[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Rules and Regulations]
[Pages 47650-47651]
[FR Doc No: 2020-16319]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0425]

RIN 1625-AA00

Safety Zone; Les Cheneaux Islands, Cedarville, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zones for
navigable waters within 50 yards of certain swim routes of a marine
event in the Les Cheneaux Islands in Cedarville, MI. The safety zones
are needed to protect event participants from risks associated with the
boating public near highly trafficked areas of the waterway. Entry of
vessels or persons into these zones is prohibited unless specifically
authorized by the Captain of the Port Sault Sainte Marie or a
designated representative.

DATES: This rule is effective from 7 a.m. through 3 p.m. on August 23,
2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0425 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email BOSN4 R. Gruschow, Waterways Management, Sector Sault
Sainte Marie U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the final details of the specific
marine event and safety zone distance were not finalized within a
sufficient time to allow for notice and a subsequent comment period
before the commencement of the planned marine event. Delaying this rule
to allow for a notice and comment period would be impracticable and
contrary to the public interest because it would inhibit the Coast
Guard's ability to protect the swimmers participating in this swim
event. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because prompt action is
needed to protect the swimmers participating in this event on August
23, 2020.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sault Sainte
Marie (COTP) has determined that potential hazards associated with
swimmers swimming between the Les Cheneaux Islands in a swim event will
be a safety concern for anyone within 50 yards of certain swim routes
through highly trafficked areas around the Les Cheneaux Islands. This
rule is needed to protect event participants and support vessels during
the event.

IV. Discussion of the Rule

    This rule establishes safety zones from 7 a.m. through 3 p.m. on
August 23, 2020. The duration of the zone is intended to protect event
participants, support vessels, and the general boating public in these
navigable waters during the marine event. No vessel or person will be
permitted to enter the safety zones without obtaining permission from
the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
duration, and location of the safety zones. Vessel traffic may request
permission to transit the zone from the designated representative of
the Captain of the Port, who may allow the vessel cross the Safety Zone
when there is no risk to the event participants. The field of swimmers
will not spread across the entirety of the waterway; thus, there will
be opportunity for a designated representative of the Captain of the
Port to allow vessels to transit the zones. Moreover, the Coast Guard
will issue a Broadcast Notice to Mariners (BNM) via VHF-FM marine
channel 16 about the zone, and the rule allows vessels to seek
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a

significant economic impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves safety zones that will prohibit entry
within 50 yards of certain swim courses between the Les Cheneaux
Islands. It is categorically excluded from further review under
paragraph L [60(a)] in Table 3-1 of U.S. Coast Guard Environmental
Planning Implementing Procedures. A Record of Environmental
Consideration supporting this determination is available in the docket
where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0425 to read as follows:

Sec.  165.T09-0425  Safety Zones; Les Cheneaux Islands, Cedarville, MI.

    (a) Location. The following area is a safety zone: All navigable
waters within 50 yards of a line drawn between the following
coordinates, based on NAD 83:
    (i) 45[deg]58.481' N, 084[deg]17.546 W to 45[deg]58.535 N,
084[deg]18.102 W
    (ii) 45[deg]58.158 N, 084[deg]18.319 W to 45[deg]58.157 N,
084[deg]18.595 W
    (iii) 45[deg]59.468 N, 084[deg]19.826 W to 45[deg]58.973 N,
084[deg]19.807 W
    (iv) 45[deg]58.445 N, 084[deg]21.792 W to 45[deg]58.301 N,
084[deg]22.003 W
    (v) 45[deg]58.535 N, 084[deg]22.480 W to 45[deg]58.732 N,
084[deg]22.591 W to 45[deg]59.001 N, 084[deg]22.914 W to 45[deg]59.044
N, 084[deg]22.792 W
    (b) Regulations. (1) Under the general safety zone regulations in
Sec.  165.23, no vessel or person may enter the safety zone described
in paragraph (a) of this section unless authorized by the Captian of
the Port Sault Sainte Marie (COTP) or the COTP's designated
representative.
    (2) To seek permission to enter, hail the COTP's representative on
an appropriate VHF channel. Those in the safety zone must comply with
all lawful orders or directions given to them by the COTP or the COTP's
designated representative.
    (3) As used in this section, ``designated representative'' means a
Coast Guard Patrol Commander, including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel and a Federal,
State, and local officer designated by or assisting the Captain of the
Port Sault Sainte Marie (COTP) in the enforcement of the safety zones.
    (c) Enforcement period. The regulated area described in paragraph
(a) of this section will be enforced from 7 a.m. through 3 p.m. on
August 23, 2020.

