce the repetitive inspection interval for the GKN-manufactured
windshields from 12,000 flight hours or 48 months, to 6,000 flight
hours or 24 months, whichever occurs later. The reason for the longer
repetitive inspection interval for the GKN windshields is that the
frequency of overheat/arcing events on the GKN windshields with screw/
lug-type electrical connections is significantly lower and the effects
are not as severe as those of the PPG windshields. FedEx may choose to
inspect all its airplanes at the more restrictive interval, if desired,
to simplify its maintenance program. We have not changed the AD in this
regard.

Requests To Change the Replacement Window Inspection Requirements

    FedEx and UPS requested we delete the requirements of paragraph (i)
of the NPRM (77 FR 24643, April 25, 2012). In eliminating paragraph (i)
from the NPRM, FedEx also suggested that we change the repetitive
inspection intervals specified in paragraphs (g)(1) and (g)(2) of the
NPRM to ``every 500 flight hours'' (reduced from 6,000 or 12,000 flight
hours, as proposed) or 150 days (reduced from 24 or 48 months, as
proposed), whichever comes first, to address the unsafe condition.
FedEx and UPS stated that it is difficult for the operators to meet the
requirements of paragraph (i) of the NPRM, especially if the windshield
is removed due to pilot and/or maintenance write-ups and/or non-routine
findings during operation.
    We do not agree to remove paragraph (i) of the AD, or to change the
repetitive inspection intervals of paragraphs (g)(1) and (g)(2) of the
NPRM (77 FR 24643, April 25, 2012). However, we have revised paragraph
(i) of this AD to limit the inspection to windshields that are replaced
and connections that are re-assembled in accordance with the
requirements of this AD. The current Boeing Model 757 airplane
maintenance manual (AMM) provides instructions for tasks associated
with the windshield heating system, including replacement of a
windshield with another windshield with screw/lug electrical connectors
and for testing of the window heater element loop resistance. These
tasks specify the correct torque for assembly of the windshield
electrical terminal connections. We find that re-inspecting windshields
after replacement or disassembly as part of routine maintenance is not
necessary since the AMM specifies the proper torque.
    We have revised (and reformatted) paragraph (i) of this AD to
clarify that the inspections are done on windshields replaced or
connections re-assembled in accordance with the service information
specified in this AD. Therefore, this AD only requires re-inspection of
windshield terminal installations on airplanes on which corrective
actions required by this AD must be done.

Request for Clarification of Re-Assembly

    UPS questioned whether popping off the plastic cover on the
Wallace-Black and Cory/Tri-Star lug connectors to gain access for
visual inspection is a ``re-assembly'' when the cover is popped back
on. UPS stated that if it is a re-assembly, then another re-inspection
is required at 500 flight hours, which starts a repetitive inspection
loop that cannot be terminated. UPS stated that the only conceivable
reason for ``re-assembling'' any J1, J4, or J5 connection would be for
a finding of an improper assembly (i.e., cross-threading, gapping, low
screw torque, loose screw), and that these issues have been adequately
addressed in AD 2010-15-01, Amendment 39-16367 (75 FR 39804, July 13,
2010), and in the previous inspections of the NPRM (77 FR 24643, April
25, 2012).
    We agree to provide clarification. Removing and installing the
cover, as described in Figure 1 and Figure 2 of the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 757-30-0019,
Revision 3, dated December 15, 2011, is not considered ``re-assembly''
for the requirements specified in paragraph (i) of this AD. We have not
changed the AD in this regard.

