[Federal Register Volume 86, Number 113 (Tuesday, June 15, 2021)]
[Notices]
[Pages 31703-31705]
[FR Doc No: 2021-12512]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP21-452-000]

Notice of Request Under Blanket Authorization and Establishing
Intervention and Protest Deadline; Northern Natural Gas Company

    Take notice that on May 27, 2021, Northern Natural Gas Company
(Northern), 1111 South 103rd Street, Omaha, NE 68124, filed in the
above referenced docket a prior notice pursuant to Sections 157.205 and
157.213(b) of the Federal Energy Regulatory Commission's regulations
under the Natural Gas Act, seeking authorization to convert the
existing McCleary No. 5 observation well in the Redfield Storage Field
in Dallas County, Iowa into a withdrawal well. The proposed facilities
include a new well building containing various surface facilities to
allow the connection of the McCleary No. 5 well to existing pipeline
laterals, two 3-inch-diameter gas pipeline laterals (1,230 and 1,280
feet in length) and 955 feet of 3-inch-diameter water line. The new
well building would contain various flow control, measurement, and
communications equipment. The gas pipeline laterals, and water line
would connect to existing gas and water lines within the Redfield
storage complex. The project is designed to improve Northern's ability
to recover storage gas from the Mount Simon and Saint Peter reservoirs
in the southeastern section of the field as these reservoirs are
currently not being effectively drained by the existing array of
withdrawal wells. Northern proposes to install these facilities under
authorities granted by its blanket certificate issued in Docket No.
CP82-401-000.\1\ The estimated cost to convert the McCleary No. 5 well
is approximately $1.3 million all as more fully set forth in the
request which is on file with the Commission and open to public
inspection.
---------------------------------------------------------------------------

    \1\ Northern Natural Gas Company, 20 FERC ] 62,410 (1982).
---------------------------------------------------------------------------

    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 the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended

access to the Commission's Public Reference Room, due to the
proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVID-19), issued by the President on March 13,
2020. For assistance, contact the Federal Energy Regulatory Commission
at<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    Any questions concerning this application should be directed to
Michael T. Loeffler, Senior Director, Certificates and External
Affairs, Northern Natural Gas Company, 1111 South 103rd Street, Omaha,
NE 68124, phone:<PHONE_NUMBER>, email<EMAIL_ADDRESS>
Public Participation

    There are three ways to become involved in the Commission's review
of this project: You can file a protest to the project, you can file a
motion to intervene in the proceeding, and you can file comments on the
project. There is no fee or cost for filing protests, motions to
intervene, or comments. The deadline for filing protests, motions to
intervene, and comments is 5:00 p.m. Eastern Time on August 9, 2021.
How to file protests, motions to intervene, and comments is explained
below.

Protests

    Pursuant to section 157.205 of the Commission's regulations under
the NGA,\2\ any person \3\ or the Commission's staff may file a protest
to the request. If no protest is filed within the time allowed or if a
protest is filed and then withdrawn within 30 days after the allowed
time for filing a protest, the proposed activity shall be deemed to be
authorized effective the day after the time allowed for protest. If a
protest is filed and not withdrawn within 30 days after the time
allowed for filing a protest, the instant request for authorization
will be considered by the Commission.
---------------------------------------------------------------------------

    \2\ 18 CFR 157.205.
    \3\ Persons include individuals, organizations, businesses,
municipalities, and other entities. 18 CFR 385.102(d).
---------------------------------------------------------------------------

    Protests must comply with the requirements specified in section
157.205(e) of the Commission's regulations,\4\ and must be submitted by
the protest deadline, which is August 9, 2021. A protest may also serve
as a motion to intervene so long as the protestor states it also seeks
to be an intervenor.
---------------------------------------------------------------------------

    \4\ 18 CFR 157.205(e).
---------------------------------------------------------------------------

Interventions

    Any person has the option to file a motion to intervene in this
proceeding. Only intervenors have the right to request rehearing of
Commission orders issued in this proceeding and to subsequently
challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
    To intervene, you must submit a motion to intervene to the
Commission in accordance with Rule 214 of the Commission's Rules of
Practice and Procedure \5\ and the regulations under the NGA \6\ by the
intervention deadline for the project, which is August 9, 2021. As
described further in Rule 214, your motion to intervene must state, to
the extent known, your position regarding the proceeding, as well as
your interest in the proceeding. For an individual, this could include
your status as a landowner, ratepayer, resident of an impacted
community, or recreationist. You do not need to have property directly
impacted by the project in order to intervene. For more information
about motions to intervene, refer to the FERC website at https://www.ferc.gov/resources/guides/how-to/intervene.asp.
---------------------------------------------------------------------------

    \5\ 18 CFR 385.214.
    \6\ 18 CFR 157.10.
---------------------------------------------------------------------------

    All timely, unopposed motions to intervene are automatically
granted by operation of Rule 214(c)(1). Motions to intervene that are
filed after the intervention deadline are untimely and may be denied.
Any late-filed motion to intervene must show good cause for being late
and must explain why the time limitation should be waived and provide
justification by reference to factors set forth in Rule 214(d) of the
Commission's Rules and Regulations. A person obtaining party status
will be placed on the service list maintained by the Secretary of the
Commission and will receive copies (paper or electronic) of all
documents filed by the applicant and by all other parties.

Comments

    Any person wishing to comment on the project may do so. The
Commission considers all comments received about the project in
determining the appropriate action to be taken. To ensure that your
comments are timely and properly recorded, please submit your comments
on or before August 9, 2021. The filing of a comment alone will not
serve to make the filer a party to the proceeding. To become a party,
you must intervene in the proceeding.

