[Federal Register: November 28, 2006 (Volume 71, Number 228)]
[Notices]
[Page 68877-68878]
[DOCID:fr28no06-104]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54788; File No. SR-Phlx-2006-77]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Intermarket Sweep Orders in Nasdaq Securities

November 20, 2006.
    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 November 15, 2006, the Philadelphia Stock Exchange, Inc. (``Phlx''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II, below, which Items have been prepared by the Phlx. On November 17,
the Exchange filed Amendment No. 1 to the proposed rule change.\3\ The
Exchange filed the proposal as a ``non-controversial'' rule change
pursuant to Section 19(b)(3)(A) of the Act \4\ and Rule 19b-4(f)(6)
thereunder,\5\ which rendered the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the amended proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Partial Amendment No. 1 corrected a typographical error in
the original filing.
    \4\ 15 U.S.C. 78s(b)(3)(A).
    \5\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Phlx proposes to amend Phlx Rule 185A, Intermarket Sweep
Orders--Temporary, to describe the obligations of the XLE Participants
sending Intermarket Sweep Orders (``ISOs'') \6\ or IOC Cross Orders
that are marked as meeting the requirement to route to other market
centers \7\ (both types of orders hereinafter are referred to as
``Incoming Sweep Orders'') in Nasdaq Global Market Securities and
Nasdaq Capital Market Securities (``Nasdaq Securities''). Specifically,
before Rule 611 of Regulation NMS \8\ is operative on the Exchange (the
``Trading Phase Date''),\9\ the amended rule would expressly require
XLE Participants sending Incoming Sweep Orders in Nasdaq Securities to
simultaneously send an intermarket sweep order (or comparable order)
for the full displayed size of the top of book of every national
securities exchange or national securities association displaying a
better-priced protected quotation. The text of the proposed rule change
is available on Phlx's Web site, http://www.phlx.com, at Phlx's

principal office, and at the Commission's Public Reference Room.
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    \6\ See Phlx Rule 185(b)(2)(C).
    \7\ See Phlx Rule 185(c)(2)(D).
    \8\ 17 CFR 242.611.
    \9\ The Trading Phase Date is February 5, 2007. See Securities
Exchange Act Release No. 53829 (May 18, 2006), 71 FR 30038 (May 24,
2006) (File No. S7-10-04).
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II Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

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

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

1. Purpose
    The purpose of the proposed rule change is to clarify the operation
of Incoming Sweep Orders in Nasdaq Securities before the Trading Phase
Date. Before the Trading Phase Date, Phlx will require XLE Participants
who send Incoming Sweep Orders to the Exchange in Nasdaq Securities to
simultaneously send an intermarket sweep order (or comparable order)
for the full displayed size of the top of book of every national
securities exchange or national securities association displaying a
better-priced protected quotation. This requirement is intended to
mirror the requirement, which will be operative after the Trading Phase
Date, that all such Incoming Sweep Orders meet the requirement of
intermarket sweep orders in Rule 600(b)(30) of Regulation NMS.\10\ Phlx
recently adopted Rule 185A \11\ to deal with, among other things, the
obligations of XLE Participants sending Incoming Sweep Orders, but now
seeks to more clearly state how Rule 185A applies to Nasdaq Securities
because the reference to ITS Participant in the rule could be
ambiguous.
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    \10\ 17 CFR 242.600(b)(30) (defining ``intermarket sweep
order'').
    \11\ See SR-Phlx-2006-76.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \12\ in general, and furthers the objectives of Section
6(b)(5) of the Act \13\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change, as
amended, will impose any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.

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

    No written comments were either solicited or received by the
Exchange.

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

    Because the foregoing rule (i) does not significantly affect the
protection of investors or the public interest; (ii) does not impose
any significant burden on competition; and (iii) by its terms, does not
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest, provided that the
Exchange has given the Commission written notice of its intent to file
the proposed rule change at least five business days prior to the date
of filing of the proposed rule change or such shorter time as
designated by the Commission, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b-
4(f)(6) thereunder.\15\ As required under Rule 19b-4(f)(6)(iii) under
the Act,\16\ Phlx provided the Commission with written notice of its
intent to file the proposed rule change, along with a brief description
and text of the proposed rule change, prior to the date of the filing
of the proposed rule change.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).