Request To Revise the AMM

    UPS requested that the Boeing AMM be revised to include the re-
inspection

requirements of paragraph (i) of the NPRM (77 FR 24643, April 25,
2012), or that a requirement similar to a critical design configuration
control limitation/airworthiness limitation (CDCCL/AWL) be added to the
appropriate AMM section. UPS stated that the re-inspection requirements
in paragraph (i) of the NPRM include unscheduled maintenance
activities, and UPS, like other operators, has no means to identify and
impose a required re-inspection when the re-inspection is not in the
instructions for continued airworthiness (ICAs), namely, the AMM. UPS
stated that having the operator change its manual to include a
``unique'' requirement is not a viable solution.
    We disagree with the request. However, as previously stated, we
have removed the requirement to inspect windows replaced during normal
maintenance. We find that the safety of the fleet of affected airplanes
will be ensured by the revised requirements of paragraph (i) of this
AD. In addition, if we were to add a requirement to include a CDCCL or
AWL in the maintenance program instead of the inspection specified in
paragraph (i) of this AD, we would need to issue a supplemental NPRM,
and therefore, would delay issuance of the final rule. To delay this
final rule would be inappropriate, since we have determined that an
unsafe condition exists and the actions required by this AD, including
the inspections specified in paragraph (i) of this AD, must be
conducted to ensure continued safety. We have not changed the AD in
this regard.

Request for Temporary Repair for Missing Terminal Covers

    UPS requested approval to operate with missing plastic protective
terminal covers on the lug-screw-style connectors. UPS stated that,
with the increased amount of inspection activity required on these
terminals, it is common for the plastic protective covers to be
missing. UPS stated that Boeing Special Attention Service Bulletin 757-
30-0019, Revision 3, dated December 15, 2011, specifies the inspection
of these covers for signs of heat damage. UPS stated that there is no
provision for a missing cover. UPS requested that provisions be made
for dispatching an airplane with a simple temporary repair for those
instances when a cover is missing; since failure to resolve this minor
point will result in grounded airplanes for the sake of an inexpensive
cover.
    We partially agree. We disagree with granting approval to operate
with missing plastic protective terminal covers on the lug-screw-style
connectors in this AD. We agree that the availability of an alternative
to seal the windshield terminal(s) would provide relief if the type
design part is missing from the terminal and it is not readily
available at the time it is needed. According to Boeing, the use of Dow
Corning RTV-3145 sealant, also called DC-3145 potting compound, would
be acceptable to use in place of the missing cover. The procedure to
apply the DC-3145 sealant is specified in the Boeing Standard Wiring
Practices Manual, Chapter 20-60-08. Operators can submit a request for
an AMOC, including the specific details of when and how this
substitution would be used, in accordance with the procedures specified
in paragraph (n) of this AD. We have not changed the AD in this regard.

Additional Changes Made to This AD

    We have added new paragraph (c)(3) to this AD to state that
installation of Supplemental Type Certificate (STC) ST01920SE (http://
rgl.faa.gov/Regulatory-and-Guidance-Library/rgstc.nsf/0/
082838ee177dbf62862576a4005cdfc0/$FILE/ST01920SE.pdf) does not affect
the ability to accomplish the actions required by this AD. Therefore,
for airplanes on which STC ST01920SE is installed, a ``change in
product'' AMOC approval request is not necessary to comply with the
requirements of 14 CFR 39.17. For all other AMOC requests, the operator
must request approval for an AMOC in accordance with the procedures
specified in paragraph (n) of this AD.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously--and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (77 FR 24643, April 25, 2012) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 24643, April 25, 2012).
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of the AD.

Costs of Compliance

    We estimate that this AD affects 664 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
----------------------------------------------------------------------------------------------------------------
Detailed inspection of            3 work-hours x $85                $0  $255 per inspection  $169,320 per
 windshields.                      per hour = $255 per                   cycle.               inspection cycle.
                                   inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary corrective
actions that would be required based on the results of the inspection.
We have no way of determining the number of aircraft that might need
these corrective actions.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                        Labor cost                Parts cost            Cost per product
----------------------------------------------------------------------------------------------------------------
Windshield replacement and changes    9 work-hours x $85 per    $19,687 per windshield.  $20,452 per windshield.
 to related wiring including lug       hour = $765 per
 replacement.                          windshield.
----------------------------------------------------------------------------------------------------------------

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):

2012-25-03 The Boeing Company: Amendment 39-17284; Docket No. FAA-
2012-0421; Directorate Identifier 2011-NM-042-AD.

(a) Effective Date

    This AD is effective January 16, 2013.

(b) Affected ADs

    This AD affects AD 2010-15-01, Amendment 39-16367 (75 FR 39804,
July 13, 2010).

