[Federal Register Volume 76, Number 197 (Wednesday, October 12, 2011)]
[Rules and Regulations]
[Pages 63156-63159]
[FR Doc No: 2011-25768]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0568; Directorate Identifier 2011-NM-010-AD;
Amendment 39-16824; AD 2011-21-01]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Model F.27 Mark
050, 200, 300, 400, 500, 600, and 700 Airplanes; and Model F.28
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

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

    [T]he Federal Aviation Administration (FAA) has published
Special Federal Aviation Regulation (SFAR) 88, and the Joint
Aviation Authorities (JAA) has published Interim Policy INT/POL/25/
12. The review conducted by Fokker Services on the Fokker F27 and
F28 type designs in response to these regulations revealed that,
under certain failure conditions, a short circuit can develop in the
fuel pilot valve solenoid or in the wiring to the solenoid. Such a
short circuit may result in an ignition source in the wing tank
vapour space.
    This condition, if not corrected, could result in a wing fuel
tank explosion and consequent loss of the aeroplane.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective November 16, 2011.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of November 16,
2011.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the

U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA 1601
Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 227-
1137; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on June 21, 2011 (76 FR
36011). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    [T]he Federal Aviation Administration (FAA) has published
Special Federal Aviation Regulation (SFAR) 88, and the Joint
Aviation Authorities (JAA) has published Interim Policy INT/POL/25/
12. The review conducted by Fokker Services on the Fokker F27 and
F28 type designs in response to these regulations revealed that,
under certain failure conditions, a short circuit can develop in the
fuel pilot valve solenoid or in the wiring to the solenoid. Such a
short circuit may result in an ignition source in the wing tank
vapour space.
    This condition, if not corrected, could result in a wing fuel
tank explosion and consequent loss of the aeroplane.
    For the reasons described above, this AD requires [re-working
the wiring and] the installation of a fuse packed in a jiffy
junction [i.e., crimped wire in-line junction device] in the wiring
to the fuel pilot valve solenoid.

The required actions also include revising the maintenance program to
include a certain Critical Design Configuration Control Limitation
(CDCCL). You may obtain further information by examining the MCAI in
the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (76 FR 36011, June 21,
2011) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    We estimate that this AD will affect 6 products of U.S. registry.
We also estimate that it will take about 6 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost up to $2,198 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators up to $16,248, or up to $2,708 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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 this AD:
    1. Is not a ''significant regulatory action'' under Executive Order
12866;
    2. Is not a ''significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (76 FR 36011, June 21, 2011),
the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

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 AD:

2011-21-01 Fokker Services B.V.: Amendment 39-16824. Docket No. FAA-
2011-0568; Directorate Identifier 2011-NM-010-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective November
16, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Fokker Services B.V. Model F.27 Mark 050,
200, 300, 400, 500,

600, and 700 airplanes; and Fokker Services B.V. Model F.28 Mark
0070, 0100, 1000, 2000, 3000, and 4000 airplanes; certificated in
any category; all serial numbers.

    Note 1:  This AD requires revisions to certain operator
maintenance documents to include a new Critical Design Configuration
Control Limitation (CDCCL). Compliance with this CDCCL is required
by 14 CFR 91.403(c). For airplanes that have been previously
modified, altered, or repaired in the areas addressed by this AD,
the operator may not be able to accomplish the actions described in
the revisions. In this situation, to comply with 14 CFR 91.403(c),
the operator must request approval for an alternative method of
compliance (AMOC) according to paragraph (j)(1) of this AD. The
request should include a description of changes to the required
inspections that will ensure the continued operational safety of the
airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    [T]he Federal Aviation Administration (FAA) has published
Special Federal Aviation Regulation (SFAR) 88, and the Joint
Aviation Authorities (JAA) have published Interim Policy INT/POL/25/
12. The review conducted by Fokker Services on the Fokker F27 and
F28 type designs in response to these regulations revealed that,
under certain failure conditions, a short circuit can develop in the
fuel pilot valve solenoid or in the wiring to the solenoid. Such a
short circuit may result in an ignition source in the wing tank
vapour space.
    This condition, if not corrected, could result in a wing fuel
tank explosion and consequent loss of the aeroplane.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Installation of Fuses Packed in Jiffy Junctions

    (g) Within 24 months after the effective date of this AD, re-
work the wiring and install the fuses packed in jiffy junctions
(i.e., crimped wire in-line junction device), in accordance with the
Accomplishment Instructions of the applicable Fokker service
bulletin identified in table 1 of this AD.

                       Table 1--Service Bulletins
------------------------------------------------------------------------
           Fokker Service Bulletin--                     Dated--
------------------------------------------------------------------------
SBF50-28-024, including Drawing W7916-057,      June 23, 2010.
 Sheets 006 and 007, Issue E, dated June 23,
 2010, Drawing W7987-520, Sheets 1 and 2,
 dated October 24, 2005, and Manual Change
 Notification--Maintenance Document MCNM-F50-
 070, dated June 23, 2010.
SBF28-28-051, including Drawing W57231, Sheets  June 23, 2010.
 010 and 011, Issue K, dated June 23, 2010,
 Drawing W58048, Sheet 2, dated April 29,
 2010, and Manual Change Notification--
 Maintenance Document MCNM-F28-034, dated June
 23, 2010.
SBF27-28-069, including Drawing W7202-138,      June 23, 2010.
 Sheets 001 and 002, Issue B, dated June 23,
 2010, and Manual Change Notification--
 Maintenance Document MCNM-F27-025, dated June
 23, 2010.
SBF100-28-042, including Drawing W41192, Sheet  June 23, 2010.
 012, Issue AG, dated June 23, 2010, Drawing
 W59520, Sheet 1, Issue A, dated April 29,
 2010, and Manual Change Notification--
 Maintenance Document MCNM-F100-129, dated
 June 23, 2010.
------------------------------------------------------------------------

Critical Design Configuration Control Limitation (CDCCL)

    (h) Before further flight after doing the actions required by
paragraph (g) of this AD: Revise the aircraft maintenance program by
incorporating the CDCCL specified in paragraph 1.L.(1)(c) of the
applicable Fokker service bulletins identified in table 1 of this
AD.

No Alternative Actions, Intervals, and/or CDCCLs

    (i) After accomplishing the revision required by paragraph (h)
of this AD, no alternative CDCCLs may be used unless the CDCCLs are
approved as an alternative method of compliance (AMOC) in accordance
with the procedures specified in paragraph (j)(1) of this AD.