How To File Protests, Interventions, and Comments

    There are two ways to submit protests, motions to intervene, and
comments. In both instances, please reference the Project docket number
CP21-452-000 in your submission.
    (1) You may file your protest, motion to intervene, and comments by
using the Commission's eFiling feature, which is located on the
Commission's website (www.ferc.gov) under the link to Documents and
Filings. New eFiling users must first create an account by clicking on
``eRegister.'' You will be asked to select the type of filing you are
making; first select General'' and then select ``Protest'',
``Intervention'', or ``Comment on a Filing''; or \7\
---------------------------------------------------------------------------

    \7\ Additionally, you may file your comments electronically by
using the eComment feature, which is located on the Commission's
website at www.ferc.gov under the link to Documents and Filings.
Using eComment is an easy method for interested persons to submit
brief, text-only comments on a project.
---------------------------------------------------------------------------

    (2) You can file a paper copy of your submission by mailing it to
the address below.\8\ Your submission must reference the Project docket
number CP21-452-000.
---------------------------------------------------------------------------

    \8\ Hand-delivered submissions in docketed proceedings should be
delivered to Health and Human Services, 12225 Wilkins Avenue,
Rockville, Maryland 20852.

Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
---------------------------------------------------------------------------
First Street NE, Washington, DC 20426

    The Commission encourages electronic filing of submissions (option
1 above) and has eFiling staff available to assist you at (202) 502-
8258 or [email protected]
    Protests and motions to intervene must be served on the applicant
either by mail or email (with a link to the document) at: Michael T.
Loeffler, Senior Director, Certificates and External Affairs, Northern
Natural Gas Company, 1111 South 103rd Street, Omaha, NE 68124 or
<EMAIL_ADDRESS>Any subsequent submissions by an intervenor
must be served on the applicant and all other parties to the
proceeding. Contact information for parties can be downloaded from the
service list at the eService link on FERC Online.

Tracking the Proceeding

    Throughout the proceeding, additional information about the project
will be available from the Commission's Office of External Affairs, at
(866) 208-FERC, or on the FERC website at www.ferc.gov using the
``eLibrary'' link as described above. The eLibrary link also provides
access to the texts of all

formal documents issued by the Commission, such as orders, notices, and
rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. For more information and to register, go to
www.ferc.gov/docs-filing/esubscription.asp.

    Dated: June 9, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-12512 Filed 6-14-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 10 (Wednesday, January 15, 2014)]
[Notices]
[Pages 2733-2735]
[FR Doc No: 2014-00584]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71279; File No. SR-NASDAQ-2013-166]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Make Modifications to Fees and Credits Under Rules 7014 and 7018

January 9, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 30, 2013, The NASDAQ Stock Market LLC (``NASDAQ'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change as described in Items I, II and
III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    NASDAQ is proposing to make changes to its schedule of fees and
credits applicable to execution of orders under Rule 7018, and its
Investor Support Program (``ISP'') of credits under Rule 7014. NASDAQ
proposes to implement the proposed rule change on January 2, 2014. The
text of the proposed rule change is available on the Exchange's Web
site at http://nasdaq.cchwallstreet.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    NASDAQ is proposing to make two pricing changes, effective January
2, 2014. First, NASDAQ is modifying the ISP by eliminating one of the
set of criteria under which a member may qualify for a $0.0001 credit
under the program; the change reflects the fact that members have not,
in the recent past, qualified for the program under the set of criteria
that is being eliminated, and therefore the change will not affect ISP
participants in any respect. The ISP enables NASDAQ members to earn a
monthly fee credit for providing additional liquidity to NASDAQ and
increasing the NASDAQ-traded volume of what are generally considered to
be retail and institutional investor orders in exchange-traded
securities (``targeted liquidity''). Participants in the ISP are
required to designate specific NASDAQ order entry ports for use under
the ISP and to meet specified criteria focused on market participation,
liquidity provision, and high rates of order execution. Currently, a
member that participates in the ISP receives a credit of $0.00005,
$0.0001, or $0.0002 per share with respect to the number of shares of
displayed liquidity provided by the member that execute at $1 or more
per share.\3\ The precise credit rate is determined by factors designed
to measure the degree of the member's participation in the Nasdaq
Market Center and the percentage of orders that it enters that
execute--its ``ISP Execution Ratio''--which is seen as indicative of
retail or institutional participation.
---------------------------------------------------------------------------

    \3\ A participant in the ISP must designate specific order-entry
ports for use in tabulating certain requirements under the program.
---------------------------------------------------------------------------

    Under the set of criteria that is being eliminated, a member might
qualify for a credit of $0.0002 per share with respect to shares of
displayed liquidity executed at a price of $1 or more and entered
through ISP-designated ports, and $0.00005 per share with respect to
all other shares of displayed liquidity executed at a price of $1 or
more, if the following conditions were met:
    (1) The member's Participation Ratio \4\ for the month exceeds its
Baseline Participation Ratio \5\ by at least 0.30%. The requirement
reflects the expectation that in order to earn a higher rebate under
the program, a member participating in the program must increase its
participation in NASDAQ as compared with an historical baseline.
---------------------------------------------------------------------------