(c) Applicability

    This AD applies to The Boeing Company airplanes, certificated in
any category, as identified in paragraphs (c)(1) and (c)(2) of this
AD.
    (1) Model 757-200, -200PF, and -200CB series airplanes
identified in Boeing Special Attention Service Bulletin 757-30-0019,
Revision 3, dated December 16, 2011.
    (2) Model 757-300 airplanes identified in Boeing Special
Attention Service Bulletin 757-30-0020, Revision 3, dated December
16, 2011.
    (3) Installation of Supplemental Type Certificate (STC)
ST01920SE (http://rgl.faa.gov/Regulatory--and--Guidance--Library/
rgstc.nsf/0/082838ee177dbf62862576a4005cdfc0/$FILE/ST01920SE.pdf)
does not affect the ability to accomplish the actions required by
this AD. Therefore, for airplanes on which STC ST01920SE 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. For all other AMOC requests, the
operator must request approval for an AMOC in accordance with the
procedures specified in paragraph (n) of this AD.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 30, Ice and Rain Protection.

(e) Unsafe Condition

    This AD was prompted by a report of in-flight fracture of the
right windshield (window 1) on the flight deck and multiple reports
of electrical arcs at the terminal blocks of the flight deck
windshields resulting in smoke and fire. We are issuing this AD to
prevent smoke and fire in the flight deck, which can lead to loss of
visibility, and injuries to or incapacitation of the flightcrew.

(f) Compliance

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

(g) Inspection and Repair

    Within 500 flight hours after the effective date of this AD,
except as required by paragraph (h) of this AD: Do a detailed
inspection for damage of the wiring and electrical terminal blocks
(J1, J4, and J5 terminals) at the left and right flight deck window
1 windshield, and do all applicable corrective actions, by
accomplishing all the applicable actions specified in the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 757-30-0019, Revision 3, dated December 16, 2011 (for Model
757-200, -200PF, and -200CB series airplanes); or Boeing Special
Attention Service Bulletin 757-30-0020, Revision 3, dated December
16, 2011 (for Model 757-300 series airplanes). Except as provided by
paragraph (j) of this AD, do all applicable corrective actions
before further flight. Repeat the detailed inspection thereafter at
the applicable interval specified in paragraph (g)(1) or (g)(2) of
this AD. Doing the replacement specified in paragraph (k) of this AD
terminates the repetitive inspection requirements of this paragraph
for that replaced flight deck windshield.
    (1) For flight deck windshields manufactured by GKN Aerospace
(GKN) with screw/lug electrical connections, repeat the detailed
inspection thereafter at intervals not to exceed 12,000 flight hours
or 48 months, whichever occurs later.
    (2) For flight deck windshields manufactured by PPG Aerospace
(PPG) with screw/lug electrical connections, repeat the detailed
inspection thereafter at intervals not to exceed 6,000 flight hours
or 24 months, whichever occurs later.

(h) Compliance Time Exception for Previous Inspection

    For airplanes on which inspections of the J1, J4, and J5
terminals specified in the Accomplishment Instructions of Boeing
Special Attention Service Bulletin 757-30-0019, Revision 2, dated
April 19, 2010 (for Model 757-200, -200PF, and -200CB series
airplanes); or Boeing Special Attention Service Bulletin 757-30-
0020, Revision 2, dated March 31, 2010 (for Model 757-300 series
airplanes); were accomplished before the effective date of this AD:
Do the actions required by paragraph (g) of this AD at the
applicable compliance time specified in paragraphs (h)(1) and (h)(2)
of this AD. Repeat the inspection thereafter at the applicable
intervals specified in paragraph (g)(1) or (g)(2) of this AD.
    (1) For flight deck windshields manufactured by GKN with screw/
lug electrical connections: At the later of the times specified in
paragraphs (h)(1)(i) and (h)(1)(ii) of this AD.
    (i) Within 12,000 flight hours or 48 months, whichever occurs
later, after accomplishing the inspection.
    (ii) Within 500 flight hours after the effective date of this
AD.
    (2) For flight deck windshields manufactured by PPG with screw/
lug electrical connections: At the later of the times specified in
paragraphs (h)(2)(i) and (h)(2)(ii) of this AD.
    (i) Within 6,000 flight hours or 24 months, whichever occurs
later, after accomplishing the inspection.
    (ii) Within 500 flight hours after the effective date of this
AD.

