[Federal Register Volume 78, Number 151 (Tuesday, August 6, 2013)]
[Rules and Regulations]
[Pages 47531-47534]
[FR Doc No: 2013-18570]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0564; Directorate Identifier 2010-SW-013-AD;
Amendment 39-17494; AD 2013-13-06]
RIN 2120-AA64

Airworthiness Directives; Various Restricted Category Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Arrow
Falcon Exporters, Inc. (previously Utah State University); Firefly
Aviation Helicopter Services (previously Erickson Air-Crane Co.);
California Department of Forestry; Garlick Helicopters, Inc.; Global
Helicopter Technology, Inc.; Hagglund Helicopters, LLC (previously
Western International Aviation, Inc.); International Helicopters, Inc.;
Precision Helicopters, LLC; Robinson Air Crane, Inc.; San Joaquin
Helicopters (previously Hawkins and Powers Aviation, Inc.); S.M.&T.
Aircraft (previously US Helicopters, Inc., UNC Helicopter, Inc.,
Southern Aero Corporation, and Wilco Aviation); Smith Helicopters;
Southern Helicopter, Inc.; Southwest Florida Aviation International,
Inc. (previously Jamie R. Hill and Southwest Florida Aviation);
Tamarack Helicopters, Inc. (previously Ranger Helicopter Services,
Inc.); US Helicopter, Inc. (previously UNC Helicopter, Inc.); West
Coast Fabrication; and Williams Helicopter Corporation (previously
Scott Paper Co.) Model HH-1K, TH-1F, TH-1L, UH-1A, UH-1B, UH-1E, UH-1F,
UH-1H, UH-1L, and UH-1P Helicopters; and Southwest Florida Aviation
Model UH-

1B (SW204 and SW204HP) and UH-1H (SW205) Helicopters. This AD requires
creating a component history card or equivalent record for each main
rotor grip (grip); determining and recording the total hours time-in-
service (TIS) for each grip; visually inspecting the upper and lower
tangs of the grip for a crack; inspecting the grip buffer pads for
delamination and if delamination is present, inspecting the grip
surface for corrosion or other damage; inspecting the grip for a crack
using ultrasonic (UT) and fluorescent penetrant inspection methods; and
establishing a retirement life for certain grips. This AD was prompted
by three in-flight failures of grips installed on Bell Helicopter
Textron (Bell) Model 212 helicopters, which resulted from cracks
originating in the lower main rotor blade bolt lug. The actions are
intended to prevent failure of the grip, separation of a main rotor
blade, and subsequent loss of control of the helicopter.

DATES: This AD is effective September 10, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain documents listed in this AD as of September 10,
2013.

ADDRESSES: For service information identified in this AD, contact Bell
Helicopter Textron, Inc., P.O. Box 482, Fort Worth, TX 76101; telephone
(817) 280-3391; fax<PHONE_NUMBER>; or at http://www.bellcustomer.com/files/. You may review a copy of the referenced service information at
the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham
Blvd., Room 663, Fort Worth, Texas 76137.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, any incorporated-by-reference
service information, the economic evaluation, any comments received,
and other information. The street address for the Docket Operations
Office (phone:<PHONE_NUMBER>) is U.S. Department of Transportation,
Docket Operations Office, M-30, West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Michael Kohner, Aviation Safety
Engineer, Rotorcraft Certification Office, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On July 8, 2010, at 75 FR 39192, the Federal Register published our
notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR
part 39 to include an AD that would apply to Arrow Falcon Exporters,
Inc. (previously Utah State University); Firefly Aviation Helicopter
Services (previously Erickson Air-Crane Co.); California Department of
Forestry; Garlick Helicopters, Inc.; Global Helicopter Technology,
Inc.; Hagglund Helicopters, LLC (previously Western International
Aviation, Inc.); International Helicopters, Inc.; Precision
Helicopters, LLC; Robinson Air Crane, Inc.; San Joaquin Helicopters
(previously Hawkins and Powers Aviation, Inc.); S.M.&T. Aircraft
(previously US Helicopters, Inc., UNC Helicopter, Inc., Southern Aero
Corporation, and Wilco Aviation); Smith Helicopters; Southern
Helicopter, Inc.; Southwest Florida Aviation International, Inc.
(previously Jamie R. Hill and Southwest Florida Aviation); Tamarack
Helicopters, Inc. (previously Ranger Helicopter Services, Inc.); US
Helicopter, Inc. (previously UNC Helicopter, Inc.); West Coast
Fabrication; and Williams Helicopter Corporation (previously Scott
Paper Co.) Model HH-1K, TH-1F, TH-1L, UH-1A, UH-1B, UH-1E, UH-1F, UH-
1H, UH-1L, and UH-1P Helicopters; and Southwest Florida Aviation Model
UH-1B (SW204 and SW204HP) and UH-1H (SW205) Helicopters with certain
grips installed. The NPRM proposed to require creating a component
history card or equivalent record for each grip; determining and
recording the total hours TIS for each grip; visually inspecting the
upper and lower tangs of the grip for a crack; inspecting the grip
buffer pads for delamination and if delamination is present, inspecting
the grip surface for corrosion or other damage; inspecting the grip for
a crack using UT and fluorescent penetrant inspection methods; and
establishing a retirement life for certain grips. The NPRM was prompted
by reports of three in-flight failures of grips, P/N 204-011-121-009
and 204-011-121-121, installed on Bell Model 212 helicopters. The
failures resulted from cracks originating in the lower blade bolt lug.
The cracking was attributed to subsurface fatigue, corrosion and
mechanical damage. Grips with these same P/Ns are eligible for
installation on certain restricted category helicopters. Grips, P/N
204-044-121-005 and 204-044-121-113, are also affected if they were
ever installed on a Model 205B or UH-1N helicopter. The proposed
requirements were intended to prevent failure of the grip, separation
of a main rotor blade, and subsequent loss of control of the
helicopter.

Comments

    We gave the public the opportunity to participate in developing
this AD, but we did not receive any comments on the NPRM (75 FR 39192,
July 8, 2010).

