[Federal Register Volume 77, Number 15 (Tuesday, January 24, 2012)]
[Notices]
[Page 3544]
[FR Doc No: 2012-1455]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of Amstem Corporation, Anesiva, Inc., Balsam
Ventures, Inc., and Catcher Holdings, Inc.; Order of Suspension of
Trading

 January 20, 2012.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Amstem Corporation because it has not filed any periodic reports since
the period ended December 31, 2009.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Anesiva, Inc. because it has not filed any periodic reports since the
period ended September 30, 2009.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Balsam Ventures, Inc. because it has not filed any periodic reports
since the period ended September 30, 2009.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Catcher Holdings, Inc. because it has not filed any periodic reports
since the period ended September 30, 2007.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed companies is suspended
for the period from 9:30 a.m. EST on January 20, 2012, through 11:59
p.m. EST on February 2, 2012.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-1455 Filed 1-20-12; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Notices]
[Pages 47489-47490]
[FR Doc No: 2021-18286]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2698-110]

Duke Energy Carolinas, LLC; Notice of Application Accepted for
Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Request for Extension of Reservoir Elevation
Variance.
    b. Project No: 2698-110.
    c. Date Filed: August 16, 2021.
    d. Applicant: Duke Energy Carolinas, LLC.
    e. Name of Project: East Fork Hydroelectric Project.
    f. Location: The project is located on the East Fork of the
Tuckasegee River in Jackson County, North Carolina.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Jeff Lineberger, Director, Duke Energy
Carolinas, LLC, 526 S Church Street--Mail Stop EC12Y, Charlotte, NC
exception occurred on : 2021-18286.htm
exception occurred on : 2021-18286.htm
28202, energy.com">[email protected]energy.com.
    i. FERC Contact: Michael Calloway at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: September 20, 2021.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include the docket number P-2698-110. Comments emailed to Commission
staff are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The licensee is proposing to extend the
drawdown of the Cedar Cliff Hydroelectric Development's reservoir that
was previously approved on August 27, 2019 by the Order Approving
Variance of Article 401 (168 FERC ] 62,116) that is currently in effect
until September 2021. The licensee is proposing to extend the drawdown
of 30 feet below normal pool until September 30, 2024 in order to
complete auxiliary spillway upgrades for project safety purposes. The
licensee is in the process of modifying the spillway area by rock
splitting and blasting to lower the sill to 2,305 ft above mean sea
level to accommodate 6 Fusegates. The licensee has also constructed and
is using the new access road to facilitate the construction activity.
The resulting spoil material is being placed in the reservoir per the
requirements of the U.S. Army Corps of Engineers Section 404 individual
permit and the Section 401 Water Quality Certification conditions from
the North Carolina Division of Water Resource. The licensee is
implementing mitigation measures to protect Indiana bats and northern
long-eared bats that were required by U.S. Fish and Wildlife Service.
Furthermore, the licensee plans to keep the public access boat ramp
closed for the duration of the drawdown, and plans to repave the
parking lot and remove sediment from the launch area during the
closure.
    l. Locations of the Application: This filing may be viewed on the
Commission's website 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. 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, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. Agencies may
obtain copies of the application directly from the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the

proceeding. Any comments, protests, or motions to intervene must be
received on or before the specified comment date for the particular
application.
    o. Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: August 19, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-18286 Filed 8-24-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Proposed Rules]
[Pages 71592-71594]
[FR Doc No: 2021-27286]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-1062; Project Identifier MCAI-2021-00886-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A300 B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and
B4-203 airplanes. This proposed AD was prompted by a determination that
new or more restrictive airworthiness limitations related to pylon
maintenance are necessary. This proposed AD would require revising the
existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations for pylon
maintenance, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is proposed for incorporation by reference. The FAA is
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 31,
2022.