    \4\ ``Participation Ratio'' is defined as follows: ``[F]or a
given member in a given month, the ratio of (A) the number of shares
of liquidity provided in orders entered by the member through any of
its Nasdaq ports and executed in the Nasdaq Market Center during
such month to (B) the Consolidated Volume.'' ``Consolidated Volume''
is defined as follows: ``[T]he total consolidated volume reported to
all consolidated transaction reporting plans by all exchanges and
trade reporting facilities during a month, excluding executed orders
with a size of less than one round lot.''
    \5\ ``Baseline Participation Ratio'' is defined as follows:
``[W]ith respect to a member, the lower of such member's
Participation Ratio for the month of August 2010 or the month of
August 2011, provided that in calculating such Participation Ratios,
the numerator shall be increased by the amount (if any) of the
member's Indirect Order Flow for such month, and provided further
that if the result is zero for either month, the Baseline
Participation Ratio shall be deemed to be 0.485% (when rounded to
three decimal places).'' ``Indirect Order Flow'' is defined as
follows: ``[F]or a given member in a given month, the number of
shares of liquidity provided in orders entered into the Nasdaq
Market Center at the member's direction by another member with
minimal substantive intermediation by such other member and executed
in the Nasdaq Market Center during such month.''
---------------------------------------------------------------------------

    (2) The member's ``ISP Execution Ratio'' for the month must be less
than 10. The ISP Execution Ratio is defined as ``the ratio of (A) the
total number of liquidity-providing orders entered by a member through
its ISP-designated ports during the specified time period to (B) the
number of liquidity-providing orders entered by such member through its
ISP-designated ports and executed (in full or partially) in the Nasdaq
Market Center during such time period; provided that: (i) No order
shall be counted as executed more than once; and (ii) no Pegged Orders,
odd-lot orders, or MIOC or SIOC orders shall be included in the
tabulation.'' \6\ Thus, the definition requires a ratio between the
total number of orders that post to the NASDAQ book and the number of
such orders that actually execute that is low, a characteristic that
NASDAQ believes to be reflective of retail and institutional order
flow.
---------------------------------------------------------------------------

    \6\ These terms have the meanings assigned to them in Rule 4751.
MIOC and SIOC orders are forms of ``immediate or cancel'' orders and
therefore cannot be liquidity-providing orders.
---------------------------------------------------------------------------

    (3) The shares of liquidity provided through ISP-designated ports
during the month are equal to or greater than 0.2% of Consolidated
Volume during the month, reflecting the ISP's goals of encouraging
higher levels of liquidity provision.
    (4) At least 80% of the liquidity provided by the member during the
month is provided through ISP-designated ports. This requirement is
designed to mitigate ``gaming'' of the program by firms that do not
generally represent retail or institutional order flow but that
nevertheless are able to channel a portion of their orders that

they intend to execute through ISP-designated ports and thereby receive
a credit with respect to those orders.
    (5) The member has an average daily volume during the month of more
than 100,000 contracts of liquidity provided through one or more of its
Nasdaq Options Market MPIDs, provided that such liquidity is provided
through Public Customer Orders, as defined in Chapter I, Section 1 of
the Nasdaq Options Market rules.
    (6) The ratio between shares of liquidity provided through ISP-
designated ports and total shares accessed, provided or routed through
ISP-designated ports during the month is at least 0.70.
    As noted above, no member has met these criteria in the recent
past. Moreover, a member may qualify for an ISP credit at identical
rates if it meets the following criteria:
    (1) The member's Participation Ratio for the month exceeds its
Baseline Participation Ratio by at least 0.43% (slightly higher than
under the set of criteria this is being eliminated).
    (2) The member's ``ISP Execution Ratio'' for the month must be less
than 10 (identical to the set of criteria that is being eliminated).
    (3) The shares of liquidity provided through ISP-designated ports
during the month are equal to or greater than 0.2% of Consolidated
Volume during the month (identical to the set of criteria that is being
eliminated).
    (4) At least 40% of the liquidity provided by the member during the
month is provided through ISP-designated ports (lower than under the
set of criteria that is being eliminated). This set of criteria
contains no requirement with respect to usage of the Nasdaq Options
Market or the ratio of shares of liquidity provided through ISP-
designated ports to total shares entered through ISP-designated ports.
    Second, NASDAQ is eliminating a special reduced fee that has
applied to QDRK and QCST orders when they access liquidity on
NASDAQ.\7\ Currently, the fee for such orders is $0.0029 per share
executed, but NASDAQ is increasing the fee to $0.0030 per share
executed. As a result, the fee charged will be identical to the fee
charged to all other liquidity-accessing orders (other than orders
entered by a member qualifying for a volume-based discount that will
remain on the fee schedule). The reduced fee had been adopted as a
promotional discount when QDRK and QCST were first introduced in early
2013. With usage of the routing strategies now established, NASDAQ has
concluded that the continuation of the promotional discount is no
longer warranted.
---------------------------------------------------------------------------

    \7\ QDRK is a routing option under which orders check the Nasdaq
Market Center for available shares and simultaneously route the
remaining shares to destinations on the applicable routing table
that are not posting Protected Quotations within the meaning of
Regulation NMS. If shares remain un-executed after routing, they are
posted on the book. Once on the book, if the order is subsequently
locked or crossed by another market center, NASDAQ will not route
the order to the locking or crossing market center. QCST is a
routing option under which orders check the Nasdaq Market Center for
available shares and simultaneously route the remaining shares to
destinations on the applicable routing table that are not posting
Protected Quotations within the meaning of Regulation NMS and to
certain, but not all, exchanges. If shares remain un-executed after
routing, they are posted on the book. Once on the book, if the order
is subsequently locked or crossed by another market center, NASDAQ
will not route the order to the locking or crossing market center.
---------------------------------------------------------------------------