FAA's Determination

    We have reviewed the relevant information and determined that an
unsafe condition exists and is likely to exist or develop on other
products of these same type designs and that air safety and the public
interest require adopting the AD requirements as proposed except for we
are incorporating the figure by reference instead of including it in
our AD and other minor changes to meet current publication
requirements. These changes are consistent with the intent of the
proposals in the NPRM (75 FR 39192, July 8, 2010) and will not increase
the economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    We estimate that this AD will affect 20 helicopters of U.S.
registry and that labor costs will average $85 per work-hour. Based on
these estimates, we expect the following costs:
     Creating new component history cards or the equivalent
will require two work-hours for a labor cost of $170 per helicopter,
$3,400 for the U.S. fleet.
     Maintaining records will require five work-hours per year
for a labor cost of $425.
     Conducting 24 visual inspections using a magnifying glass
will require 12 work-hours per year for a labor cost of $1,020.
     \1/2\ of a buffer pad inspection: 1.5 hours per year for a
labor cost of $128.
     \1/4\ of a fluorescent penetrant inspection: .5 work hour
per year for a labor cost of $43.
     4 UT inspections: 4 work hours per year for a labor cost
of $340.
     Removing and replacing a grip set will require 20 work
hours per year. A set of grips will cost $37,590, for total cost of
$39,290 per helicopter.

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 to the extent
that it justifies making a regulatory distinction; 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.
    We prepared an economic evaluation of the estimated costs to comply
with this AD and placed it in the AD docket.

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):

2013-13-06 Various Restricted Category Helicopters: Amendment 39-
17494; Docket No. FAA-2010-0564; Directorate Identifier 2010-SW-013-
AD.

(a) Applicability

    This AD applies to Arrow Falcon Exporters, Inc. (previously Utah
State University); Firefly Aviation Helicopter Services (previously
Erickson Air-Crane Co.); California Department of Forestry; Garlick
Helicopters, Inc.; Global Helicopter Technology, Inc.; Hagglund
Helicopters, LLC (previously Western International Aviation, Inc.);
International Helicopters, Inc.; Precision Helicopters, LLC;
Robinson Air Crane, Inc.; San Joaquin Helicopters (previously
Hawkins and Powers Aviation, Inc.); S.M.&T. Aircraft (previously US
Helicopters, Inc., UNC Helicopter, Inc., Southern Aero Corporation,
and Wilco Aviation); Smith Helicopters; Southern Helicopter, Inc.;
Southwest Florida Aviation International, Inc. (previously Jamie R.
Hill and Southwest Florida Aviation); Tamarack Helicopters, Inc.
(previously Ranger Helicopter Services, Inc.); US Helicopter, Inc.
(previously UNC Helicopter, Inc.); West Coast Fabrication; and
Williams Helicopter Corporation (previously Scott Paper Co.) Model
HH-1K, TH-1F, TH-1L, UH-1A, UH-1B, UH-1E, UH-1F, UH-1H, UH-1L, and
UH-1P Helicopters; and Southwest Florida Aviation Model UH-1B (SW204
and SW204HP) and UH-1H (SW205) Helicopters with main rotor grip
(grip) part number (P/N) 204-011-121-009, 204-011-121-121, or ASI-
4011-121-9, installed, or with grip P/N 204-011-121-005 or 204-011-
121-113, if the grip was ever installed on a Model 205B or a Model
UH-1N helicopter, or P/N 204-011-121-117, installed, if the grip was
ever installed on a Model 205B helicopter, certificated in any
category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in the lower
main rotor blade bolt lug. This condition could result in failure of
a grip, separation of a main rotor blade, and subsequent loss of
control of the helicopter.

(c) Effective Date

    This AD becomes effective September 10, 2013.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) Within 10 hours time-in-service (TIS), create a component
history card or equivalent record and determine and record the total
hours TIS for each grip. If the total hours TIS cannot be determined
from the helicopter records, assume and record 50 hours TIS for each
month for which the hours cannot be determined with the grip
installed on any helicopter. Continue to count and record the hours
TIS and begin to count and record the number of times the helicopter
engine(s) are started (engine start/stop cycles).
    (2) Within 10 hours TIS, and then at intervals not to exceed 25
hours TIS, without removing the main rotor blades:
    (i) Clean the exposed surfaces of the upper and lower tangs of
each grip with denatured alcohol and wipe dry.
    (ii) Using a 10X or higher magnifying glass, visually inspect
the exposed surfaces of the upper and lower tangs of each grip for a
crack. Pay particular attention to the lower surface of each lower
grip tang from the main rotor blade bolt-bushing flange to the
leading and trailing edge of each grip tang as depicted in Figure 5-
7, Inspection of Main Rotor Hub Grip (1200 Hours), Revision 9, dated
August 8, 2008, of Chapter 5, Inspections and Component Overhaul
Schedule, Revision 11, dated April 30, 2010, of Bell Helicopter
Textron, Inc. (BHTI), BHT-212-MM-1, Revision 13, dated September 16,
2010.
    (iii) At the intervals shown in Table 1 to Paragraph (e) of this
AD, ultrasonic (UT) inspect each grip for a crack in accordance with
the BHTI Nondestructive Inspection Procedure, Log No. 00-340,
Revision E, dated April 9, 2002. The UT inspection of the grip must
be performed by a Nondestructive Testing (NDT) UT Level I Special,
Level II, or Level III inspector who is qualified under the
guidelines established by MIL-STD-410E, ATA Specification 105, AIA-
NAS-410, or an FAA-accepted equivalent for qualification standards
of NDT Inspection/Evaluation Personnel.