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 https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA material that will be incorporated by reference (IBR) in
this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this material on the EASA website at
https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-1062.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-1062; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-1062; Project Identifier
MCAI-2021-00886-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Dan
Rodina, Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email [email protected]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0181, dated July 30, 2021 (EASA
AD 2021-0181) (also referred to as the MCAI), to correct an unsafe
condition for all Airbus SAS Model A300 B2-1C, B2K-3C, B2-203, B4-2C,
B4-103, and B4-203 airplanes.
    EASA AD 2021-0181 specifies that it requires certain tasks
(limitations) already required by EASA AD 2017-0207, dated October 12,
2017 (which corresponds to FAA AD 2018-19-17, Amendment 39-19417 (83 FR
48207, September 24, 2018) (AD 2018-19-17)), and invalidates prior
instructions for those tasks. This proposed AD would, for AD 2018-19-
17, terminate the limitation for the tasks identified in the service
information referred to in EASA AD 2021-0181 only.
    This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations for pylon maintenance are
necessary. The FAA is proposing this AD to address fatigue cracking,
damage, and corrosion in principal structural elements; such fatigue
cracking, damage, and corrosion could result in reduced structural
integrity of the airplane. See the MCAI for additional background
information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0181 specifies new or more restrictive airworthiness
limitations for pylon maintenance. This material is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations for pylon maintenance, which are
specified in EASA AD 2021-0181 described previously, except for any
differences identified as exceptions in the regulatory text of this
proposed AD.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (k)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2021-0181 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0181 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2021-0181 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0181. Service information required by EASA AD 2021-0181 for compliance
will be available at https://www.regulations.gov by searching for and
locating Docket No. FAA-2021-1062 after the FAA final rule is
published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections), intervals, or Critical Design Configuration Control
Limitations (CDCCLs) may be used unless the actions, intervals, and
CDCCLs are approved as an AMOC in accordance with the procedures
specified in the AMOCs paragraph under ``Additional FAA Provisions.''
This new format includes a ``New Provisions for Alternative Actions,
Intervals, and CDCCLs'' paragraph that does not specifically refer to
AMOCs, but operators may still request an AMOC to use an alternative
action, interval, or CDCCL.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 1 airplane of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
    The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate. Therefore, the agency estimates the average total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).

Authority for This Rulemaking

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

Regulatory Findings

    The FAA has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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:

Airbus SAS: Docket No. FAA-2021-1062; Project Identifier MCAI-2021-
00886-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by January 31, 2022.

(b) Affected ADs

    This AD affects AD 2018-19-17, Amendment 39-19417 (83 FR 48207,
September 24, 2018) (AD 2018-19-17).

(c) Applicability

    This AD applies to all Airbus SAS Model A300 B2-1C, B2K-3C, B2-
203, B4-2C, B4-103, and B4-203 airplanes, certificated in any
category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations for pylon maintenance are
necessary. The FAA is issuing this AD to address fatigue cracking,
damage, and corrosion in principal structural elements; such fatigue
cracking, damage, and corrosion could result in reduced structural
integrity of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0181, dated July 30, 2021 (EASA AD 2021-0181).

(h) Exceptions to EASA AD 2021-0181

    (1) Where EASA AD 2021-0181 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2021-0181 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0181 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
    (4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2021-0181 is at the applicable ``associated
thresholds'' as incorporated by the requirements of paragraph (3) of
EASA AD 2021-0181, or within 90 days after the effective date of
this AD, whichever occurs later.
    (5) The provisions specified in paragraph (4) of EASA AD 2021-
0181 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0181 does not apply
to this AD.

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2021-0181.

(j) Terminating Action for AD 2018-19-17

    Accomplishing the actions required by this AD terminates the
corresponding requirements of AD 2018-19-17, for the tasks
identified in the service information referred to in EASA AD 2021-
0181 only.

(k) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, 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 responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (l)(2) of
this AD. Information may be emailed to: [email protected].
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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (k)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(l) Related Information

    (1) For EASA AD 2021-0181, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu. You may
view this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. This material may be found in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-1062.
    (2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email [email protected].

    Issued on December 2, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-27286 Filed 12-16-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 4, 2010 (Volume 75, Number 85)]
[Notices]
[Page 23841]
[DOCID:fr04my10-144]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at the Reading Regional Airport, Reading, PA

AGENCY: Federal Aviation Administration (FAA) DOT.

ACTION: Notice of request to release airport property.

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SUMMARY: The FAA proposes to rule and invite public comment on the
release of land at the Reading Regional Airport, Reading, Pennsylvania
under the provisions of Section 47125(a) of Title 49 United States Code
(U.S.C.).

DATES: Comments must be received on or before June 3, 2010.