2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\8\ in general, and with
Sections 6(b)(4) and 6(b)(5) of the Act,\9\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which NASDAQ operates or controls, and is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f.
    \9\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The change with respect to the ISP are reasonable because no member
currently qualifies or has recently qualified for the set of criteria
that is being eliminated; accordingly, the change will have no impact
on credits received by members. The change is consistent with an
equitable allocation of fees and is not unfairly discriminatory because
members may continue to qualify for the ISP under other sets of
criteria, including a set of criteria that results in identical credits
to the set of criteria that is being eliminated and that features
requirements that are likely to be easier to achieve that [sic] those
contained in the set that is being eliminated.
    The change with respect to QDRK and QCST is reasonable because the
resulting fee of $0.0030 per share executed is identical to the fee
charged with respect to most other orders that access liquidity at
NASDAQ. Such fee is consistent with the requirements of Rule 610 under
Regulation NMS \10\ with respect to the permissible level of access
fees. The change is consistent with an equitable allocation of fees and
is not unfairly discriminatory because it will make the fees charged
for accessing liquidity through QCST and QDRK consistent with the fees
charged for other orders.
---------------------------------------------------------------------------

    \10\ 17 CFR 242.610.
---------------------------------------------------------------------------

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

    NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. NASDAQ notes that
it operates in a highly competitive market in which market participants
can readily favor competing venues if they deem fee levels at a
particular venue to be excessive, or rebate opportunities available at
other venues to be more favorable. In such an environment, NASDAQ must
continually adjust its fees and rebates to remain competitive with
other exchanges and with alternative trading systems that have been
exempted from compliance with the statutory standards applicable to
exchanges. Because competitors are free to modify their own fees and
rebates in response, and because market participants may readily adjust
their order routing practices, NASDAQ believes that the degree to which
fee or rebate changes in this market may impose any burden on
competition is extremely limited. In this instance, the change to the
ISP is unlikely to have any effect on competition, since no member
currently qualifies for the set of criteria that is being eliminated.
However, the continuation of the ISP reflects the ongoing importance of
incentive programs in the current competitive environment as mechanisms
for ensuring that fees and credits are set at levels that attracts
[sic] order flow. Similarly, the change with respect to fees for QDRK
and QCST does not have the potential to impair competition since the
routing services offered by NASDAQ are optional and are replicated by
routing services offered by others; thus, members are free to use other
means of routing orders if they believe that the fees associated with
NASDAQ's services are too high. Thus, because members and competing
order execution venues remain free to adopt competitive responses, the
changes do not impair the ability of markets or market participants to
maintain their competitive standing in the financial markets.

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

    Written comments were neither solicited nor received.

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

    The foregoing change has become effective pursuant to Section
19(b)(3)(A) of the Act \11\ and paragraph (f) of Rule 19b-4 \12\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2013-166 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2013-166. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549-1090, on official business days between the hours
of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be
available for inspection and copying at the principal offices of
NASDAQ. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NASDAQ-2013-166, and should be submitted on or before February 5, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-00584 Filed 1-14-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 89 (Thursday, May 7, 2020)]
[Proposed Rules]
[Pages 27172-27174]
[FR Doc No: 2020-09588]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0352; Airspace Docket No. 18-AAL-4]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Sitka, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class E airspace, designated a
surface area, at Sitka Rocky Gutierrez Airport, Sitka, AK. To properly
size the area, the extension southwest of the airport should be
reduced. The extension northwest of the airport is not required and
should be removed. This action also proposes to establish a Class E
airspace area, designated as an extension to a Class D or Class E
surface area, northwest of the airport. Additionally, this action
proposes to properly size Class E airspace extending upward from 700
feet above the surface. The extension southwest of the airport should
increase in size and the extension northwest of the airport is not
required and should be removed. Further, this action proposes to remove
Class E airspace extending upward from 1,200 feet above the surface.
This area is wholly contained within the Alaska southeast en route area
and duplication is not necessary. Lastly, this action proposes numerous
administrative

corrections to the airspace legal descriptions. This action would
ensure the safety and management of IFR operations at the airport.

DATES: Comments must be received on or before June 22, 2020.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1-800-647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2020-0352; Airspace Docket No. 18-AAL-4, at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order 7400.11D, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Matthew Van Der Wal, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it would amend the Class E airspace at Sitka Rocky Gutierrez
Airport, Sitka, AK. to support instrument flight rules (IFR) operations
at the airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Persons wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2020-0352;
Airspace Docket No. 18-AAL-4''. The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at  https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 2200 S 216th Street, Des Moines, WA
98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11D, Airspace
Designations and Reporting Points, dated August 8, 2019, and effective
September 15, 2019. FAA Order 7400.11D is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11D lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by amending Class E airspace, designated a
surface area, at Sitka Rocky Gutierrez Airport, Sitka, AK. This area is
designed to contain arriving IFR aircraft descending below 1,000 feet
above the surface and IFR departures until reaching 700 feet above the
surface. The area is larger than required. The extension to the
southwest of the airport should be reduced. The extension northwest of
the airport is not required and should be removed. This area is
described as follows: That airspace extending upward from the surface
within a 4.1-mile radius of Sitka Rocky Gutierrez Airport, and 1.5
miles each side of the 209[deg] bearing from the airport, extending
from the 4.1-mile radius to 4.4 miles southwest of the Sitka Rocky
Gutierrez Airport.
    This action also proposes to establish a Class E airspace area,
designated as an extension to a Class D or Class E surface area, at the
airport. The area would be northwest of the airport and is designed to
contain IFR aircraft descending below 1,000 feet above the surface.
This area is described as follows: That airspace extending upward from
the surface 4 miles north and 8 miles south of the 315[deg] bearing
from the airport, extending from 0.9 miles northwest of the airport to
28.3 miles northwest of the Sitka Rocky Gutierrez Airport.
    Additionally, this action proposes to amend Class E airspace
extending upward from 700 feet above the surface. This area is designed
to contain arriving IFR aircraft descending below 1,500 feet above the
surface and departing IFR aircraft until reaching 1,200 feet above the
surface. The extension southwest of the airport should increase in size
to contain arriving and departing IFR aircraft. The extension northwest
of the airport is not required and should be removed. This area is
described as follows: That airspace extending upward from 700 feet
above the surface within a 6.6-mile radius of the airport, and within 5
miles each side of the 216[deg] bearing from the airport, extending
from the 6.6-mile radius to 26 miles southwest of the Sitka Rocky
Gutierrez