(i) Inspection for Replaced Windshield or Re-Assembled Heat Power
Connection

    (1) For airplanes on which any windshield is replaced after the
effective date of this AD

with a windshield that uses screws and lugs for electrical heat
connection, in accordance with the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 757-30-0019, Revision 3,
dated December 16, 2011 (for Model 757-200, -200PF, and -200CB
series airplanes); or Boeing Special Attention Service Bulletin 757-
30-0020, Revision 3, dated December 16, 2011 (for Model 757-300
series airplanes): Do the actions required by paragraph (g) of this
AD within 500 flight hours after the windshield replacement; and
thereafter at the applicable interval specified in paragraph (g)(1)
or (g)(2) of this AD.
    (2) For airplanes on which any windshield heat power connection
is re-assembled after the effective date of this AD on windshields
that use screws and lugs for windshield heat connections, in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 757-30-0019, Revision 3, dated December
16, 2011 (for Model 757-200, -200PF, and -200CB series airplanes);
or Boeing Special Attention Service Bulletin 757-30-0020, Revision
3, dated December 16, 2011 (for Model 757-300 series airplanes): Do
the actions required by paragraph (g) of this AD within 500 flight
hours after the connection re-assembly; and thereafter at the
applicable interval specified in paragraph (g)(1) or (g)(2) of this
AD.

(j) Exception to Compliance Time for Certain Windshield Replacement

    If, during the inspection required by paragraph (g) or (i) of
this AD, the screw is found cross threaded: Do the applicable
actions specified in paragraph (j)(1) or (j)(2) of this AD.
    (1) If the terminal lug is loose and cannot be tightened: Before
further flight, replace that windshield, in accordance with the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 757-30-0019, Revision 3, dated December 16, 2011 (for Model
757-200, -200PF, and -200CB series airplanes); or Boeing Special
Attention Service Bulletin 757-30-0020, Revision 3, dated December
16, 2011 (for Model 757-300 series airplanes).
    (2) If the terminal lug is tight or can be tightened: Replace
that windshield within 500 flight hours after the inspection, in
accordance with the Accomplishment Instructions Boeing Special
Attention Service Bulletin 757-30-0019, Revision 3, dated December
16, 2011 (for Model 757-200, -200PF, and -200CB series airplanes);
or Boeing Special Attention Service Bulletin 757-30-0020, Revision
3, dated December 16, 2011 (for Model 757-300 series airplanes).

(k) Optional Terminating Action

    Replacing a flight deck windshield that uses screws and lugs for
the electrical connections with a flight deck windshield that uses
pins and sockets for the electrical connections, in accordance with
the Accomplishment Instructions of Boeing Special Attention Service
Bulletin 757-30-0019, Revision 3, dated December 16, 2011 (for Model
757-200, -200PF, and -200CB series airplanes); or Boeing Special
Attention Service Bulletin 757-30-0020, Revision 3, dated December
16, 2011 (for Model 757-300 series airplanes); ends the repetitive
inspection requirements of paragraph (g) of this AD for that
windshield.

(l) Related AD Termination

    Accomplishing the actions required by this AD terminates the
requirements of paragraphs (g), (j), and (k) of AD 2010-15-01,
Amendment 39-16367 (75 FR 39804, July 13, 2010), for that airplane
only.

(m) Credit for Previous Actions

    This paragraph provides credit for the actions required by this
AD, if those actions were performed before the effective date of
this AD using Boeing Special Attention Service Bulletin 757-30-0019,
Revision 2, dated April 19, 2010 (for Model 757-200, -200PF, and -
200CB series airplanes); or Boeing Special Attention Service
Bulletin 757-30-0020, Revision 2, dated March 31, 2010 (for Model
757-300 series airplanes); which are not incorporated by reference
in this AD.