                                            Table 1 to Paragraph (e)
----------------------------------------------------------------------------------------------------------------
                                                                                Thereafter, at intervals not to
                                                                                exceed the following number of
                                                             Within 30 days,  hours TIS or the engine start/stop
                   UT inspect grip, P/N                      for a grip with    cycles, whichever occurs first:
                                                            the following or -----------------------------------
                                                             more hours TIS:                      Engine start/
                                                                                Hours TIS        stop cycles
----------------------------------------------------------------------------------------------------------------
204-011-121-009 or ASI-4011-121-9.........................             4,000               400             1,600
204-011-121-121...........................................               500               150               600

204-011-121-005 or -113, if the grip was EVER installed on             4,000               400             1,600
 a Model 205B or Model UH-1N helicopter...................
204-011-121-117, if the grip was EVER installed on a Model               500               150               600
 205B helicopter..........................................
----------------------------------------------------------------------------------------------------------------

    (3) At intervals not to exceed 1,200 hours TIS or 24 months,
whichever occurs first:
    (i) Remove each main rotor blade, and
    (ii) Inspect each grip buffer pad on the inner surfaces of each
grip tang for delamination as depicted in Figure 5-7, Inspection of
Main Rotor Hub Grip (1200 Hours), Revision 9, dated August 8, 2008,
of Chapter 5, Inspections and Component Overhaul Schedule, Revision
11, dated April 30, 2010, of Bell Helicopter Textron, Inc., BHT-212-
MM-1, Revision 13, dated September 16, 2010. If there is any
delamination, remove the buffer pad and inspect the grip surface for
corrosion or other damage.
    (4) Within 2,400 hours TIS or at the next overhaul of the main
rotor hub, whichever occurs first, and then at intervals not to
exceed 2,400 hours TIS:
    (i) Remove each main rotor blade.
    (ii) Remove each grip buffer pad (if installed) from the inner
surfaces of each grip tang.
    (iii) Visually inspect the grip surfaces for corrosion or other
damage.
    (iv) Fluorescent-penetrant inspect (FPI) the grip for a crack,
paying particular attention to the upper and lower grip tangs. When
inspecting a grip, P/N 204-011-121-005, 204-011-121-009, or 204-011-
121-113, or ASI-4011-121-9, pay particular attention to the leading
and trailing edges of the grip barrel.
    (5) Before further flight:
    (i) Replace any cracked grip with an airworthy grip.
    (ii) Replace any grip with any corrosion or other damage with an
airworthy grip, or repair the grip if the corrosion or other damage
is within the maximum repair limitations.
    (iii) Remove any grip, P/N 204-011-121-009 or ASI-4011-121-9,
that has been in service for 15,000 or more hours TIS.
    (iv) Remove any grip, P/N 204-011-121-121, that has been in
service for 25,000 or more hours TIS.
    (6) Revise the Airworthiness Limitations section of the
applicable maintenance manual or the Instructions for Continued
Airworthiness (ICA) by establishing a new retirement life of 15,000
hours TIS for grip, P/N 204-011-121-009 or ASI-4011-121-9, and
25,000 hours TIS for grip, P/N 204-011-121-121, by marking pen and
ink changes or inserting a copy of this AD into the maintenance
manual or ICA.
    (7) Record a 15,000 hour TIS life limit for each grip, P/N 204-
011-121-009 or ASI-4011-121-9, and a 25,000 hour life limit for each
grip, P/N 204-011-121-121, on the applicable component history card
or equivalent record.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Rotorcraft Certification Office, FAA, may
approve AMOCs for this AD. Send your proposal to: Michael Kohner,
Aviation Safety Engineer, Rotorcraft Certification Office,
Rotorcraft Directorate, FAA, 2601 Meacham Blvd., Fort Worth, Texas
76137; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    BHTI Alert Service Bulletin (ASB) 212-94-92, Revision A, dated
March 13, 1995; BHTI Operations Safety Notice (OSN) 204-85-6, OSN
205-85-9, and OSN 212-85-13, all dated November 14, 1985 and co-
published as one document; BHTI ASB 205B-02-39, Revision B, dated
November 22, 2002; and BHTI ASB 212-02-116, Revision A, dated
October 30, 2002, which are not incorporated by reference, contain
additional information about the subject of this AD.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 6220, Main rotor
head.

(i) 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) Bell Helicopter Textron, Inc. Nondestructive Inspection
Procedure, Log No. 00-340, Revision E, dated April 9, 2002.
    (ii) Figure 5-7, Inspection of Main Rotor Hub Grip (1200 Hours),
Revision 9, dated August 8, 2008, of Chapter 5, Inspections and
Component Overhaul Schedule, Revision 11, dated April 30, 2010, of
Bell Helicopter Textron, Inc., BHT-212-MM-1, Revision 13, dated
September 16, 2010.
    (3) For BHTI service information identified in this AD, contact
Bell Helicopter Textron, Inc., P.O. Box 482, Fort Worth, TX 76101;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at http://www.bellcustomer.com/files/.
    (4) You may review a copy of this service information at the
FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham
Blvd., Room 663, Fort Worth, Texas 76137.
    (5) You may also review a copy of this service information at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on June 18, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2013-18570 Filed 8-5-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 25, 2009 (Volume 74, Number 56)]
[Rules and Regulations]
[Page 12651-12653]
[DOCID:fr25mr09-31]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-B-1039]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Mitigation Assistant
Administrator of FEMA reconsider the changes. The modified BFEs may be
changed during the 90-day period.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Engineering
Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required to either adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own, or pursuant to policies established by the
other Federal, State, or regional entities. The changes BFEs are in
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This interim rule involves no
policies

