[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Rules and Regulations]
[Pages 23504-23507]
[FR Doc No: 2017-10252]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9433; Directorate Identifier 2016-NM-159-AD;
Amendment 39-18901; AD 2017-11-02]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model MD-90-30 airplanes. This AD was prompted by a
report of cracking in a horizontal stabilizer rear spar cap. This AD
requires repetitive inspections for any crack in the left and right
side horizontal stabilizer rear spar upper caps, and repair or
replacement if necessary. We are issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective June 27, 2017.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 27,
2017.

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 referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9433.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9433; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: James Guo, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone:
562-627-5357; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all The Boeing Company
Model MD-90-30 airplanes. The NPRM published in the Federal Register on
December 5, 2016 (81 FR 87499). The NPRM was prompted by a report of
cracking in an MD-90 horizontal stabilizer rear spar cap at station XE
 5.931. The NPRM proposed to require repetitive open hole
eddy current high frequency (ETHF) or surface eddy current low
frequency (ETLF) inspections for any crack in the left and right side
horizontal stabilizer rear spar upper caps, and repair or replacement
if necessary. We are issuing this AD to detect and correct fatigue
cracking of the horizontal stabilizer rear spar upper cap, which could
adversely affect the structural integrity of the airplane.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.

Support for the NPRM

    Boeing stated that it supports the NPRM.

Request To Allow Installation of a Serviceable Spare as a Corrective
Action

    Delta Airlines requested that we allow installation of a qualified
serviceable spare horizontal stabilizer as a corrective action in lieu
of repairing or replacing the horizontal stabilizer. Delta noted that
this type of corrective action has been approved as an alternative
method of compliance (AMOC) for other ADs affecting the horizontal
stabilizer.
    We disagree with the request. While an AMOC has been previously
granted to allow applicants to replace an unserviceable stabilizer with
a serviceable stabilizer, each such AMOC approval required the
applicant to demonstrate that they had a sufficient program in place to
trace, document, inspect, and install the serviceable horizontal
stabilizers. The details of such a program cannot be prescribed and
documented within an AD. However, we will consider requests for
approval of an AMOC under the provisions of paragraph (j) of this AD.

Explanation of Change to NPRM

    We revised paragraph (g) of the proposed AD to refer to the
compliance times of both table 1 and table 2 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin MD90-55A018, dated
June 29, 2016. The reference to table 2 had been inadvertently omitted
from the proposed AD. Table 2 specifies the same compliance times as
table 1, but table 2 applies to the right side horizontal rear spar
upper cap, while table 1 applies to the left side.

Conclusion

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

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin MD90-55A018, dated June
29, 2016. The service information describes procedures for repetitive
open hole ETHF or surface ETLF inspections for any crack in the left
and right side horizontal stabilizer rear spar upper caps common to the
elevator hinge fitting at station XE =  5.931, and repair
or replacement. 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

    We estimate that this AD affects 105 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.....................  8 work-hours x $85 per               $0  $680 per            $71,400 per
                                  hour = $680 per                          inspection cycle.   inspection cycle.
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Upper cap splice repair or replacement (each    368 work-hours x $85 per hour =          $64,306         $95,586
 side).                                          $31,280.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on

products identified in this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2017-11-02 The Boeing Company: Amendment 39-18901; Docket No. FAA-
2016-9433; Directorate Identifier 2016-NM-159-AD.

(a) Effective Date

    This AD is effective June 27, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model MD-90-30
airplanes, certificated in any category.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report of cracking in a horizontal
stabilizer rear spar cap at station XE =  5.931. We are
issuing this AD to detect and correct fatigue cracking of the
horizontal stabilizer rear spar upper cap, which could adversely
affect the structural integrity of the airplane.

(f) Compliance

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

(g) Repetitive Open Hole Eddy Current High Frequency or Surface Eddy
Current Low Frequency Inspections

    Except as required by paragraph (i) of this AD, at the
applicable times specified in table 1 or table 2 of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin MD90-55A018, dated
June 29, 2016: Do either an open hole eddy current high frequency
(ETHF) or a surface eddy current low frequency (ETLF) inspection for
any crack in the left and right side horizontal stabilizer rear spar
upper caps common to the elevator hinge fitting at station XE =
 5.931, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin MD90-55A018, dated
June 29, 2016. Repeat the inspection thereafter at the time
specified in tables 1 through 4, as applicable, of paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin MD90-55A018, dated
June 29, 2016.