    Dated: July 20, 2020.
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2020-16319 Filed 8-5-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 13, 2006 (Volume 71, Number 198)]
[Notices]
[Page 60501]
[DOCID:fr13oc06-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-467-000]

Somerset Gas Gathering of Pennsylvania, L.L.C.; Notice of
Application

October 5, 2006.
    Take notice that on September 28, 2006, Somerset Gas Gathering of
Pennsylvania, L.L.C. (Somerset Gas), filed an application in Docket No.
CP06-467-000, pursuant to section 1(b) of the Natural Gas Act for a
Limited Jurisdiction Certificate to provide transportation service to
Columbia Gas Transmission Corporation (Columbia) through certain
natural gas facilities, known as the 1818/1862 System, located in
McKean, Cameron and Clinton Counties, Pennsylvania, that Columbia
proposes to abandon, by sale, to Somerset Gas in Docket No. CP06-466-
000, all as more fully set forth in the application which is on file
with the Commission and open for public inspection. This filing is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://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. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,

contact<PHONE_NUMBER>.
    Any questions regarding this application should be directed to
Gregory D. Russell, Vorys, Sater, Seymour and Pease, LLP, 52 East Gay
Street, P.O. Box 1008, Columbus, Ohio 43216-1008; telephone (614) 464-
5468, fax<PHONE_NUMBER>.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the below listed comment date, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Motions to intervene, protests and comments may be filed
electronically via the internet in lieu of paper; see, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: October 26, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-16969 Filed 10-12-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: July 22, 2008 (Volume 73, Number 141)]
[Notices]
[Page 42559]
[DOCID:fr22jy08-36]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER08-1211-000]

Green Energy Partners, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

July 11, 2008.
    This is a supplemental notice in the above-referenced proceeding of
Green Energy Partners, LLC's application for market-based rate
authority, with an accompanying rate schedule, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 31, 2008.
    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-referenced proceeding 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>.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-16699 Filed 7-21-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Notices]
[Pages 75232-75234]
[FR Doc No: 2012-30546]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68421; File No. SR-NASDAQ-2012-135]

 Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend NASDAQ's Fees for Order Execution

December 13, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given
that on November 30, 2012, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by NASDAQ.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The NASDAQ Stock Market LLC proposes changes to NASDAQ's fees for
order execution. While changes pursuant to this proposal are effective
upon filing, the Exchange will implement the proposed rule on December
3, 2012.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaq.cchwallstreet.com, 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, the Exchange included statements
concerning the purpose of and basis for the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    NASDAQ currently charges $0.0030 per share executed with respect to
all orders for securities priced at $1 or more per share that execute
in the NASDAQ Market Center. In this proposed rule change, NASDAQ is
proposing two specific discounts from this fee.\3\ First, if a member
enters Market-on-Close (``MOC'') and/or Limit-on-Close (``LOC'') orders
that execute in the NASDAQ Closing Cross, and such orders represent
more than 0.06% of the total consolidated volume reported to all
consolidated transaction reporting plans by all exchanges and trade
reporting facilities (``Consolidated Volume'') during the month, the
member would pay a fee of $0.0029 per share executed with respect to
its orders that execute in the NASDAQ Market Center during the
month.\4\ NASDAQ is introducing the discount because it believes that
members that participate in the NASDAQ Closing Cross to a significant
extent through the use of MOC and/or LOC orders are frequently acting
on behalf of institutional investor customers. At present, such members
may be giving NASDAQ lower relative priority in their order routing
decisions due to its relatively high fees for accessing liquidity, as
compared with lower-cost exchanges. As a result, liquidity providers on
NASDAQ may receive larger orders that have already attempted to access
liquidity elsewhere, such that the order is more likely to have an
impact on the price of the stock. By lowering fees for these members,
NASDAQ hopes to encourage them to give greater priority to NASDAQ in
their routing decisions, thereby lowering their cost and improving the
execution experience of liquidity providers. NASDAQ also hopes to
encourage greater use of its Closing Cross through this pricing
incentive. NASDAQ further notes that the New York Stock Exchange
(``NYSE'') currently offers general pricing incentives to members that
make use of its closing process to a specified extent.\5\
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    \3\ NASDAQ is also making conforming changes to relocate the
placement of the definitions of ``MPID'' and ``Consolidated Volume''
in Rule 7018.
    \4\ Unless a lower rate applies. For example, an order subject
to the discount for Designated Securities described below would pay
the lower rate.
    \5\ Securities Exchange Act Release No. 68150 (November 5,
2012), 77 FR 67431 (November 9, 2012) (SR-NYSE-2012-56); Securities
Exchange Act Release No. 68021 (October 9, 2012), 77 FR 63406
(October 16, 2012) (SR-NYSE-2012-50).
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    Second, NASDAQ is proposing a discounted execution fee of $0.0028
per share executed for the following securities (``Designated
Securities''):