FAA AD Differences

    Note 2:  This AD differs from the MCAI and/or service
information as follows:
    Although European Aviation Safety Agency (EASA) Airworthiness
Directive 2010-0195, dated September 29, 2010, specifies revising
the maintenance program to include maintaining CDCCLs, this AD only
requires the revision. Requiring a revision of the maintenance
program, rather than requiring maintaining CDCCLs, requires
operators to record AD compliance only at the time the revision is
made. Maintaining CDCCLs specified in the airworthiness limitations
must be complied with in accordance with 14 CFR 91.403(c).

Other FAA AD Provisions

    (j) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance: The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. 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 International Branch, send it to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be e-mailed to<EMAIL_ADDRESS>
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. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

    (k) Refer to MCAI EASA Airworthiness Directive 2010-0195, dated
    September 29, 2010, and the Fokker service bulletins identified
in table 1 of this AD, for related information.

Material Incorporated by Reference

    (l) You must use the following service information, as
applicable, to do the actions required by this AD, unless the AD
specifies otherwise. The Director of the Federal Register approved
the incorporation by reference (IBR) under 5 U.S.C. 552(a) and 1 CFR
part 51 of the following service information on the date specified.
    (1) Fokker Service Bulletin SBF50-28-024, including Manual
Change Notification--Maintenance Document MCNM-F50-070, dated June
23, 2010, and including Drawing W7916-057, Sheets 006 and 007, Issue
E, dated June 23, 2010, and Drawing W7987-520, Sheets 1 and 2, dated
October 24, 2005, approved for IBR November 16, 2011.
    (2) Fokker Service Bulletin SBF28-28-051, including Manual
Change Notification--Maintenance Document MCNM-F28-034, dated June
23, 2010, and including Drawing W57231, Sheets 010 and 011, Issue K,
dated June 23, 2010, and Drawing W58048, Sheet 2, dated April 29,
2010, approved for IBR November 16, 2011.
    (3) Fokker Service Bulletin SBF27-28-069, including Manual
Change Notification--Maintenance Document MCNM-F27-025, dated June
23, 2010, and including Drawing W7202-138, Sheets 001 and 002, Issue
B,

dated June 23, 2010, approved for IBR November 16, 2011.
    (4) Fokker Service Bulletin SBF100-28-042, including Manual
Change Notification--Maintenance Document MCNM-F100-129, dated June
23, 2010, and including Drawing W41192, Sheet 012, Issue AG, dated
June 23, 2010, and Drawing W59520, Sheet 1, Issue A, dated April 29,
2010, approved for IBR November 16, 2011.
    (5) For service information identified in this AD, contact
Fokker Services B.V., Technical Services Dept., P.O. Box 231, 2150
AE Nieuw-Vennep, the Netherlands; telephone +31 (0)252-627-350; fax
+31 (0)252-627-211; e-mail
<EMAIL_ADDRESS>Internet: http://www.myfokkerfleet.com.
    (6) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (7) You may also review copies of the 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on September 23, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-25768 Filed 10-11-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Rules and Regulations]
[Pages 73615-73617]
[FR Doc No: 2020-25469]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0685; Project Identifier MCAI-2020-00396-R;
Amendment 39-21325; AD 2020-23-09]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Helicopters Model EC130B4 helicopters. This AD was prompted by
reports of inflight detachment of the left-hand (LH) side cabin sliding
doors and cases of impact damage on the main rotor blades, which were
caused by degradation of the sliding door locking mechanism. This AD
requires repetitive checks (measurements) of the load that operates the
sliding door opening mechanism, repetitive inspections of the markings
of the attachment screws for proper alignment, modifying the attachment
system of the sliding door, and corrective actions if necessary, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective December 24, 2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 24,
2020.

ADDRESSES: For material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood
Pkwy., Room 6N-321, Fort Worth, TX 76177. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0685.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0685; 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: Kristin Bradley, Aviation Safety
Engineer, International Validation Branch, General Aviation &
Rotorcraft Unit, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Airbus Helicopters
Model EC130B4 helicopters. The NPRM published in the Federal Register
on August 6, 2020 (85 FR 47714). The NPRM was prompted by reports of
inflight detachment of the LH side cabin sliding doors and cases of
impact damage on the main rotor blades, which were caused by
degradation of the sliding door locking mechanism. The NPRM proposed to
require repetitive checks (measurements) of the load that operates the
sliding door opening mechanism, repetitive inspections of the markings
of the attachment screws for proper alignment, modifying the attachment
system of the sliding door, and corrective actions if necessary, as
specified in an EASA AD.
    The FAA is issuing this AD to address degradation of the locking
mechanism, which could lead to further events of inflight detachment of
a LH side cabin sliding door, and possibly result in damage to the
helicopter and injury to persons on the ground.
    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0069, dated March 24, 2020
(EASA AD 2020-0069) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all Airbus Helicopters Model EC130B4 helicopters. See the MCAI for
additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The FAA has considered the comments
received. An anonymous commenter indicated its support for the NPRM.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0069 describes procedures for repetitive checks
(measurements) of the load that operates the sliding door opening
mechanism, repetitive inspections of the markings of the attachment
screws of the rear LH upper catch for proper alignment, modifying the
attachment system of the sliding door, and corrective actions if
necessary. Corrective actions include adjusting the rear LH upper catch
to increase the load required to operate the sliding door opening
mechanism, inspecting the rear LH upper catch to determine if any
anchor nut is not locked, and replacing the anchor nuts of the rear LH
upper catch. EASA AD2020-0069 also specifies that doing the
modification of the attachment system of the sliding door is a
terminating action for the repetitive inspections of the markings of
the attachment screws of the rear LH upper catch for proper alignment.
    This material 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 159 helicopters of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 3 work-hours x $85 per hour = Up                $0  Up to $255................  Up to $40,545.
 to $255.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
helicopters that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hours x $85 per hour = $85.....              $0              $85
------------------------------------------------------------------------

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.

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:

2020-23-09 Airbus Helicopters: Amendment 39-21325; Docket No. FAA-
2020-0685; Project Identifier MCAI-2020-00396-R.

(a) Effective Date

    This airworthiness directive (AD) is effective December 24,
2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Helicopters Model EC130B4
helicopters, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by reports of inflight detachment of the
left-hand (LH) side cabin sliding doors and cases of impact damage
on the main rotor blades, which were caused by degradation of the
sliding door locking mechanism. The FAA is issuing this AD to
address degradation of the locking mechanism, which could lead to
further events of inflight detachment of a LH side cabin sliding
door, and possibly result in damage to the helicopter and injury to
persons on the ground.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2020-0069, dated March 24, 2020 (EASA AD 2020-0069).