(n) 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 the Related Information
section 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) AMOCs approved previously in accordance with AD 2010-15-01,
Amendment 39-16367 (75 FR 39804, July 13, 2010), that are associated
with the J5 (lower) terminal only are approved as AMOCs for the
actions specified in paragraphs (g), (h), (i), (j), and (k) of this
AD for the J5 (lower) terminal only.
    (4) AMOCs approved previously in accordance with AD 2010-15-01,
Amendment 39-16367 (75 FR 39804, July 13, 2010), that install
windows with pin/socket electrical connectors (both upper and lower)
are approved as AMOCs for the actions specified in paragraphs (g),
(h), (i), (j), and (k) of this AD.

(o) Related Information

    (1) For more information about this AD, contact Elias
Natsiopoulos, Aerospace Engineer, Systems and Equipment Branch, ANM-
130S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind
Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax: 425-
917-6590; email<EMAIL_ADDRESS>    (2) For Boeing 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<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com. You may review copies of the
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>.

(p) 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 Special Attention Service Bulletin 757-30-0019,
Revision 3, dated December 16, 2011.
    (ii) Boeing Special Attention Service Bulletin 757-30-0020,
Revision 3, dated December 16, 2011.
    (3) For Boeing 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<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com.
    (4) You may review copies of the 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>.
    (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 November 30, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-29714 Filed 12-11-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: June 23, 2010 (Volume 75, Number 120)]
[Notices]
[Page 35786]
[DOCID:fr23jn10-70]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 1

June 10, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-832-000.
    Applicants: Equitrans, L.P.
    Description: Equitrans, L.P. submits tariff filing per 154.203:
Baseline Filing to be effective 6/9/2010
    Filed Date: 06/09/2010.
    Accession Number: 20100609-5095.
    Comment Date: 5 p.m. Eastern Time on Monday, June 21, 2010.

    Docket Numbers: RP10-833-000.
    Applicants: Alliance Pipeline L.P.
    Description: Alliance Pipeline L.P. submits tariff filing per
154.204: NAESB Compliance Filing to be effective 7/8/2010.
    Filed Date: 06/09/2010.
    Accession Number: 20100609-5098.
    Comment Date: 5 p.m. Eastern Time on Monday, June 21, 2010.

    Docket Numbers: RP10-834-000.
    Applicants: Transcontinental Gas Pipe Line Company,
    Description: Transcontinental Gas Pipe Line Company, LLC submits
Second Revised Sheet 1, Fourth Revised Sheet 82 and Fifth Revised Sheet
83 to FERC Gas Tariff, Fourth Revised Volume 1, to be effective 7/10/
2010.
    Filed Date: 06/09/2010.
    Accession Number: 20100610-0206.
    Comment Date: 5 p.m. Eastern Time on Monday, June 21, 2010.

    Docket Numbers: RP10-835-000.
    Applicants: CenterPoint Energy Gas Transmission Co.
    Description: Petition of CenterPoint Energy Gas Transmission
Company for a Limited Waiver of the Commission's Regulations and
Request for Expedited Consideration.
    Filed Date: 06/09/2010.
    Accession Number: 20100609-5137.
    Comment Date: 5 p.m. Eastern Time on Monday, June 21, 2010.

    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 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>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-15123 Filed 6-22-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 31, 2010 (Volume 75, Number 168)]
[Notices]
[Page 53295-53296]
[DOCID:fr31au10-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of FERC Attendance at the Entergy Regional State Committee
Meeting

August 24, 2010.
    The Federal Energy Regulatory Commission hereby gives notice that

members of its staff may attend the meeting noted below. Their
attendance is part of the Commission's ongoing outreach efforts.