that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Date and name of
         State and county           Location and Case No.     newspaper where     Chief executive officer    Effective date of modification   Community
                                                           notice was published         of community                                             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona:
    Maricopa......................  Unincorporated areas   January 8, 2009;      The Honorable Andrew W.    May 15, 2009...................       040037
                                     of Maricopa County     January 15, 2009;     Kunasek, Chairman,
                                     (09-09-0381P).         Arizona Business      Maricopa County Board of
                                                            Gazette.              Supervisors, 301 West
                                                                                Jefferson Street, 10th
                                                                                Floor, Phoenix, AZ 85003.
    Maricopa......................  City of Tolleson (09-  January 8, 2009;      The Honorable Charles P.   May 15, 2009...................       040055
                                     09-0381P).             January 15, 2009;     Hayes, Mayor, City of
                                                            Arizona Business      Tolleson, 9555 West Van
                                                            Gazette.              Buren Street, Tolleson,
                                                                                AZ 85353.
California:
    Riverside.....................  City of La Quinta (08- January 10, 2008;     The Honorable Donald       December 18, 2007..............       060709
                                     09-0307P).             January 17, 2008;     Adolph, Mayor, City of
                                                            The Press             La Quinta, P.O. Box
                                                            Enterprise.           1504, La Quinta, CA
                                                                                92247.
    San Diego.....................  City of San Diego (08- January 23, 2009;     The Honorable Jerry        June 2, 2009...................       060295
                                     09-1767P).             January 30, 2009;     Sanders, Mayor, City of
                                                            San Diego             San Diego, 202 C Street,
                                                            Transcript.           11th Floor, San Diego,
                                                                                CA 92101.
Colorado:
    Denver........................  City and County of     December 17, 2008;    The Honorable John W.      December 9, 2008...............       080046
                                     Denver (08-08-0948P).  December 24, 2008;    Hickenlooper, Mayor,
                                                            Rocky Mountain News.  City and County of
                                                                                Denver, 1437 Bannock
                                                                                Street, Suite 350,
                                                                                Denver, CO 80202.
Indiana: Hamilton.................  Town of Fishers (08-   January 22, 2009;     The Honorable Christine    January 13, 2009...............       180423
                                     05-0876P).             January 29, 2009;     Altman, Hamilton County
                                                            Noblesville Ledger.   Board of Commissioners,
                                                                                One Hamilton County
                                                                                Square, Noblesville, IN
                                                                                46060.
Missouri: Phelps..................  City of Rolla (08-07-  October 10, 2008;     The Honorable William      February 20, 2009..............       290285
                                     0803P).                October 16, 2008;     Jenks III, Mayor, City
                                                            Rolla Daily News.     of Rolla, P.O. Box 979,
                                                                                Rolla, MO 65401.
North Carolina: Iredell...........  Iredell County         January 7, 2009;      Mr. Joel Mashburn,         May 14, 2009...................       370313
                                     (Unincorporated        January 14, 2009;     Manager, Iredell County,
                                     Areas) (08-04-2756P).  Statesville Record    P.O. Box 788,
                                                            & Landmark.           Statesville, NC 28687.
Ohio: Montgomery..................  Unincorporated areas   July 23, 2008; July   The Honorable Deborah A.   November 27, 2008..............       390775
                                     of Montgomery County   30, 2008; Englewood   Lieberman, County
                                     (08-05-2057P).         Independent.          Commissioner, 451 West
                                                                                Third Street, 11th
                                                                                Floor, Dayton, OH 45422.
Tennessee: Wilson.................  City of Mount Juliet   January 9, 2009;      The Honorable Linda C.     May 18, 2009...................       470290
                                     (08-04-4369P).         January 16, 2009;     Elam, Mayor, City of Mt.
                                                            Lebanon Democrat.     Juliet, P.O. Box 256,
                                                                                Mt. Juliet, TN 37121.
Texas:
    Ellis.........................  City of Waxahachie     October 1, 2008;      The Honorable Ron          February 5, 2009...............       480211
                                     (08-06-1778P).         October 8, 2008;      Wilkinson, Mayor, City
                                                            Waxahachie Daily      of Waxahachie, P.O. Box
                                                            Light.                757, Waxahachie, TX
                                                                                75168-0757.
    Hays..........................  City of Buda (07-06-   May 9, 2007; May 16,  The Honorable John Trube,  August 15, 2007................       481640
                                     1994P re-issues 0.6-   2007; Hays County     Mayor, City of Buda, P.
                                     06-B986P).             Free Press.           O. Box 1218, Buda, TX
                                                                                78610.
    Hays..........................  Unincorporated areas   May 9, 2007; May 16,  The Honorable Jim Powers,  August 15, 2007................       480321
                                     of Hays County (07-    2007; Hays County     Hays County Judge, 111
                                     06-1994P re-issues     Free Press.           East San Antonio Street,
                                     0.6-06-B986P).                               Suite 300, San Marcos,
                                                                                TX 78666.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: February 25, 2009.
Michael K. Buckley,
Acting Assistant Administrator, Mitigation Directorate, Department of
Homeland Security, Federal Emergency Management Agency.
 [FR Doc. E9-6676 Filed 3-24-09; 8:45 am]

BILLING CODE 9110-12-P


[Federal Register: May 21, 2007 (Volume 72, Number 97)]
[Notices]
[Page 28485-28486]
[DOCID:fr21my07-36]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

May 11, 2007.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC07-86-000.
    Applicants: PurEnergy Caledonia, LLC; Caledonia Generating, LLC.
    Description: PurEnergy Caledonia, LLC and Caledonia Generating, LLC
submits an Application for Authorization under section 203 of the FPA.
    Filed Date: 05/04/2007.
    Accession Number: 20070510-0166.
    Comment Date: 5 p.m. Eastern Time on Friday, May 25, 2007.

    Docket Numbers: EC07-87-000.
    Applicants: Oncor Electric Delivery Company; TXU Portfolio
Management Company LP; Texas Energy Future Holdings Limited
Partnership.
    Description: Oncor Electric Delivery Company, et al. submit a joint
application for authorization under section 203 of the FPA for
Disposition of Jurisdictional Facilities and request for blanket
authorization.
    Filed Date: 05/04/2007.
    Accession Number: 20070510-0168.
    Comment Date: 5 p.m. Eastern Time on Monday, June 18, 2007.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG07-49-000.
    Applicants: Sweetwater Wind 4 LLC.
    Description: Sweetwater Wind 4 LLC submits notice of self-
certification of its status as an exempt wholesale generator.
    Filed Date: 05/02/2007.
    Accession Number: 20070507-0208.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 23, 2007.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER95-1528-016; ER96-1088-043; ER01-2659-010; ER02-
2199-008; ER03-54-008; ER07-585-002; ER03-56-008; ER96-1858-021; ER03-
674-010; ER99-1936-009; ER01-1114-009; ER97-2758-016; ER05-89-009.
    Applicants: Wisconsin Public Service Corporation; WPS Power
Development, LLC and WPS Energy Services, Inc.; Combined Locks Energy
Center, LLC; WPS Empire State, Inc.; WPS Beaver Falls Generation, LLC;
Niagara Generation, LLC; WPS Syracuse Generation, LLC; Mid-American
Power, LLC; Quest Energy, LLC; WPS Canada Generation, Inc. and WPS New
England Generation, Inc.; WPS Westwood Generation, LLC; Advantage
Energy, Inc.; Upper Peninsula Power Company.
    Description: Integrys Energy Group, Inc submits Notice of Change in
Status as set forth in the Commission's Order 652.
    Filed Date: 04/30/2007.
    Accession Number: 20070509-0108.
    Comment Date: 5 p.m. Eastern Time on Monday, May 21, 2007.