(h) Exceptions to EASA AD 2020-0069

    (1) Where EASA AD 2020-0069 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2020-0069 refers to January 24, 2019 (the
effective date of EASA AD 2020-0069), this AD requires using the
effective date of this AD.
    (3) The ``Remarks'' section of EASA AD 2020-0069 does not apply
to this AD.
    (4) The ``Parts Installation'' allowance provided in paragraph
(8) of EASA AD 2020-0069 does not apply to this AD.
    (5) Although the service information referenced in EASA AD 2020-
0069 specifies to discard certain parts, this AD does not include
that requirement.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, Rotorcraft Standards Branch, FAA, may approve AMOCs
for this AD. Send your proposal to: Manager, Rotorcraft Standards
Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone
817-222-5110; email<EMAIL_ADDRESS>
(j) Related Information

    For more information about this AD, contact Kristin Bradley,
Aviation Safety Engineer, International Validation Branch, General
Aviation & Rotorcraft Unit, FAA, 10101 Hillwood Pkwy., Fort Worth,
TX 76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>

(k) 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 this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0069,
dated March 24, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0069, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0685.
    (5) You may view this material 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_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 4, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-25469 Filed 11-18-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 1, 2010 (Volume 75, Number 62)]
[Notices]
[Page 16527-16528]
[DOCID:fr01ap10-125]

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

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 10b-10, SEC File No. 270-389, OMB Control No. 3235-0444.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission
(Commission) is soliciting comments on the existing collection of
information provided for in Rule 10b-10 (17 CFR 240.10b-10) under the
Securities and Exchange Act of 1934 (15 U.S.C. 78a et seq.). The
Commission plans to submit this existing collection of information to
the Office of Management and Budget for extension and approval.
    Rule 10b-10 requires broker-dealers to convey basic trade
information to customers regarding their securities transactions. This
information includes: The date and time of the transaction, the
identity and number of shares bought or sold, and the trading capacity
of the broker-dealer. Depending on the trading capacity of the broker-
dealer, Rule 10b-10 requires the disclosure of commissions as well as
mark-up and mark-down information. For transactions in debt securities,
Rule 10b-10 requires the disclosure of redemption and yield
information. Rule 10b-10 potentially applies to all of the
approximately 5,178 firms registered with the Commission that effect
transactions on behalf of customers.
    Based on information provided by registered broker-dealers to the
Commission in FOCUS Reports, the Commission staff estimates that on
average, registered broker-dealers process approximately 1.4 billion
order tickets per month for transactions on behalf of customers. Each
order ticket representing a transaction effected on behalf of a
customer results in one confirmation. Therefore, the Commission staff
estimates that approximately 16.8 billion confirmations are sent to
customers annually. The confirmations required by Rule 10b-10 are
generally processed through automated systems. It takes approximately 1
minute to generate and send a confirmation. Accordingly, the Commission
estimates that broker-dealers spend 280 million hours per year
complying with Rule 10b-10.
    The amount of confirmations sent and the cost of sending each
confirmation varies from firm to firm. Smaller firms generally send
fewer confirmations than larger firms because they effect fewer
transactions. The Commission staff estimates the costs of producing and
sending a paper confirmation, including postage to be approximately 96
cents. The Commission staff also estimates that the cost of producing
and sending a wholly electronic confirmation is approximately 52 cents.
Based on informal discussions with industry participants as well as no-
action positions taken in this area, the staff estimates that broker-
dealers used electronic confirmations for approximately 25 percent of
transactions. Based on these calculations, Commission staff estimates
that 12,600,000,000 paper confirmations are mailed each year at a cost
of $12,096,000,000. Commission staff also estimates that 4,200,000,000
wholly electronic confirmations are sent each year at a cost of
$2,184,000,000. Accordingly, Commission staff estimates that total
annual cost associated with generating and delivering to investors the
information required under Rule 10b-10 would be $14,280,000,000.

    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Please direct your comments to: Charles Boucher, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way, Alexandria, Virginia 22312 or send
e-mail to<EMAIL_ADDRESS>
    Dated: March 25, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-7359 Filed 3-31-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 29, 2005 (Volume 70, Number 249)]
[Notices]
[Page 77215-77218]
[DOCID:fr29de05-106]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53005; File No. SR-NASD-2005-147]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to Fees for NASD Members Using Nasdaq's INET
Facility

December 22, 2005.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 9, 2005, the National Association of Securities Dealers,
Inc. (``NASD''), through its subsidiary, The Nasdaq Stock Market, Inc.
(``Nasdaq''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by Nasdaq. Nasdaq has
designated this proposal as one establishing or changing a due, fee, or
other charge imposed by the self-regulatory organization under Section
19(b)(3)(A)(ii) \3\ of the Act and Rule 19b-4(f)(2) thereunder,\4\
which renders the proposal effective upon filing with the Commission.
The Commission is

publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

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

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

    Nasdaq proposes to make additions and corrections to the fees
governing Nasdaq's INET Facility for NASD members. Nasdaq states that
it will implement the proposed rule change immediately.
    The text of the proposed rule change is below. Proposed new
language is in italics; proposed deletions are in [brackets].
* * * * *
    7010. System Services
    (a)-(v) No Change.
    (w) INET System Order Execution
    (1) For a period of time not to exceed 60 days after INET becomes a
facility of Nasdaq, the following charges shall apply to the use of the
order execution services of Nasdaq's INET System by Participants for:

        NASDAQ-Listed Securities
Order Execution:
    Non-Directed Order that accesses
     the Quote/Order of a market
     Participant through Nasdaq's INET
     System:
        Charge to Participant entering
         order:
            Average daily shares of
             liquidity provided through
             Nasdaq's INET System by
             the Participant during the
             month:
            Greater than 60 million      $0.0027 per share executed.
             shares accessed or routed
             and 5 million shares
             provided.
            Greater than 40 million      $0.0028 per share executed.
             shares but less than 60
             million shares accessed or
             routed and 5 million
             shares provided.
            Less than 5 million shares   $0.0030 per share executed.
             provided or less than 40
             million shares accessed or
             routed.
        Credit to Participant providing
         liquidity:
            Average daily shares of
             liquidity provided through
             Nasdaq's INET System by
             the Participant during the
             month:
            Greater than 30 million      $0.0025 per share executed.
             shares provided or greater
             than 30 million shares
             accessed or routed or
             greater than 50 million
             shares combined provided,
             accessed or routed.
            Less than or equal to 30     $0.002 per share executed.
             million shares provided
             and less than or equal to
             30 million shares accessed
             or routed and less than or
             equal to 50 million shares
             combined provided,
             accessed, or routed.
            Any order that matches       $0.00025 per share per side.
             against another order of
             the same Participant.
Routed Orders:
        Any other order entered by a     $0.0025 per share executed.
         Participant that is routed
         outside of Nasdaq's INET
         System.
        Any other order entered by a     $0.001 per share executed.
         Participant that is routed to
         the NASDAQ Opening or Closing
         Cross.
           AMEX-Listed Stocks
Order Execution:
    Non-Directed Order that accesses
     the Quote/Order of a market
     Participant through Nasdaq's INET
     System:
        Credit to Participant entering   $0.0009 [$0.001] per share
         order:.                          executed.
        Charge to Participant providing  $0.001 [$0.0009] per share
         liquidity:                       executed.
        Any order that matches against   No charge.
         another order of the same
         Participant.
Routed Orders:
        Any order entered by a           $0.01 per share executed.
         Participant that is routed
         outside of Nasdaq's INET
         System through DOT.
        Any order entered by a           $0.0035 per share executed.
         Participant that is routed
         outside of Nasdaq's INET
         System other than through DOT.
            AMEX-Listed ETFs
Order Execution:
    Non-Directed Order that accesses
     the Quote/Order of a market
     Participant through Nasdaq's INET
     System:
        Charge to Participant entering
         order:
            Average daily shares of
             liquidity provided through
             Nasdaq's INET System by
             the Participant during the
             month:
            Greater than 60 million      $0.0027 per share executed.
             shares accessed or routed
             and 5 million shares
             provided.
            Greater than 40 million      $0.0028 per share executed.
             shares but less than 60
             million shares accessed or
             routed and 5 million
             shares provided.
            Less than 5 million shares   $0.0030 per share executed.
             provided or less than 40
             million shares accessed or
             routed.
        Credit to Participant providing
         liquidity:

            Average daily shares of
             liquidity provided through
             Nasdaq's INET System by
             the Participant during the
             month:
            Greater than 30 million      $0.0025 per share executed.
             shares provided or greater
             than 30 million shares
             accessed or routed or
             greater than 50 million
             shares combined provided,
             accessed or routed.
            Less than or equal to 30     $0.002 per share executed.
             million shares provided
             and less than or equal to
             30 million shares accessed
             or routed and less than or
             equal to 50 million shares
             combined provided,
             accessed, or routed.
        Any order that matches against   $0.00025 per share per side.
         another order of the same
         Participant.
Routed Orders:
        Any order entered by a           $0.01 per share executed.
         Participant that is routed
         outside of Nasdaq's INET
         System [through DOT] to the
         AMEX.
        Any order entered by a           $0.0035 per share executed.
         Participant that is routed
         outside of Nasdaq's INET
         System [other than through
         DOT] other than to the AMEX.
           NYSE-Listed stocks
Order Execution:
    Non-Directed Order that accesses
     the Quote/Order of a market
     Participant through Nasdaq's INET
     System:
        Credit to Participant entering   $0.0009 [$0.001] per share
         order:.                          executed.
        Charge to Participant providing  [$0.0009].$0.001 per share
         liquidity:.                      executed.
        Any order that matches against   No charge.
         another order of the same
         Participant.
Routed Orders:
        [Any order entered by a          [$0.0005]$0.01 per share
         Participant that is routed       executed
         outside of Nasdaq's INET
         System through DOT]Any order
         entered by a Participant that
         is routed outside of Nasdaq's
         INET System through DOT that
         is charged a fee by the
         specialist (billable).
        Charge to any order entered by
         a Participant that is routed
         outside of Nasdaq's INET
         System through DOT that is not
         charged a fee by the
         specialist (non-billable):
            Average daily shares of
             billable and non-billable
             NYSE DOT shares:
            Greater than 30 million      $0.0001.
             shares.
            Greater than 2 million       $0.0003.
             shares but less than or
             equal to 30 million shares.
            Greater than 250,000 shares  $0.0005.
             but less than or equal to
             2 million shares.
            Greater than 100,000 shares  $0.001.
             but less than or equal to
             250,000 shares.
            Less than or equal to        $0.01.
             100,000 shares.
            Any order entered by a       $0.0015 per share executed.
             Participant that is routed
             outside of Nasdaq's INET
             System other than through
             DOT.

    Upon Participant's request, added liquidity among Participants that
are wholly owned by a common parent may be aggregated.

Market Data Revenue Sharing for AMEX Listed (Tape B) Securities

    Subscribers that add liquidity to the INET limit order book in Tape
B securities (e.g. AMEX listed securities) will receive 50% of the
market data revenue paid by the Consolidated Tape Association. INET
will distribute the market data revenue based on the number of tape
reportable transactions executed by the Participant, as paid to INET.
    Port Fees:
    Connectivity to Harborside Financial Center and Secaucus
Datacenters
     $400 per month for each OUCH[supreg]/FIX pair
     $400 per month for each ITCH[supreg] data feed
pair
     $400 per month for each DROP[supreg] pair
     $400 per month for each Compressed ITCH[supreg]
data feed pair
     $1000 per month for each Multicast ITCH[supreg]
data feed pair
     Internet Ports: An additional $200 per month for
each Internet port that requires additional bandwidth.
    Connectivity to Chicago Datacenter
     $800 per month for each OUCH[supreg]/FIX pair
     $800 per month for each ITCH[supreg] data feed
pair
     $800 per month for each DROP[supreg] pair
    All port fees, not including Internet Bandwidth surcharges, will be
waived for Subscribers that for a calendar month have an average daily
share volume for executed orders exceeding 30 million shares of added
liquidity.
    INET Terminal Fees:
     Each ID is subject to a minimum commission fee
of $50 per month unless it executes a minimum of 100,000 shares.
     Each ID receiving market data is subject to
pass-through fees for use of these services. Pricing for these services
is determined by the exchanges and/or market center.
     Each ID that is given web access is subject to a
$50 monthly fee.
    Portal Fees:
     Each ID is subject to a monthly user fee of $150
     Each ID receiving market data is subject to
pass-through fees for use of these services. Pricing for these services

is determined by the exchanges and/or market center.
* * * * *

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
    On December 7, 2005, the Commission approved rules and fees
governing Nasdaq's INET Facility.\5\ This filing corrects, codifies,
and establishes fee and rebate practices for INET subscribers that are
NASD members. In summary, Nasdaq states that the filing: (1) Corrects
the credit and fee schedule for American Stock Exchange (``Amex'') and
New York Stock Exchange (``NYSE'') order executions that were
incorrectly inverted in the original fee schedule; (2) codifies current
INET fees for orders executed as part of the Nasdaq Opening or Closing
Cross Process; (3) codifies current INET fee practices of revenue
sharing for Tape B securities; (4) codifies the current INET fee
structure governing connectivity and terminal charges for its
facilities; and (5) establishes a new uniform, tiered fee-structure for
orders routed to the NYSE through DOT.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 52902 (December 7,
2005), 70 FR 73810 (December 13, 2005).
---------------------------------------------------------------------------

2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 15A of the Act,\6\ in general, and with
Section 15A(b)(5) of the Act,\7\ in particular, in that the proposed
rule change 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 the NASD operates or controls.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78o-3.
    \7\ 15 U.S.C. 78o-3(b)(5).
---------------------------------------------------------------------------

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

    Nasdaq states that written comments were neither solicited nor
received.