Entergy Regional State Committee Meeting

    September 9, 2010 (9 a.m.-5 p.m.), Sheraton New Orleans, 500 Canal
Street, New Orleans, LA 70130,<PHONE_NUMBER>.
    The discussions may address matters at issue in the following
proceedings:

Docket No. OA07-32.....................  Entergy Services, Inc.
Docket No. OA08-59.....................  Entergy Services, Inc.
Docket No. EL00-66.....................  Louisiana Public Service
                                          Commission v. Entergy
                                          Services, Inc.
Docket No. EL01-88.....................  Louisiana Public Service
                                          Commission v. Entergy
                                          Services, Inc.
Docket No. EL05-15.....................  Arkansas Electric Cooperative
                                          Corp. v. Entergy Arkansas,
                                          Inc.
Docket No. EL07-52.....................  Louisiana Public Service
                                          Commission v. Entergy
                                          Services, Inc.
Docket No. EL08-51.....................  Louisiana Public Service
                                          Commission v. Entergy
                                          Services, Inc.
Docket No. EL08-60.....................  Ameren Services Co. v. Entergy
                                          Services, Inc.
Docket No. EL09-43.....................  Arkansas Public Service
                                          Commission v. Entergy
                                          Services, Inc.
Docket No. EL09-61.....................  Louisiana Public Service
                                          Commission v. Entergy
                                          Services, Inc.
Docket No. EL09-78.....................  South Mississippi Electric
                                          Power Association v. Entergy
                                          Services, Inc.
Docket No. EL10-55.....................  Louisiana Public Service
                                          Commission v. Entergy
                                          Services, Inc.
Docket No. EL10-65.....................  Louisiana Public Service
                                          Commission v. Entergy
                                          Services, Inc.
Docket No. ER05-1065...................  Entergy Services, Inc.
Docket No. ER07-682....................  Entergy Services, Inc.
Docket No. ER07-956....................  Entergy Services, Inc.
Docket No. ER08-767....................  Entergy Services, Inc.
Docket No. ER08-1056...................  Entergy Services, Inc.
Docket No. ER08-1057...................  Entergy Services, Inc.
Docket No. ER09-636....................  Entergy Services, Inc.
Docket No. ER09-833....................  Entergy Services, Inc.
Docket No. ER09-877....................  Entergy Services, Inc.
Docket No. ER09-882....................  Entergy Services, Inc.
Docket No. ER09-1214...................  Entergy Services, Inc.
Docket No. ER09-1224...................  Entergy Services, Inc.
Docket No. ER10-794....................  Entergy Services, Inc.
Docket No. ER10-879....................  Entergy Services, Inc.
Docket No. ER10-984....................  Entergy Services, Inc.
Docket No. ER10-1350...................  Entergy Services, Inc.
Docket No. ER10-2246...................  Entergy Services, Inc.
Docket No. ER10-2247...................  Entergy Services, Inc.
Docket No. ER10-2267...................  Entergy Services, Inc.
Docket No. ER10-2292...................  Entergy Services, Inc.
Docket No. ER10-2299...................  Entergy Services, Inc.

    These meetings are open to the public.
    For more information, contact Patrick Clarey, Office of Energy
Market Regulation, Federal Energy Regulatory Commission at (317) 249-
5937 or<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. 2010-21621 Filed 8-30-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 24, 2006 (Volume 71, Number 15)]
[Notices]
[Page 3910-3911]
[DOCID:fr24ja06-134]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53117; File No. SR-PCX-2005-87]

Self-Regulatory Organizations; Pacific Exchange, Inc.; Order
Approving Proposed Rule Change, and Amendment No. 1 Thereto, Relating
to the Tracking Order Process

January 13, 2006.

I. Introduction

    On July 26, 2005, the Pacific Exchange, Inc. (``PCX'' or
``Exchange''), through its wholly-owned subsidiary PCX Equities, Inc.
(``PCXE''), filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to replace the existing PCXE rules describing its
current tracking order process (``Tracking Order Process'') \3\ with
new provisions for the Tracking Order Process. The PCX filed Amendment
No. 1 to the proposed rule

change on November 22, 2005.\4\ The proposed rule change, as amended,
was published for comment in the Federal Register on December 13,
2005.\5\ The Commission received no comments on the proposed rule
change, as amended.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See PCXE Rule 7.37(c).
    \4\ Amendment No. 1, which replaced the original filing in its
entirety, made technical and clarifying changes to the proposed rule
change.
    \5\ See Exchange Act Release No. 52898 (Dec. 6, 2005), 70 FR
73811 (Dec. 13, 2005) (``Notice'').
---------------------------------------------------------------------------