    Docket Numbers: ER01-570-007; ER98-4421-007; ER96-2350-027; ER99-
791-005; ER99-806-004; ER99-3677-006.
    Applicants: Consumers Energy Company; CMS Energy Resource
Management Company; Grayling Generation Station Limited Partnership;
Genesee Power Station Limited Partnership; CMS Generation Michigan
Power L.L.C. Dearborn Industrial Generation, LLC.
    Description: Consumers Energy Company submits a Notice of Change in
Status.
    Filed Date: 05/09/2007.
    Accession Number: 20070509-5061.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 30, 2007.

    Docket Numbers: ER04-381-001.
    Applicants: DC Energy, LLC.
    Description: DC Energy, LLC submits a triennial Updated Market
Analysis of DC Energy, LLC.
    Filed Date: 05/09/2007.
    Accession Number: 20070509-5082.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 30, 2007.

    Docket Numbers: ER06-185-003.
    Applicants: New York Independent System Operator, Inc.
    Description: Letter informing Commission that the NYISO has
publicly posted RTGP mitigation related bid data.
    Filed Date: 05/09/2007.
    Accession Number: 20070509-5043.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 30, 2007.

    Docket Numbers: ER07-525-001.
    Applicants: Entergy Services, Inc.
    Description: Entergy Operating Companies submits their supplemental
filing in which Entergy explains why Entergy and American Electric
Power Service Corp. have agreed to the limitation of rollover rights
etc.
    Filed Date: 05/02/2007.
    Accession Number: 20070509-0107.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 23, 2007.

    Docket Numbers: ER07-541-001.
    Applicants: Entergy Services, Inc.
    Description: Entergy Operating Companies submits their supplemental
filing in which Entergy explains why Entergy and NRG Power Marketing
have agreed to the limitation of rollover rights etc.
    Filed Date: 05/02/2007.
    Accession Number: 20070509-0106.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 23, 2007.

    Docket Numbers: ER07-549-001; EC06-126-003.
    Applicants: NSTAR Electric Company.
    Description: Response of NSTAR Electric Company to FERC Staff's
April 10, 2007 Deficiency Letter.
    Filed Date: 05/10/2007.
    Accession Number: 20070510-5052.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 31, 2007.

    Docket Numbers: ER07-834-001.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc submits a
revision to its 5/1/07 filing.
    Filed Date: 05/07/2007.
    Accession Number: 20070510-0156.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 29, 2007.

    Docket Numbers: ER07-862-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc submits
proposed revisions to its Market Administration & Control Areas
Services Tariff to clarify & modify provisions governing its activation
of its SCR program.
    Filed Date: 05/04/2007.
    Accession Number: 20070508-0284.
    Comment Date: 5 p.m. Eastern Time on Friday, May 25, 2007.

    Docket Numbers: ER07-863-000.
    Applicants: Vermont Electric Cooperative, Inc.
    Description: Vermont Electric Cooperative, Inc submits its 2007
transmission formula rate update to its charges produced by the formula
rates applicable to the VEC-specific Local Service Schedules etc.
    Filed Date: 05/04/2007.
    Accession Number: 20070508-0283.
    Comment Date: 5 p.m. Eastern Time on Friday, May 25, 2007.

    Docket Numbers: ER07-865-000.
    Applicants: Unitil Power Corp.
    Description: Unitil Power Corp submits the a Statement of Billing
Transactions under the Amended Unitil System Agreement for period of 1/
1/06-12/31/06.
    Filed Date: 05/01/2007.
    Accession Number: 20070508-0281.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 22, 2007.

    Docket Numbers: ER07-866-000.

    Applicants: TransCanada Energy Ltd.
    Description: TransCanada Energy Ltd submits Notice of Cancellation
of its market-based rate tariff, FERC Electric Rate Schedule 1.
    Filed Date: 05/02/2007.
    Accession Number: 20070508-0285.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 23, 2007.

    Docket Numbers: ER07-867-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits informational filing pursuant to Article IX, section B of the
Stipulation and Agreement approved by FERC on 5/28/99.
    Filed Date: 05/07/2007.
    Accession Number: 20070510-0164.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 29, 2007.

    Docket Numbers: ER07-868-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits revisions to the
PJM Operating Agreement, FERC Electric Tariff, Third Revised Rate
Schedule 24, Sixth Revised Volume 1 pursuant to section 205 of the FPA
etc.
    Filed Date: 05/07/2007.
    Accession Number: 20070510-0157.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 29, 2007.

    Docket Numbers: ER07-869-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits proposed tariff amendments to implement the initial Congestion
Revenue Right allocation and auction processes under its Market
Redesign et al.
    Filed Date: 05/07/2007.
    Accession Number: 20070510-0151.
    Comment Date: 5 p.m. Eastern Time on Tuesday, May 29, 2007.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES07-26-001.
    Applicants: Entergy Services, Inc.
    Description: Production of Document of Entergy Services, Inc.
    Filed Date: 05/09/2007.
    Accession Number: 20070509-5081.
    Comment Date: 5 p.m. Eastern Time on Wednesday, May 30, 2007.

    Take notice that the Commission received the following electric
reliability filings:

    Docket Numbers: RR07-12-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Request of the North American Electric Reliability
Corp for approval of supplemental violation risk factors for certain
requirements in Version 1 reliability standards etc approved by the
Commission in Order.
    Filed Date: 05/04/2007.
    Accession Number: 20070510-0160.
    Comment Date: 5 p.m. Eastern Time on Thursday, May 24, 2007.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-9686 Filed 5-18-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Notices]
[Page 24986]
[FR Doc No: 2018-11687]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL18-154-000]

New England Power Generators Association v. ISO New England Inc.;
Notice of Complaint

    Take notice that on May 23, 2018, pursuant to section 206 of the
Federal Power Act, 16 U.S.C. 824e and Rule 206 of the Federal Energy
Regulatory Commission's (Commission) Rules of Practice and Procedure,
18 CFR 385.206, New England Power Generators Association (Complainant)
filed a formal complaint against ISO New England Inc. (Respondent)
alleging that Respondent decision to treat generators held for fuel
security as price-takers in the capacity auction is unjust and
unreasonable and unduly discriminatory, as more fully explained in the
complaint.
    New England Power Generators Association certifies that copies of
the complaint were served on contacts for ISO New England Inc. as
listed on the Commission's list of Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondents'
answer and all interventions, or protests must be filed on or before
the comment date. The Respondents' answer, motions to intervene, and
protests must be served on the Complainant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for review in the Commission's Public
Reference Room in Washington, DC. There is an eSubscription link on the
website that enables subscribers to receive email notification when a
document is added to a subscribed docket(s). For assistance with any
FERC Online service, please email [email protected], or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on June 6, 2018.