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    A proposed rule change filed under Rule 19b-4(f)(6) under the Act
\17\ normally may not become operative prior to 30 days after the date
of filing. However, Rule 19b-4(f)(6)(iii) under the Act \18\ permits
the Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay,
which would make the rule change effective and operative upon filing.
The Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest
because the proposed rule change clarifies the operation of Phlx Rule
185A with respect to the protection of better-priced quotations in
Nasdaq Securities. Accordingly, the Commission designates the amended
proposal to be effective and operative upon filing with the
Commission.\19\
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    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6)(iii).
    \19\ For the purposes only of accelerating the operative date of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, as amended, the Commission may summarily abrogate such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.\20\
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    \20\ See 15 U.S.C. 78s(b)(3)(C).
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IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-Phlx-2006-77 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2006-77. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of the filing
also will be available for inspection and copying at the principal
office of the Phlx. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-Phlx-2006-77 and should be submitted on or before December 19, 2006.
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    \21\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\21\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6-20128 Filed 11-27-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Rules and Regulations]
[Pages 11387-11390]
[FR Doc No: 2012-4452]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0068]
RIN 1625-AA00

Safety Zone; Lauderdale Air Show, Atlantic Ocean, Fort
Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of the Atlantic Ocean in the vicinity of Fort Lauderdale,
Florida during the Lauderdale Air Show. The event is scheduled to take
place on Saturday, April 28, 2012 and Sunday, April 29, 2012. The
safety zone is necessary for the safety of air show participants,
participant aircraft, spectators, and the general public during the
event. Persons and vessels are prohibited from entering, transiting
through, anchoring in, or remaining within the safety zone unless
authorized by the Captain of the Port Miami or a designated
representative.

DATES: This rule is effective from 11 a.m. on April 28, 2012 through
4:15 p.m. on April 29, 2012. This rule will be enforced daily from 11
a.m. until 4:15 p.m. on April 28, 2012 and April 29, 2012.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0068 and are available online
by going to http://www.regulations.gov, inserting USCG-2012-0068 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Lieutenant Jennifer S. Makowski,
Sector Miami Prevention Department, Coast Guard; telephone (305) 535-
8724, email<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard did not receive
necessary information regarding the event until January 17, 2012. As a
result, the Coast Guard did not have sufficient time to publish an NPRM
and to receive public comments prior to the event. Any delay in the
effective date of this rule would be contrary to the public interest

because immediate action is needed to minimize potential danger to air
show participants, participant aircraft, spectators, and the general
public.

Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to protect air show participants,
participant aircraft, spectators, and the general public from hazards
associated with aircraft take-offs and landings, as well as hazards
associated with aircraft performing aerobatic maneuvers over navigable
waters of the United States.

