[Federal Register: September 3, 2009 (Volume 74, Number 170)]
[Notices]
[Page 45666-45668]
[DOCID:fr03se09-81]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60578; File No. SR-Phlx-2009-72]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NASDAQ OMX PHLX, Inc. Relating
to the Option Floor Broker Subsidy and Other Clarifying Changes to the
Fee Schedule

August 27, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934,\1\ notice is hereby given that on August 25, 2009, NASDAQ OMX
PHLX, Inc. (``Phlx'' or the ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the Phlx. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested parties.
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    \1\ 15 U.S.C. 78s(b)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the calculation for the Options
Floor Broker Subsidy with respect to waiver of transaction fees for
firm facilitation transactions.
    Additionally, the Exchange proposes to make other clarifying
changes to the fee schedule.
    While changes to the Exchange's fee schedule pursuant to this
proposal are effective upon filing, the Exchange has designated this
proposal to be effective for trades settling on or after September 1,
2009.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxphlx.cchwallstreet.com/NASDAQOMXPHLX/
Filings/, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, Phlx 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 these statements may be examined at the places specified in
Item IV below. The Phlx has prepared summaries, set forth in sections
A, B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to attract additional
order flow to the Exchange. The Exchange proposes to modify the Options
Floor Broker Subsidy calculation. The Exchange currently pays an
Options Floor Broker Subsidy to member organizations with Exchange
registered floor brokers for eligible contracts that are entered into
the Exchange's Options Floor Broker Management System (``FBMS'').\2\ To
qualify for the per contract subsidy, a member organization with
Exchange registered floor brokers must have: (1) More than an average
of 100,000 executed contracts per day in the applicable month; and (2)
at least 40,000 executed contracts or more per day for at least eight
trading days during that same month.\3\ Only the floor broker volume
from orders entered into FBMS and subsequently executed on the Exchange
would be counted. The 100,000 contract and 40,000 contract thresholds,
as described above, would be calculated per member organization floor
brokerage unit. In the event that two or more member organizations with
Exchange registered floor brokers each entered one side of a
transaction into FBMS, then the executed contracts would be divided
among each

qualifying member organization that participates in that transaction.
In order to be eligible for the Options Floor Broker Subsidy, the
member organization must have an average daily volume in a particular
calendar month as follows:
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    \2\ FBMS is designed to enable floor brokers and/or their
employees to enter, route, and report transactions stemming from
options orders received on the Exchange. FBMS also is designed to
establish an electronic audit trail for options orders represented
and executed by floor brokers on the Exchange. See Exchange Rule
1080, commentary .06.
    \3\ For purposes of calculating the 100,000 and 40,000
thresholds, customer-to-customer transactions, customer-to-non-
customer transactions, and non-customer-to-non-customer transactions
would be included.

            Per Contract Average Daily Volume Subsidy Payment
------------------------------------------------------------------------
             Tier I                     Tier II            Tier III
------------------------------------------------------------------------
100,001 to 200,000..............  200,001 to 300,000  300,001 and
                                                       greater.
$0.04 per contract..............  $0.05 per contract  $0.06 per
                                                       contract.
------------------------------------------------------------------------

