[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Rules and Regulations]
[Pages 78699-78701]
[FR Doc No: 2013-30186]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0603; Directorate Identifier 2009-SW-079-AD;
Amendment 39-17706; AD 2013-25-10]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron Canada Limited
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
serial-numbered Bell Helicopter Textron Canada Limited (BHTC) Model
206L, 206L-1, 206L-3, and 206L-4 helicopters with a certain tailboom
upper left attachment fitting (fitting). This AD requires inspecting
the fitting for a crack and other conditions. This AD was prompted by
the manufacturer revising and extending the 100 hour time-in-service
(TIS) inspection requirements for the fitting. The actions of this AD
are intended to detect a crack, loose rivet, corrosion, or any other
damage, which could lead to loss of the tailboom and subsequent loss of
control of the helicopter.

DATES: This AD is effective January 31, 2014.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of January 31,
2014.

ADDRESSES: For service information identified in this AD, contact Bell
Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel,
Quebec J7J1R4, telephone<PHONE_NUMBER> or<PHONE_NUMBER>, fax (450)
433-0272, or at http://www.bellcustomer.com/files/. You may review 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, the foreign authority's 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: Sharon Miles, Aerospace Engineer, FAA,
Regulations and Policy Group, 2601 Meacham Blvd., Fort Worth, Texas
76137; telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    On July 12, 2013, at 78 FR 41886, the Federal Register published
our notice of proposed rulemaking (NPRM), which proposed to amend 14
CFR part 39 to add an AD that would apply to BHTC Model 206L, 206L-1,
206L-3, and 206L-4 helicopters with an upper left attachment fitting
part number 206-032-409-001 installed. The NPRM proposed to require
within 100 hours TIS and thereafter at intervals not exceeding 110
hours TIS, inspecting the upper left tailboom attachment fitting for a
crack, corrosion, damage, or a loose rivet. If there is a crack or
corrosion or damage beyond acceptable limits, the NPRM proposed to
require replacing the upper left tailboom attachment fitting. If there
is corrosion or damage within acceptable limits, the NPRM proposed to
require repairing the fitting. If there is a loose rivet, the NPRM
proposed to require replacing the loose rivet. The proposed
requirements were intended to detect a crack, loose rivet, corrosion,
or any other damage, which could lead to loss of the tailboom and
subsequent loss of control of the helicopter.
    The NPRM was prompted by AD No. CF-2009-41, dated November 16,
2009, issued by Transport Canada Civil Aviation (TCCA), which is the
aviation authority for Canada. TCCA issued AD No. CF-2009-41 to correct
an unsafe condition for certain 206L series helicopters, specifically:
Model 206L, serial number (S/N) 45004 through 45153, and 46601 through
46617; Model 206L-1, S/N 45154 through 45790; Model 206L-3, S/N 51001
through 51612; and Model 206L-4, all S/Ns. TCCA advises that AD No. CF-
2009-41 was prompted by a new airworthiness limitation for the fitting
that requires an inspection of fitting part number 203-032-409-001 at
each 100-hour or annual inspection. The TCCA AD requires inspecting the
fitting, and replacing or repairing it if necessary, in accordance with
the Accomplishment Instructions of BHTC Alert Service Bulletin (ASB)
206L-09-158, Revision A, dated August 31, 2009 (ASB 206L-09-158
Revision A). TCCA further states that incorporating this inspection
into the applicable maintenance manual revision constitutes terminating
action to TCCA AD No. CF-2009-41. The actions in TCCA AD No. CF-2009-41
are intended to detect a crack in a tailboom attachment fitting, which
could result in loss of the tailboom 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 (78 FR 41886,
July 12, 2013).

FAA's Determination

    These helicopters have been approved by the aviation authority of
Canada and are approved for operation in the United States. Pursuant to
our bilateral agreement with Canada, TCCA, its technical
representative, has notified us of the unsafe condition described in
the TCCA AD. We are issuing this AD because we evaluated all
information provided by TCCA and determined the unsafe condition exists
and is likely to exist or develop on other helicopters of these same
type designs and that air safety and the public interest require
adopting the AD requirements as proposed.

Differences Between This AD and the TCCA AD

    The TCCA AD requires a recurring inspection every 100 hours, while
this AD requires the inspection at intervals not to exceed 110 hours to
align with the Bell ASB.

Related Service Information

    We reviewed ASB 206L-09-158, Revision A for certain serial-numbered
Model 206L, L-1, L-3, and L-4 helicopters with certain tailboom
assemblies installed. The ASB requires an inspection of the fitting for
a crack, loose rivets, corrosion, and damage at each 100-hour or annual
inspection. If there is a crack, the ASB specifies replacing the
fitting with an airworthy fitting. If there is a loose rivet, the ASB
specifies replacing the rivet with an airworthy rivet. If the fitting
has corrosion or mechanical damage, the ASB specifies determining if
the corrosion or mechanical damage is within acceptable limits. If the
corrosion or mechanical damage is within acceptable limits, the ASB
specifies repairing the damage in accordance with the instructions
contained in the ASB. If the damage is not within acceptable limits,
the ASB specifies replacing the fitting with an airworthy

fitting. TCCA classified this ASB as mandatory and issued AD No. CF-
2009-41 to ensure the continued airworthiness of these helicopters.
    Since that time, BHTC has issued ASB 206L-09-158, Revision B, dated
June 1, 2011, for all Model 206L series helicopters. Revision B of the
ASB changes the recurring inspection interval from every 100 flight
hours to every 110 flight-hours.

Costs of Compliance

    We estimate that this AD affects 783 helicopters of U.S. Registry.
We estimate that operators may incur the following costs in order to
comply with this AD. At an average labor rate of $85 per work-hour,
inspecting the fitting requires about 1 work-hour, for a cost per
helicopter of $85 and a total cost to U.S. operators of $66,555 per
inspection cycle.
    We estimate the following costs to do any necessary repairs or
replacements that would be required based on the results of the
proposed inspection. We have no way of determining the number of
aircraft that might need these repairs or replacements. Repairing a
damaged fitting requires about 8 work-hours and required parts cost
about $10, for a cost per helicopter of $690. Replacing a fitting which
is damaged beyond the allowable repair limits requires about 8 work-
hours and required parts cost about $793, for a cost per helicopter of
$1,473. Replacing a loose rivet requires about 1 work-hour, and
required parts cost about $1, for a cost per helicopter of $86.

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 helicopters 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):

2013-25-10 Bell Helicopter Textron Canada (BHTC): Amendment 39-
17706; Docket No. FAA-2013-0603; Directorate Identifier 2009-SW-079-
AD.

 (a) Applicability

    This AD applies to BHTC Model 206L, 206L-1, 206L-3, and 206L-4
helicopters with an upper left attachment fitting part number 206-
032-409-001 installed, certificated in any category.

 (b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a tailboom
attachment fitting, which could result in loss of the tailboom and
subsequent loss of control of the helicopter.

(c) Effective Date

    This AD becomes effective January 31, 2014.

 (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) At the next 100-hour inspection, and thereafter at intervals
not to exceed 110 hours time-in-service, inspect each tailboom upper
left attachment fitting (fitting) for a crack, a loose rivet,
corrosion, or damage as depicted in Figure 2 of BellAlert Service
Bulletin 206L-09-158, Revision B, dated June 1, 2011 (ASB 206L-09-
158).
    (2) If there is a crack, corrosion, or damage beyond the
acceptable limits of Figure 2 of ASB 206L-09-158, before further
flight, replace the fitting with an airworthy fitting.
    (3) If there is corrosion or damage within the acceptable limits
of Figure 2 of ASB 206L-09-158, before further flight, repair the
fitting as described in the Accomplishment Instructions, Part I,
paragraphs 5.b.(1) through 5.b.(6), of ASB 206L-09-158.
    (4) If there is a loose rivet, before further flight, replace
the loose rivet with an airworthy rivet.

 (f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Sharon Miles, Aerospace
Engineer, FAA, Regulations and Policy Group, 2601 Meacham Blvd.,
Fort Worth, Texas 76137; telephone:<PHONE_NUMBER>; fax: (817) 222-
5961; 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

    The subject of this AD is addressed in Transport Canada Civil
Aviation (TCCA) AD No. CF-2009-41, dated November 16, 2009. You may
view the TCCA AD at http://www.regulations.gov in Docket No. FAA-
2013-0603.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 5302: Rotorcraft
Tailboom.