ADDRESSES: Comments on this application may be mailed or delivered to
the following address:

Terry P. Sroka, Manager, Reading Regional Airport Authority, 2501
Bernville Road, Reading, PA 19605,

and at the FAA Harrisburg Airports District Office:

Lori K. Pagnanelli, Manager, Harrisburg Airports District Office, 3905
Hartzdale Dr., Suite 508, Camp Hill, PA 17011.

FOR FURTHER INFORMATION CONTACT: Rick Harner, Program Manager
Harrisburg Airports District Office location listed above. The request
to release property may be reviewed in person at this same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release property at the Reading Regional Airport under the
provisions of Section 47125(a) of Title 49 U.S.C. On March 30, 2010,
the FAA determined that the request to release property at the Reading
Regional Airport submitted by the Reading Regional Airport Authority
(Authority) met the procedural requirements.
    The following is a brief overview of the request:
    The Reading Regional Airport Authority requests the release of real
property totaling 154.93 acres (Lot 1), excluding 2.54 acres
(Lot 5 Reading Regional Airport Waste Water Treatment Plant),
of non-aeronautical airport property to Berks County Industrial
Development Authority. The property was transferred to the City of
Reading through the Surplus Property Act of 1944 via the Quit Claim
Deed. A portion of the property is currently leased to a private
company, which will be transferred to the buyer. The property is
located on the east side of the airport and is bordered by Aviation
Road running east and turning north. The purpose of this release is to
allow the Reading Regional Airport Authority to sell the subject land
that does not serve any aeronautical purpose at the airport. There are
no impacts to the Airport and the land is not needed for airport
development as shown on the Airport Layout Plan. Any proceeds from the
sale of property are to be used for the capital and operating costs of
the airport.
    Any person may inspect the request by appointment at the FAA office
address listed above. Interested persons are invited to comment on the
proposed release from obligations. All comments will be considered by
the FAA to the extent practicable.

    Issued in Camp Hill, Pennsylvania, April 26, 2010.
Lori K. Pagnanelli,
Manager, Harrisburg Airports District Office.
[FR Doc. 2010-10319 Filed 5-3-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 7, 2010 (Volume 75, Number 66)]
[Notices]
[Page 17806-17810]
[DOCID:fr07ap10-112]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61819; File No. SR-FINRA-2009-061]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Amendment No. 2 to a Proposed Rule
Change and Order Granting Accelerated Approval to the Proposed Rule
Change, as Modified by Amendments Nos. 1 and 2 Thereto, To Require
Members To Report OTC Transactions in Equity Securities Within 30
Seconds of Execution

March 31, 2010.

I. Introduction

    On September 16, 2009, the Financial Industry Regulatory Authority,
Inc. (``FINRA'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to require members to report OTC transactions in
equity securities within 30 seconds of execution. On October 30, 2009,
FINRA filed Amendment No. 1 to the proposed rule change. The Commission
published the proposed rule change, as amended, for comment in the
Federal Register on November 17, 2009.\3\ The Commission received two
comment letters in response to the proposed rule change.\4\ On March
22, 2010, FINRA responded to the comment letters and filed Amendment
No. 2 to the proposed rule change.\5\ This Commission is publishing
this notice and order to solicit comments on Amendment No. 2 and to
approve the proposed rule change, as

modified by Amendments Nos. 1 and 2, on an accelerated basis.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 60960 (November 6,
2009), 74 FR 59272 (``Notice'').
    \4\ See Letters from James R. Downing, CCO, Cheevers and
Company, Inc., received November 12, 2009 (``Cheevers Letter''); and
Neal E. Nakagiri, President, CEO, and CCO, NPB Financial Group, LLC,
dated November 24, 2009 (``NPB Letter'').
    \5\ See Amendment No. 2 dated March 22, 2010 (``Amendment No.
2''). The text of the Amendment No. 2 is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA, and
on the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml).
---------------------------------------------------------------------------