BAC Bank of America Corporation
DIA SPDR Dow Jones Industrial Average ETF
EEM iShares MSCI Emerging Markets Index ETF
F Ford Motor Co.
GE General Electric Company
GEN GenOn Energy, Inc.
HPQ Hewlett-Packard Company
INTC Intel Corporation
IWM iShares Russell 2000 Index ETF
MSFT Microsoft Corporation
NOK Nokia Corporation
QQQ Powershares QQQ ETF
S Sprint Nextel Corp.
SPY SPDR S&P 500 ETF
TZA Direxion Daily Small Cap Bear 3X Shares ETF
VXX iPath S&P 500 VIX ST Futures ETN
XLF Financial Select Sector SPDR ETF
YHOO Yahoo! Inc.

    The discounted fee would apply to all orders in Designated
Securities entered through a market participant identifier (``MPID'')
through which a member accesses, provides, or routes shares of
liquidity that represent more than 0.25% of Consolidated Volume during
the month, including a daily average volume of at least 2 million
shares of liquidity provided. The Designated Securities were selected
based on analysis of the extent to which (i) NASDAQ generally has a
strong quote in the security, in terms of size and time at the national
best bid or offer (``NBBO''), but (ii) NASDAQ's share of executions in
the security has declined. By lowering the fee for accessing liquidity
in these securities, NASDAQ hopes to encourage members to give greater
priority to NASDAQ in their routing decisions, thereby lowering their
cost and improving the execution experience of liquidity providers in
Designated Securities. In order to qualify for the discount, members
must demonstrate a commitment to regular participation in the NASDAQ
Market Center by reaching relatively modest usage levels (shares
accessed, provided or routed representing 0.25% of Consolidated
Volume), including an average daily volume of 2 million or more shares
of liquidity provided. Through this requirement, NASDAQ will minimize
the likelihood of offering the discount to members that engage solely
in opportunistic trading without providing liquidity. NASDAQ believes
that this will, in turn, increase the likelihood that offering the
pricing incentive will increase NASDAQ's market quality in Designated
Securities. NASDAQ further notes that NYSE and NYSEArca currently offer
pricing