Airport; excluding that airspace that extends beyond 12 miles from the
coast.
    Further, this action proposes to remove Class E airspace extending
upward from 1,200 feet above the surface. This airspace is wholly
contained within the Alaska southeast en route area and duplication is
not necessary.
    Lastly, this action proposes several administrative corrections to
the airspace legal descriptions. The airport's geographic coordinates
do not match the FAA database and should be updated to lat.
57[deg]02'49'' N, long. 135[deg]21'40'' W. The Class E surface airspace
should be full time; the following two sentences do not accurately
represent the time of use and should be removed: ``This Class E
airspace area is effective during specific dates and times established
in advance by a Notice to Airmen. The effective date and time will
thereafter be continuously published in the Airport/Facility
Directory.''
    Class E2, E4, and E5 airspace designations are published in
paragraphs 6002, 6004, and 6005, respectively, of FAA Order 7400.11D,
dated August 8, 2019, and effective September 15, 2019, which is
incorporated by reference in 14 CFR 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (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); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

Paragraph 6002 Class E Airspace Areas Designated as a Surface Area.

* * * * *

AAL AK E2 Sitka, AK [Amended]

Sitka Rocky Gutierrez Airport, AK
    (Lat. 57[deg]02'49'' N, long. 135[deg]21'40'' W)

    Within a 4.1 mile radius of Sitka Rocky Gutierrez Airport, and
1.5 miles each side of the 209[deg] bearing from the airport,
extending from the 4.1-mile radius to 4.4 miles southwest of the
Sitka Rocky Gutierrez Airport.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.

* * * * *

AAL AK E4 Sitka, AK [New]

Sitka Rocky Gutierrez Airport, AK
    (Lat. 57[deg]02'49'' N, long. 135[deg]21'40'' W)

    That airspace extending upward from the surface 4 miles north
and 8 miles south of the 315[deg] bearing from the airport,
extending from 0.9 miles northwest of the airport to 28.3 miles
northwest of the Sitka Rocky Gutierrez Airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AAL AK E5 Sitka, AK [Amended]

Sitka Rocky Gutierrez Airport, AK
    (Lat. 57[deg]02'49'' N, long. 135[deg]21'40'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of the airport, and within 5 miles each
side of the 216[deg] bearing from the airport, extending from the
6.6-mile radius to 26 miles southwest of the Sitka Rocky Gutierrez
Airport; excluding that airspace that extends beyond 12 miles from
the coast.

    Issued in Seattle, Washington, on April 30, 2020.
Shawn M. Kozica,
Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2020-09588 Filed 5-6-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 149 (Wednesday, August 3, 2011)]
[Notices]
[Pages 46781-46783]
[FR Doc No: 2011-19635]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. IC11-1-000 and IC11-1F-000]

Commission Information Collection Activities (FERC Form 1 and
FERC Form 1F); Comment Request; Extension

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of proposed information collections and request for
comments.

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

SUMMARY: In compliance with the requirements of section 3506(c)(2)(A)
of the Paperwork Reduction Act of 1995, 44 U.S.C. 3506(c)(2)(A) (2006),
(Pub. L. 104-13), the Federal Energy Regulatory Commission (Commission
or FERC) is soliciting public comment on the proposed information
collections described below.

DATES: Comments in consideration of the collections of information are
due October 3, 2011.

ADDRESSES: Comments may be filed either electronically or in paper
format, and should refer to Docket Nos. IC11-1-000 and IC11-1F-000. For
comments that only pertain to the FERC Form 1, specify only the related
docket number. Comments that only pertain to the FERC Form 1F cannot be
eFiled at this time due to a system issue and must be submitted via
mail/courier. Documents must be prepared in an acceptable filing format
and in compliance with the Federal Energy Regulatory Commission
submission guidelines at http://www.ferc.gov/help/submission-guide.asp.
    Comments may be filed electronically under Docket Number IC11-1-000
when comment pertains to both collections via the eFiling link on the
Commission's Web site at http://www.ferc.gov. First time users will
have to establish a user name and password (http://www.ferc.gov/docs-filing/eregistration.asp) before eFiling. The Commission will send an
automatic acknowledgement to the sender's e-mail address upon receipt
of comments through eFiling. Commenters filing electronically should
not make a paper filing. Commenters that are not able to file
electronically must send their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street, NE.,
Washington, DC 20426.
    Users interested in receiving automatic notification of activity in
Docket Number IC11-1 may do so through eSubscription at http://www.ferc.gov/docs-filing/esubscription.asp. However, due to a system
issue, Docket Number IC11-1F is not available at this time for
eSubscription. In addition, all comments and FERC issuances may be
viewed, printed or downloaded remotely through FERC's website using the
``eLibrary'' link and searching on Docket Numbers IC11-1 and IC11-1F.
For user assistance, contact FERC Online Support at:
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY).