II. Description of the Amended Proposal

    FINRA proposed to amend its trade reporting rules to: (1) Require
that members report over-the-counter (``OTC'') equity transactions \6\
to FINRA within 30 seconds of execution; (2) require that members
report secondary market transactions in non-exchange-listed direct
participation program (``DPP'') \7\ securities to FINRA within 30
seconds of execution; (3) require that members report trade
cancellations that are subject to the 90-second reporting under current
FINRA rules within 30 seconds of the time the trade is canceled; \8\
and (4) make certain conforming changes to the rules relating to the
OTC Reporting Facility (``ORF'').
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    \6\ Specifically, OTC equity transactions are: (1) Transactions
in NMS stocks, as defined in SEC Rule 600(b) of Regulation NMS,
effected otherwise than on an exchange, which are reported through
the Alternative Display Facility (``ADF'') or a Trade Reporting
Facility (``TRF''); and (2) transactions in ``OTC Equity
Securities,'' as defined in FINRA Rule 6420 (e.g., OTC Bulletin
Board and Pink Sheets securities), which are reported through the
OTC Reporting Facility (``ORF''). The ADF, TRFs and ORF are
collectively referred to herein as the ``FINRA Facilities.''
    \7\ ``Direct participation program or DPP, means a program which
provides for flow-through tax consequences regardless of the
structure of the legal entity or vehicle for distribution including,
but not limited to, oil and gas programs, real estate programs,
agricultural programs, cattle programs, condominium securities,
Subchapter S corporate offerings and all other programs of a similar
nature, regardless of the industry represented by the program, or
any combination thereof. A program may be composed of one or more
legal entities or programs but when used herein, the term shall mean
each of the separate entities or programs making up the overall
program and/or the overall program itself. Excluded from this
definition are real estate investment trusts, tax qualified pension
and profit sharing plans pursuant to Sections 401 and 403(a) of the
Internal Revenue Code and individual retirement plans under Section
408 of that Code, tax sheltered annuities pursuant to the provisions
of Section 403(b) of the Internal Revenue Code, and any company,
including separate accounts, registered pursuant to the Investment
Company Act of 1940.'' See FINRA Rule 6420, as proposed to be
amended.
    \8\ See Amendment No. 2. See also Securities Exchange Act
Release No. 61359 (January 14, 2010), 75 FR 3772 (January 22, 2010)
(approving SR-FINRA-2009-082) (``Cancellations Order''). This new
requirement would include trades executed during normal market hours
and canceled at or before 4:00 p.m. on the date of execution. See
FINRA Rules 6282(j), 6380A(g), 6380B(f) and 6622(f).
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A. 30-Second Reporting Requirement

    Under current FINRA trade reporting rules, members generally must
report OTC equity transactions that are executed during the hours that
the FINRA Facilities are open within 90 seconds of execution.\9\ Last
sale information for such trades is publicly disseminated on a real-
time basis. For trades executed during normal market hours and canceled
at or before 4:00 p.m. on the date of execution, members are required
to report the cancelation of the trades within 90 seconds of
cancellation.\10\ There are certain limited exceptions to this general
requirement, including for trades in non-exchange-listed DPP
securities, as discussed below.\11\
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    \9\ See, e.g., FINRA Rules 6282(a), 6380A(a), 6380B(a), and
6622(a).
    \10\ See, e.g., FINRA Rules 6282(j), 6380A(g), 6380B(f) and
6622(f). See also Cancellations Order, supra note 8.
    \11\ Additionally, FINRA noted that transactions in PORTAL
securities, as defined in FINRA Rule 6631, are not subject to the
90-second reporting requirement, but must be reported to the ORF by
the end of the day. See FINRA Rule 6633.
---------------------------------------------------------------------------

    FINRA proposed to amend the trade reporting rules to require that
members report OTC equity transactions to FINRA within 30 seconds of
execution. In addition, for trades executed during normal market hours
and canceled at or before 4 p.m. on the date of execution, FINRA
proposed to amend the trade reporting rules to require that members
report cancellations within 30 seconds of cancellation.\12\
Specifically, the trade reporting rules would be amended to replace the
references to 90 seconds with 30 seconds.\13\ Trades not reported
within 30 seconds, unless expressly subject to a different reporting
requirement or excluded from the trade reporting rules altogether,
would be late.\14\
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    \12\ See note 8, supra.
    \13\ See FINRA Rules 6282(a) and (j); 6380A(a) and (g); 6380B(a)
and (f); 6622(a) and (f); 7130(b); 7230A(b); 7230B(b); and 7330(b).
FINRA also proposed to amend FINRA Rules 6181 and 6623 to replace
the reference to 90 seconds with a more general reference to ``the
required time period'' to clarify that these provisions also apply
to trades that are subject to a different reporting requirement
(e.g., certain trades executed outside normal market hours).
    \14\ Although members would have 30 seconds to report, FINRA
reiterated that--as is the case today--members must report trades as
soon as practicable and cannot withhold trade reports, e.g., by
programming their systems to delay reporting until the last
permissible second.
---------------------------------------------------------------------------