(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 Alert Service Bulletin 206L-09-158, Revision B, dated
June 1, 2011.
    (ii) Reserved.

    (3) For Bell service information identified in this AD, contact
Bell Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir,
Mirabel, Quebec J7J1R4, telephone<PHONE_NUMBER> or<PHONE_NUMBER>,
fax<PHONE_NUMBER>, or at http://www.bellcustomer.com/files/.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663,
Fort Worth, Texas 76137. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on December 5, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2013-30186 Filed 12-26-13; 8:45 am]
BILLING CODE 4910-13-P


1124. 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.\1236\ The
Commission concludes that neither an Environmental Assessment nor an
Environmental Impact Statement is required for this Final Rule under
Sec.  380.4(a)(15) of the Commission's regulations, which provides a
categorical exemption for approval of actions under sections 205 and
206 of the FPA relating to electric rate filings.\1237\
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    \1236\ Order No. 486, Regulations Implementing the National
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs. Preambles 1986-1990 ] 30,783 (1987).
    \1237\ 18 CFR 380.4(a)(15).
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VIII. Regulatory Flexibility Act

    1125. The Regulatory Flexibility Act of 1980 (RFA) \1238\ generally
requires a description and analysis of rules that will have significant
economic impact on a substantial number of small entities.\1239\ The
Final Rule will be

applicable to all public utilities seeking and currently possessing
market-based rate authority. The Commission finds that the regulations
adopted here should not have a significant impact on small businesses.
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    \1238\ 5 U.S.C. 601-12.
    \1239\ The RFA definition of ``small entity'' refers to the
definition provided in the Small Business Act, which defines a
``small business concern'' as a business that is independently owned
and operated and that is not dominant in its field of operation. 15
U.S.C. 632. The Small Business Size Standards component of the North
American Industry Classification System defines a small electric
utility as one that, including its affiliates, is primarily engaged
in the generation, transmission, and/or distribution of electric
energy for sale and whose total electric output for the preceding
fiscal year did not exceed 4 million MWh. 13 CFR 121.201 (section
22, Utilities, North American Industry Classification System,
NAICS).
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    1126. The submission of a market power analysis is currently
required of all entities seeking authority to sell at market-based
rates, and the Final Rule does not expand which entities will be
required to file these analyses. The Final Rule does not create a new
reporting requirement. It does, however, expand the scope of the
analysis that must be submitted for those entities that previously were
exempted from preparing a generation market power analysis by virtue of
18 CFR 35.27(a). The Commission is concerned that the continued use of
the Sec.  35.27(a) exemption, in time, would encompass all market
participants as all pre-July 9, 1996 generation is retired.
Nevertheless, because the Commission allows a seller to make
simplifying assumptions, where appropriate, and therefore to submit a
streamlined analysis, the Commission believes that any additional
burden imposed by the elimination of the Sec.  35.27(a) exemption will
be minimal.
    1127. Standard tariff provisions will decrease document preparation
by clearly defining the information sought by the Commission.
    1128. For certain sellers, the triennial review submissions that
provide updated market power analyses are required for the retention of
market-based rate authority. Category 2 utilities shall continue to
submit this analysis, which poses no greater burden than that already
in place. However, the regulations will result in fewer filings with
the Commission after the next three years than currently required for
qualified smaller (Category 1) utilities' retention of market-based
rate authority. Thus, the Final Rule will be less burdensome
economically and reduce the frequency of document preparation for
market-based rate authority retention for qualified smaller utilities.
The Commission concludes that this Final Rule will not have a
significant economic impact on a substantial number of small entities.

IX. Document Availability

    1129. 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.
    1130. 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.
    1131. User assistance is available for eLibrary and the
Commission's Web site during normal business hours from FERC Online
Support at<PHONE_NUMBER> (toll-free at 1-866-208-3676) or e-mail at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-

8371 Press 0, TTY<PHONE_NUMBER>. E-mail the Public Reference Room at
<EMAIL_ADDRESS>

X. Effective Date and Congressional Notification

    1132. These regulations are effective September 18, 2007. 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 Accounting
Office.

List of Subjects in 18 CFR Part 35

    Electric power rates, Electric utilities, Reporting and
recordkeeping requirements.

    By the Commission. Commissioner Moeller dissenting in part with
a separate statement in Attachment A.
Kimberly D. Bose,
Secretary.

0
In consideration of the foregoing, the Commission amends part 35,
Chapter I, Title 18, Code of Federal Regulations, as follows:
0
1. The authority citation for part 35 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.

0
2. Sec.  35.27 is revised to read as follows:

Sec.  35.27  Authority of State commissions.

    Nothing in this part--
    (a) Shall be construed as preempting or affecting any jurisdiction
a State commission or other State authority may have under applicable
State and Federal law, or
    (b) Limits the authority of a State commission in accordance with
State and Federal law to establish
    (1) Competitive procedures for the acquisition of electric energy,
including demand-side management, purchased at wholesale, or
    (2) Non-discriminatory fees for the distribution of such electric
energy to retail consumers for purposes established in accordance with
State law.

0
3. Subpart H is revised to read as follows:
Subpart H--Wholesale Sales of Electric Energy, Capacity and Ancillary
Services at Market-Based Rates
Sec.
35.36 Generally.
35.37 Market power analysis required.
35.38 Mitigation.
35.39 Affiliate restrictions.
35.40 Ancillary services.
35.41 Market behavior rules.
35.42 Change in status reporting requirement.
Appendix A to Subpart H Standard Screen Format
Appendix B to Subpart H Corporate Entities and Assets

Subpart H--Wholesale Sales of Electric Energy, Capacity and
Ancillary Services at Market-Based Rates

Sec.  35.36  Generally.

    (a) For purposes of this subpart:
    (1) Seller means any person that has authorization to or seeks
authorization to engage in sales for resale of electric energy,
capacity or ancillary services at market-based rates under section 205
of the Federal Power Act.
    (2) Category 1 Sellers means wholesale power marketers and
wholesale power producers that own or control 500 MW or less of
generation in aggregate per region; that do not own, operate or control
transmission facilities other than limited equipment necessary to
connect individual generating facilities to the transmission grid (or
have been granted waiver of the requirements of Order No. 888, FERC
Stats. & Regs. ] 31,036); that are not affiliated with anyone that
owns, operates or controls transmission facilities in the same region
as the seller's generation assets; that are not affiliated with a
franchised public utility in the same region as the seller's generation
assets; and that do not raise other vertical market power issues.

    (3) Category 2 Sellers means any Sellers not in Category 1.
    (4) Inputs to electric power production means intrastate natural
gas transportation, intrastate natural gas storage or distribution
facilities; sites for generation capacity development; sources of coal
supplies and equipment for the transportation of coal supplies such as
barges and rail cars.
    (5) Franchised public utility means a public utility with a
franchised service obligation under State law.
    (6) Captive customers means any wholesale or retail electric energy
customers served under cost-based regulation.
    (7) Market-regulated power sales affiliate means any power seller
affiliate other than a franchised public utility, including a power
marketer, exempt wholesale generator, qualifying facility or other
power seller affiliate, whose power sales are regulated in whole or in
part on a market-rate basis.
    (8) Market information means non-public information related to the
electric energy and power business including, but not limited to,
information regarding sales, cost of production, generator outages,
generator heat rates, unconsummated transactions, or historical
generator volumes. Market information includes information from either
affiliates or non-affiliates.
    (b) The provisions of this subpart apply to all Sellers authorized,
or seeking authorization, to make sales for resale of electric energy,
capacity or ancillary services at market-based rates unless otherwise
ordered by the Commission.

Sec.  35.37  Market power analysis required.