    Currently, the following types of transactions apply to calculating
the Options Floor Broker Subsidy:
     Customer-to-customer executions will count towards
reaching the 100,000 contract and 40,000 contract thresholds, but a per
contract subsidy will not be paid on any customer-to-customer
executions.
     Orders entered through FBMS but executed away through
Linkage, as well as dividend, merger and short stock interest
strategies will not count towards the 100,000 contract or the 40,000
contract thresholds nor will a per contract subsidy be paid on these
transactions.
     Only the largest component of a Complex Order (i.e., the
component that includes the greatest number of contracts) will count
towards the 100,000 contract and the 40,000 contract thresholds. The
Options Floor Broker Subsidy does not apply to any contracts that are
executed as part of a Complex Order.
    For the purposes of calculating the Options Floor Broker Subsidy,
the Exchange proposes to treat firm facilitation transactions, executed
pursuant to Exchange Rule 1064,\4\ in the same manner as fees are
assessed for customer-to-customer executions. The Exchange believes
that this amendment to the Options Floor Broker subsidy calculation is
consistent with the recent waiver of the Firm Proprietary Options
Transaction Charge on firm facilitation transactions.\5\ The volume for
firm facilitation transactions would count toward reaching the 100,000
and 40,000 contract thresholds, but a per contract subsidy will not be
paid on any firm facilitation transaction. A facilitation occurs when a
floor broker holds an options order for a public customer and a contra-
side order for the same option series and, after providing an
opportunity for all persons in the trading crowd to participate in the
transaction, executes both orders as a facilitation cross.\6\
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    \4\ A Floor Broker holding an options order for a public
customer and a contraside order may cross such orders in accordance
with paragraph (a) above or may execute such orders as a
facilitation cross in the following manner: (i) The Floor Broker or
his employees must enter the appropriate notation onto the Options
Floor Broker Management System for the public customer's order,
together with all of the terms of the order, including any
contingency involving other options or the underlying or related
securities. (ii) The Floor Broker shall request markets for the
execution of all options components of the order. After providing an
opportunity for such markets to be made, the Floor Broker shall
announce that he holds an order subject to facilitation and shall
bid (or offer) in between the market for each options component and
disclose all terms and conditions of the order including all
securities which are components of the order. (iii) After all market
participants in the crowd are given a reasonable opportunity to
accept all terms and conditions made on behalf of the public
customer whose order is subject to facilitation, the Floor Broker
may immediately thereafter cross all or any remaining part of such
order and the facilitation order at each customer's bid or offer by
announcing by public outcry that he is crossing and by stating the
quantity and price(s). Once a Floor Broker has announced an order as
subject to facilitation and has established a bid (or offer) in
between the market for the option(s) to be facilitated, the order
cannot be broken up by a subsequent superior bid or offer for just
one component to the facilitated order. See Exchange Rule 1064(b).
    \5\ See Securities Exchange Act Release No. 60477 (August 11,
2009), 74 FR 41777 (August 18, 2009) (SR-Phlx-2009-67).
    \6\ See Exchange Rule 1064.
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    The Exchange also proposes other clarifying technical amendments to
the fee schedule. The Exchange recently updated the fee schedule \7\
and amended certain footnotes in the fee schedule and replaced them
with endnotes. It was previously noted in the fee schedule that payment
for order flow fees would be assessed on transactions resulting from
customer orders and are available to be disbursed by the Exchange
according to the instructions of the specialist units/specialists or
Directed ROTs to order flow providers who are members or member
organizations, who submit, as agent, customer orders to the Exchange or
non-members or non-member organizations who submit, as agent, customer
orders to the Exchange through a member or member organization who is
acting as agent for those customer orders. This language was
inadvertently removed from the previous fee schedule when the fee
schedule was reformatted,\8\ however, payment for order flow fees have
and continue to be assessed on transactions resulting from customer
orders.\9\ The Exchange proposes adding the following language back
into the fee schedule to further clarify the payment for order flow
fees: ``Payment for order flow fees will be assessed on transactions
resulting from customer orders.'' Also, for purposes of consistency,
the Exchange proposes amending all references to Phlx in the fee
schedule to be ``PHLX'' and adding appropriate trademark references.
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    \7\ See Securities Exchange Act Release No. 59402 (February 13,
2009), 74 FR 8134 (February 23, 2009) (SR-Phlx-2009-08) (amending
and reformatting the existing NASDAQ OMX PHLX Fee Schedule).
    \8\ See Securities Exchange Act Release No. 59402 (February 13,
2009), 74 FR 8134 (February 23, 2009) (SR-Phlx-2009-08).
    \9\ The program took effect on July 1, 2005. See e.g.,
Securities Exchange Act Release Nos.; 57851 (May 22, 2008), 73 FR
31177 (May 30, 2008) (SR-Phlx-2008-38); 55891 (June 11, 2007), 72 FR
333271 (June 15, 2007) (SR-Phlx-2007-39); 53754 (May 3, 2006), 71 FR
27301 (May 10, 2006) (SR-Phlx-2006-25); 53078 (January 9, 2006), 71
FR 2289 (January 13, 2006) (SR-Phlx-2005-88); 52568 (October 6,
2005), 70 FR 60120 (October 14, 2005) (SR-Phlx-2005-58); and 52114
(July 22, 2005), 70 FR 44138 (August 1, 2005) (SR-Phlx-2005-44).
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2. Statutory Basis
    The Exchange believes that its proposal to amend its schedule of
fees is consistent with Section 6(b) of the Act \10\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \11\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members. Pursuant to this proposal,
all member organizations registered as floor brokers are offered the
continued opportunity to receive a subsidy. By allowing for a subsidy,
the Exchange believes that floor brokers will be encouraged to send
additional orders to the Exchange for execution. The Exchange also
proposes a few technical changes to clarify the language in the fee
schedule.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
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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 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 either solicited or received.