incentives that are limited to certain designated securities.\6\
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    \6\ Securities Exchange Act Release No. 68021 (October 9, 2012),
77 FR 63406 (October 16, 2012) (SR-NYSE-2012-50); Securities
Exchange Act Release No. 67986 (October 4, 2012), 77 FR 61803
(October 11, 2012) (SR-NYSEArca-2012-104).
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2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\7\ in general, and with
Sections 6(b)(4) and 6(b)(5) of the Act,\8\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which NASDAQ operates or controls, and is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(4) and (5).
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    Specifically, NASDAQ believes that the proposal to introduce a
pricing incentive for members that achieve certain participation levels
in the NASDAQ Closing Cross is reasonable because it will result in a
reduction of fees below the levels currently in effect, which in turn
are consistent with the requirements of Rule 610 under Regulation NMS
\9\ applicable to access fees. The proposal is consistent with an
equitable allocation of fees and not unfairly discriminatory because it
will reduce fees to members that NASDAQ believes are generally acting
on behalf of institutional investors, and NASDAQ believes that drawing
the orders of such members to NASDAQ will be beneficial to other market
participants. Specifically, by encouraging such members to route orders
to NASDAQ sooner, the pricing change is intended to benefit liquidity
providers by allowing them to achieve more frequent executions under
conditions where the execution of their posted liquidity is less likely
to have a negative impact on the price of the security being traded. In
addition, the change is intended to increase the proportion of orders
in NASDAQ that reflect long-term trading interest, rather than
opportunistic trading strategies. Accordingly, although the fee
reduction applies only to members with certain characteristics, it is
equitable and not unfairly discriminatory because it is intended to
encourage trading behavior that is beneficial to the market as a whole.
The discount is also not unfairly discriminatory because an appreciable
number of members are expected to qualify for it based on current
trading volumes, and more may qualify by increasing their participation
in NASDAQ.
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    \9\ 17 CFR 242.610.
---------------------------------------------------------------------------

    Similarly, NASDAQ believes that the proposal to introduce a pricing
incentive for Designated Securities is reasonable because it will
result in a reduction of fees below the levels currently in effect,
which in turn are consistent with the requirements of Rule 610 under
Regulation NMS \10\ applicable to access fees. The proposal is
consistent with an equitable allocation of fees and not unfairly
discriminatory because it will reduce fees for members that have
demonstrated a commitment to regular participation in the NASDAQ Market
Center through reaching specified levels of overall usage and liquidity
provision. Incentives focused on the members that provide liquidity are
prevalent in securities markets because higher levels of liquidity
provision aid price discovery and dampen volatility. In addition, the
focus of the incentive on Designated Securities is equitable and not
unreasonably discriminatory because, despite strong quotes in terms of
size and time at the inside, NASDAQ's share of executions in these
securities has declined, thereby risking the willingness of members to
continue to offer liquidity at current levels. By providing an
incentive for members to access NASDAQ's quote in these securities, the
price change will benefit liquidity providers as well as liquidity
accessors. The discount is also not unfairly discriminatory because an
appreciable number of members are expected to qualify for it based on
current trading volumes, and more may qualify by increasing their
participation in NASDAQ.
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    \10\ Id.
---------------------------------------------------------------------------

    Finally, NASDAQ notes that it operates in a highly competitive
market in which market participants can readily favor competing venues
if they deem fee levels at a particular venue to be excessive. In such
an environment, NASDAQ must continually adjust its fees to remain
competitive with other exchanges and with alternative trading systems
that have been exempted from compliance with the statutory standards
applicable to exchanges. NASDAQ believes that the proposed rule change
reflects this competitive environment because it lowers fees for
members whose trading activity is likely to reinforce incentives for
other members to provide liquidity at NASDAQ.

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

    NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. Because the market
for order execution is extremely competitive, members may readily opt
to disfavor NASDAQ's execution services if they believe that
alternatives offer them better value. By reducing fees, the proposal is
a manifestation of the continued intense level of competition in the
market for order execution.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\11\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend 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. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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 email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2012-135 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-NASDAQ-2012-135. This
file number should be included on the

subject line if email 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 Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street NE., Washington, DC 20549 on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
such filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2012-135, and should be submitted on or before
January 9, 2013.

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

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-30546 Filed 12-18-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 40 (Tuesday, March 2, 2010)]
[Notices]
[Pages 9426-9427]
[FR Doc No: 2010-4363]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2008-0333]

Delaware River and Bay Oil Spill Advisory Committee; Meeting

AGENCY: Coast Guard, DHS.

ACTION: Notice of meeting.

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

SUMMARY: The Delaware River and Bay Oil Spill Advisory Committee
(DRBOSAC) will meet in Philadelphia, PA to discuss various issues to
improve oil spill prevention and response strategies for the Delaware
River and Bay. This meeting will be open to the public.