    (a) (1) In addition to other requirements in subparts A and B, a
Seller must submit a market power analysis in the following
circumstances: when seeking market-based rate authority; for Category 2
Sellers, every three years, according to the schedule contained in
Order No. 697, FERC Stats. & Regs. ] 31,252; or any other time the
Commission directs a Seller to submit one. Failure to timely file an
updated market power analysis will constitute a violation of Seller's
market-based rate tariff.
    (2) When submitting a market power analysis, whether as part of an
initial application or an update, a Seller must include an appendix of
assets in the form provided in Appendix B of this subpart.
    (b) A market power analysis must address whether a Seller has
horizontal and vertical market power.
    (c) (1) There will be a rebuttable presumption that a Seller lacks
horizontal market power if it passes two indicative market power
screens: a pivotal supplier analysis based on the annual peak demand of
the relevant market, and a market share analysis applied on a seasonal
basis. There will be a rebuttable presumption that a Seller possesses
horizontal market power if it fails either screen.
    (2) Sellers and intervenors may also file alternative evidence to
support or rebut the results of the indicative screens. Sellers may
file such evidence at the time they file their indicative screens.
Intervenors may file such evidence in response to a Seller's
submissions.
    (3) If a Seller does not pass one or both screens, the Seller may
rebut a presumption of horizontal market power by submitting a
Delivered Price Test analysis. A Seller that does not rebut a
presumption of horizontal market power or that concedes market power,
is subject to mitigation, as described in Sec.  35.38.
    (4) When submitting a horizontal market power analysis, a Seller
must use the form provided in Appendix A of this subpart and include
all supporting materials referenced in the form.
    (d) To demonstrate a lack of vertical market power, a Seller that
owns, operates or controls transmission facilities, or whose affiliates
own, operate or control transmission facilities, must have on file with
the Commission an Open Access Transmission Tariff, as described in
Sec.  35.28; provided, however, that a Seller whose foreign
affiliate(s) own, operate or control transmission facilities outside of
the United States that can be used by competitors of the Seller to
reach United States markets must demonstrate that such affiliate either
has adopted and is implementing an Open Access Transmission Tariff as
described in Sec.  35.28, or otherwise offers comparable, non-
discriminatory access to such transmission facilities.
    (e) To demonstrate a lack of vertical market power in wholesale
energy markets through the affiliation, ownership or control of inputs
to electric power production, such as the transportation or
distribution of the inputs to electric power production, a Seller must
provide the following information:
    (1) A description of its ownership or control of, or affiliation
with an entity that owns or controls, intrastate natural gas
transportation, intrastate natural gas storage or distribution
facilities;
    (2) Sites for generation capacity development; and
    (3) Sources of coal supplies and the transportation of coal
supplies such as barges and rail cars.
    (4) A Seller must ensure that this information is included in the
record of each new application for market-based rates and each updated
market power analysis. In addition, a Seller is required to make an
affirmative statement that it has not erected barriers to entry into
the relevant market and will not erect barriers to entry into the
relevant market.
    (f) If the seller seeks to protect any portion of the application,
or any attachment thereto, from public disclosure pursuant to Sec.
388.112 of this chapter, the seller must include with its request for
privileged treatment a proposed protective order under which the
parties to the proceeding will be able to review any of the data,
information, analysis or other documentation relied upon by the seller
for which privileged treatment is sought. A seller must grant access to
privileged data to any party that signs a protective order within 5
days from the date that the party executes the protective order.

Sec.  35.38  Mitigation.

    (a) A Seller that has been found to have market power in generation
or that is presumed to have horizontal market power by virtue of
failing or foregoing the horizontal market power screens, as described
in Sec.  35.37(c), may adopt the default mitigation detailed in
paragraph (b) of this section or may propose mitigation tailored to its
own particular circumstances to eliminate its ability to exercise
market power. Mitigation will apply only to the market(s) in which the
Seller is found, or presumed, to have market power.
    (b) Default mitigation consists of three distinct products:
    (1) Sales of power of one week or less priced at the Seller's
incremental cost plus a 10 percent adder;
    (2) Sales of power of more than one week but less than one year
priced at no higher than a cost-based ceiling reflecting the costs of
the unit(s) expected to provide the service; and
    (3) New contracts filed for review under section 205 of the Federal
Power Act for sales of power for one year or more priced at a rate not
to exceed embedded cost of service.

Sec.  35.39  Affiliate restrictions.

    (a) General affiliate provisions. As a condition of obtaining and
retaining market-based rate authority, the conditions provided in this
section, including the restriction on affiliate sales of electric
energy and all other

affiliate provisions, must be satisfied on an ongoing basis, unless
otherwise authorized by Commission rule or order. Failure to satisfy
these conditions will constitute a violation of the Seller's market-
based rate tariff.
    (b) Restriction on affiliate sales of electric energy. As a
condition of obtaining and retaining market-based rate authority, no
wholesale sale of electric energy may be made between a franchised
public utility with captive customers and a market-regulated power
sales affiliate without first receiving Commission authorization for
the transaction under section 205 of the Federal Power Act. All
authorizations to engage in affiliate wholesale sales of electric
energy must be listed in a Seller's market-based rate tariff.
    (c) Separation of functions. (1) For the purpose of this paragraph,
entities acting on behalf of and for the benefit of a franchised public
utility with captive customers (such as entities controlling or
marketing power from the electrical generation assets of the franchised
public utility) are considered part of the franchised public utility.
Entities acting on behalf of and for the benefit of the market-
regulated power sales affiliates of a franchised public utility with
captive customers are considered part of the market-regulated power
sales affiliates.
    (2) (i) To the maximum extent practical, the employees of a market-
regulated power sales affiliate must operate separately from the
employees of any affiliated franchised public utility with captive
customers.
    (ii) Franchised public utilities with captive customers are
permitted to share support employees, and field and maintenance
employees with their market-regulated power sales affiliates.
Franchised public utilities with captive customers are also permitted
to share senior officers and boards of directors with their market-
regulated power sales affiliates; provided, however, that the shared
officers and boards of directors must not participate in directing,
organizing or executing generation or market functions.
    (iii) Notwithstanding any other restrictions in this section, in
emergency circumstances affecting system reliability, a market-
regulated power sales affiliate and a franchised public utility with
captive customers may take steps necessary to keep the bulk power
system in operation. A franchised public utility with captive customers
or the market-regulated power sales affiliate must report to the
Commission and disclose to the public on its Web site, each emergency
that resulted in any deviation from the restrictions of section 35.39,
within 24 hours of such deviation.
    (d) Information sharing. (1) Unless simultaneously disclosed to the
public, market information may not be shared between a franchised
public utility with captive customers and a market-regulated power
sales affiliate if the sharing could be used to the detriment of
captive customers.
    (2) Permissibly shared support employees, field and maintenance
employees and senior officers and board of directors under Sec. Sec.
35.39(c)(2)(ii) may have access to information covered by the
prohibition of Sec.  35.39(d)(1), subject to the no-conduit provision
in Sec.  35.39(g).
    (e) Non-power goods or services. (1) Unless otherwise permitted by
Commission rule or order, sales of any non-power goods or services by a
franchised public utility with captive customers, to a market-regulated
power sales affiliate must be at the higher of cost or market price.
    (2) Unless otherwise permitted by Commission rule or order, sales
of any non-power goods or services by a market-regulated power sales
affiliate to an affiliated franchised public utility with captive
customers may not be at a price above market.
    (f) Brokering of power. (1) Unless otherwise permitted by
Commission rule or order, to the extent a market-regulated power sales
affiliate seeks to broker power for an affiliated franchised public
utility with captive customers:
    (i) The market-regulated power sales affiliate must offer the
franchised public utility's power first;
    (ii) The arrangement between the market-regulated power sales
affiliate and the franchised public utility must be non-exclusive; and
    (iii) The market-regulated power sales affiliate may not accept any
fees in conjunction with any brokering services it performs for an
affiliated franchised public utility.
    (2) Unless otherwise permitted by Commission rule or order, to the
extent a franchised public utility with captive customers seeks to
broker power for a market-regulated power sales affiliate:
    (i) The franchised public utility must charge the higher of its
costs for the service or the market price for such services;
    (ii) The franchised public utility must market its own power first,
and simultaneously make public (on the Internet) any market information
shared with its affiliate during the brokering; and
    (iii) The franchised public utility must post on the Internet the
actual brokering charges imposed.
    (g) No conduit provision. A franchised public utility with captive
customers and a market-regulated power sales affiliate are prohibited
from using anyone, including asset managers, as a conduit to circumvent
the affiliate restrictions in Sec. Sec.  35.39(a) through (g).
    (h) Franchised utilities without captive customers. If necessary,
any affiliate restrictions regarding separation of functions, power
sales or non-power goods and services transactions, or brokering
involving two or more franchised public utilities, one or more of whom
has captive customers and one or more of whom does not have captive
customers, will be imposed on a case-by-case basis.

Sec.  35.40  Ancillary services.

    A Seller may make sales of ancillary services at market-based rates
only if it has been authorized by the Commission and only in specific
geographic markets as the Commission has authorized.

Sec.  35.41  Market behavior rules.