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

    Because the foregoing rule change establishes or changes a due,
fee, or other charge imposed by the Exchange, it has become effective
pursuant to Section 19(b)(3)(A) of the Act \12\ and subparagraph (f)(2)
of Rule 19b-4 \13\

thereunder. 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.
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    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
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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-Phlx-2009-72 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-Phlx-2009-72. 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, 100 F Street, NE., Washington, DC
20549, on official business days between the hours of 10 a.m. and 3
p.m. Copies of the filing also will be available for inspection and
copying at the principal office of Phlx. 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-Phlx-2009-72 and should be submitted on
or before September 24, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-21222 Filed 9-2-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 39 (Wednesday, February 27, 2013)]
[Notices]
[Page 13336]
[FR Doc No: 2013-04494]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP13-577-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Natural Gas Pipeline Company of America LLC submits
tariff filing per 154.204: JP Morgan Neg Rate to be effective 4/1/2013.
    Filed Date: 2/21/13.
    Accession Number: 20130221-5053.
    Comments Due: 5 p.m. ET 3/5/13.

    Docket Numbers: RP13-578-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Natural Gas Pipeline Company of America LLC submits
tariff filing per 154.204: Wisconsin Electric Neg Rates to be effective
4/1/2013.
    Filed Date: 2/21/13.
    Accession Number: 20130221-5054.
    Comments Due: 5 p.m. ET 3/5/13.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

     Dated: February 21, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-04494 Filed 2-26-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 22, 2008 (Volume 73, Number 14)]
[Proposed Rules]
[Page 3656-3659]
[DOCID:fr22ja08-13]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0048; Directorate Identifier 2007-NM-276-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A310 and A300-600 Series
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:

    Based on some recent in-service findings for fluid ingress and/
or inner skin disbond damage on rudders, AIRBUS decided to introduce
some further structural inspections to specific rudder areas. This
type of damage could result in reduced structural integrity of the
rudder.
* * * * *
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by February 21,
2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the instructions for submitting comments.

     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Operations office

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1622; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0048;
Directorate Identifier 2007-NM-276-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,

economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov
, including any personal information you provide. We

will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On March 24, 2006, we issued AD 2006-07-13, Amendment 39-14540 (71
FR 16030, March 30, 2006), to require one-time inspections of the
rudder for discrepancies, and corrective action if necessary. That AD
required actions intended to address an unsafe condition on the
products listed above.
    Since we issued AD 2006-07-13, the European Aviation Safety Agency
(EASA), which is the Technical Agent for the Member States of the
European Community, has issued EASA Airworthiness Directive 2007-0266,
dated October 8, 2007 (referred to after this as ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI
states:

    Based on some recent in-service findings for fluid ingress and/
or inner skin disbond damage on rudders, AIRBUS decided to introduce
some further structural inspections to specific rudder areas. This
type of damage could result in reduced structural integrity of the
rudder.
    For the reasons stated above, this AD requires the
accomplishment of a thorough inspection program [a one-time
inspection and repetitive inspections for damage of the rudder] by
ultrasonic and/or t[h]ermographic methods, compared to the
inspections already required by Airworthiness Directive (AD) 2006-
0066, issued on 24 March 2006 [which corresponds to FAA AD 2006-07-
13] as a precautionary measure, in order to verify the structural
integrity of the rudder.
* * * * *
The corrective actions include reporting both positive and negative
findings to Airbus, doing a temporary repair, and contacting Airbus for
repair instructions and doing a permanent repair. The compliance times
for doing the repairs range from before further flight to within 4,500
flight cycles after doing the inspection, depending on the inspection
type and the configuration of the airplane. The repetitive inspection
intervals range from 1,200 flight cycles to 5,000 flight cycles,
depending on the inspection type and the configuration of the airplane.
You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Airbus has issued the following service bulletins:
     A300-55-6043, Revision 01, dated December 3, 2007
     A300-55-6044, Revision 01, dated December 20, 2007
     A310-55-2044, Revision 01, dated December 3, 2007
     A310-55-2045, Revision 01, dated December 20, 2007
    The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 123 products of U.S. registry. We also estimate that
it would take about 22 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $216,480, or $1,760 per product.