Discussion of Rule

    On April 28, 2012 and April 29, 2012, the National Air, Sea, and
Space Foundation is hosting the Lauderdale Air Show in Fort Lauderdale,
Florida. The Lauderdale Air Show will include numerous aircraft
engaging in aerobatic maneuvers over the Atlantic Ocean. It is expected
that approximately 120 spectator vessels will be present in the area
during the event. The high speed at which participant aircraft will be
traveling and the maneuvers they will be performing pose a safety
hazard to air show participants, participant aircraft, spectators, and
the general public.
    The safety zone encompasses certain navigable waters of the
Atlantic Ocean in the vicinity of Fort Lauderdale, Florida. The safety
zone will be enforced daily from 11 a.m. until 4:15 p.m. on April 28,
2012 and April 29, 2012. Persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
safety zone unless authorized by the Captain of the Port Miami or a
designated representative. Persons and vessels desiring to enter,
transit through, anchor in, or remain within the safety zone may
contact the Captain of the Port Miami by telephone at<PHONE_NUMBER>,
or a designated representative via VHF radio on channel 16, to request
authorization. If authorization to enter, transit through, anchor in,
or remain within the safety zone is granted by the Captain of the Port
Miami or a designated representative, all persons and vessels receiving
such authorization must comply with the instructions of the Captain of
the Port Miami or a designated representative. The Coast Guard will
provide notice of the safety zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    Executive Orders 13563, Improving Regulation and Regulatory Review,
and 12866, Regulatory Planning and Review, direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a significant regulatory
action under section 3(f) of Executive Order 12866. Accordingly, the
Office of Management and Budget has not reviewed this regulation under
Executive Order 12866.
    The economic impact of this rule is not significant for the
following reasons: (1) The safety zone will be enforced for only 10\1/
2\ hours; (2) although persons and vessels will not be able to enter,
transit through, anchor in, or remain within the safety zone without
authorization from the Captain of the Port Miami or a designated
representative, they may operate in the surrounding area during the
enforcement periods; (3) persons and vessels may still enter, transit
through, anchor in, or remain within the safety zone if authorized by
the Captain of the Port Miami or a designated representative; and (4)
the Coast Guard will provide advance notification of the safety zone to
the local maritime community by Local Notice to Mariners and Broadcast
Notice to Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule may affect the following entities, some of which
may be small entities: the owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of the
Atlantic Ocean encompassed within the safety zone from 11 a.m. on April
28, 2012 through 4:15 p.m. on April 29, 2012. For the reasons discussed
in the Regulatory Planning and Review section above, this rule will not
have a significant economic impact on a substantial number of small
entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In

particular, the Act addresses actions that may result in the
expenditure by a State, local, or Tribal government, in the aggregate,
or by the private sector of $100,000,000 or more in any one year.
Though this rule will not result in such an expenditure, we do discuss
the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have Tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves establishing a temporary safety
zone that will be enforced for a total of 10\1/2\ hours. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

0
2. Add a temporary Sec.  165.T07-0068 to read as follows:

Sec.  165.T07-0068  Safety Zone; Lauderdale Air Show, Atlantic Ocean,
Fort Lauderdale, FL.

    (a) Regulated area. The following regulated area is a safety zone.
All waters of the Atlantic Ocean in the vicinity of Fort Lauderdale,
Florida that are encompassed within an imaginary line connecting the
following points: starting at Point 1 in position 26[deg]09'26'' N,
80[deg]05'54'' W; thence east to Point 2 in position 26[deg]09'21'' N,
80[deg]05'14'' W; thence south to Point 3 in position 26[deg]07'24'' N,
80[deg]05'30'' W; thence west to Point 4 in position 26[deg]07'28'' N,
80[deg]06'09'' W; thence north back to origin. All coordinates are
North American Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Miami in the enforcement of the regulated area.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Miami or a
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Miami by telephone at<PHONE_NUMBER>, or a designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated area is granted by the Captain of the Port Miami or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Miami or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Effective date and enforcement periods. This rule is effective
from 11 a.m. on April 28, 2012 through 4:15 p.m. on April 29, 2012.
This rule will be enforced daily from 11 a.m. until 4:15 p.m. on April
28, 2012 and April 29, 2012.

    Dated: February 8, 2012.
G.J. Depinet,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2012-4452 Filed 2-24-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 202 (Friday, October 18, 2013)]
[Notices]
[Page 62348]
[FR Doc No: 2013-24504]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 7518-015]