(h) Horizontal Rear Spar Upper Cap Splice Repair or Replacement

    If any crack is found during any inspection required by
paragraph (g) of this AD, repair or replace before further flight in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin MD90-55A018, dated June 29, 2016.

(i) Service Information Exception

    Where Boeing Alert Service Bulletin MD90-55A018, dated June 29,
2016, specifies a compliance time ``after the original issue date of
this service bulletin,'' this AD requires compliance within the
specified compliance time after the effective date of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office
(ACO), FAA, has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19. In accordance
with 14 CFR 39.19, send your request to your principal inspector or
local Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (k) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO, 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) For service information that contains steps that are labeled
as Required for Compliance (RC), the provisions of paragraphs
(j)(4)(i) and (j)(4)(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

    For more information about this AD, contact James Guo, Aerospace
Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft
Certification Office (ACO), 3960 Paramount Boulevard, Lakewood, CA
90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(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 MD90-55A018, dated June 29,
2016.
    (ii) Reserved.
    (3) For Boeing 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. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://

www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 12, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2017-10252 Filed 5-22-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 248 (Friday, December 27, 2019)]
[Notices]
[Pages 71404-71405]
[FR Doc No: 2019-27921]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14513-002]

Idaho Irrigation District, New Sweden Irrigation District; Notice
of Application Tendered for Filing With the Commission and Establishing
Procedural Schedule for Licensing and Deadline for Submission of Final
Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Original Major License.
    b. Project No.: 14513-002.
    c. Date Filed: December 18, 2019.
    d. Applicant: Idaho Irrigation District, New Sweden Irrigation
District (the Districts).
    e. Name of Project: County Line Road Hydroelectric Project.
    f. Location: The proposed project would be located on the Snake
River in Jefferson and Bonneville Counties, Idaho. The project would
not affect federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Nicholas Josten, 2742 Saint Charles Ave.,
Idaho Falls, Idaho 83404;<PHONE_NUMBER>.
    i. FERC Contact: Matt Cutlip,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. This application is not ready for environmental analysis at this
time.
    k. Project Description: The proposed project would utilize water
diverted from the Snake River at an existing diversion dam located 10
miles upstream of Idaho Falls. Currently the diversion dam diverts
irrigation water for agricultural purposes into the existing Idaho
Canal on the east side of the river and Great Western Canal on the west
side of the river. Under the proposed project, the Districts would
enlarge the canals by raising the banks of each by an additional 1 to 3
feet to increase their capacity and then divert up to 1,000 cubic feet
per second (cfs) of additional flow into each canal for power
generation. On the east side of the Snake River, flows for power
generation would be diverted into the Idaho Canal and conveyed about
3.1 miles to a new East Side Powerhouse and then discharged back to the
Snake River. On the west side of the Snake River, flows for power
generation would be diverted into the Great Western Canal and conveyed
about 3.5 miles to a new West Side Powerhouse and then discharged back
to the Snake River. The Districts propose to maintain a 1,000-cfs
minimum flow in the 3.5-mile-long segment of the Snake River bypassed
by the project whenever the project is operating. The total capacity of
both powerhouses would be 2.5 megawatts (MW), with a 1.2-MW capacity
for the single Kaplan turbine in the East Side Powerhouse and a 1.3-MW
capacity for the single Kaplan turbine in the West Side Powerhouse. The
average annual generation is expected to be 18.3 gigawatt-hours. The
project would also include two new 12.5-kilovolt transmission lines,
extending 2,500 feet and 400 feet from the East Side and West Side
Powerhouses, respectively, to the interconnection points with the
existing electrical distribution system.
    l. Locations of the Application: A copy of the application is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's website 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>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY).
    m. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Procedural Schedule: The application will be processed according
to the following preliminary Hydro Licensing Schedule. Revisions to the
schedule may be made as appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Notice of Acceptance/Notice of Ready     February 2020.
 for Environmental Analysis.
Filing of recommendations, preliminary   April 2020.
 terms and conditions, and fishway
 prescriptions.
Commission issues Draft Environmental    October 2020.
 Assessment (EA).
Comments on Draft EA...................  November 2020.
Modified terms and conditions..........  January 2021.
Commission issues Final EA.............  April 2021.
------------------------------------------------------------------------

    o. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.