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

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-14540 (71 FR

16030, March 30, 2006) and adding the following new AD:

Airbus: Docket No. FAA-2008-0048; Directorate Identifier 2007-NM-
276-AD.

Comments Due Date

    (a) We must receive comments by February 21, 2008.

Affected ADs

    (b) The proposed AD supersedes AD 2006-07-13, Amendment 39-
14540.

Applicability

    (c) This AD applies to AIRBUS Model A310 and A300-600 series
airplanes, certificated in any category, all certified models, all
serial numbers, on which rudder Part Number (P/N) A55471500 series
is fitted, except for those airplanes on which AIRBUS modification
number 08827 has been incorporated in production.

Subject

    (d) Air Transport Association (ATA) of America Code 55:
Stabilizers.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    Based on some recent in-service findings for fluid ingress and/
or inner skin disbond damage on rudders, AIRBUS decided to introduce
some further structural inspections to specific rudder areas. This
type of damage could result in reduced structural integrity of the
rudder.
    For the reasons stated above, this AD requires the
accomplishment of a thorough inspection program [a one-time
inspection and repetitive inspections for damage of the rudder] by
ultrasonic and/or t[h]ermographic methods, compared to the
inspections already required by Airworthiness Directive (AD) 2006-
0066, issued on 24 March 2006 [which corresponds to FAA AD 2006-07-
13] as a precautionary measure, in order to verify the structural
integrity of the rudder.
* * * * *
The corrective actions include reporting both positive and negative
findings to Airbus, doing a temporary repair, and contacting Airbus
for repair and doing a permanent repair.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 500 flight cycles or 6 months after the effective
date of this AD, whichever occurs first, perform a special detailed
one-time inspection in the areas of rudder hoisting points and
trailing edge screws, in accordance with the instructions given in
Airbus Service Bulletin A310-55-2045 or A300-55-6044, both Revision
01, both dated December 20, 2007, as applicable.
    (i) If no damage is found, within 30 days after the inspection
or 30 days after the effective date of this AD, whichever occurs
later, report to Airbus using Appendix 1 or 2, as applicable to the
airplane configuration, of Airbus Service Bulletin A310-55-2045 or
A300-55-6044, both Revision 01, as applicable.
    (ii) If any damage is found, within the timescale(s) indicated
in Airbus Service Bulletin A310-55-2045 or A300-55-6044, both
Revision 01, as applicable, report to Airbus using Appendix 1 or 2,
as applicable to the airplane configuration, of Airbus Service
Bulletin A310-55-2045 or A300-55-6044, both Revision 01, as
applicable, to get further instructions for repair. Accomplish the
repair within the timescale(s) indicated in, and in accordance with
the instructions given in paragraph 3.B.(1)(a) or 3.B.(2)(a), as
applicable to the airplane configuration, of Airbus Service Bulletin
A310-55-2045 or A300-55-6044, both Revision 01, as applicable.
    (2) Within 500 flight cycles or 6 months after the effective
date of this AD, whichever occurs first, perform a special detailed
inspection along the rudder Z-profile, in accordance with the
instructions given in Airbus Service Bulletin A310-55-2044 or A300-
55-6043, both Revision 01, both dated December 3, 2007, as
applicable. For airplanes identified as configuration 01 in the
service bulletins, repeat the inspection thereafter at intervals not
to exceed 1,400 flight cycles. For airplanes identified as
Configuration 02 in the service bulletins, repeat the inspection
thereafter at intervals not to exceed 5,000 flight cycles. For
temporary repair along the rudder Z-profile for both airplanes
identified as configuration 01 and 02, refer to paragraph 3.C.(1) of
Airbus Service Bulletin A310-55-2044 or A300-55-6043, both Revision
01, as applicable.
    (i) If no damage is found, within 30 days after the inspection
or 30 days after the effective date of this AD, whichever occurs
later, report to AIRBUS using Appendix 1 or 2, as applicable to the
airplane configuration, of Airbus Service Bulletin A310-55-2044 or
A300-55-6043, both Revision 01, as applicable.
    (ii) If any damage is found, verify the findings and apply all
applicable corrective actions within the timescale(s) indicated in,
and in accordance with instructions given in paragraph 3.B.(1)(a) or
3.B.(2)(a), as applicable to the airplane configuration, of Airbus
Service Bulletin A310-55-2044 or A300-55-6043, both Revision 01, as
applicable. Within 30 days after the inspection or corrective action
or 30 days after the effective date of this AD, whichever occurs
later, submit a report to Airbus using Appendix 1 or 2, as
applicable to the airplane configuration, of Airbus Service Bulletin
A310-55-2044 or A300-55-6043, both Revision 01, as applicable.