    (a) Unit operation. Where a Seller participates in a Commission-
approved organized market, Seller must operate and schedule generating
facilities, undertake maintenance, declare outages, and commit or
otherwise bid supply in a manner that complies with the Commission-
approved rules and regulations of the applicable market. A Seller is
not required to bid or supply electric energy or other electricity
products unless such requirement is a part of a separate Commission-
approved tariff or is a requirement applicable to Seller through
Seller's participation in a Commission-approved organized market.
    (b) Communications. A Seller must provide accurate and factual
information and not submit false or misleading information, or omit
material information, in any communication with the Commission,
Commission-approved market monitors, Commission-approved regional
transmission organizations, Commission-approved independent system
operators, or jurisdictional transmission providers, unless Seller
exercises due diligence to prevent such occurrences.
    (c) Price reporting. To the extent a Seller engages in reporting of
transactions to publishers of electric or natural gas price 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 issued by the Commission in Docket No. PL03-3-000 and any
clarifications thereto. Unless Seller has previously provided the
Commission with a notification of its price reporting status, Seller
must notify the Commission within 15 days of the effective date of this
regulation or within 15 days of the date it begins making wholesale
sales, whichever is earlier, whether it engages in such reporting of
its transactions. Seller must update the notification within 15 days of
any subsequent change in its transaction reporting status. In addition,
Seller must adhere to such other standards and requirements for price
reporting as the Commission may order.
    (d) Records retention. A Seller must retain, for a period of five
years, all data and information upon which it billed the prices it
charged for the electric energy or electric energy products it sold
pursuant to Seller's market-based rate tariff, and the prices it
reported for use in price indices.

Sec.  35.42  Change in status reporting requirement.

    (a) As a condition of obtaining and retaining market-based rate
authority, a Seller must timely report to the Commission any change in
status that would reflect a departure from the characteristics the
Commission relied upon in granting market-based rate authority. A
change in status includes, but is not limited to, the following:
    (1) Ownership or control of generation capacity that results in net
increases of 100 MW or more, or of inputs to electric power production,
or ownership, operation or control of transmission facilities, or
    (2) Affiliation with any entity not disclosed in the application
for market-based rate authority that owns or controls generation
facilities or inputs to electric power production, affiliation with any
entity not disclosed in the application for market-based rate authority
that owns, operates or controls transmission facilities, or affiliation
with any entity that has a franchised service area.
    (b) Any change in status subject to paragraph (a) of this section
must be filed no later than 30 days after the change in status occurs.
Power sales contracts with future delivery are reportable 30 days after
the physical delivery has begun. Failure to timely file a change in
status report constitutes a tariff violation.
    (c) When submitting a change in status notification regarding a
change that impacts the pertinent assets held by a Seller or its
affiliates with market-based rate authorization, a Seller must include
an appendix of assets in the form provided in Appendix B of this
subpart.

Appendix A to Subpart H

                         Standard Screen Format
             [Data provided for Illustrative Purposes only]
------------------------------------------------------------------------
        Row               Generation             MW         Reference
------------------------------------------------------------------------
                    Part I--Pivotal Supplier Analysis
------------------------------------------------------------------------
                     Seller and Affiliate
                            Capacity

A.................  Installed Capacity....       19,500  Workpaper.
B.................  Long-Term Firm                  500  Workpaper.
                     Purchases.
C.................  Long-Term Firm Sales..       -1,000  Workpaper.
D.................  Imported Power........            0  Workpaper.

                    Non-Affiliate Capacity

E.................  Installed Capacity....        8,000  Workpaper.
F.................  Long-Term Firm                  500  Workpaper.
                     Purchases.
G.................  Long-Term Firm Sales..       -2,500  Workpaper.
H.................  Imported Power........        3,500  Workpaper.
I.................  Balancing Authority          -2,160  Workpaper.
                     Area Reserve
                     Requirement.
J.................  Amount of Line I             -2,160  Workpaper.
                     Attributable to
                     Seller, if any.
K.................  Total Uncommitted             9,840
                     Supply (SUM
                     A,B,C,D,E,F,G,I).

                             Load

L.................  Balancing Authority          18,000  Workpaper.
                     Area Annual Peak Load.
M.................  Average Daily Peak          -16,500  Workpaper.
                     Native Load in Peak
                     Month.
N.................  Amount of Line M            -16,500  Workpaper.
                     Attributable to
                     Seller, if any.
O.................  Wholesale Load (SUM           1,500
                     L,M).
P.................  Net Uncommitted Supply        8,340
                     (K-O).
Q.................  Seller's Uncommitted            340
                     Capacity (SUM
                     A,B,C,D,J,N).
------------------------------------------------------------------------
Result of Pivotal Supplier Screen (PPASSif
 Line Q < Line P) (Fail if Line Q > Line
 P).
------------------------------------------------------------------------

         Row                                 Q1  (MW)     Q2  (MW)     Q3  (MW)     Q4  (MW)       Reference
----------------------------------------------------------------------------------------------------------------
                                         Part II--Market Share Analysis
----------------------------------------------------------------------------------------------------------------
                      Seller and
                       Affiliate Capacity

A...................  Installed Capacity.       19,500       19,500       19,500       19,500  Workpaper.
B...................  Long-Term Firm               500          500          500          500  Workpaper.
                       Purchases.
C...................  Long-Term Firm            -1,000       -1,000       -1,000       -1,000  Workpaper.
                       Sales.
D...................  Seasonal Average          -4,000       -3,000         -800       -3,500  Workpaper.
                       Planned Outages.
E...................  Imported Power.....            0            0            0            0  Workpaper.

                      Capacity Deductions

F...................  Average Peak Native      -11,500      -10,000      -12,500      -11,500  Workpaper.
                       Load in the Season.
G...................  Amount of Line F         -11,500      -10,000      -12,500      -11,500  Workpaper.
                       Attributable to
                       Seller, if any.
H...................  Amount of Line F               0            0            0            0  Workpaper.
                       Attributable to
                       Others, if any.
I...................  Balancing Authority       -1,500       -1,320       -1,560       -1,500  Workpaper.
                       Area Reserve
                       Requirement.
J...................  Amount of Line I          -1,500       -1,320       -1,560       -1,500  Workpaper.
                       Attributable to
                       Seller, if any.
K...................  Amount of Line I               0            0            0            0  Workpaper.
                       Attributable to
                       Others, if any.

                      Non-Affiliate
                       Capacity

L...................  Installed Capacity.        8,000        8,000        8,000        8,000  Workpaper.
M...................  Long-Term Firm               500          500          500          500  Workpaper.
                       Purchases.
N...................  Long-Term Firm            -2,500       -2,500       -2,500       -2,500  Workpaper.
                       Sales.
O...................  Local Seasonal              -800         -200         -300         -400  Workpaper.
                       Average Planned
                       Outages.
P...................  Uncommitted                5,000        4,500        3,500        4,000  Workpaper.
                       Capacity Imports.

                      Supply Calculation

Q...................  Total Competing           10,200       10,300        9,200        9,600
                       Supply (SUM
                       L,M,N,O,P,H,K).
R...................  Seller's                   2,000        4,680        4,140        2,500
                       Uncommitted
                       Capacity (SUM
                       A,B,C,D,E,G,J).
S...................  Total Seasonal            12,200       14,980       13,340       12,100
                       Uncommitted
                       Capacity (SUM Q,R).
T...................  Seller's Market           16.39%       31.24%       31.03%       20.66%
                       Share (R/S).
                      Results (Pass if <           PASS         FAIL         FAIL         FAIL
                       20%) (Fail if >=
                       20%).
----------------------------------------------------------------------------------------------------------------

?>

Appendix B to Subpart H

    This is an example of the required appendix listing the filing
entity and all its energy affiliates and their associated assets
which should be submitted with all market-based rate filings.