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by e-mail
at<EMAIL_ADDRESS>telephone at<PHONE_NUMBER>, and fax at
(202) 273-0873.

SUPPLEMENTARY INFORMATION: In accordance with sections 304 and 309 of

the Federal Power Act, FERC is authorized to collect and record data to
the extent it considers necessary, and to prescribe rules and
regulations concerning accounts, records and memoranda. The Commission
may prescribe a system of accounts for jurisdictional companies and
after notice and an opportunity for hearing may determine the accounts
in which particular outlays and receipts will be entered, charged or
credited.
    The Form No. 1 is a comprehensive financial and operating report
submitted for electric rate regulation and financial audits. Major is
defined as having (1) One million Megawatt hours or more; (2) 100
megawatt hours of annual sales for resale; (3) 500 megawatt hours of
annual power exchange delivered; or (4) 500 megawatt hours of annual
wheeling for others (deliveries plus losses).
    FERC Form 1-F is designed to collect financial and operational
information from non-major public utilities and licensees. Non-major is
defined as having total annual sales of 10,000 megawatt-hours or more
in the previous calendar year and not classified as Major. The
Commission collects Form Nos. 1 and 1-F information as prescribed in 18
CFR 141.1 and 141.2.
    Under the existing regulations FERC jurisdictional entities subject
to its Uniform System of Accounts \1\ must annually (quarterly for the
3Q) file with the Commission a complete set of financial statements,
along with other selected financial and non financial data through the
submission of FERC Forms 1, 1-F, and 3Q \2\. The FERC Annual/Quarterly
Report Forms provide the Commission, as well as others, with an
informative picture of the jurisdictional entities financial condition
along with other relevant data that is used by the Commission, as well
as others, in making economic judgments about the entity or its
industry.
---------------------------------------------------------------------------

    \1\ See 18 CFR part 201.
    \2\ The FERC Form 3Q data collection (OMB Control No. 205) is
not being renewed as part of this proceeding. Some information
regarding the Form 3Q is included here as it relates to the FERC
Forms 1 and 1F.
---------------------------------------------------------------------------

    The information collected in the forms is used by Commission staff,
state regulatory agencies and others in the review of the financial
condition of regulated companies. The information is also used in
various rate proceedings, industry analyses and in the Commission's
audit programs and as appropriate, for the computation of annual
charges based on certain schedules contained on the forms. The
Commission provides the information to the public, interveners and all
interested parties to assist in the proceedings before the Commission.
    Additionally, the uniformity of information helps to present
accurately the entity's financial condition and produces comprehensive
data related to the entity's financial history helping to act as a
guide for future action. The uniformity provided by the Commission's
chart of accounts and related accounting instructions permits
comparability and financial statement analysis of data provided by
jurisdictional entities. Comparability of data and financial statement
analysis for a particular entity from one period to the next, or
between entities, within the same industry, would be difficult to
achieve if each company maintained its own accounting records using
dissimilar accounting methods and classifications to record similar
transactions and events.
    The FERC Annual Report Forms provide the Commission, as well as
others, with an informative picture of the jurisdictional entities'
financial condition along with other relevant data that is used by the
Commission in making economic judgments about the entity or its
industry. For financial information to be useful to the Commission, it
must be understandable, relevant, reliable and timely.
    Action: The Commission is requesting a three-year extension of the
FERC Forms 1 and 1F reporting requirements, with no changes to the
forms.
    Burden Statement: The estimated annual public reporting burden is
reflected in the following table:

----------------------------------------------------------------------------------------------------------------
                                                 Number of       Number of     Average  burden    Total annual
               Data collection                  respondents    responses per      hours per     burden hours (1)
                                               annually (1)   respondent (2)    response (3)       x (2) x (3)
Form 1......................................             209               1             1,162           242,858
Form 1F.....................................               5               1               116               580
                                             -------------------------------------------------------------------
    Total...................................  ..............  ..............  ................           243,438
----------------------------------------------------------------------------------------------------------------

    The total estimated annual cost burden to respondents on the FERC
Form 1 is $12,385,758 (242,858 hours x $51/hour \3\). The average cost
per respondent is $59,262.
---------------------------------------------------------------------------

    \3\ The per hour figures were obtained from the Bureau of Labor
Statistics National Industry-Specific Occupational and Employment
Wage Estimates (http://www.bls.gov/oes/current/naics4_221100.htm),
and are based on the mean wage statistics for staff in the areas of
management, business and financial, legal and administrative. The
mean wage was then increased by 20% to account for benefits/
overhead.
---------------------------------------------------------------------------

    The total estimated annual cost burden to respondents on the FERC
Form 1F is $29,580 (580 hours x $51/hour \3\). The average cost per
respondent is $5,916.
    The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, and utilizing technology and systems for the
purposes of collecting, validating, verifying, processing, maintaining,
disclosing and providing information; (3) adjusting the existing ways
to comply with any previously applicable instructions and requirements;
(4) training personnel to respond to a collection of information; (5)
searching data sources; (6) completing and reviewing the collections of
information; and (7) transmitting or otherwise disclosing the
information.
    The estimate of cost for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or overhead costs are costs
incurred by an organization in support of its mission. These costs
apply to activities which benefit the whole organization rather than
any one particular function or activity.
    Comments are invited on: (1) Whether the proposed collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information will have
practical utility; (2) the accuracy of the agency's estimate of the
burden of the proposed

collections of information, including the validity of the methodology
and assumptions used; (3) ways to enhance the quality, utility and
clarity of the information to be collected; and (4) ways to minimize
the burden of the collections of information on those who are to
respond, including the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology (e.g. permitting electronic submission of
responses).