II. Description

    The PCX proposes to amend its rules governing the Archipelago
Exchange (``ArcaEx''), the equities trading facility of PCXE.
Specifically, the Exchange proposes to restructure its Tracking Order
Process by modifying the current rule text governing the Tracking Order
Process \6\ to implement a process based on the submission of orders,
rather than instructions, to be executed in price/time priority.\7\
---------------------------------------------------------------------------

    \6\ See PCXE Rule 7.37(c).
    \7\ See proposed PCXE Rule 7.31(f).
---------------------------------------------------------------------------

    PCX represents that the purpose of the Tracking Order Process is to
provide a final opportunity for execution against any remaining
liquidity on the ArcaEx system before routing to an away market
center.\8\ Under the proposed rule change, as is currently the case, if
an order submitted to the ArcaEx has not been executed in its entirety
after progressing through ArcaEx's directed order, display order and
working order processes,\9\ the order (or the remaining portion of the
order) would enter the Tracking Order Process. An incoming order would
be matched to Tracking Orders held in the Tracking Order Process based
on the price and time the Tracking Order was received. Under the
proposal, a ``Tracking Order'' is an undisplayed, priced round lot
order that is eligible for execution in the Tracking Order Process
against an order equal to or less than the aggregate size of Tracking
Order interest available at that price.\10\ Tracking Orders would
execute only if the price of the Tracking Order is equal to or better
than the national best bid or offer (``NBBO'').\11\ Pursuant to the
proposed rule change, odd lot orders would continue to be matched to
odd lot tracking orders held in the Tracking Order Process in
accordance with a user's \12\ set parameters, such as maximum aggregate
size, maximum tradeable size, and the price (which is set at the
NBBO).\13\
---------------------------------------------------------------------------

    \8\ See Notice.
    \9\ See PCXE Rule 7.37 for a description of the ArcaEx execution
processes that precede the Tracking Order Process, including the
directed process, display process, and working order process. See
also proposed PCX Rule 7.37(c).
    \10\ See Proposed PCXE Rule 7.31(f).
    \11\ See PCXE Rule 7.37.
    \12\ ``User'' is defined in PCXE Rule 1.1(yy).
    \13\ See current and proposed PCXE Rule 7.31(g) for a definition
of the odd lot tracking order and proposed PCXE Rule 7.37(c) for a
description of the odd lot tracking order process.
---------------------------------------------------------------------------

III. Discussion

    After careful review, the Commission finds that the proposed rule
change, as amended, is consistent with the requirements of the Act and
the rules and regulations thereunder applicable to a national
securities exchange.\14\ In particular, the Commission finds that the
proposal, as amended, is consistent with Section 6(b)(5) of the
Act,\15\ which requires, among other things, that a national securities
exchange's rules be designed to prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
to foster cooperation and coordination with persons engaged in
facilitating transactions in securities, and 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.
---------------------------------------------------------------------------

    \14\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. 15 U.S.C. 78c(f).
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission believes that under the proposal, incoming orders
executed in the Tracking Order Process should be executed in a manner
equivalent to that under PCX's existing rules, but that the proposed
rule change should simplify the process for entering Tracking Orders.
Thus, the Commission believes that the proposed changes to the Tracking
Order Process do not raise any new issues or regulatory concerns. The
Commission notes that an order may not be executed pursuant to the new
Tracking Order Process at a price that is inferior to the NBBO.\16\
Furthermore, the Commission notes that any order that is not executed
in its entirety pursuant to one of ArcaEx's other order execution
processes is eligible for matching and execution pursuant to the
Tracking Order Process, and that any User of the ArcaEx system may
submit a Tracking Order.\17\
---------------------------------------------------------------------------

    \16\ See PCXE Rule 7.37.
    \17\ As is currently the case, only an ``Odd Lot Dealer,'' as
defined in PCXE Rule 1.1(gg), may submit an odd lot tracking order.
See current and proposed PCXE Rule 7.31(g).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\18\ that the proposed rule change (SR-PCX-2005-87), as amended by
Amendment No.1, be, and hereby is, approved.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E6-772 Filed 1-23-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 22027-22028]
[FR Doc No: 2023-07666]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP23-123-000]