                                                                        Market-Based Rate Authority and Generation Assets
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Location
                                Docket No. where                                                                         ------------------------------------                   Nameplate and/or
 Filing entity and its  energy    MBR authority    Generation name      Owned by        Controlled by     Date  control                        Geographic      In-service date       seasonal
          affiliates               was granted                                                             transferred        Balancing        region (per                           rating
                                                                                authority area      Appendix D)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
ABC Corp......................  ER05-23X-000....  ABC falls plant   ABC Corp........  ABC Corp........  NA*.............  ABC balancing     Central.........  8/12/1981.......  153.5 MW
                                                   1.                                                             authority area.                                       (seasonal).
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
xyz Inc.......................  ER94-79XX-000...  NA..............  NA..............  NA..............  NA..............  NA..............  NA..............  NA..............  NA.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
RST LLC.......................  ER01-2XX5-000...  Green CoGen.....  WWW Corp........  RST LLC.........  5/23/2005.......  New York ISO....  Northeast.......  12/20/2003......  2000 MW
                                                                                (nameplate).
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sample Co.....................  ER03-XX45-000...  Sample Co. 3....  Sample Co.......  YYY Corp........  2/1/1982........  Sample Co.        Southwest.......  5/13/1973.......  10 MW
                                                                                balancing                                             (seasonal).
                                                                                authority.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*If an entity has no assets or the field is not applicable please indicate so by inputting (NA).

                           Electric Transmission Assets and/or Natural Gas Intrastate Pipelines and/or Gas Storage Facilities
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Location
                                                                                ----------------------------------
Filing entity and its  energy   Asset name and       Owned by        Controlled by     Date  control                       Geographic          Size
          affiliates                  use                                               transferred       Balancing       region (per
                                                                                authority area    Appendix D)
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC Corp.....................  CBA Line, used    ABC Corp........  ABC Corp........  NA*.............  New York ISO...  Northeast......  approximately
                                to interconnect                                                                                five-mile, 500
                                Green Cogen to                                                                                kV line.
                                New York ISO
                                transmission
                                system.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Etc. LP......................  Nowhere           Etc. LP.........  Etc. LP.........  NA..............  ABC balancing    Central........  approximately
                                Pipeline, used                                                          authority area.                   14 miles of
                                to connect                                                                                natural gas
                                Storage LLC's--                                                                                pipeline and
                                Longway                                                                                related
                                Pipeline to ABC                                                                                equipment with
                                falls plant                                                                                50 MMcf/d
                                1.                                                                                capacity.
--------------------------------------------------------------------------------------------------------------------------------------------------------
*If the field is not applicable please indicate so by inputting (NA).

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

Appendix C to the Final Rule

Required Provisions of the Market-Based Rate Tariff

Compliance With Commission Regulations

    Seller shall comply with the provisions of 18 CFR Part 35,
Subpart H, as applicable, and with any conditions the Commission
imposes in its orders concerning seller's market-based rate
authority, including orders in which the Commission authorizes
seller to engage in affiliate sales under this tariff or otherwise
restricts or limits the seller's market-based rate authority.
Failure to comply with the applicable provisions of 18 CFR Part 35,
Subpart H, and with any orders of the Commission concerning seller's
market-based rate authority, will constitute a violation of this
tariff.

Limitations and Exemptions Regarding Market-Based Rate Authority

    [Seller should list all limitations (including markets where
seller does not have market-based rate authority) on its market-
based rate authority and any exemptions from or waivers granted of
Commission regulations and include relevant cites to Commission
orders].

Include All of the Following Provisions That Are Applicable

Mitigated Sales

    Sales of energy and capacity are permissible under this tariff
in all balancing authority areas where the Seller has been granted
market-based rate authority. Sales of energy and capacity under this
tariff are also permissible at the metered boundary between the
Seller's mitigated balancing authority area and a balancing
authority area where the Seller has been granted market-based rate
authority provided: (i) Legal title of the power sold transfers at
the metered boundary of the balancing authority area; (ii) any power
sold hereunder is not intended to serve load in the seller's
mitigated market; and (iii) no affiliate of the mitigated seller
will sell the same power back into the mitigated seller's mitigated
market. Seller must retain, for a period of five years from the date
of the sale, all data and information related to the sale that
demonstrates compliance with items (i), (ii) and (iii) above.

Ancillary Services

RTO/ISO Specific--Include All Services the Seller Is Offering

    PJM: Seller offers regulation and frequency response service,
energy imbalance service, and operating reserve service (which
includes spinning, 10-minute, and 30-minute reserves) for sale into
the market administered by PJM Interconnection, L.L.C. (``PJM'')
and, where the PJM Open Access Transmission Tariff permits, the
self-supply of these services to purchasers for a bilateral

sale that is used to satisfy the ancillary services requirements of
the PJM Office of Interconnection.
    New York: Seller offers regulation and frequency response
service, and operating reserve service (which include 10-minute non-
synchronous, 30-minute operating reserves, 10-minute spinning
reserves, and 10-minute non-spinning reserves) for sale to
purchasers in the market administered by the New York Independent
System Operator, Inc.
    New England: Seller offers regulation and frequency response
service (automatic generator control), operating reserve service
(which includes 10-minute spinning reserve, 10-minute non-spinning
reserve, and 30-minute operating reserve service) to purchasers
within the markets administered by the ISO New England, Inc.
    California: Seller offers regulation service, spinning reserve
service, and non-spinning reserve service to the California
Independent System Operator Corporation (``CAISO'') and to others
that are self-supplying ancillary services to the CAISO.

Third Party Provider

    Third-party ancillary services [include all of the following
that the seller is offering: Regulation Service, Energy Imbalance
Service, Spinning Reserves, and Supplemental Reserves]. Sales will
not include the following: (1) Sales to an RTO or an ISO, i.e.,
where that entity has no ability to self-supply ancillary services
but instead depends on third parties; (2) sales to a traditional,
franchised public utility affiliated with the third-party supplier,
or sales where the underlying transmission service is on the system
of the public utility affiliated with the third-party supplier; and
(3) sales to a public utility that is purchasing ancillary services
to satisfy its own open access transmission tariff requirements to
offer ancillary services to its own customers.

Appendix D to the Final Rule

Regions and Schedule for Regional Market Power Update Process

    The six regions are combinations of NERC regions; RTOs and ISOs
and are depicted in the map that follows.
BILLING CODE 6717-01-P
[GRAPHIC] [TIFF OMITTED] TR20JY07.000

BILLING CODE 6717-01-C

                                      Regional Market Power Update Schedule
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
         Study period           Filing period (anytime                  Entities required to file
                                        between)
----------------------------------------------------------------------------------------------------------------
2006.........................  December 1-30, 2007.....  Northeast Transmission    .............................
                                                          Operators.
2006.........................  June 1-30, 2008.........  Southeast Transmission    All others in Northeast that
                                                          Operators.                did not file in December
                                                                                including all power
                                                                                marketers that sold in the
                                                                                Northeast.
2006.........................  December 1-30, 2008.....  ........................  All others in Southeast that
                                                                                did not file in June
                                                                                including all power
                                                                                marketers that sold in the
                                                                                Southeast and have not
                                                                                already been found to be
                                                                                Category 1 sellers.
2007.........................  December 1-30, 2008.....  Central Transmission      .............................
                                                          Operators.
2007.........................  June 1-30, 2009.........  SPP Transmission          All others in Central that
                                                          Operators.                did not file in December
                                                                                including all power
                                                                                marketers that sold in the
                                                                                Central and have not already
                                                                                been found to be Category 1
                                                                                sellers.
2007.........................  December 1-30, 2009.....  ........................  All others in SPP that did
                                                                                not file in June including
                                                                                all power marketers that
                                                                                sold in SPP and have not
                                                                                already been found to be
                                                                                Category 1 sellers.
2008.........................  December 1-30, 2009.....  Southwest Transmission    .............................
                                                          Operators.
2008.........................  June 1-30, 2010.........  Northwest Transmission    All others in Southwest that
                                                          Operators.                did not file in December
                                                                                including all power
                                                                                marketers that sold in the
                                                                                Southwest and have not
                                                                                already been found to be
                                                                                Category 1 sellers.
2008.........................  December 1-30, 2010.....  ........................  All others in Northwest that
                                                                                did not file in June
                                                                                including all power
                                                                                marketers that sold in the
                                                                                Northwest and have not
                                                                                already been found to be
                                                                                Category 1 sellers.
2009.........................  December 1-30, 2010.....  Northeast Transmission    .............................
                                                          Operators.
----------------------------------------------------------------------------------------------------------------
All Category 1 sellers should be identified by the Commission prior to the subsequent filing periods. Only
 Category 2 sellers will continue to file updated market power analyses according to the repeating schedule
 below.
----------------------------------------------------------------------------------------------------------------
2009.........................  June 1-30, 2011.........  Southeast Transmission    Others in Northeast that did
                                                          Operators.                not file in December and
                                                                                have not been found to be
                                                                                Category 1 sellers.
2009.........................  December 1-30, 2011.....  ........................  Others in Southeast that did
                                                                                not file in June and have
                                                                                not been found to be
                                                                                Category 1 sellers.
2010.........................  December 1-30, 2011.....  Central Transmission      .............................
                                                          Operators.
2010.........................  June 1-30, 2012.........  SPP Transmission          Others in Central that did
                                                          Operators.                not file in December and
                                                                                have not been found to be
                                                                                Category 1 sellers.
2010.........................  December 1-30, 2012.....  ........................  Others in SPP that did not
                                                                                file in June and have not
                                                                                been found to be Category 1
                                                                                sellers.
2011.........................  December 1-30, 2012.....  Southwest Transmission    .............................
                                                          Operators.
2011.........................  June 1-30, 2013.........  Northwest Transmission    Others in Southwest that did
                                                          Operators.                not file in December and
                                                                                have not been found to be
                                                                                Category 1 sellers.
2011.........................  December 1-30, 2013.....  ........................  Others in Northwest that did
                                                                                not file in June and have
                                                                                not been found to be
                                                                                Category 1 sellers.
----------------------------------------------------------------------------------------------------------------
This review cycle will be repeated in subsequent years.