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

    The foregoing rule change is subject to Section 19(b)(3)(A)(ii) of
the Act \8\ and subparagraph (f)(2) of Rule 19b-4 \9\ thereunder
because it establishes or changes a due, fee, or other charge imposed
by the self-regulatory organization. Accordingly, the proposal is
effective upon Commission receipt of the filing. At any time within 60
days of the filing of such 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.\10\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
    \10\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

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-NASD-2005-147 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.

All submissions should refer to File Number SR-NASD-2005-147. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the NASD. 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-NASD-2005-147 and should be submitted on or before
January 19, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
[FR Doc. E5-8042 Filed 12-28-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Notices]
[Pages 36362-36363]
[FR Doc No: 2022-12974]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0332; FMCSA-2013-0121; FMCSA-2013-0122; FMCSA-
2013-0123; FMCSA-2013-0124; FMCSA-2013-0125; FMCSA-2013-0126; FMCSA-
2015-0325; FMCSA-2015-0327; FMCSA-2016-0003; FMCSA-2017-0057; FMCSA-
2017-0059; FMCSA-2019-0111]

Qualification of Drivers; Exemption Applications; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 31
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates provided
below.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through
Friday, except Federal holidays. If you have questions regarding
viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2012-0332, FMCSA-2013-0121, FMCSA-2013-0122, FMCSA-2013-
0123, FMCSA-2013-0124, FMCSA-2013-0125, FMCSA-2013-0126, FMCSA-2015-
0325, FMCSA-2015-0327, FMCSA-2016-0003, FMCSA-2017-0057, FMCSA-2017-
0059, or FMCSA-2019-0111 in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Dockets Operations.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption request. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

II. Background

    On April 1, 2022, FMCSA published a notice announcing its decision
to renew exemptions for 31 individuals from the hearing standard in 49
CFR 391.41(b)(11) to operate a CMV in interstate commerce and requested
comments from the public (81 FR 19171). The public comment period ended
on April 1, 2022, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would achieve a level of
safety equivalent to, or greater than, the level that would be achieved
by complying with Sec.  391.41(b)(11).
    The physical qualification standard for drivers regarding hearing
found in Sec.  391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5-1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR

6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 3, 1971).

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based upon its evaluation of the 31 renewal exemption applications,
FMCSA announces its decision to exempt the following drivers from the
hearing requirement in Sec.  391.41(b)(11).
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of April and
are discussed below:
    As of April 2, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following 23 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (87 FR 19171):

Kathleen Abenchuchan (IA)
Marion Bennett (MD)
Roger Boge (IA)
Johnny Brewer (OH)
Arthur Brown (FL)
Michael Bunjer (MD)
Stephen Daniels (KS)
Keith Drown (ID)
Jerry Ferguson (TX)
Edison Garcia (MD)
James Gooch (MO)
Daniel Harnish (OR)
Jada Hart (IA)
Paul Klug (IA)
Dayton Lawson, Jr. (MI)
Calvin Payne (MD)
Kiley Peterson (IA)
Joseph Piros (CA)
Ronald Rumsey (IA)
Khon Saysanam (TX)
James Schubin (CA)
Samuel Sherman (MN)
Johnny Wu (DE)

    The drivers were included in docket number FMCSA-2013-0122, FMCSA-
2013-0124, FMCSA-2013-0125, FMCSA-2013-0126, FMCSA-2015-0325, FMCSA-
2015-0327, FMCSA-2016-0003, FMCSA-2017-0057, FMCSA-2017-0059, or FMCSA-
2019-0111. Their exemptions were applicable as of April 2, 2022 and
will expire on April 2, 2024.
    As of April 21, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (87 FR 19171):

Andrew Alcozer (IL)
Jacob Paullin (WI)
Ryan Pope (CA)
Russell Smith (OH)

    The drivers were included in docket number FMCSA-2013-0121, FMCSA-
2013-0122, or FMCSA-2013-0123. Their exemptions were applicable as of
April 21, 2022 and will expire on April 21, 2024.
    As of April 23, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (87 FR 19171):
    Donald Lynch (AR) and Zachary Rietz (TX).
    The drivers were included in docket number FMCSA-2012-0332. Their
exemptions were applicable as of April 23, 2022 and will expire on
April 23, 2024.
    As of April 24, 2022, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (87 FR 19171):
    Kwinton Carpenter (OH) and Andrey Shevchenko (MN).
    The drivers were included in docket number FMCSA-2013-0124. Their
exemptions were applicable as of April 24, 2022 and will expire on
April 24, 2024.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) the person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-12974 Filed 6-15-22; 8:45 am]
BILLING CODE 4910-EX-P


reiterates that it does not intend to prosecute or penalize parties for
inadvertent errors in reporting. The Commission's goal in setting forth
the reporting requirement is to obtain information for the evaluation
of price indices; it is not to penalize good faith efforts at
compliance. However, in contrast to the voluntary reporting to price
index publishers, the annual reporting requirement for Form No. 552

is mandatory for certain market participants. The Commission will focus
any enforcement efforts on entities that violate good faith standards,
including instances of intentional submission of false, incomplete or
misleading information to the Commission, of failure to report in the
first instance, or of failure to exercise due diligence in compiling
and reporting data.
---------------------------------------------------------------------------

    \190\ AGA Comments at 6-7; NGSA Comments at 16-17; PG&E Comments
at 6; Suez Energy North America, Inc. Comments at 10-12.
    \191\ Policy Statement at P 37.
---------------------------------------------------------------------------

2. Mandatory Reporting of Fixed-Priced Transactions
    115. Several commenters called for mandatory reporting of
individual, fixed-priced transactions.\192\ However, the Commission
will not require mandatory reporting of fixed-priced transactions to
price index publishers at this time. Mandatory reporting would appear
to provide additional benefits in that it could assist in determining
whether the price indices are an accurate reflection of underlying
fixed-priced trading. Market participants, state commissions, and the
Commission could gain a clearer sense of the volume and number of
natural gas transactions that form prices by location and duration. In
the NOPR, the Commission acknowledged these benefits, but the
Commission decided that mandatory reporting is not appropriate at this
time, citing three reasons. We review those three reasons here.
---------------------------------------------------------------------------