    Note 1: For rudder configuration identification, refer to
Appendices 3 and 4 of Airbus Service Bulletin A310-55-2044, A310-55-
2045, A300-55-6043, and A300-55-6044, as applicable to the airplane
model and configuration.

    (3) As of 30 days after the effective date of this AD: No person
shall install a P/N A55471500 series rudder on any airplane as a
replacement, unless it has been inspected and repaired, as
applicable, in accordance with the instructions of Airbus Service
Bulletins A310-55-2045, Revision 01, dated December 20, 2007, and
A310-55-2044, Revision 01, dated December 3, 2007; or Airbus Service
Bulletins A300-55-6044, Revision 01, dated December 20, 2007, and
A300-55-6043, Revision 01, dated December 3, 2007; as applicable.
    (4) Actions accomplished before the effective date of this AD in
accordance with Airbus Service Bulletin A300-55-6044 or A310-55-
2045, both dated July 23, 2007, are considered acceptable for
compliance with the corresponding actions specified in paragraph
(f)(1) of this AD.
    (5) Actions accomplished before the effective date of this AD in
accordance with Airbus Service Bulletin A300-55-6043 or A310-55-
2044, both dated July 23, 2007, are considered acceptable for
compliance with the corresponding actions specified in paragraph
(f)(2) of this AD.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN: Tom
Stafford, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2007-0266, dated
October 8, 2007, and the service bulletins listed in Table 1 of this
AD, for related information.

                  Table 1.--Airbus Service Information
------------------------------------------------------------------------
    Airbus Service Bulletin       Revision               Date
------------------------------------------------------------------------
A300-55-6043..................           01  December 3, 2007.
A300-55-6044..................           01  December 20, 2007.
A310-55-2044..................           01  December 3, 2007.
A310-55-2045..................           01  December 20, 2007.
------------------------------------------------------------------------

    Issued in Renton, Washington, on January 15, 2008.
Stephen P. Boyd,
Assistant Manager, Transport Airplane Directorate, Aircraft
Certification Service.
 [FR Doc. E8-977 Filed 1-18-08; 8:45 am]

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[Federal Register Volume 76, Number 18 (Thursday, January 27, 2011)]
[Notices]
[Page 4892]
[FR Doc No: 2011-1713]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[AD11-8-000]

Notice Inviting Comments on Report

January 20, 2011.

Frequency Response Metrics to Assess        Docket No. AD11-8-000
 Requirements for Reliable Integration of
 Variable Renewable Generation.

    The Commission is posting, and inviting comment upon, a report
prepared by the Lawrence Berkeley National Laboratory, ``Use of
Frequency Response Metrics to Assess the Planning and Operating
Requirements for Reliable Integration of Variable Renewable
Generation'' and its five supporting papers (collectively, ``the
Report'').
    Frequency response measures how the bulk power system performs in
responding to a sudden loss of generation that could cause reliability
problems such as blackouts. The purpose of the Report is to develop an
objective methodology to evaluate the reliability impacts of varying
resource mixes including increased amounts of renewable resources. The
Report accomplishes this objective by developing and testing tools that
can be used to assess and plan for the operational requirements of the
bulk power system. The Report may assist the Commission in the
development of policies relating to the issues raised in the Report.
    The Report will be posted on the Commission's Web site at http://www.ferc.gov.
    Comments on the Report should be filed within 45 days of the
issuance of this Notice. The Commission encourages electronic
submission of comments 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 comment to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    All filings in this docket are accessible on-line at http://www.ferc.gov, using the ``eLibrary'' link and will be 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. For assistance with any FERC Online service,
please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll
free). For TTY, call<PHONE_NUMBER>.
    Questions regarding this Notice should be directed to: Robert V.
Snow, Office of Electric Reliability, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426.<PHONE_NUMBER>.
<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-1713 Filed 1-26-11; 8:45 am]
BILLING CODE 6717-01-P