B. Reporting Requirements Applicable to Trades in Non-Exchange-Listed
DPP Securities

    Pursuant to current FINRA Rule 6643(a)(1), members are required to
report trades in non-exchange-listed DPP securities to the ORF by 1:30
p.m. Eastern Time on the next business day (T+1) after the date of
execution; members that have the operational capability to report
transactions within 90 seconds of execution may do so at their
option.\15\ By contrast, OTC trades in exchange-listed DPP securities
are reported to a TRF or the ADF and are subject to the 90-second
reporting requirement (like any other OTC trade in an NMS stock).\16\
---------------------------------------------------------------------------

    \15\ Transaction information for such trades is not disseminated
on a real-time trade-by-trade basis, but is included in end-of-day
summary information.
    \16\ See FINRA Rules 6282(a), 6380A(a), and 6380B(a).
---------------------------------------------------------------------------

    FINRA proposed to amend the trade reporting rules to require that
transactions in non-exchange-listed DPP securities be reported within
30 seconds of execution to conform to the reporting requirements
applicable to other OTC transactions, including OTC transactions in
exchange-listed DPP securities. Specifically, FINRA proposed to delete
the Rule 6640 Series (Reporting Transactions in Direct Participation
Program Securities) in its entirety, so that secondary market
transactions in non-exchange-listed DPPs would be reported to FINRA as
any other OTC Equity Security pursuant to Rules 6622, 6623, 7310, and
7330 as proposed to be revised.\17\ FINRA also proposed to make other
changes necessary to implement the new reporting regime applicable to
non-exchange listed DPP securities.\18\
---------------------------------------------------------------------------

    \17\ See Section II.C below.
    \18\ For a detailed description of these changes see Notice,
supra note 3, at 59273-59274. In the Notice, FINRA noted that
transactions in non-exchange-listed DPPs currently are not subject
to regulatory transaction fees because they are not subject to
prompt last sale reporting under FINRA rules. As a result of the
proposed rule change, transactions in non-exchange-listed DPPs would
become subject to regulatory transaction fees. See Notice, at 59274.
---------------------------------------------------------------------------

C. Proposed Conforming Amendments

    In addition to the changes described above, FINRA proposed certain
changes to a number of subparagraphs within paragraph (a) of Rule 6622
relating to the ORF to conform, to the extent practicable, to the rules
relating to the ADF and TRFs.\19\
---------------------------------------------------------------------------

    \19\ For a detailed description of these changes see Notice,
supra note 3, at 59274. FINRA noted that most of the proposed
conforming changes to FINRA Rule 6622(a) are technical in nature;
however, some members may need to make systems changes to comply
with some of the requirements that are not included expressly in the
current rule.
---------------------------------------------------------------------------

    In addition to the proposed amendments to Rule 6622, FINRA proposed
to amend Rule 6420 to add ``normal market hours'' and ``OTC Reporting
Facility Participant'' as defined terms.\20\
---------------------------------------------------------------------------

    \20\ The proposed definition of ``normal market hours'' is
identical to the TRF rules, and the proposed definition of ``OTC
Reporting Facility Participant'' is substantially similar to the
definition of ``Trade Reporting Facility Participant'' in the TRF
rules. See, e.g., FINRA Rules 6320A and 6320B.