    Dated: July 28, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-19635 Filed 8-2-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Rules and Regulations]
[Pages 36134-36137]
[FR Doc No: 2012-14377]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1254; Directorate Identifier 2010-NM-178-AD;
Amendment 39-17083; AD 2012-12-04]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD)
for certain The Boeing Company Model 737-300, -400, and -500 series
airplanes. That AD currently requires repetitive external detailed
inspections or non-destructive inspections to detect cracks in the
fuselage skin along the chem-mill steps at stringers S-1 and S-2R,
between station (STA) 400 and STA 460, and repair if necessary. This
new AD adds inspections for cracking in additional fuselage skin
locations, and repair if necessary. This new AD also reduces the
inspection thresholds and repetitive intervals for certain airplanes.
This AD was prompted by reports of additional crack findings of the
fuselage skin at the chem-mill steps. We are issuing this AD to detect
and correct fatigue cracking of the fuselage skin panels at the chem-
mill steps, which could result in sudden fracture and failure of the
fuselage skin panels, and consequent rapid decompression of the
airplane.

DATES: This AD is effective July 23, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of July 23,
2012.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Wayne Lockett, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-
6447; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2008-19-03, Amendment 39-15670 (73 FR 56958,
October 1, 2008). That AD applies to the specified products. The NPRM
published in the Federal Register on November 28, 2011 (76 FR 72853).
That NPRM proposed to continue to require repetitive external detailed
inspections or non-destructive inspections to detect cracks in the
fuselage skin along the chem-mill steps at stringers S-1 and S-2R,
between station (STA) 400 and STA 460, and repair if necessary. That
NPRM also proposed to add inspections for cracking in additional
fuselage skin locations, and repair if necessary. That NPRM also
proposed to reduce the inspection thresholds and repetitive intervals
for certain airplanes.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
(76 FR 72853, November 28, 2011) and the FAA's response to each
comment.

Support for the NPRM (76 FR 72853, November 28, 2011)

    The National Transportation Board supports the NPRM (76 FR 72853,
November 28, 2011).

Request To Revise Paragraph (j) of the NPRM (76 FR 72853, November 28,
2011)

    Boeing asked that we include Boeing Alert Service Bulletin 737-
53A1293, Revision 1, dated July 7, 2010, in the exception to the
service bulletin

specified in paragraph (j) of the NPRM (76 FR 72853, November 28,
2011). (Paragraph (j) of the NPRM is identified as paragraph (j)(1) in
this final rule.) Boeing stated that the compliance times in paragraph
1.E. ``Compliance'' of Boeing Service Bulletin 737-53A1293, Revision 2,
dated August 10, 2011, are based on the release date of Boeing Alert
Service Bulletin 737-53A1293, Revision 1, dated July 7, 2010. Boeing
added that paragraph (j) of the NPRM should be changed to reference
Boeing Alert Service Bulletin 737-53A1293, Revision 1, dated July 7,
2010.
    We agree with the commenter's request for the reason provided. We
have changed paragraph (j)(1) of this AD accordingly.

Request To Clarify the Language in Paragraph (k) of the NPRM (76 FR
72853, November 28, 2011)

    Boeing asked that the language specified in paragraph (k) of the
NPRM (76 FR 72853, November 28, 2011) be clarified. (Paragraph (k) of
the NPRM is identified as paragraph (j)(2) in this final rule.) Boeing
stated that the intent of paragraph (k) of the NPRM is ``to specify an
exception to the compliance time for accomplishing the next service
bulletin inspection, being the effective date of the AD, for the
condition addressed by the paragraph.'' Boeing added that the language
does not clearly describe that it is an exception to the compliance
time; rather, it could be interpreted as an exception to the condition.
    We agree to provide clarification. Paragraph (j)(2) of this AD is
an exception to the conditions, and is provided to establish a date
from which to determine if an inspection has been previously
accomplished. Therefore, we have made no change to the AD in this
regard.

Change to Final Rule

    This final rule has been changed to include an optional
modification of the chem-milled steps at any location identified in
Boeing Service Bulletin 737-53A1293, Revision 2, dated August 10, 2011,
which would eliminate the need for the repetitive inspections required
by paragraph (g) of this AD. We have determined that we can better
ensure long-term continued operational safety by including this
modification. Therefore, we have added a new paragraph (i) to this AD
to include this modification, and reidentified subsequent paragraphs
accordingly. In addition, we have indicated in the Costs of Compliance
section of this AD that we do not have data regarding the cost of the
optional terminating action.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously--and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM (76 FR 72853, November 28, 2011) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 72853, November 28, 2011).

Interim Action

    We consider this AD interim action. If final action is identified
later, we might consider further rulemaking then.

Costs of Compliance

    We estimate that this AD affects 596 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost        Parts cost    Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspections (required actions in   5 work-hours x $85            N/A  $425 per inspection   $253,300 per
 AD 2008-19-03, Amendment 39-       per hour = $425 per                cycle.                inspection cycle.
 15670 (73 FR 56958, October 1,     inspection cycle.
 2008).
New inspections..................  Between 7 and 15              N/A  Between $595 and      Between $354,620 and
                                    work-hours,                        $1,275 per            $759,900 per
                                    depending on                       inspection cycle.     inspection cycle.
                                    airplane
                                    configuration =
                                    between $595 and
                                    $1,275 per
                                    inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
a cost estimate for the on-condition actions or the optional
terminating action specified in this AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2008-19-03, Amendment 39-15670 (73 FR 56958, October 1, 2008), and
adding the following new AD:

2012-12-04 The Boeing Company: Amendment 39-17083; Docket No. FAA-
2011-1254; Directorate Identifier 2010-NM-178-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective July 23, 2012.