Appendix E to the Final Rule

List of Commenters and Acronyms

Allegheny Energy Supply Co. and Allegheny Power--Allegheny Energy
Companies
Alliance for Cooperative Energy Services Power Marketing LLC--
Alliance Power Marketing
Ameren Services Co., Inc.--Ameren
AARP--AARP
American Public Power Association/Transmission Access Policy Study
Group--APPA/TPAS
American Wind Energy Association--AWEA
Avista Corp.--Avista
Board of Water, Light and Sinking Fund Commissioners of the City of
Dalton, Georgia--Dalton Utilities
California Electricity Oversight Board--California Board
California Independent System Operator Corp.--CAISO
California Public Utilities Commission--California Commission
Coalition of Midwest Transmission Customers, PJM Industrial Customer
Coalition, NEPOOL Industrial Customer Coalition, Industrial Energy
Users of Ohio, Southeast Electricity Consumers Association,
Southwest Industrial Customer Coalition--Industrial Customers
Cogentrix Energy, Inc. and Goldman Sachs Group--Cogentrix/Goldman
Constellation Energy Group, Inc.--Constellation
Consumers Energy Co.--Consumers
Dominion Resources Services, Inc.--Dominion
Duke Energy Corp.--Duke
Duquesne Power, LLC; Duquesne Light Company; Duquesne Keystone, LLC;
Duquesne Conemaugh, LLC; and Monmouth Energy, Inc.--Duquesne
Companies
E.ON U.S. LLC--E.ON U.S.
Edison Electric Institute--EEI
ElectriCities of North Carolina, Inc. and Piedmont Municipal Power
Agency--Carolina Agencies
Electricity Consumers Resource Council--ELCON
El Paso E&P Co. L.P.--El Paso E&P
Electric Power Supply Association--EPSA
Entergy Services, Inc.--Entergy
FirstEnergy Service Co.--FirstEnergy
Florida Power & Light Company and FPL Energy, LLC--FP&L
Indianapolis Power & Light Co.--Indianapolis P&L
ISO New England Inc.--ISO-NE
Joe Pace, PhD--Dr. Pace
Mark B. Lively--Mr. Lively

Merrill Lynch Commodities Inc., J.P. Morgan Ventures Energy Corp.
and Bear Energy--Financial Companies
MidAmerican Energy Co. and PacifiCorp--MidAmerican
Midwest Energy, Inc.--Midwest Energy
Mirant Corp.--Mirant
Montana Consumer Counsel--Montana Counsel
Morgan Stanley Capital Group Inc.--Morgan Stanley
National Association of State Utility Consumer Advocates--NASUCA
National Rural Electric Cooperative Association--NRECA
New Jersey Board of Public Utilities--New Jersey Board
New Mexico Office of Attorney General, Colorado Office of Consumer
Counsel, Utah Committee of Consumer Services, Public Citizen, Public
Utility Law Project of New York, Rhode Island Office of Attorney
General, and Rhode Island Division of Public Utilities and
Carriers--State AGs and Advocates
New York Independent System Operator, Inc.--NYISO
New York State Public Service Commission--New York Commission
Newfoundland and Labrador Hydro--NL Hydro
Newmont Mining Corp.--Newmont
NiSource Inc.--NiSource
NRG Energy, Inc.--NRG
Oregon Public Utilities Commission--Oregon Commission
Ormet Power Marketing--Ormet
Pacific Gas & Electric Co.--PG&E
Piedmont Municipal Power Agency and ElectriCities of North
Carolina--Carolina Agencies
Pinnacle West Companies--Pinnacle
Powerex Corp.--Powerex
PPL Companies--PPL
PPM Energy, Inc.--PPM
Progress Energy, Inc.--Progress Energy
Public Service Electric and Gas Company, PSEG Power LLC and PSEG
Energy Resources & Trade LLC--PSEG Companies
Public Service Co. of New Mexico/Tuscon Electric Power Company--PNM/
Tuscon
Public Works Commission for the City of Fayetteville, North
Carolina--Fayetteville
Puget Sound Energy, Inc.--Puget
Reliant Energy, Inc.--Reliant
Richard Blumenthal, Attorney General for the State of Connecticut
and the People of the State of Illinois, by and through the Illinois
Attorney General, Lisa Madigan--Attorneys General of Connecticut and
Illinois
Romkaew Broehm, PhD. and Peter Fox-Penner--Drs. Broehm and Fox-
Penner
Sempra Energy--Sempra
Southern California Edison Co.--SoCal Edison
Southern Company Services, Inc.--Southern
Southwest Industrial Customer Coalition--Southwest Coalition
Suez Energy North America, Inc. and Chevron USA Inc.--Suez/Chevron
Towns of Black Creek, NC; Dallas, NC; Forest City, NC; Lucama, NC;
Sharpsburg, NC; Stantonsburg, NC; and Waynesville, NC--NC Towns
Transmission Dependent Utility Systems--TDU Systems
TXU Portfolio Management Co. LP--TXU Wholesale
Westar Energy, Inc. and Kansas Gas and Electric Co.--Westar
Williams Power Co., Inc.--Williams
Wisconsin Electric Power Co.--Wisconsin Electric
Xcel Energy Services Inc.--Xcel

    Note: The following attachment will not appear in the Code of
Federal Regulations

Attachment A to the Final Rule

    MOELLER, Commissioner, dissenting in part: I find persuasive the
arguments raised by commenters \1240\ that a limited grandfathering
provision for the ``1996 exemption'' \1241\ is warranted, to avoid
modifying the understanding that certain generators relied upon to
finance and construct new generation. It is my position that, with
respect to sales from capacity for which construction commenced on
or after July 9, 1996, but before the effective date of this Final
Rule, any public utility that has authority to engage in market-
based rate sales should not be required to demonstrate a lack of
market power in generation consistent with the terms of the
exemption. That is, any public utility that qualified and received a
1996 exemption should retain its exemption from filing a generation
market power analysis (now termed horizontal market power analysis).
However, any increase in such capacity after the effective date of
this Final Rule would terminate the exemption.
---------------------------------------------------------------------------

    \1240\ Such commenters include EPSA, Mirant and Constellation.
    \1241\ 18 CFR 35.27(a) (2006), which states ``Notwithstanding
any other requirements, any public utility seeking authorization to
engage in sales for resale of electric energy at market-based rates
shall not be required to demonstrate any lack of market power in
generation with respect to sales from capacity for which
construction has commenced on or after July 9, 1996.''
---------------------------------------------------------------------------

    As I have stated previously, I am interested in providing
regulatory certainty, and promoting infrastructure investment and
independent power production. A limited grandfathering of the 1996
exemption would, on one hand, allow entities to continue to preserve
the bargain they received when they relied on the exemption and, on
the other hand, support the majority's reasons for revoking the
exemption for all generators.
    Also, my understanding is that very few entities would be
eligible for this limited grandfathering; even without the
grandfathering, they would probably be classified as ``Category 1
sellers.'' \1242\ Moreover, this exemption neither precludes any
entity from presenting evidence to the Commission, nor disallows the
Commission of its own accord, to investigate an allegation of market
power abuse by an exempt generator. This should allay any fears that
these smaller entities will be able to exercise generation market
power.\1243\
---------------------------------------------------------------------------

    \1242\ ``The sellers that have taken advantage of the exemption
will largely qualify as Category 1 sellers, and thus will be
unaffected to the extent that they will not be required to file a
regularly scheduled updated market power analysis.'' Final Rule at P
321.
    \1243\ In defending our decision to create Category 1 sellers,
the majority observes that no commenter has submitted compelling
evidence that Category 1 sellers have unmitigated market power.
Final Rule at P 334.
---------------------------------------------------------------------------

Philip D. Moeller

Commissioner.