    Dated: May 24, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-11687 Filed 5-30-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: November 25, 2005 (Volume 70, Number 226)]
[Notices]
[Page 71178]
[DOCID:fr25no05-113]

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SECURITIES AND EXCHANGE COMMISSION

[Exchange, Inc. File No. 1-14465]

Issuer Delisting; Notice of Application of IDACORP, Inc. To
Withdraw Its Common Stock, No Par Value, and Preferred Share Purchase
Rights From Listing and Registration on the Pacific

November 18, 2005.
    On October 27, 2005, IDACORP, Inc., an Idaho corporation,
(``Issuer''), filed an application with the Securities and Exchange
Commission (``Commission''), pursuant to Section 12(d) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 12d2-2(d)
thereunder,\2\ to withdraw its common stock, no par value, and
preferred share purchase rights (collectively ``Securities''), from
listing and registration on the Pacific Exchange, Inc. (``PCX'').
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
---------------------------------------------------------------------------

    On October 14, 2005, the Board of Directors (``Board'') of the
Issuer adopted resolutions to withdraw the Securities from listing and
registration on PCX. The Issuer stated that the Board and management of
the Issuer determined to withdraw the Securities from PCX because: (i)
The Issuer maintains the principal listing for the Securities on the
New York Stock Exchange, Inc. (``NYSE''); (ii) there is limited trading
activity of the Securities on PCX; and (iii) the Board and management
of the Issuer have determined that the administrative burden on the
Issuer to maintain the listing of the Securities on PCX exceeds the
benefits of such listing. The Issuer stated that the Securities will
remain listed and registered on NYSE.
    The Issuer stated in its application that it has complied with
applicable rules of PCX by providing PCX with the required documents
governing the withdrawal of securities from listing and registration on
PCX. The Issuer's application relates solely to the withdrawal of the
Securities from listing on PCX, and shall not affect their continued
listing on NYSE or their obligation to be registered under Section
12(b) of the Act.\3\
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78l(b).
---------------------------------------------------------------------------

    Any interested person may, on or before December 14, 2005, comment
on the facts bearing upon whether the application has been made in
accordance with the rules of PCX, and what terms, if any, should be
imposed by the Commission for the protection of investors. All comment
letters may be submitted by either of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/delist.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

the File Number 1-14465 or;

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 1-14465. This file number
should be included on the subject line if e-mail is used. To help us
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/delist.shtml). Comments are

also available for public inspection and copying in the Commission's
Public Reference Room. All comments received will be posted without
change; we do not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly.
    The Commission, based on the information submitted to it, will
issue an order granting the application after the date mentioned above,
unless the Commission determines to order a hearing on the matter.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\4\
---------------------------------------------------------------------------

    \4\ 17 CFR 200.30-3(a)(l).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
 [FR Doc. E5-6514 Filed 11-23-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Notices]
[Pages 38750-38753]
[FR Doc No: 2013-15370]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69829; File No. SR-Phlx-2013-65]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing of Proposed Rule Change Relating to Which Complex Orders Can
Initiate a Complex Order Live Auction

June 21, 2012.
    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 June 11, 2013, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I, II, and III below,
which Items have been prepared by the Exchange. 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.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Rule 1080.08(e) to provide that the
Exchange can determine, based on origin type, which Complex Orders can
initiate a Complex Order Live Auction (``COLA''), as described further
below.
    The text of the proposed rule change is below; proposed new
language is italicized.
* * * * *

Rule 1080. Phlx XL and Phlx XL II

    (a)-(o) No change.
     Commentary: ------------
    .01-.07 No change.
    .08 Complex Orders on Phlx XL.

    (a)-(d) No change.
    (e) Process for Complex Order Live Auction (``COLA''). Complex
Orders on the Complex Order Book (``CBOOK,'' as defined below) may be
subject to an automated auction process.
    (i) For purposes of paragraph (e):
    (A) COLA is the automated Complex Order Live Auction process. A
COLA may take place upon identification of the existence of a COLA-
eligible order either:
    (1) Following a COOP, or (2) during normal trading if the Phlx XL
system receives a Complex Order that improves the cPBBO.
    (B)(1) A ``COLA-eligible order'' means a Complex Order (a) that is
identified by way of a COOP, or (b) that, as determined by the
Exchange, considering the Complex Order origin types (as defined in
Rule 1080.08(b) above), upon receipt, improves the cPBBO respecting the
specific Complex Order Strategy that is the subject of the Complex
Order. If the Phlx XL system identifies the existence of a COLA-
eligible order following a COOP or by way of receipt during normal
trading of a Complex Order that improves the cPBBO, such COLA-eligible
order will initiate a COLA, during which Phlx XL participants may bid
and offer against the COLA-eligible order pursuant to this rule. COLA-
eligible orders will be executed without consideration of any prices
that might be available on other exchanges trading the same options
contracts.
    (2) Notwithstanding the foregoing, a Complex Order that would
otherwise be a COLA-eligible order that is received in the Phlx XL
system during the final seconds of any trading session shall not be
COLA-eligible. The Exchange shall establish the number of seconds, not
to exceed 10 seconds, in an Options Trader Alert.
    (ii)-(ix) No change.
    (f)-(i) No change.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The purpose of the proposal is to adopt the same flexibility as
three other options exchanges regarding which complex orders can
trigger an auction.\3\ For example, CBOE's rule provides:
---------------------------------------------------------------------------

    \3\ See CBOE Rule 6.53C(d)(i)(2), NYSE Arca Rule 6.91(c)(1) and
NYSE MKT Rule 980NY(e)(1).