Erie Boulevard Hydropower L.P.; Notice of Application Tendered
for Filing With the Commission and Establishing Procedural Schedule for
Licensing and Deadline for Submission of Final Amendments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent License.
    b. Project No.: 7518-015.
    c. Date Filed: September 30, 2013.
    d. Applicant: Erie Boulevard Hydropower L.P.
    e. Name of Project: Hogansburg Hydroelectric Project.
    f. Location: On the St. Regis River in Franklin County, New York.
The project does not occupy any federal lands.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Steven Murphy, Brookfield Renewable Power, 33
West 1st Street South, Fulton, New York<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>    i. FERC Contact: John Mudre at<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>    j. This application is not ready for environmental analysis at this
time.
    k. Project Description: The existing Hogansburg Project consists
of: (1) A reservoir having a surface area of about 18.6 acres and a
maximum storage capacity of approximately 112 acre-feet; (2) a 247-
foot-long, 11.5-foot-high concrete gravity dam with a spillway crest
elevation of 165.2 feet above mean sea level; (3) a 34-foot-long, 22-
foot-high stoplog gate structure; (4) a 45-foot by 48-foot integrated
intake/powerhouse structure at the dam's right abutment; (5) a single
S. Morgan Smith vertical propeller generating unit having a rated
capacity of 485 kilowatts; (6) a 600-foot-long tailrace having varying
widths between 24 feet and 100 feet; and (7) 2.4-kilovolt (kV)
generator leads extending about 25 feet to an adjacent electrical
substation containing a 2.4/4.8-kV, 600-kilovolt-amperes, step-up
transformer bank. A transmission line owned and operated by National
Grid Corporation connects directly to the substation. Power generated
at the project interconnects with the electrical grid at the
substation.
    At the time the Commission issued the original license for the
Hogansburg Project (1985), the Commission's regulations did not require
minor projects occupying non-federal lands to have an established
project boundary. Therefore, the boundary for the project is being
established through this relicensing process.
    l. Locations of the Application: A copy of the application is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC Online Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Procedural Schedule:
    The application will be processed according to the following
preliminary Hydro Licensing Schedule. Revisions to the schedule may be
made as appropriate.

------------------------------------------------------------------------
              Milestone                           Target date
------------------------------------------------------------------------
Notice of Acceptance/Notice of Ready  December 2013.
 for Environmental Analysis.
Filing of recommendations,            February 2014.
 preliminary terms and conditions,
 and fishway prescriptions.
Commission issues Draft EA..........  August 2014.
Comments on Draft EA................  September 2014.
Modified Terms and Conditions.......  November 2014.
Commission Issues Final EA..........  February 2015.
------------------------------------------------------------------------

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

    Dated: October 9, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-24504 Filed 10-17-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Rules and Regulations]
[Pages 71989-71992]
[FR Doc No: 2013-28616]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0976; Directorate Identifier 2013-NM-198-AD;
Amendment 39-17686; AD 2013-24-12]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 747-8 and 747-8F series airplanes. This AD
requires repetitive ultrasonic or dye penetrant inspections for
cracking of the barrel nuts and bolts, as applicable, on each forward
engine mount, and related investigative and corrective actions if
necessary. This AD was prompted by a report of cracked barrel nuts
found on a forward engine mount. We are issuing this AD to detect and
correct cracked barrel nuts on a forward engine mount, which could
result in reduced load capacity of the forward engine mount, and could
result in separation of an engine under power from the airplane, and
consequent loss of control of the airplane.

DATES: This AD is effective December 17, 2013.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 17,
2013.
    We must receive comments on this AD by January 16, 2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P. O. Box
3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For
information on the availability of this material at the FAA, call 425-
227-1221.

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 street address for
the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