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

III. Summary of Comment Letters and FINRA's Response

    The Commission received two comment letters on the proposed rule
change.\21\
---------------------------------------------------------------------------

    \21\ See note 4, supra.
---------------------------------------------------------------------------

A. 30-Second Reporting Requirement

    One commenter raised the following issues related to the proposed
30-second reporting requirement.\22\ First, the commenter pointed out
that the proposal does not reflect the manual processes many firms have
in place when reporting to a TRF, such as using WeblinkACT 2.0, a
NASDAQ product which requires the user to type information into a
browser based window in order to report transactions. According to the
commenter, if the reporting time is changed to 30 seconds ``it is
plausible that firms using WeblinkACT would have difficulty reporting
within 30 seconds.''\23\ The commenter stated that this places an undue
burden on firms with processes that are manual in nature.\24\
---------------------------------------------------------------------------

    \22\ See Cheevers Letter, supra note 4.
    \23\ Id. at 1.
    \24\ Id.
---------------------------------------------------------------------------

    In the original filing, FINRA proposed to implement the proposed
rule change between six and nine months following the date of
Commission approval. In responding to the first comment, FINRA
recognized that firms that use a manual process such as WeblinkACT to
report trades may have difficulty entering all of the required
information within 30 seconds.\25\ However, FINRA represented that the
number of trades reported in this manner is a tiny fraction of the
overall number of trades reported to FINRA on a daily basis, and that
the number of firms that use this manual reporting process is small.
Moreover, FINRA noted that there are steps that firms using WeblinkACT
could take to expedite trade reporting, including, for example, setting
defaults to automatically populate certain fields in the trade report
or separating the process of reporting for tape purposes from any
associated clearing entry (i.e., the submission of additional clearing
information may be the reason a firm cannot complete the reporting
within 30 seconds). Accordingly, in Amendment No. 2, FINRA proposed to
provide an additional six months for member firms that utilize manual
trade reporting systems to make the systems changes necessary to comply
with the 30-second trade reporting requirement \26\
---------------------------------------------------------------------------

    \25\ See Amendment No. 2, supra note 5.
    \26\ FINRA will phase-in implementation of the 30-second
reporting requirement. The implementation date for ``Manual
Reporting Firms'' would be between twelve and fifteen months
following the date of Commission approval (``Phase II''). For
purposes of Phase II implementation, FINRA defined a ``Manual
Reporting Firm'' as a firm that uses a manual process such as
WeblinkACT (or the Nasdaq or ACT workstation) for all, or
substantially all, of its trade reporting of OTC trades. Firms with
automated processes that on occasion manually report trades would
not fall within the scope of this definition and must comply with
the Phase I implementation date for all of their trade reporting. In
other words, firms with automated trade reporting processes would
not qualify for Phase I implementation for some trades and Phase II
implementation for other trades. For a detailed description of the
steps necessary to qualify as a Manual Reporting Firm, see Amendment
No. 2, supra note 5. For all other firms, the implementation date
would be between six and nine months following the date of
Commission approval, as proposed in the original filing (``Phase
I''). FINRA would announce the implementation dates in a Regulatory
Notice. The proposed phased-in implementation schedule would apply
to the 30-second reporting requirement only. The conforming changes
to the rules relating to the ORF that were proposed in the original
filing would be implemented for all firms on the Phase I
implementation date. Prior to the Phase II implementation date,
Manual Reporting Firms would continue to be subject to the current
trade reporting requirements, i.e., firms must report as promptly as
practicable--and in no event more than 90 seconds--following trade
execution. These firms also would continue to be subject to all
other reporting time frames under FINRA rules. FINRA also stated
that the proposed phased-in implementation schedule would not
establish a separate standard for purposes of modifying trade
reports as timely versus late. Upon Phase I implementation, all
trades reported more than 30 seconds after execution will be
modified as late for reporting and dissemination purposes.
---------------------------------------------------------------------------

    Second, the commenter noted that the proposed rule change will not
materially enhance market transparency and questioned the need for
reducing the reporting time given that 99.90% of all trades are already
being reported within 30 seconds.\27\
---------------------------------------------------------------------------

    \27\ See Cheevers Letter at 1.
---------------------------------------------------------------------------

    In responding to the second comment, FINRA stated that the original
filing cited a number of compelling reasons for the proposed rule
change. Additionally, FINRA noted that under the 90-second reporting
requirement, market participants have no way of distinguishing among
trades reported 30 or 60 or 90 seconds after execution; they all appear
on the tape as timely reported trades.\28\ FINRA stated that the
proposed rule change would provide market participants the certainty
that any trade disseminated as timely reported was executed within the
previous 30 seconds.
---------------------------------------------------------------------------

    \28\ See Amendment No. 2, supra note 5.
---------------------------------------------------------------------------