DATES: The Committee will meet on Wednesday, March 17, 2010, from 10
a.m. to 4 p.m. This meeting may close early if all business is
finished. Written material, requests to make oral presentations, and
requests to have a copy of your material distributed to each member of
the committee should reach the Coast Guard on or before March 15, 2010.

ADDRESSES: The Committee will meet at Coast Guard Sector Delaware Bay,
1 Washington Ave., Philadelphia, PA 19147. Send written material and
requests to make oral presentations to Gerald Conrad, Liaison to the
Designated Federal Officer (DFO) of the DRBOSAC, at the address above.
This notice and any documents identified in the Supplementary
Information section as being available in the docket may be viewed
online, at http://www.regulations.gov, using docket number USCG-2008-
0333.

FOR FURTHER INFORMATION CONTACT: Gerald Conrad, Liaison to the DFO of
the DRBOSAC, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463).

Agenda of the Meeting

    The agenda for the March 17 meeting is as follows:
    (1) Opening comments.
    (2) Administrative announcements.
    (3) Introductions.
    (4) Pre-approved presentations from the public.
    (5) Debriefs from each DRBOSAC Sub-committee.
    (6) Public comments.
    (7) Committee recommendation(s) discussion.
    (8) Future Committee business.
    (9) Closing.
    More information and detail on the meeting will be available at the
committee Web site, located at https://homeport.uscg.mil/drbosac.
Additional detail may be added to the agenda up to March 15, 2010.

Procedural

    This meeting is open to the public. All persons entering the
building will have to present identification and may be subject to
screening. Please note that the meeting may close early if all business
is finished.
    The public will be able to make oral presentations during the
meeting when given the opportunity to do so. Members of the public may
seek pre-approval for their oral presentations by contacting the Coast
Guard no later than March 15, 2010. The public may file written
statements with the committee; written

material should reach the Coast Guard no later than March 15, 2010. If
you would like a copy of your material distributed to each member of
the committee, please submit 35 copies to the Liaison to the DFO no
later than March 15, 2010, and indicate that the material is to be
distributed to committee members at the March 17, 2010 meeting.
    Please register your attendance with the Liaison to the DFO no
later than March 15, 2010.

Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
the Liaison to the DFO as soon as possible.

    Dated: February 23, 2010.
Meredith L. Austin,
Captain, U.S. Coast Guard, Commander, Sector Delaware Bay, Designated
Federal Officer.
[FR Doc. 2010-4363 Filed 2-26-10; 4:15 pm]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 213 (Monday, November 8, 2021)]
[Rules and Regulations]
[Pages 61679-61682]
[FR Doc No: 2021-24225]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0503; Project Identifier AD-2021-00163-T;
Amendment 39-21769; AD 2021-21-09]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2005-05-
18, which applied to certain The Boeing Company Model 737-600, -700, -
700C, -800, and -900 series airplanes. AD 2005-05-18 required
repetitive inspections for cracking of the webs of the aft pressure
bulkhead at a certain body station, and corrective action if necessary.
This AD was prompted by cracking found in that inspection area on
airplanes not identified in the applicability of AD 2005-05-18. This AD
retains the requirements of AD 2005-05-18, revises the applicability to
include additional airplanes, and adds an inspection for existing
repairs on the newly added airplanes. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective December 13, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 13,
2021.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0503.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0503; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The address for Docket
Operations is 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: Wayne Lockett, Aerospace Engineer,
Airframe Section, FAA, Seattle ACO Branch, 2200 South 216th St., Des
Moines, WA 98198; phone and fax:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2005-05-18, Amendment 39-14007 (70 FR
12410, March 14, 2005) (AD 2005-05-18). AD 2005-05-18 applied to
certain The Boeing Company Model 737-600, -700, -700C, -800, and -900
series airplanes. The NPRM published in the Federal

Register on June 30, 2021 (86 FR 34660). The NPRM was prompted by
cracking found in an inspection area on airplanes not identified in the
applicability of AD 2005-05-18. In the NPRM, the FAA proposed to
continue to require repetitive inspections for cracking of the webs of
the aft pressure bulkhead at a certain body station, and corrective
action if necessary. The NPRM also proposed to require revising the
applicability to include additional airplanes, and adding an inspection
for existing repairs on the newly added airplanes. The FAA is issuing
this AD to address fatigue cracks in the webs of the aft pressure
bulkhead, which could result in rapid decompression of the airplane.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from United Airlines and Jack Kendrick,
who supported the NPRM without change.
    The FAA received additional comments from two commenters, including
Boeing and Aviation Partners Boeing. The following presents the
comments received on the NPRM and the FAA's response to each comment.