(b) Affected ADs

    This AD supersedes AD 2008-19-03, Amendment 39-15670 (73 FR
56958, October 1, 2008).

(c) Applicability

    This AD applies to The Boeing Company Model 737-300, -400, and -
500 series airplanes, certificated in any category; as identified in
Boeing Service Bulletin 737-53A1293, Revision 2, dated August 10,
2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by reports of additional crack findings of
the fuselage skin at the chem-mill steps. We are issuing this AD to
detect and correct fatigue cracking of the fuselage skin panels at
the chem-mill steps, which could result in sudden fracture and
failure of the fuselage skin panels, and consequent rapid
decompression of the airplane.

(f) Compliance

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

(g) Repetitive Inspections

    At the applicable times specified in paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 737-53A1293, Revision 2,
dated August 10, 2011, except as provided by paragraphs (j)(1) and
(j)(2) of this AD: Do both a detailed inspection and a
nondestructive inspection (NDI) (medium frequency eddy current,
magneto optical imaging, C-scan, or ultrasonic phased array) to
detect cracks in the fuselage skin along the chem-mill steps at
stringers S-1 and S-2R, between station (STA) 400 and STA 460, in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 737-53A1293, Revision 2, dated August 10, 2011. Repeat the
applicable inspections thereafter at intervals not to exceed those
specified in paragraph 1.E., ``Compliance,'' of Boeing Service
Bulletin 737-53A1293, Revision 2, dated August 10, 2011.

(h) Repair

    (1) If any crack is found during any inspection required by
paragraph (g) of this AD, before further flight, repair in
accordance with the Accomplishment Instructions of Boeing Service
Bulletin 737-53A1293, Revision 2, dated August 10, 2011; except as
provided by paragraph (h)(2) of this AD. Installation of a repair
that meets the conditions specified in paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 737-53A1293, Revision 2,
dated August 10, 2011, terminates the repetitive inspections
required by paragraph (g) of this AD for the repaired area only.
    (2) If any crack is found during any inspection required by
paragraph (g) of this AD and Boeing Service Bulletin 737-53A1293,
Revision 2, dated August 10, 2011, specifies to contact Boeing for
repair: Before further flight, repair using a method approved in
accordance with the procedures specified in paragraph (l) of this
AD.

(i) Optional Modification

    Accomplishing a modification of the chem-milled steps at any
location identified in Boeing Service Bulletin 737-53A1293, Revision
2, dated August 10, 2011, using a method approved in accordance with
the procedures specified in paragraph (l)(1) of this AD, terminates
the repetitive inspections required by paragraph (g) of this AD for
the modified area only.

(j) Exceptions to Service Bulletin

    (1) Where Boeing Service Bulletin 737-53A1293, Revision 2, dated
August 10, 2011, specifies a compliance time relative to the date of
Boeing Alert Service Bulletin 737-53A1293, Revision 1, dated July 7,
2010, this AD requires compliance within the specified compliance
time after the effective date of this AD.
    (2) Where the Condition column of paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 737-53A1293, Revision 2,
dated August 10, 2011, specifies a condition based on whether an
airplane has or has not been inspected, this AD bases the condition
on whether an airplane has or has not been inspected as of the
effective date of this AD.
    (3) The post-repair inspection specified in Tables 4 and 6 of
paragraph 1.E., ``Compliance,'' of Boeing Service Bulletin 737-
53A1293, Revision 2, August 10, 2011, is not required by this AD.

    Note 1 to paragraph (j)(3) of this AD: The damage tolerance
inspections specified in Tables 4 and 6 of paragraph 1.E.,
``Compliance,'' of Boeing Service Bulletin 737-53A1293, Revision 2,
August 10, 2011, may be used in support of compliance with section
121.1109(c)(2) or 129.109(c)(2) of the Federal Aviation Regulations
(14 CFR 121.1109(c)(2) or 14 CFR 129.109(c)(2)).

(k) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraphs (g), (h), and (i) of this AD, if those actions were
performed before the effective date of this AD using Boeing Alert
Service Bulletin 737-53A1293, Revision 1, dated July 7, 2010.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle ACO, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
ACO, send it to the attention of the person identified in the
Related Information section of this AD. Information may be emailed
to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes ODA that has been authorized by the
Manager, Seattle ACO, to make those findings. For a repair method to
be approved, the repair must meet the certification basis of the
airplane, and the approval must specifically refer to this AD.
    (4) AMOCs approved for AD 2008-19-03, Amendment 39-15670 (73 FR
56958, October 1, 2008), are approved as AMOCs for the corresponding
requirements in this AD.

(m) Related Information

    For more information about this AD, contact Wayne Lockett,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, Washington
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(n) Material Incorporated by Reference

    (1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) of the following service information under 5 U.S.C.
552(a) and 1 CFR part 51:
    (i) Boeing Service Bulletin 737-53A1293, Revision 2, dated
August 10, 2011.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (3) You may review copies of the referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, Washington. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by

reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr_locations.html.

    Issued in Renton, Washington, on May 31, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-14377 Filed 6-15-12; 8:45 am]
BILLING CODE 4910-13-P