    (2) A ``COA-eligible order'' means a complex order that, as
determined by the Exchange on a class-by-class basis, is eligible
for a COA \4\ considering the order's marketability (defined as a
number of ticks away from the current market), size, complex order
type (as defined in paragraphs (a) and (b) above) and complex order
origin types (as defined in subparagraph (c)(i) above).\5\ Complex
orders processed through a COA may be executed without consideration
to prices of the same complex orders that might be available on
other exchanges . . . [emphasis added]
---------------------------------------------------------------------------

    \4\ A COA is the automated complex order RFR auction process.
See CBOE Rule 6.53C(d)(i)(1).
    \5\ This provision states that CBOE's complex order origin types
are non-broker-dealer public customer, broker-dealers that are not
Market-Makers or specialists on an options exchange, and/or Market-
Makers or specialists on an options exchange.

    Although this CBOE rule permits the CBOE to determine more than
just which complex order origin types are eligible for its COA,\6\ the
Exchange is only seeking this flexibility respecting complex order
origin types.
---------------------------------------------------------------------------

    \6\ Namely, the CBOE can determine which class, how many ticks
away, size and complex order type trigger a COA.
---------------------------------------------------------------------------

    The Exchange's Complex Order System is governed by Rule 1080.08 and
offers a COLA for eligible orders. The COLA is an automated auction
that is intended to seek additional liquidity and price improvement for
Complex Orders.
    The Exchange now proposes to provide that the Exchange can
determine, based on origin type, which Complex Orders can initiate a
COLA. The origin type (also known as origin code) refers to the
participant types listed in Rule 1080.08(b) and Rule 1000(b)(14), which
include non-broker-dealer customers and non-market-maker off-floor
broker-dealers,\7\ SQTs, RSQTs, non-SQT ROTs, specialists and non-Phlx
market makers on another exchange (together, market makers),\8\ Floor
Brokers \9\ and professional customers.\10\
---------------------------------------------------------------------------

    \7\ Rule 1080.08(b)(i).
    \8\ Rules 1014 and 1080.08(b)(ii).
    \9\ Rule 1080.08(b)(iii).
    \10\ Rule 1000(b)(14). The term ``professional'' means any
person or entity that (i) is not a broker or dealer in securities,
and (ii) places more than 390 orders in listed options per day on
average during a calendar month for its own beneficial account(s). A
professional will be treated in the same manner as an off-floor
broker-dealer for purposes of Rules 1014(g) (except with respect to
all-or-none orders, which will be treated like customer orders,
except that orders submitted pursuant to Rule 1080(n) for the
beneficial account(s) of professionals with an all-or-none
designation will be treated in the same manner as off-floor broker-
dealer orders), 1033(e), 1064.02 (except professional orders will be
considered customer orders subject to facilitation), 1080(n) and
1080.08 as well as Options Floor Procedure Advices B-6, B-11 and F-
5. Member organizations must indicate whether orders are for
professionals.
---------------------------------------------------------------------------

    The Exchange proposes to determine which origin type can trigger a
COLA. If the Exchange determines that certain origin codes cannot
trigger a COLA, those Complex Orders would continue to be handled
pursuant to Rule 1080.08. For example, paragraph (f) governs how
Complex Orders are placed on the CBOOK and how they are executed.
    The Exchange intends to permit some orders, based on origin type,
to not trigger a COLA because it believes that some of its participants
do not wish to have their Complex Orders subject to a COLA because it
results in a delay, during which markets can change and other orders
can trade. The Exchange has learned that the ability to provide, under
this proposal, that certain orders do not trigger a COLA may attract
more of those Complex Orders to the Exchange, which the Exchange seeks
to do. For example, the Exchange believes that off-floor broker-dealers
and professionals, which are treated like off-floor broker-dealer
orders for purposes of Rule 1080.08, seek an immediate execution. The
Exchange believes that such participants prefer the speed and certainty
of execution over the possibility of price improvement for their
Complex Orders. The Exchange seeks the ability to determine, for
example, that off-floor broker-dealers and professionals will not
trigger a COLA. The Exchange is not seeking to distinguish
professionals from off-floor broker-dealers for purposes of who
initiates a COLA, and, therefore, is referring to the participant
origin codes in Rule 1080.08(b) only. The proposed text would therefore
not permit the Exchange to determine that off-floor broker-dealers can
initiate a COLA but not professionals, because, pursuant to Rule
1000(b)14, professionals are treated the same as off-floor broker-
dealers for purposes of all of Rule 1080.08.\11\
---------------------------------------------------------------------------

    \11\ Consistent with Rule 1000(b)(14), the Exchange is not
proposing to treat professionals differently than off-floor broker-
dealers.
---------------------------------------------------------------------------

    In addition to seeking flexibility, the Exchange is adopting this
language partly to address the situation that, today, market maker
orders do not

trigger a COLA. The Exchange began permitting market maker orders to be
entered as DAY orders recently.\12\ Previously, they could only be
entered as IOC orders and thereby never triggered a COLA. Accordingly,
the Exchange determined not to permit market maker DAY orders to
trigger a COLA, but did not change its rule to provide for this.
Changing its rule to provide for flexibility as to which order triggers
a COLA will address this situation. The Exchange continues to believe
that, generally, market makers would prefer not to trigger a COLA,
because it results in a delay. Of course, those market makers can enter
their orders as DNA orders \13\ or IOC orders \14\ to avoid a COLA;
however, both of these order types are cancelled if not immediately
executed, thereby removing the opportunity for market makers to send an
order that can both execute without delay and result in the remainder
posting on the CBOOK.
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release No. 63777 (January 26,
2011), 76 FR 5630 (February 1, 2011) (SR-Phlx-2010-157).
    \13\ See Rule 1080.08(a)(viii).
    \14\ See Rule 1080.08(b).
---------------------------------------------------------------------------