    Dated: December 19, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-27921 Filed 12-26-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: May 10, 2010 (Volume 75, Number 89)]
[Notices]
[Page 25895-25896]
[DOCID:fr10my10-93]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62029; File No. SR-NASDAQ-2010-053]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change by the NASDAQ Stock Market LLC
to Add Seventy-Five Options Classes to the Penny Pilot Program

May 4, 2010.
    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 April 27, 2010, The NASDAQ Stock Market LLC (``Nasdaq'') 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.
---------------------------------------------------------------------------

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

    Nasdaq is filing with the Securities and Exchange Commission
(``SEC'' or ``Commission'') a proposal for the NASDAQ Options Market
(``NOM'' or ``Exchange'') to designate seventy-five options classes to
be added to the Penny Pilot Program (``Penny Pilot'' or ``Pilot'') on
May 3, 2010.\3\ The Exchange is not proposing to amend any rule text,
but simply administering or enforcing an existing rule.\4\
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    \3\ The Penny Pilot was established in March 2008 and in October
2009 was expanded and extended through December 31, 2010. See
Securities Exchange Act Release Nos. 57579 (March 28, 2008), 73 FR
18587 (April 4, 2008)(SR-NASDAQ-2008-026)(notice of filing and
immediate effectiveness establishing Penny Pilot); 60874 (October
23, 2009), 74 FR 56682 (November 2, 2009)(SR-NASDAQ-2009-091)(notice
of filing and immediate effectiveness expanding and extending Penny
Pilot); 60965 (November 9, 2009), 74 FR 59292 (November 17,
2009)(SR-NASDAQ-2009-097)(notice of filing and immediate
effectiveness adding seventy-five classes to Penny Pilot); and 61455
(February 1, 2010), 75 FR 6239 (February 8, 2010)(SR-NASDAQ-2010-
013)(notice of filing and immediate effectiveness adding seventy-
five classes to Penny Pilot).
    \4\ See Chapter VI, Section 5 regarding the Penny Pilot.
---------------------------------------------------------------------------

    The text of the proposed rule change is available from Nasdaq's
website at http://nasdaq.cchwallstreet.com/Filings/, at Nasdaq's
principal office, 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, Nasdaq 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. Nasdaq 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 this filing is to identify the next seventy-five
options classes to be added to the Penny Pilot effective May 3, 2010.
    In the Exchange's immediately effective filing to extend and expand
the Penny Pilot through December 31, 2010,\5\ the Exchange proposed
expanding the Pilot four times on a quarterly basis. Each such
quarterly expansion would be of the next seventy-five most actively
traded multiply listed options classes based on the national average
daily volume (``ADV'') for the six months prior to selection, closing
under $200 per share on the Expiration Friday prior to expansion;
however, the month immediately preceding the addition of options to the
Penny Pilot will not be used for the purpose of the six month analysis.
Index option products would be included in the quarterly expansions if
the underlying index levels were under 200.
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    \5\ See Securities Exchange Act Release No. 60874 (October 23,
2009), 74 FR 56682 (November 2, 2009) (SR-NASDAQ-2009-091) (notice
of filing and immediate effectiveness).
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    The Exchange is identifying, in the chart below, seventy-five
options classes that it will add to the Penny Pilot on May 3, 2010,
based on ADVs for the six months ending March 31, 2010.