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

Discussion

    We received a report that during the replacement of the No. 2
engine, an operator conducted a non-destructive test (NDT) inspection
of the barrel nuts on the forward engine mount and found cracks on two
of the four barrel nuts. The operator also discovered one cracked
barrel nut on the No. 1 engine. Boeing did a NDT on the No. 2 engine of
a flight test airplane and discovered two barrel nuts with cracks. The
barrel nuts are located at the forward end of the strut box and are
used to fasten the forward engine mount to the strut. A barrel nut with
a crack on one side is still able to carry ultimate load. A crack on
both sides of a barrel nut will cause complete failure of the barrel
nut. Complete failure of two or more barrel nuts on the same forward
engine mount reduces the load capacity of the forward engine mount and
could result in separation of an engine from the airplane. Cracked
barrel nuts on a forward engine mount, if not detected and corrected,
could result in reduced load capacity of the forward engine mount, and
could result in separation of an engine under power from the airplane,
and consequent loss of control of the airplane.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 747-71A2329, dated
September 27, 2013. For information on the procedures and compliance
times, see this service information at http://www.regulations.gov by
searching for Docket No. FAA-2013-0976.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in the service
information described previously. This AD also requires sending the
inspection results and any cracked bolts and barrel nuts to the
manufacturer. The root cause of the cracking has not been determined
and inspection data from the fleet needs to be gathered and analyzed.
    The FAA worked in conjunction with industry, under the
Airworthiness Directives Implementation Aviation Rulemaking Committee,
to enhance the AD system. One enhancement was a new process for
annotating which steps in the service information are required for
compliance with an AD. Differentiating these steps from other tasks in
the service information is expected to improve an owner's/operator's
understanding of crucial AD requirements and help provide consistent
judgment in AD compliance. The actions specified in the service
information described previously include steps that are labeled as
``RC'' (required for compliance) because these steps have a direct
effect on detecting, preventing, resolving, or eliminating an
identified unsafe condition.
    As noted in the specified service information, steps labeled as
``RC'' must be done to comply with the AD. However, steps that are not
labeled as ``RC'' are recommended. Those steps that are not labeled as
``RC'' may be deviated from, done as part of other actions, or done
using accepted methods different from those identified in the service
information without obtaining approval of an alternative method of
compliance (AMOC), provided the steps labeled as ``RC'' can be done and
the airplane can be put back in a serviceable condition. Any
substitutions or changes to steps labeled as ``RC'' will require
approval of an AMOC.
    The phrase ``related investigative actions'' is used in this AD.
``Related investigative actions'' are follow-on actions that (1) are
related to the primary actions, and (2) further investigate the nature
of any condition found. Related investigative actions in an AD could
include, for example, inspections.
    In addition, the phrase ``corrective actions'' is used in this AD.
``Corrective actions'' are actions that correct or address any
condition found. Corrective actions in an AD could include, for
example, repairs.

Interim Action

    This AD is considered to be interim action. The inspection reports
and return of cracked parts that are required by this AD will enable
the manufacturer to obtain better insight into the nature, cause, and
extent of the cracking, and eventually to develop final action to
address the unsafe condition. Once final action has been identified, we
might consider further rulemaking.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
cracked barrel nuts on a forward engine mount could result in reduced
load capacity of the forward engine mount, and could result in
separation of an engine under power from the airplane and consequent
loss of the control of the airplane. Therefore, we find that notice and
opportunity for prior public comment are impracticable and that good
cause exists for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include the docket number FAA-2013-0976 and
Directorate Identifier 2013-NM-198-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. We will
consider all comments received by the closing date and may amend this
AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 8 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....................  Up to 24 work-hours x   None.............  Up to $2,040 per   Up to $16,320 per
                                  $85 per hour = $2,040                      inspection cycle.  inspection
                                  per inspection cycle.                                         cycle.
----------------------------------------------------------------------------------------------------------------

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

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
               Action                         Labor cost                Parts cost           Cost per product
----------------------------------------------------------------------------------------------------------------
Replacement of barrel nuts and       16 x $85 per hour = $1,360.  Up to $480............  Up to $1,840.
 bolts.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the FAA
at 800 Independence Ave. SW., Washington, DC 20591. ATTN: Information
Collection Clearance Officer, AES-200.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2013-24-12 The Boeing Company: Amendment 39-17686; Docket No. FAA-
2013-0976; Directorate Identifier 2013-NM-198-AD.

(a) Effective Date

    This AD is effective December 17, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 747-8 and 747-8F
series airplanes, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 71, Powerplant.

(e) Unsafe Condition

    This AD was prompted by a report of cracked barrel nuts found on
a forward engine mount. We are issuing this AD to detect and correct
cracked barrel nuts on a forward engine mount, which could result in
reduced load capacity of the forward engine mount, and could result
in separation of an engine under power from the airplane, and
consequent loss of control of the airplane.