WBI Energy Transmission, Inc.; Notice of Request Under Blanket
Authorization and Establishing Intervention and Protest Deadline

    Take notice that on March 28, 2023, WBI Energy Transmission, Inc.
(WBI Energy), 1250 West Century Avenue, Bismarck, North Dakota 58503,
filed a prior notice request in accordance with 18 CFR 157.205 and
157.216 of the Federal Energy Regulatory Commission's (Commission)
regulations under the Natural Gas Act and WBI Energy's blanket
certificate issued in Docket No. CP82-487-000. WBI Energy requests
authorization to abandon: (1) six natural gas storage wells, (2)
approximately 1.26 miles of associated pipeline, and (3) one
aboveground measurement facility, all located at WBI Energy's Baker
Storage Field in Fallon County, Montana. WBI Energy states the wells
are not necessary to satisfy its firm storage requirements and their
abandonment will not change the overall firm withdrawal capabilities of
the Baker Storage Field.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (www.ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TTY,<PHONE_NUMBER>.
    Any questions concerning this application should be directed to
Lori Myerchin, Director, Regulatory Affairs and Transportation
Services, WBI Energy Transmission, Inc., 1250 West Century Avenue,
Bismarck, North Dakota 58503, by phone at<PHONE_NUMBER> or by email to
[email protected].
    Pursuant to section 157.9 of the Commission's Rules of Practice and
Procedure,\1\ within 90 days of this Notice the Commission staff will
either: complete its environmental review and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or environmental
assessment (EA) for this proposal. The filing of an EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
Federal and State agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
---------------------------------------------------------------------------

    \1\ 18 CFR (Code of Federal Regulations) 157.9.
---------------------------------------------------------------------------

Public Participation

    There are three ways to become involved in the Commission's review
of this project: you can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on June 5, 2023. How
to file protests, motions to intervene, and comments is explained
below.

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\2\ any person \3\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for authorization
will be considered by the Commission.
---------------------------------------------------------------------------

    \2\ 18 CFR 157.205.
    \3\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
---------------------------------------------------------------------------

    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\4\ and must be submitted by
the protest deadline, which is June 5, 2023. A protest may also serve
as a motion to intervene so long as the protestor states it also seeks
to be an intervenor.
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    \4\ 18 CFR 157.205(e).
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Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \5\ and the regulations under the NGA \6\ by the
intervention deadline for the project, which is June 5, 2023. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order

to intervene. For more information about motions to intervene, refer to
the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
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    \5\ 18 CFR 385.214.
    \6\ 18 CFR 157.10.
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    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before June 5, 2023. The filing of a comment alone will not serve
to make the filer a party to the proceeding. To become a party, you
must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP23-123-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing''; or \7\
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    \7\ Additionally, you may file your comments electronically by
using the eComment feature, which is located on the Commission's
website at www.ferc.gov under the link to Documents and Filings.
Using eComment is an easy method for interested persons to submit
brief, text-only comments on a project.
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    (2) You can file a paper copy of your submission by mailing it to
the address below. Your submission must reference the Project docket
number CP23-123-000.

To mail via USPS, use the following address: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426
To mail via any other courier, use the following address: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852

    The Commission encourages electronic filing of submissions (option
1 above) and has eFiling staff available to assist you at (202) 502-
8258 or [email protected]
    Protests and motions to intervene must be served on the applicant
either by mail or email (with a link to the document) at: Lori
Myerchin, Director, Regulatory Affairs and Transportation Services, WBI
Energy Transmission, Inc., 1250 West Century Avenue, Bismarck, North
Dakota 58503, or by email to [email protected]. Any
subsequent submissions by an intervenor must be served on the applicant
and all other parties to the proceeding. Contact information for
parties can be downloaded from the service list at the eService link on
FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all formal documents issued by the Commission,
such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.

    Dated: April 6, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-07666 Filed 4-11-23; 8:45 am]
BILLING CODE 6717-01-P