    \192\ See, e.g., APGA at 5-8.
---------------------------------------------------------------------------

    116. First, mandatory reporting of certain transactions would
create an incentive for wholesale buyers and sellers to consider
structuring transactions based on avoiding reporting requirements
rather than simply on the economics of the transaction. Even very
subtle shifts in the form of transactions could easily make them non-
reportable in any pre-defined system. For instance, if the Commission
required reporting of fixed-price, day-ahead transactions, market
participants could create two-day transactions, achieving substantially
the same economic result and avoiding reporting.
    117. Second, buyers and sellers might shift away from fixed-priced
transactions to indexed-price transactions. Fixed-priced transactions
could easily decrease to the point that indices that rely on them would
no longer represent reliable indicators of the market. Such indices
would likely become more volatile as they moved more in response to
fewer transactions.\193\
---------------------------------------------------------------------------

    \193\ At the October 13, 2006 technical conference in this
proceeding, several panelists raised similar concerns and advocated
against mandatory price reporting. See, e.g., Tr. at 12-13 (Mr.
Christopher Conway on behalf of Conoco-Phillips Gas and Power, the
Natural Gas Supply Association, and the Independent Producers
Association of America) (asserting that mandatory price reporting
could drive market participants away from reportable transactions,
thereby, possibly reducing liquidity); Tr. at 35-36, 38-39 (Mr. Alex
Strawn on behalf of the Process Gas Consumers Group) (asserting that
mandatory reporting of fixed price transactions would drive market
participants to use index-price transactions, thereby, reducing
liquidity); Comments of Independent Petroleum Association of
America, at p. 3, Transparency Provisions of the Energy Policy Act,
Docket No. AD06-11-000 (filed Nov. 1, 2006) (mandatory reporting
would push market participants away from reportable transactions and
cause them to do more index-price transactions); Comments of Natural
Gas Supply Association, Transparency Provisions of the Energy Policy
Act, Docket No. AD06-11-000 (filed Nov. 1, 2006) (similar).
---------------------------------------------------------------------------

    118. Third, the Commission stated that broad availability of
detailed transaction data might prove to be anticompetitive.\194\
---------------------------------------------------------------------------

    \194\ NOPR at P 60.
---------------------------------------------------------------------------

    119. In its comments, APGA disputed the three reasons asserted by
the Commission in the NOPR. It discounts the first reason asserted that
mandatory reporting creates an incentive to structure transactions to
avoid reporting. APGA contended that the burden of mandatory reporting
is not so great as to cause a significant number of market participants
``to change the way they do business.'' \195\ APGA did not deny the
existence of such an incentive and the Commission does not wish to
create such an incentive. This is particularly so given that it would
be difficult to detect whether an entity was acting on such an
incentive and, thereby, determine what effect this incentive had on
reporting of transactions. In discounting the assertion, APGA also
contended that the Commission is sufficiently creative to frame its
reporting requirement to overcome those that might seek to avoid the
reporting requirement. The Commission is not as confident. Commission
Staff cannot monitor activity so closely as to be aware of every
attempt to evade the Commission's annual reporting requirement.
Additionally, because market practices change over time, trying to
promulgate rules to account for constantly changing market dynamics
would not only place a significant demand on Commission resources, but
the level of interaction could easily interfere in the healthy,
continuing development of the markets themselves.
---------------------------------------------------------------------------

    \195\ APGA Comments at 6.
---------------------------------------------------------------------------

    120. APGA also disputed that mandatory price reporting would cause
entities to switch from fixed-priced transactions to index-priced
transactions because there is little burden to such reporting and those
that would switch would not have been reporting to price indices
anyway. The Commission does not share APGA's confidence that mandating
price reporting would not cause such switching. The Commission remains
concerned about the liquidity of the fixed-priced, next-day and next-
month wholesale natural gas markets, and would prefer to see much more
activity in these price-generating markets. Any reluctance to actively
trade fixed-priced transactions could affect liquidity in these crucial
markets.
    121. APGA disputes the assertion in the NOPR that mandatory price
reporting could lead to the potential collusion or anticompetitive
behavior because mandatory price reporting would make public detailed
transaction data. The Commission's concern would be dependent on the
exact nature of the mandatory price reporting process, though the
Commission acknowledges that simply mandating reporting to price index
publishers would not, given historical practice, put competitive
information at risk.
    122. The annual reporting requirement set forth in this final rule
can provide significant insight into the formation and use of price
indices and how they reflect underlying fixed-priced trading. Given
these benefits, at far lower costs in time and effort, the Commission
continues to believe mandatory reporting of fixed-priced transactions
is not appropriate at this time.
3. Effects on Trade Publishers
    123. In opposing the annual reporting requirement, MSCG contended
that the requirement imposes a burden on market participants simply to
benefit commercial trade publishers. As discussed above, the
transparency benefits justify the burdens imposed by the annual
reporting requirement. The Commission acknowledges that the annual
reporting requirement could benefit commercial trade publishers, but
disagrees that this is a drawback. Indeed, the comment ignores the fact
that commercial trade publishers are the most significant source of
market price information in U.S. wholesale natural gas markets. The
information they develop is used by Commission Staff to monitor market
activity, and more significantly, buyers and sellers interested in
access to market prices. Acknowledging this, Congress specifically
directed the Commission in prescribing transparency rules to ``rely on
[existing price] publishers and [trade

processing] services to the maximum extent possible.'' \196\
---------------------------------------------------------------------------

    \196\ Section 23(a)(4) of the Natural Gas Act; 15 U.S.C. 717t-
2(a)(4) (2000 & Supp. V 2005).
---------------------------------------------------------------------------

4. Information Collection Burden
    124. NEM argued that market participants' data is not currently
stored in a format that could be used to fill out the proposed form,
and, as a result, market participants would need to develop ancillary
information technology systems to store such data at significant
cost.\197\ NEM also stated that although the reporting proposal
requires annual reporting, data collection would be needed daily, which
would be costly. In requiring annual aggregated reporting of a limited
set of transactions, the Commission intends that each market
participant would have the data necessary to complete Form No. 552 in
the course of its business operations, for instance, in the course of
preparing year-end aggregations for management, accounting and
shareholder reporting purposes. The information needed to complete Form
No. 552 is information that can be extracted from the market
participant's book of accounts that it would already have developed as
part of its normal business operations. If a market participant buys or
sells natural gas under complex arrangements, then it is likely to have
an accounting system to manage the complexity and sort out the
categories of purchases and sales. The Commission bases its estimated
cost burden on a market participant adapting existing information to
the standard format for Form No. 552 and submitting the form annually.
On that basis, the Commission will retain its estimate of the cost
burden as set forth in the NOPR. This estimate does not include the
regulatory and compliance costs attributable to reporting as those
costs are part of the overhead that market participants bear as part of
their participation in Commission-regulated markets. Although Sequent
asserted that asset managers would have to renegotiate contracts to
provide for the annual reporting requirement, the Commission considers
it likely that such asset management agreements already require
collection of the transactions executed which could be used to complete
Form No. 552.
---------------------------------------------------------------------------