Effects of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that the installation of blended or
split scimitar winglets per Supplemental Type Certificate (STC)
ST00830SE does not affect compliance with the proposed actions.
    The FAA agrees with the commenter that the installation of winglets
per STC ST00830SE does not affect the accomplishment of the
manufacturer's service instructions. Therefore, the installation of STC
ST00830SE does not affect the ability to accomplish the actions
required by this AD. Operators of airplanes with these winglets do not
need to request a ``change in product'' alternative method of
compliance (AMOC) approval as specified in 14 CFR 39.17. The FAA has
redesignated paragraph (c) of the proposed AD as paragraph (c)(1) of
this AD, and added paragraph (c)(2) to this AD accordingly.

Request To Clarify Service Information Description

    Boeing asked that the FAA clarify the language describing the
inspection location and reporting requirements in the ``Related Service
Information Under 1 CFR 51'' paragraph in the preamble of the proposed
AD. Boeing stated that the language should identify the center dome
apex location, and also specify reporting of any cracks found.
    The FAA agrees with the commenter's request to clarify the
inspection location in the ``Related Service Information'' section, due
to the vast number of web fasteners located around the bulkhead. The
FAA has clarified that language accordingly.
    The FAA does not agree with the commenter's request to add
reporting language to that section, because the manufacturer did not
include a reporting requirement for this particular cracking condition
in the service information. Therefore, the FAA has not changed this AD
in this regard.

Request To Clarify Language in Actions Since AD 2005-05-18 Was Issued
Section

    Boeing requested that the FAA clarify the language in the Actions
Since AD 2005-05-18 Was Issued section of the proposed AD. Boeing
suggested changing the sentence that begins ``During the assembly
process on line numbers 1167 through 1755, the fasteners,'' as follows:
``Fasteners on line numbers 1167 through 1755 in the apex dome region
are subjected to clamp-up stresses from the assembly process and
fatigue cycles during fuselage pressurization.'' Boeing stated that
this change is to clarify the meaning of the language used in the
proposed AD.
    The FAA acknowledges the commenter's request and agrees the
proposed wording provides clarity. However, that section is not carried
over into this final rule. Therefore, the FAA has not changed this AD
in this regard.

Conclusion

    The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, and any other changes
described previously, this AD is adopted as proposed in the NPRM. None
of the changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Service Bulletin 737-53A1251,
Revision 2, dated January 20, 2021. This service information specifies
procedures for a general visual inspection for existing repairs,
repetitive detailed and high frequency eddy current (HFEC) inspections
for cracks around the web center dome apex fasteners, repetitive low
frequency eddy current (LFEC) inspection for cracks around the hidden
web lap splice fastener locations, and repair of cracks. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 744 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Detailed, HFEC, and LFEC           Up to 10 work-hours              $0  Up to $850 per       Up to $632,400 per
 inspections.                       x $85 per hour =                     inspection cycle.    inspection cycle.
                                    Up to $850 per
                                    inspection cycle.
General visual inspection (194     1 work-hour x $85                 0  $85................  $16,490.
 airplanes).                        per hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary repairs
that are required based on the results of the inspections. The FAA has
no way of determining the number of aircraft that might need these
repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
           Action                  Labor cost                Parts cost                   Cost per product
----------------------------------------------------------------------------------------------------------------
Repair......................  Up to 30 * work-     Up to $30,000 *...............  Up to $32,550.*
                               hours x $85 per
                               hour = Up to
                               $2,550.
----------------------------------------------------------------------------------------------------------------
* Repair costs will vary depending on size of the repair required.