--------------------------------------------------------------------------------------------------------------------------------------------------------
           Nat'l ranking                   Symbol               Security name            Nat'l ranking           Symbol              Security name
--------------------------------------------------------------------------------------------------------------------------------------------------------
153...............................  XLV                  Health Care Select Sector   247.................  JCP                 JC Penney Co Inc.
                                                          SPDR Fund.
155...............................  CIEN                 Ciena Corp................  248.................  ACL                 Alcon Inc.
157...............................  AMLN                 Amylin Pharmaceuticals Inc  249.................  STP                 Suntech Power Holdings Co
                                                                                Ltd.
158...............................  CTIC                 Cell Therapeutics Inc.....  250.................  TLB                 Talbots Inc.
159...............................  MDT                  Medtronic Inc.............  251.................  SYMC                Symantec Corp.
162...............................  TIVO                 TiVo Inc..................  253.................  AMED                Amedisys Inc.
163...............................  MNKD                 MannKind Corp.............  255.................  TM                  Toyota Motor Corp.
171...............................  MDVN                 Medivation Inc............  257.................  HK                  Petrohawk Energy Corp.
176...............................  BRKB                 Berkshire Hathaway Inc....  258.................  ENER                Energy Conversion Devices
                                                                                Inc.
178...............................  APOL                 Apollo Group Inc..........  259.................  STT                 State Street Corp.
181...............................  BSX                  Boston Scientific Corp....  260.................  BHP                 BHP Billiton Ltd.
185...............................  XLY                  Consumer Discretionary      261.................  NFLX                NetFlix Inc.
                                                          Sel. Sec. SPDR Fund.
188...............................  CLF                  Cliffs Natural Resources    262.................  LDK                 LDK Solar Co Ltd.
                                                          Inc.
190...............................  ZION                 Zions Bancorporation......  263.................  SPG                 Simon Property Group Inc.
194...............................  IOC                  InterOil Corp.............  264.................  TIF                 Tiffany & Co.
197...............................  ITMN                 InterMune Inc.............  265.................  BUCY                Bucyrus International
                                                                                Inc.
204...............................  GME                  GameStop Corp.............  266.................  WAG                 Walgreen Co.
209...............................  XLK                  Technology Select Sector    268.................  IP                  International Paper Co.
                                                          SPDR Fund.
210...............................  AKS                  AK Steel Holding Corp.....  271.................  XME                 SPDR S&P Metals & Mining
                                                                                ETF.
212...............................  GRMN                 Garmin Ltd................  272.................  KGC                 Kinross Gold Corp.

213...............................  MRVL                 Marvell Technology Group    273.................  EP                  El Paso Corp.
                                                          Ltd.
215...............................  XLP                  Consumer Staples Select     274.................  SEED                Origin Agritech Ltd.
                                                          Sector SPDR Fund.
216...............................  UNP                  Union Pacific Corp........  275.................  WIN                 Windstream Corp.
220...............................  DTV                  DIRECTV...................  279.................  DHI                 DR Horton Inc.
223...............................  WMB                  Williams Cos Inc./The.....  280.................  ADBE                Adobe Systems Inc.
225...............................  MEE                  Massey Energy Co..........  281.................  PCX                 Patriot Coal Corp.
227...............................  CELG                 Celgene Corp..............  282.................  SPWRA               SunPower Corp.
229...............................  GMCR                 Green Mountain Coffee       284.................  LCC                 US Airways Group Inc.
                                                          Roasters Inc.
231...............................  WDC                  Western Digital Corp......  285.................  PRU                 Prudential Financial Inc.
234...............................  DAL                  Delta Air Lines Inc.......  286.................  LEN                 Lennar Corp.
235...............................  FXE                  CurrencyShares Euro Trust.  287.................  EWT                 iShares MSCI Taiwan Index
                                                                                Fund.
237...............................  COST                 Costco Wholesale Corp.....  288.................  KBH                 KB Home.
239...............................  MJN                  Mead Johnson Nutrition Co.  289.................  CREE                Cree Inc.
240...............................  ALL                  Allstate Corp/The.........  290.................  SIRI                Sirius XM Radio Inc.
241...............................  SII                  Smith International Inc...  291.................  MMR                 McMoRan Exploration Co.
242...............................  RTN                  Raytheon Co...............  292.................  CENX                Century Aluminum Co.
243...............................  DVN                  Devon Energy Corp.........  293.................  GFI                 Gold Fields Ltd.
244...............................  MT                   ArcelorMittal.............  ....................  ..................  .........................
--------------------------------------------------------------------------------------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \6\ in general, and furthers the objectives of Section
6(b)(5) of the Act \7\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanisms of a free and open
market and a national market system, by identifying the options classes
to be added to the Penny Pilot in a manner consistent with prior
approvals and filings.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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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.

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

    Written comments were neither solicited nor received.

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

    Pursuant to Section 19(b)(3)(A)(i) of the Act \8\ and Rule 19b-
4(f)(1) thereunder,\9\ Nasdaq has designated this proposal as one
constituting a stated policy, practice, or interpretation with respect
to the meaning, administration, or enforcement of an existing rule.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(i).
    \9\ 17 CFR 240.19b-4(f)(1).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml ); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2010-053 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-2010-053.
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 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 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of Nasdaq.
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-2010-
053 and should be submitted on or before June 1, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-10965 Filed 5-7-10; 8:45 am]
BILLING CODE 8010-01-P