    \197\ NEM Comments at 6-7.
---------------------------------------------------------------------------

VI. Information Collection Statement

    125. The Office of Management and Budget (OMB) regulations require
that OMB approve certain reporting, record keeping, and public
disclosure (collections of information) imposed by an agency.\198\
Pursuant to OMB regulations, the Commission will provide notice of its
proposed information collections to OMB for review under section
3507(d) of the Paperwork Reduction Act of 1995.\199\
---------------------------------------------------------------------------

    \198\ 5 CFR 1320.11.
    \199\ 44 U.S.C. 3507(d).
---------------------------------------------------------------------------

    126. The Commission identifies the information provided under Part
260 as contained in FERC Form No. 552. The Commission solicited
comments on the need for this information, whether the information
would provide useful transparency information, ways to enhance the
quality, utility, and clarity of the information to be collected, and
any suggested methods for minimizing respondents' burden. Where
commenters raised concerns that information collection requirements
would be burdensome to implement, the Commission has addressed those
concerns elsewhere in the rule.
    127. The Commission estimates the burden for complying with the
final rule as follows:

----------------------------------------------------------------------------------------------------------------
                                                                     Estimated                       Estimated
                                     Number of       Number of     annual burden   Total annual      start-up
         Data collection            respondents    responses per     hours per     hours for all    burden per
                                                    respondent      respondent      respondents     respondent
----------------------------------------------------------------------------------------------------------------
        Part 260 FERC-552
Annual Reporting Requirement....           1,500      1 per year               4           6,000       40 hours.
----------------------------------------------------------------------------------------------------------------

    Information Collection Costs: The average annualized cost for each
respondent is projected to be the following:

----------------------------------------------------------------------------------------------------------------
                                                             Annualized
                                                          capital/startup                       Annualized costs
                                                           costs (10-year      Annual costs          total
                                                           amortization)
----------------------------------------------------------------------------------------------------------------
                        FERC-552
Annual Reporting Requirement...........................               $400               $400               $800
----------------------------------------------------------------------------------------------------------------

    Title: FERC-552.
    Action: Proposed Information Filing.
    OMB Control No: 1902-0242.
    Respondents: Business or other for profit.
    Frequency of Responses: Annually.
    Necessity of the Information: The annual filing of transaction
information by market participants is necessary to provide information
regarding the size of the physical natural gas market, the use of the
natural gas spot markets and the use of fixed- and indexed-price
transactions.
    128. Internal Review: The Commission has reviewed the requirements
pertaining to natural gas market participants and determined they are
necessary to provide price and availability information regarding the
sale of natural gas in interstate markets.
    129. Interested persons may obtain information on the annual
reporting requirements by contacting: Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426, [Attention:
Michael Miller, Office of the Chief Information Officer], phone: (202)
502-8415, fax:<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
Comments on the requirements of the final rule also may be sent to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Washington, DC 20503 [Attention: Desk Officer for the Federal
Energy Regulatory Commission].
    130. For submitting comments concerning the collections of
information and the associated burden estimates, please send your
comments to the contact listed above and to the

Office of Information and Regulatory Affairs, Office of Management and
Budget, 725 17th Street, NW., Washington, DC 20503 Attention: Desk
Officer for the Federal Energy Regulatory Commission, phone (202) 395-
3122, fax:<PHONE_NUMBER>. Due to security concerns, comments should be
sent electronically to the following e-mail address:
<EMAIL_ADDRESS>Please reference the docket number of this

rulemaking in your submission.

VII. Environmental Analysis

    131. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\200\ The
actions taken here fall within categorical exclusions in the
Commission's regulations for information gathering, analysis, and
dissemination, and for sales, exchange, and transportation of natural
gas that requires no construction of facilities.\201\ Therefore, an
environmental assessment is unnecessary and has not been prepared in
this rulemaking.
---------------------------------------------------------------------------

    \200\ Order No. 486, Regulations Implementing the National
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs, ] 30,783 (1987).
    \201\ 18 CFR 380.4(a)(5) & (a)(27).
---------------------------------------------------------------------------

VIII. Regulatory Flexibility Act

    132. The Regulatory Flexibility Act of 1980 (RFA) \202\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
The RFA requires consideration of regulatory alternatives that
accomplish the stated objectives of a proposed rule and that minimize
any significant economic impact on such entities. The RFA does not,
however, mandate any particular outcome in a rulemaking. At a minimum,
agencies are to consider the following alternatives: Establishment of
different compliance or reporting requirements for small entities or
timetables that take into account the resources available to small
entities; clarification, consolidation, or simplification of compliance
and reporting requirements for small entities; use of performance
rather than design standards; and exemption for certain or all small
entities from coverage of the rule, in whole or in part.
---------------------------------------------------------------------------

    \202\ 5 U.S.C. 601-612.
---------------------------------------------------------------------------

    133. The annual reporting requirement set forth in the final rule
will not have a significant economic impact on a substantial number of
small entities. The requirement for annual reporting of physical
natural gas transactions will have minimal impact on small entities. By
incorporating a de minimis exemption into the regulations, the
Commission has reduced the number of small entities subject to the
requirements: de minimis entities without blanket sales certificates
will not be required to report. This reporting requirement will affect
small entities but the burden on them will be minimal. For each entity,
small or otherwise, that is required to comply with the annual
reporting requirement, the Commission estimates that the compliance
would require a one-time cost of approximately $4,000 and an annual
cost thereafter of $400. Although some costs would increase for market
participants with a greater number of transactions, we expect that the
increase would be likely offset because such entities would have
already compiled information regarding their transactions in the
aggregate. This amount is not a significant burden on small entities.
The de minimis exemption provides a regulatory alternative that will
reduce the economic impact on certain small entities from coverage of
the rule. Accordingly, the Commission certifies that the final rule
will not have a significant economic impact on a substantial number of
small entities.