 [FR Doc. E7-13675 Filed 7-19-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Notices]
[Pages 64322-64324]
[FR Doc No: 2019-25274]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-3442]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Web-Based Pilot
Survey To Assess Allergy to Cosmetics in the United States

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995 (PRA).

DATES: Fax written comments on the collection of information by
December 23, 2019.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-NEW and
title ``Web-Based Pilot Survey to Assess Allergy to Cosmetics in the
United States.'' Also include the FDA docket number in brackets in the
heading of this document.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Web-Based Pilot Survey To Assess Allergy to Cosmetics in the United
States

OMB Control Number 0910-NEW

I. Background

    In the past 40 years, the cosmetics industry, as well as consumer
behaviors and expectations related to cosmetics, have evolved.
Technological and scientific advances have been made in cosmetics
production, manufacturing, marketing, and usage, while consumer access
to information about cosmetic products and ingredients has expanded,
because of the internet and social media influences. Most notably,
multiple cosmetic products such as lotions, perfume, body wash, hand
wash, shampoo, deodorant, hair spray, baby wipes, nail polish, etc. are
used daily by nearly everyone in the United States, including infants,
children, adults, geriatric populations, healthy people, and
individuals with medical conditions.
    Evidence indicates that the prevalence of allergies in the U.S.
population is increasing (Ref. 1). However, no publicly available data
has been collected on the prevalence of adverse reactions to cosmetic
products since 1975 (Ref. 2). FDA proposes a pilot study to collect the
data needed for a current and detailed understanding of the impact of
allergens on consumer use of cosmetics. In addition to updating our
knowledge about cosmetics, this new information collection is
consistent with FDA's efforts to improve public awareness of adverse
events associated with FDA-regulated products. In December 2016, FDA
decided to make public the adverse event data in the Center for Food
Safety and Applied

Nutrition (CFSAN) Adverse Events Reporting System (CAERS). CAERS (and
its imminent successor the CFSAN Adverse Events Management System or
CAEMS) provides the public with transparent access to all food and
cosmetic related adverse events reported to FDA. However, the
information that we have collected and that which will be collected
through CAERS is an underestimate of adverse events to cosmetics in the
United States, as not every adverse event is reported by consumers
through CAERS because some consumers are not aware of CAERS or some
choose not to report.
    To obtain additional relevant data, FDA proposes to conduct a pilot
study, ``Web-based Pilot Survey to Assess Allergy to Cosmetics in the
United States.'' The objective of the current effort is to collect
information needed for a more current understanding of the prevalence
of adverse reactions to cosmetics. FDA proposes to conduct an
exploratory consumer web-based survey to collect data on consumer use
of cosmetic products, the frequency of adverse events believed to be
caused by allergens in cosmetics, consumer awareness of the problem,
and actions (if any) taken to avoid the allergens.
    The proposed survey will use a 20-minute web-based questionnaire to
collect information from 1,000 English-speaking adult members of a
probability-based web-enabled research panel maintained by a
contractor. Selected panel members will be sent an email invitation to
participate in the survey. After clicking on the link in the email
invitation, panelists will be directed to the online instrument. On the
first screen, panelists will provide disclosure information which
includes informed consent and be asked if they would like to proceed
with the survey. Consenting respondents will be prompted to complete
the survey. After OMB approval of this collection and prior to the
full-scale survey, a pretest will be conducted with 100 respondents
randomly selected from the panel.
    The web-based panel is designed to be representative of the U.S.
adult population. This representation is achieved through address-based
sampling where every U.S. adult with an address (including those who do
not have a landline phone number) has an equal probability of being
selected for participation.
    This pilot study is part of the Agency's continuing effort to
understand the impact of allergens on cosmetics.
    In the Federal Register of November 8, 2018 (83 FR 55896), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. FDA received 82 comments. Several addressed
issues not related to the PRA, while others were PRA related. Of the
comments received, several described the commenter's reactions to
cosmetics, and while important, these comments do not address the PRA
and will not be discussed here.
    Several comments discussed the necessity and practical utility of
the collection. This survey represents an ongoing effort by FDA to
better understand cosmetic ingredients that may be potential allergens,
and this survey constitutes the third contract over the last few years
to address allergens in cosmetics. A few comments thought the proposed
information collected by the survey does not appear to be necessary for
proper performance of FDA's functions because of the small size of the
number of respondents but several comments described how the collection
was important and needed to be conducted so that we can better
understand consumer's perception of skincare and beauty products.
Several comments supported the survey because they agreed with the
intention and methods being proposed and because of the topic's growing
interest and concern to consumers. We appreciate these comments
supporting our undertaking this survey of reactions to allergens in
cosmetics.
    This survey is part of an ongoing effort by FDA to better
understand cosmetic ingredients that may be potential allergens, and
this constitutes the third contract over the last few years to address
allergens in cosmetics. The first contract in 2015-2016 conducted a
comprehensive literature review of 26 fragrances that the European
Union has identified as allergens. The second contract in 2016-2017
expanded the inquiry to other cosmetic ingredients, and it tested the
criteria that were developed from the earlier contract on the 26
fragrance allergens. We appreciate comments of support for undertaking
this survey of reactions to allergens in cosmetics.
    A few comments had concerns about the study population of the
survey and its size. With respect to the statistical power of the
study, FDA notes that the relevant questions are binary (e.g., do you
have an allergy or not, has it been medically confirmed or not, etc.),
which allows precise estimates for the fraction of adults reporting an
allergy and the fraction having had the allergy medically confirmed
with a relatively smaller sample. Based on the power calculations
performed for this study, 1,000 completed surveys will allow detection
of differences of 6.6 percentage points in the estimates of allergy or
not with 95% confidence, 80% power, and a Design Effect of 1.1. With
respect to the study group composition, the sampling frame for the
survey is the GfK Custom Research, Inc. (GfK) online consumer panel,
KnowledgePanel (KP), which is a probability-based consumer panel that
is designed to be representative of the U.S. adult population. Because
the purpose of this survey is limited to obtaining nationally
representative estimates of the U.S. population that have a medically
diagnosed allergy and to obtain descriptive statistics on cosmetics use
by U.S. citizens and other questions, suggested oversampling of
specific groups (e.g. women, new cosmetics users and so on) would
result in unequal weighting effects that would reduce our precision for
the national estimates.
    Several comments noted that the survey might be improved by
including additional questions, rephrasing existing questions to
improve accuracy, avoid potential confusion, improve the flow of the
survey, and ultimately reduce time to complete the survey. Thanks to
these comments, FDA has modified the survey in the following manner:
     In the introduction to the survey, we have added text that
describes how the collection of this data will benefit the participant,
and that data will only be presented in aggregate form to maintain
confidentiality. We also added a definition of allergy and text that
describes how the collection will benefit the participant, and only be
presented in aggregate format to maintain confidentiality.
     After Question (Q) 7, we added the question, ``How often
do you buy cosmetic products labeled as `Fragrance-free?' ''.
     In Q14 we added additional reactions that people might
suffer, such as burning eyes or eyelid rash.
     In Qs 1, 11, 14 and 15, to products numbers 39-41 and
45,''excluding sunscreens'' has been added to prevent reporting of
allergies to over the counter drug regulated products.
     In Q18, we added clarifying definitions for mobility,
self-care, etc.
     In Q27, ``fragrance mix ingredients'' was changed to
``fragrance mix allergens''.
     Qs 23-27 were moved to immediately follow Q13 for a more
logical flow.
    In addition to these changes, we have carefully considered and
decided not to make revisions based on the following suggestions:

     Suggestion to add feminine products to product list: We
recognize that the product list given in the survey is fairly
aggregated. However, adding more products (or splitting existing
products) may make the survey longer and more difficult to complete. A
primary limitation to the length of the survey is that the survey
should be short-enough so that it can be completed in 20 minutes or
less. The desired sample size would be more difficult to achieve by
lengthening the survey.
     Suggestion to omit questions regarding expiration dates:
Although cosmetic products are not required to have an expiration date
printed on them (as pointed out by commenters), we have determined that
some products do include expiration dates. The purpose of these
questions is to determine whether this information, when available, is
used by the consumer.
     Suggestions to use another list of allergens (Q26):
Commenters are correct that other lists of allergens are available
(such as the American Contact Dermatitis Society (ACDS)), in addition
to the one provided in our survey. However, it is important to note
that the ACDS is only one of many patch tests that could be used and is
not actually the standard patch test in the United States (TRUE test is
the only patch test approved for use by FDA). FDA chose the list
included in the survey based on an independent review of sensitization
data for various cosmetics ingredients and found these ingredients to
be of most interest.
     Suggestion to clarify the terms ``product'', ``cosmetic'',
and ``cosmetic product'': We conducted several cognitive interviews and
the use of these terms did not seem to create any problems for the
participants.
     Symptoms and clinical signs of skin allergies: For
question 14, the following reactions were listed: Burning, Blistering,
Hair Loss, Itchiness, Scabs or Scales, Skin Rash or Redness, and
Swelling. These reactions are in agreement with the American College of
Allergy, Asthma, & Immunology list of the symptoms for cosmetic
dermatitis: Red, irritated skin, itching, swelling, bumps or blisters,
hot or tender skin (https://acaai.org/allergies/types/skin-allergies/contact-dermatitis). Further, research suggests that allergic contact
dermatitis of the scalp can be a cause of hair loss (https://jamanetwork.com/journals/jamadermatology/fullarticle/478194).
     Linking allergic reaction to a single product or
ingredient: We agree that it may be difficult to isolate an allergic
reaction to a single product or causative ingredient. Still, some
consumers are able to accurately pinpoint the ingredient. Asking first
whether a person has an allergy (Q12) and then following it up with
questions about whether it has been medically confirmed (Q23) should
allow one to adequately estimate the fraction of adults that believe
they have an allergy (based on data from Q12) and the fraction that
have actually confirmed this allergy (based on data from Q23). This
should provide a more complete picture of the incidence of allergies to
cosmetics that is currently lacking.
     Suggestions to include additional questions: Allergic
reactions to cosmetics worn by other individuals, caused by other
products (e.g., laundry detergents), health conditions beyond
allergies, and economic costs, are beyond the scope of this survey. A
primary limitation is that the survey needs to be short-enough so that
it can be completed in 20 minutes or less and making the survey longer
would likely make it more difficult to achieve the desired sample size.
    Finally, a few comments indicated that the estimated time to
complete the survey is too low and that a reduction in survey length
could positively improve survey results. These comments also believe
the survey will reflect inadequacies and access which will impact
respondent input and FDA discovery. As discussed earlier, the survey
will be conducted using the GfK online consumer panel, KP. GfK
routinely conducts surveys of this length using their panel and we are
confident we will achieve 1,000 completes.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                   Number of
        Study component            Number of     responses per   Total annual    Average burden     Total hours
                                  respondents     respondent       responses      per response
----------------------------------------------------------------------------------------------------------------
Pretest invitation............             200               1             200  0.033 (2                       7
                                                                                minutes).
Pretest.......................             100               1             100  0.333 (20                     33
                                                                                minutes).
Survey Invitation.............           1,667               1           1,667  0.033 (2                      55
                                                                                minutes).
Survey........................           1,000               1           1,000  0.333 (20                    333
                                                                                minutes).
                               ------------------------------------------------                  ---------------
    Total.....................  ..............  ..............  ..............  ................             428
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

II. References

    The following references marked with an asterisk (*) are on display
at the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD, 20852 and
are available for viewing by interested persons between 9 a.m. and 4
p.m., Monday through Friday; they are also available electronically at
https://www.regulations.gov. References without asterisks are not on
public display at https://www.regulations.gov because they have
copyright restriction. Some may be available at the website address, if
listed. References without asterisks are available for viewing only at
the Dockets Management Staff. FDA has verified the website addresses,
as of the date this document publishes in the Federal Register, but
websites are subject to change over time.

1. Peiser, M., T. Traulau, J. Heidler, et al., ``Allergic Contact
Dermatitis: Epidemiology, Molecular Mechanisms, In Vitro Methods and
Regulatory Aspects. Current Knowledge Assembled at an International
Workshop at BfR, Germany.'' Cellular and Molecular Life Sciences,
69:763-781, 2012.
2. * Westat, Inc., ``An Investigation of Consumers' Perceptions of
Adverse Reactions to Cosmetic Products.'' Final report submitted to
U.S. Department of Health, Education, and Welfare, Food and Drug
Administration. June 1975.

    Dated: November 12, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-25274 Filed 11-20-19; 8:45 am]
 BILLING CODE 4164-01-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

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

PACIFIC WINGS, LLC

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

NOTICE OF REGISTRATION OF TRADE NAME

On January 4, 2007, Pacific Wings, LLC (“Pacific Wings”), a
certificated air carrier, requested that the Department register the
trade names “PW Express” and “Pacific Wings Airlines” for use in
certain of its air transportation operations.

Part 215 (14 CFR 215) of the Department’s regulations provides that
any carrier wishing to use an alternative trade name must first register
that name with the Department.  The rule further states that the
Department may register such trade name after the air carrier gives
notification to similarly named air carriers of the proposed use of the
trade name.  If the registration of the proposed trade name would likely
result in significant potential for public confusion the Department may
preclude registration of such trade name.  Moreover, the Department may
also pursue enforcement action in cases where there is evidence of
actual public harm or confusion in violation of the unfair and deceptive
practices provisions set forth under 49 U.S.C. § 41712.

In this case, we identified one similarly named air carrier, Pacific
Wings Airlines Limited, a Canadian air taxi registered under Part 294 of
the Department’s regulations and Part 129 of the Federal Aviation
Regulations, and on January 9, 2007, we requested Pacific Wings to
notify Pacific Wings Airlines Limited of the proposed use of the trade
names “PW Express” and “Pacific Wings Airlines.” On January 10,
2007, Pacific Wings provided evidence that it had complied with our
request.

Since Pacific Wings has complied with the requirements of Part 215, we
acknowledge registration of the trade names “PW Express” and
“Pacific Wings Airlines” by Pacific Wings for use in its operations.
 In doing so, we note that Pacific Wings Airlines Limited has not filed
an answer objecting to the proposed use of the trade names.
Furthermore, each air carrier has performed their respective operations
using similar names for more than two years and the Department has not
received any consumer complaints concerning name confusion.  Moreover,
we find that Pacific Wings operations using 9-seat Cessna 208 aircraft
operated among destinations within the state of Hawaii are significantly
different in both geographical area of operations and type of operations
than the operations performed by Pacific Wings Airlines Limited,
primarily using 8-seat Dehavilland DHC-2 amphibious aircraft operated
among destinations in Canada and the northwestern United States.
Therefore it is not evident that public confusion would likely result
from Pacific Wings’ use of the trade names “PW Express” and
“Pacific Wings Airlines” in its operations.

However, should the Department find evidence of consumer harm as a
result of name confusion, we will not hesitate to take appropriate
action under 49 U.S.C 41712.

Dated at Washington, D.C., January 12, 2007.

TODD M. HOMAN

Director

Office of Aviation Analysis

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

http://dms.dot.gov	Attachment A

SERVICE LIST FOR

PACIFIC WINGS, LLC

   MR GREGORY WALDEN

   PATTON BOGGS LLP

   COUNSEL FOR PACIFIC WINGS LLC

   2550 M STREET NW

   WASHINGTONM DC 20037-1350

   MR PETER LYNCH FAA

   ASST CHIEF COUNSEL

   FOR ENFORCEMENT AGC-300

   800 INDEPENDENCE AVE SW

   WASHINGTON DC  20591

   MR DON BRIGHT K-14

   OFFICE OF AIRLINE INFORMATION

   DEPARTMENT OF TRANSPORTATION

   400 SEVENTH STREET SW

   WASHINGTON DC 20590

	   MS LORI AQUILINO

   CSET ASST MGR

   FAA SFO-IFO

   831 MITTEN ROAD STE 105

   BURLINGAME CA 94010

   MR DAVID LUSK

   POI FOR PACIFIC WINGS LLC

   HONOLULU FSDO

   135 NAKOLO PLACE

   HONOLULU HI 96819

	   PACIFIC WINGS AIRLINES LIMITED

   5764 WHARF STREET

   SECHELT BC V0N 3A0

  See Order 2001-8-2, issued August 7, 2001.

 PAGE   2