(f) Compliance

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

(g) Repetitive Inspections and Corrective Actions

    Except as required by paragraph (h)(1) of this AD, at the time
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 747-71A2329, dated September 27, 2013: Do the inspection
specified in paragraph (g)(1) or (g)(2) of this AD, and do all
applicable related investigative and corrective actions, in
accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 747-71A2329, dated September 27, 2013. Do all
applicable related investigative and corrective actions before
further flight. Repeat the inspection thereafter at the times
specified in paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 747-71A2329, dated September 27, 2013.
    (1) Ultrasonic inspection for cracking of the barrel nuts on
each forward engine mount, except as required by paragraph (h)(2) of
this AD.
    (2) Dye penetrant inspection for cracking of the bolts and
barrel nuts. Whenever a dye penetrant inspection is done, all the
bolts and barrel nuts on that engine mount must be removed and
replaced with new or serviceable parts.

(h) Exceptions to Service Information Specifications

    (1) Where Boeing Alert Service Bulletin 747-71A2329, dated
September 27, 2013, specifies a compliance time ``after the original
issue date of this service bulletin,'' this AD requires compliance
within the specified compliance time after the effective date of
this AD.

    (2) Where Appendix B of Boeing Alert Service Bulletin 747-
71A2329, dated September 27, 2013, states alternate instruments and
transducers can be used, this AD requires that only equivalent
instruments and transducers can be used.
    (3) Where Appendix A of Boeing Alert Service Bulletin 747-
71A2329, dated September 27, 2013, states to record flight hours and
flight cycles, record the flight hours and flight cycles on the
airplane and the flight hours and flight cycles for each engine
since change or removal.

(i) Reporting and Sending Parts

    After any inspection required by paragraph (g) of this AD:
Submit a report of the inspection results (both positive and
negative), and return all cracked bolts and barrel nuts, at the
applicable time specified in paragraph (i)(1) or (i)(2) of this AD.
The report must include the information requested in Appendix A of
Boeing Alert Service Bulletin 747-71A2329, dated September 27, 2013,
except as required by paragraph (h)(3) of this AD. Both the report
and all cracked bolts and barrel nuts must be sent to the address
specified in Appendix A of Boeing Alert Service Bulletin 747-
71A2329, dated September 27, 2013.
    (1) For airplanes on which an ultrasonic inspection was done and
no cracking was found, do the required actions at the time specified
in paragraph (i)(1)(i) or (i)(1)(ii) of this AD, as applicable.
    (i) If the inspection was done on or after the effective date of
this AD: Submit the report within 10 days after the inspection.
    (ii) If the inspection was done before the effective date of
this AD: Submit the report within 10 days after the effective date
of this AD.
    (2) For airplanes on which a dye penetrant inspection was done,
do the required actions at the time specified in paragraph (i)(2)(i)
or (i)(2)(ii) of this AD, as applicable.
    (i) If the inspection was done on or after the effective date of
this AD: Submit the report and return all cracked bolts and barrel
nuts within 10 days after replacing the bolts and barrel nuts with
new or serviceable bolt and barrel nuts in accordance with Part 2 of
the Accomplishment Instructions of Boeing Alert Service Bulletin
747-71A2329, dated September 27, 2013.
    (ii) If the inspection was done before the effective date of
this AD: Submit the report and return all cracked bolts and barrel
nuts within 10 days after the effective date of this AD.

(j) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (l) 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 Organization Designation Authorization
(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) If the service information contains steps that are labeled
as ``RC'' (Required for Compliance), those steps must be done to
comply with this AD; any steps that are not labeled as ``RC'' are
recommended. Those steps that are not labeled as ``RC'' may be
deviated from, done as part of other actions, or done using accepted
methods different from those identified in the specified service
information without obtaining approval of an AMOC, provided the
steps labeled as ``RC'' can be done and the airplane can be put back
in a serviceable condition. Any substitutions or changes to steps
labeled as ``RC'' require approval of an AMOC.

(l) Related Information

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

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Service Bulletin 747-71A2329, dated September
27, 2013.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P. O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
    (4) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on November 19, 2013.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-28616 Filed 11-29-13; 8:45 am]
BILLING CODE 4910-13-P