IX. Document Availability

    134. In addition to publishing the full text of this document in
the Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through FERC's Home Page (http://www.ferc.gov) and in FERC's

Public Reference Room during normal business hours (8:30 a.m. to 5
p.m., eastern time) at 888 First Street, NE., Room 2A, Washington DC
20426.
    135. From FERC's Home Page on the Internet, this information is
available on eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field.
    136. User assistance is available for eLibrary and the FERC's Web
site during normal business hours from FERC Online Support at 202-502-
6652 (toll free at 1-866-208-3676) or e-mail at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-

8371, TTY<PHONE_NUMBER>. E-mail the Public Reference Room at
<EMAIL_ADDRESS>

X. Effective Date and Congressional Notification

    137. These regulations are effective February 4, 2008. The
Commission has determined, with the concurrence of the Administrator of
the Office of Information and Regulatory Affairs of OMB, that this rule
is not a ``major rule'' as defined in section 351 of the Small Business
Regulatory Enforcement Fairness Act of 1996. The Commission will submit
the final rule to both houses of Congress and to the General
Accountability Office.

List of Subjects

18 CFR Part 260

    Natural gas; Reporting and recordkeeping requirements.

18 CFR Part 284

    Continental shelf; Natural gas; Reporting and recordkeeping
requirements.

18 CFR Part 385

    Administrative practice and procedure; Electric power; Penalties;
Pipelines; Reporting and recordkeeping requirements.

    By the Commission.
Kimberly D. Bose,
Secretary.

0
For the reasons stated in the preamble, the Federal Energy Regulatory
Commission, amends 18 CFR Chapter I as follows.

PART 260--STATEMENTS AND REPORTS (SCHEDULES)

0
1. The authority citation for part 260 continues to read as follows:

    Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352.

0
2. Section 260.401 is added to read as follows:

Sec.  260.401  FERC Form No. 552, Annual Report of Natural Gas
Transactions.

    (a) Prescription. The annual reporting report for natural gas
market participants, designated as FERC Form No. 552, is prescribed for
the calendar year ending December 31, 2008 and each calendar year
thereafter.
    (b) Filing requirements--(1) Who must file. Unless otherwise
exempted or granted a waiver by Commission rule or order, each natural
gas market participant, i.e., any buyer or seller that engaged in
wholesale, physical natural gas transactions the previous calendar
year, must prepare and file with the Commission a FERC Form No. 552
pursuant to the definitions and general instructions set forth in that
form. As a

de minimis exemption, a natural gas market participant is exempt from
this filing requirement if:
    (i) It does not hold a blanket sales certificate pursuant to Sec.
284.402 of this chapter or a blanket unbundled sales certificate
pursuant to Sec.  284.284 of this chapter; and
    (ii) It engages either in wholesale, physical natural gas sales
that amount to less than 2,200,000 MMBtus for the previous calendar
year or wholesale physical natural gas purchases that amount to less
than 2,200,000 MMBtus for the previous calendar year.
    (2) Form No. 552 must be filed as prescribed in Sec.  385.2011 of
this chapter as indicated in the General Instructions set out in the
annual reporting form, and must be properly completed and verified.
Each market participant must file Form No. 552 by May 1, 2009 for
calendar year 2008 and by May 1 of each year thereafter for the
previous calendar year. Each report must be prepared in conformance
with the Commission's software and guidance posted and available for
downloading from the FERC Web site (http://www.ferc.gov). One copy of

the report must be retained by the respondent in its files.

PART 284--CERTAIN SALES AND TRANSPORTATION OF NATURAL GAS UNDER THE
NATURAL GAS POLICY ACT OF 1978 AND RELATED AUTHORITIES

0
3. The authority citation for part 284 continues to read as follows:

    Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352;
43 U.S.C. 1331-1356.

0
4. In Sec.  284.288, paragraph (a) is revised to read as follows:

Sec.  284.288  Code of conduct for unbundled sales service.

    (a) To the extent Seller engages in reporting of transactions to
publishers of electricity or natural gas indices, Seller must provide
accurate and factual information, and not knowingly submit false or
misleading information or omit material information to any such
publisher, by reporting its transactions in a manner consistent with
the procedures set forth in the Policy Statement on Natural Gas and
Electric Price Indices, issued by the Commission in Docket No. PL03-3-
000 and any clarifications thereto. Seller must notify the Commission
as part of its FERC Form No. 552 annual reporting requirement in Sec.
260.401 of this chapter whether it reports its transactions to
publishers of electricity and natural gas indices. In addition, Seller
must adhere to any other standards and requirements for price reporting
as the Commission may order.
* * * * *

0
5. In Sec.  284.403, paragraph (a) is revised to read as follows:

Sec.  284.403  Code of conduct for persons holding blanket marketing
certificates.

    (a) To the extent Seller engages in reporting of transactions to
publishers of electricity or natural gas indices, Seller must provide
accurate and factual information, and not knowingly submit false or
misleading information or omit material information to any such
publisher, by reporting its transactions in a manner consistent with
the procedures set forth in the Policy Statement on Natural Gas and
Electric Price Indices, issued by the Commission in Docket No. PL03-3-
000 and any clarifications thereto. Seller must notify the Commission
as part of its FERC Form No. 552 annual reporting requirement in Sec.
260.401 of this chapter whether it reports its transactions to
publishers of electricity and natural gas indices. In addition, must
shall adhere to any other standards and requirements for price
reporting as the Commission may order.
* * * * *

PART 385--RULES OF PRACTICE AND PROCEDURE

0
6. The authority citation for part 385 continues to read as follows:

    Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16
U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701;
42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App.
U.S.C. 1-85 (1988).

0
7. In Sec.  385.2011, paragraph (a)(11) is added to read as follows:

Sec.  385.2011  Procedures for filing in electronic media (Rule 2011).

    (a) * * *
    (11) FERC Form No. 552, Annual Report of Natural Gas Transactions.

    Note: The following appendix will not be published in the Code
of Federal Regulations.

Appendix A to Final Rule

BILLING CODE 6717-01-P

[GRAPHIC] [TIFF OMITTED] TR04JA08.010

[GRAPHIC] [TIFF OMITTED] TR04JA08.011

[GRAPHIC] [TIFF OMITTED] TR04JA08.012

[GRAPHIC] [TIFF OMITTED] TR04JA08.013

[GRAPHIC] [TIFF OMITTED] TR04JA08.014

[GRAPHIC] [TIFF OMITTED] TR04JA08.015

[GRAPHIC] [TIFF OMITTED] TR04JA08.016

[GRAPHIC] [TIFF OMITTED] TR04JA08.017

[GRAPHIC] [TIFF OMITTED] TR04JA08.018

[GRAPHIC] [TIFF OMITTED] TR04JA08.019

 [FR Doc. E7-25478 Filed 1-3-08; 8:45 am]

BILLING CODE 6717-01-C