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.
    The FAA is 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) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

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:
0
a. Removing Airworthiness Directive (AD) 2005-05-18, Amendment 39-14007
(70 FR 12410, March 14, 2005); and
0
b. Adding the following new AD:

2021-21-09 The Boeing Company: Amendment 39-21769; Docket No. FAA-
2021-0503; Project Identifier AD-2021-00163-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 13,
2021.

(b) Affected ADs

    This AD replaces AD 2005-05-18, Amendment 39-14007 (70 FR 12410,
March 14, 2005) (AD 2005-05-18).

(c) Applicability

    (1) This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, and -900 series airplanes, certificated in any category,
as identified in Boeing Alert Service Bulletin 737-53A1251, Revision
2, dated January 20, 2021.
    (2) Installation of Supplemental Type Certificate (STC)
ST00830SE does not affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes on which STC ST00830SE
is installed, a ``change in product'' alternative method of
compliance (AMOC) approval request is not necessary to comply with
the requirements of 14 CFR 39.17.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of cracks found at several of
the fastener rows in the web lap splices at the dome apex of the aft
pressure bulkhead, and the determination that airplanes not affected
by AD 2005-05-18 are subject to this unsafe condition. The FAA is
issuing this AD to address fatigue cracks in the webs of the aft
pressure bulkhead, which could result in rapid decompression of the
airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the
applicable times specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 737-53A1251 Revision 2, dated January
20, 2021, do all applicable actions identified as ``RC'' (required
for compliance) in, and in accordance with, the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-53A1251, Revision
2, dated January 20, 2021. For Group 1 airplanes, as defined in
Boeing Alert Service Bulletin 737-53A1251, Revision 2, dated January
20, 2021: Step 3.B.2. of the Accomplishment Instructions of Boeing
Alert Service Bulletin 737-53A1251, Revision 2, dated January 20,
2021, is an RC step, and the provisions of paragraphs (j)(5)(i) and
(ii) of this AD apply.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Service Bulletin 737-53A1251, Revision 2,
dated January 20, 2021, uses the phrase ``the Revision 1 date of
this service bulletin,'' this AD requires using ``the effective date
of this AD.''
    (2) Where Boeing Alert Service Bulletin 737-53A1251, Revision 2,
dated January 20, 2021, specifies contacting Boeing for repair
instructions or for alternative inspections: This AD requires doing
the repair, or doing the alternative inspections and applicable on-
condition actions using a method approved in accordance with the
procedures specified in paragraph (j) of this AD.

(i) Credit for Previous Actions

    (1) For airplanes having line numbers 1 through 1166 inclusive:
This paragraph provides credit for the corresponding actions of
Boeing Alert Service Bulletin 737-53A1251, Revision 2, dated January
20, 2021, that are required by paragraph (g) of this AD, if those
actions were performed before the effective date of this AD using
Boeing Service Bulletin 737-53-1251, dated June 3, 2004, which was
incorporated by reference in AD 2005-05-18.
    (2) This paragraph provides credit for the corresponding actions
of Boeing Alert Service Bulletin 737-53A1251, Revision 2, dated
January 20, 2021, that are required by paragraph (g) of this AD, if
those actions were performed before the effective date of this AD
using Boeing Alert Service Bulletin 737-53A1251, Revision 1, dated
September 22, 2020, which is not incorporated by reference in this
AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO Branch, 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 responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (k)(1) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Seattle
ACO Branch, FAA, to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved for AD 2005-05-18 are approved as AMOCs for
the corresponding provisions of Boeing Alert Service Bulletin 737-
53A1251, Revision 2, dated January 20, 2021, that are required by
paragraph (g) of this AD.
    (5) Except as specified by paragraph (h) of this AD: For service
information that contains steps that are labeled as Required for
Compliance (RC), the provisions of paragraphs (j)(5)(i) and (ii) of
this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(k) Related Information

    (1) For more information about this AD, contact Wayne Lockett,
Aerospace Engineer, Airframe Section, FAA, Seattle ACO Branch, 2200
South 216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>;
email: [email protected].
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (l)(3) and (4) of this AD.

(l) 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 Alert Service Bulletin 737-53A1251, Revision 2, dated
January 20, 2021.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, 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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 8, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-24225 Filed 11-5-21; 8:45 am]
BILLING CODE 4910-13-P