    Accordingly, the Exchange seeks the flexibility that other options
exchanges have to determine which Complex Orders trigger an auction. If
this flexibility is applied to prevent certain origin types from
triggering a COLA, the Exchange does not believe that this will
disadvantage them and may in fact be more consistent with their trading
goals and style, based on informal input the Exchange has received.
    The Exchange notes that it is common for certain functionality not
to be available to all origin types. For example, as noted above,
Complex Orders with certain time-in-force instructions are available
only to certain origin types; today, market makers cannot enter Good-
Til-Cancelled Complex Orders.\15\ In addition, CBOE determines which
participants can respond to its COA.\16\
---------------------------------------------------------------------------

    \15\ See Rule 1080.08(b)(ii).
    \16\ See CBOE Rule 6.53C(d)(iii).
---------------------------------------------------------------------------

    The Exchange intends to implement these changes in July or August,
pending final technological readiness, and will issue an Options Trader
Alert (``OTA'') indicating when the changes become operative and which
origin codes in which options can trigger a COLA.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the provisions of Section 6 of the Act,\17\ in general, and with
Section 6(b)(5) of the Act,\18\ in particular, which requires that the
rules of an exchange be designed to promote just and equitable
principles of trade, and, in general, protect investors and the public
interest, and are not designed to permit unfair discrimination between
customers, issuers, brokers, or dealers. Specifically, the Exchange
believes that adopting this provision, similar to other exchanges',
should attract additional Complex Orders to the Exchange. The Exchange
believes that some market participants prefer an immediate execution
over the benefits of an auction, such that they may choose to send
their complex orders to another options exchange that has the ability
under its rules not to trigger an auction. Accordingly, the proposal
should help the Exchange garner more Complex Order business, which, in
turn, should benefit the various Exchange participants who are
interested in trading using Complex Orders. The Exchange does not
believe that the proposal is unfairly discriminatory, because Complex
Orders of the same origin type would be treated the same by the
Exchange; although a particular origin type may not, under this
proposal, trigger a COLA, this should not result in unfair
discrimination respecting such origin type, because such participants
may not, as the Exchange has learned, believe that a COLA is necessary
or helpful. Such participants have expressed their preference for speed
and certainty of execution, over the possibility of price improvement
for their Complex Orders. As stated above, the Exchange offers a Do Not
Auction order type,\19\ which does not trigger an auction. However,
that order type is cancelled if not immediately executed, so it is not
necessarily useful to a participant who seeks to have a complex order
go on the CBOOK. Of course, the Exchange could change that order type
or develop a new one. Instead, the Exchange has determined for
implementation reasons to seek the ability to determine which Complex
Orders initiate a COLA, similar to other options exchanges.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f.
    \18\ 15 U.S.C. 78f(b)(5).
    \19\ See Rule 1080.08(a)(viii).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Specifically, the proposal does not impose an intra-market burden on
competition; even though it would enable the Exchange to determine that
certain participants' orders would not trigger a COLA, the ability of
those participants to compete amongst each other and with other market
participants would be enhanced and not diminished, because they have
requested this functionality for the reasons stated above.
    Nor will the proposal impose a burden on competition among the
options exchanges, because, in addition to the vigorous competition for
order flow among the options exchanges, the proposal is the same as
three other exchanges that determine, with flexibility, which complex
orders trigger an auction. To the extent that market participants
disagree with the particular approach taken by the Exchange herein,
market participants can easily and readily direct complex order flow to
competing venues. In fact, the proposal is pro-competitive because it
permits the Exchange to better compete with those exchanges.

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

    No written comments were either solicited or received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission shall: (a) By order approve
or disapprove such proposed rule change, or (b) institute proceedings
to determine whether the proposed rule change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2013-65 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2013-65. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room on official business
days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Phlx-2013-65, and should be submitted on or before July
18, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2013-15370 Filed 6-26-13; 8:45 am]
BILLING CODE 8011-01-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on May 7, 2003

   NOTICE OF ACTION TAKEN -- DOCKET OST-99-5918

________________________________________________________________________
_________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Application of      Northwest Airlines, Inc.       filed   4/14/03  to:

XX  Renew for two years exemption under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between points in the United States and Prague, Czech Republic, via
Amsterdam, and to integrate this authority with its existing exemption
and certificate authority.  Northwest operates this service under a
code-share arrangement with KLM Royal Dutch Airlines.

Applicant rep:  Megan Rae Rosia,<PHONE_NUMBER>    DOT Analyst:  Sylvia
Moore,<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken:   May 7, 2003, through   May
7, 2005

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

XX  The authority granted is consistent with the aviation agreements
between the United States and the Netherlands and the United States and
the Czech Republic.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:  XX Holder’s
certificates of public convenience and necessity

	   XX Standard exemption conditions (attached)

                 XX Statement of authorization approving Northwest/KLM
code-share operations granted

	         May 21, 1999, and conditions therein

________________________

Conditions:  The route integration authority granted Northwest is
subject to the condition that any service provided under this exemption
shall be consistent with all applicable agreements between the United
States and the foreign countries involved.  Furthermore, (a) nothing in
the award of the route integration authority requested should be
construed as conferring upon Northwest rights (including fifth-freedom
intermediate and/or beyond rights) to serve markets where U.S. carrier
entry is limited unless Northwest notifies the Department of its intent
to serve such a market and unless and until the Department has completed
any necessary carrier selection procedures to determine which carrier(s)
should be authorized to exercise such rights; and (b) should there be a
request by any carrier to use the limited-entry route rights that are
included in Northwest’s authority by virtue of the route integration
exemption granted here, but that are not then being used by Northwest,
the holding of such authority by route integration will not be
considered as providing any preference for Northwest in a competitive
carrier selection proceeding to determine which carrier(s) should be
entitled to use the authority at issue.

(See Reverse Side)

2

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the exemption authority was consistent with the
public interest; and (3) grant of the authority would not constitute a
major regulatory action under the Energy Policy and Conservation Act of
1975.  To the extent not granted, we denied all requests in the
referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

APPENDIX

U.S. CARRIER

Standard Exemption Conditions

In the conduct of operations authorized by the attached notice, the
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with the applicable requirements of the Federal Aviation
Administration Regulations and with all applicable U.S. Government
requirements concerning security; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

										10/2002

 To assure compliance with all applicable U.S. Government requirements
concerning security, the holder should, before commencing any new
service (including charter flights) to or from a foreign airport, inform
its Principal Security Inspector of its plans.