    Third, the commenter stated that Qualified Contingent (QCT) trades
\29\ should be exempt from the 30-second reporting requirement.\30\ In
responding to the comment, FINRA stated that such trades currently are
subject to real-time trade reporting and dissemination, and FINRA does
not believe that a blanket exemption is warranted in this instance.\31\
FINRA noted, however, that if a firm reports QCT trades via a manual
process such as WeblinkACT, it may qualify for the later Phase II
implementation date, as discussed above, and have additional time to
make necessary systems changes.\32\
---------------------------------------------------------------------------

    \29\ See Securities Exchange Act Release No. 54389 (August 31,
2006), 71 FR 52829 (September 7, 2006) (Order Granting an Exemption
for Qualified Contingent Trades from Rule 611(a) of Regulation NMS
under the Securities Exchange Act of 1934); and Securities Exchange
Act Release No. 57620 (April 4, 2008), 73 FR 19271 (April 9, 2008)
(Order Modifying the Exemption for Qualified Contingent Trades from
Rule 611(a) of Regulation NMS under the Securities Exchange Act of
1934).
    \30\ See Cheevers Letter at 2. The commenter noted that such
orders are not exposed to the open marketplace and the reported
prices are not indicative of the current available market for the
security, therefore their increased timeliness adds little to the
transparency of the actionable market.
    \31\ See Amendment No. 2, supra note 5.
    \32\ Id.
---------------------------------------------------------------------------

    Finally, the commenter recommended that FINRA adopt a rule that
requires firms to report ``as soon as practicable,'' rather than impose
a 30-second reporting requirement, to afford firms with manual
processes the ability to remain compliant and to require that automated
processes are programmed to report promptly.\33\ In responding to the
comment, FINRA stated that a bright-line, uniform standard is crucial
for surveillance and enforcement purposes, and provides meaningful
information to the market.\34\
---------------------------------------------------------------------------

    \33\ See Cheevers Letter at 2-3.
    \34\ See Amendment No. 2, supra note 5.
---------------------------------------------------------------------------

B. Reporting Requirements Applicable to Trades in Non-Exchange-Listed
DPP Securities

    The second commenter addressed the proposal relating to the trade
reporting of transactions in non-exchange-listed DPPs.\35\ The
commenter asserted that a 30-second reporting requirement for non-
exchange-listed DPPs would be problematic because the time of execution
for such trades is not a precise time. The commenter asserted that
``there is a lot of paperwork to complete before a `trade' takes place
between a buyer and a seller, and then the transfer itself has to be
accepted and completed by the issuer or an agent of the issuer.'' \36\
The commenter further asserted that ``[i]f a trade report is required
at all, it should be within 24 hours of the `last act' that is required
between the buyer, seller and issuer to ultimately complete the
trade.'' \37\
---------------------------------------------------------------------------

    \35\ See NPB Letter, supra note 4.
    \36\ See NPB Letter at 1.
    \37\ Id.
---------------------------------------------------------------------------

    In responding to the comment, FINRA stated that, as discussed in
the original filing, pursuant to current Rule

6643(a)(1), members are required to report trades in non-exchange-
listed DPP securities to the ORF by 1:30 p.m. Eastern Time on the next
business day (T+1) after the date of execution; members that have the
operational capability to report transactions within 90 seconds of
execution may do so at their option.\38\ The original filing proposed
to amend Rule 6622 to include as Supplementary Material the definitions
of ``date of execution'' and ``time of execution'' for non-exchange-
listed DPP transactions.\39\ Thus, FINRA stated that under current
rules and the proposed rule change, there is no uncertainty as to the
time of execution of the trade or the point at which a firm's reporting
obligation is triggered. With respect to the commenter's suggestion
that a trade report should be required (if at all) within 24 hours of
the `last act' that is required between the buyer, seller and issuer to
ultimately complete the trade, FINRA reiterated that under its trade
reporting rules, the reporting obligation is triggered upon execution,
not settlement, of the trade and the fact that the ultimate transfer of
the securities may be contingent on subsequent events or actions of
other parties is irrelevant.\40\
---------------------------------------------------------------------------

    \38\ See Notice, supra note 3, at 59273.
    \39\ FINRA stated that the proposed definitions are identical to
the definitions in current Rule 6642, and specifically, ``time of
execution'' is defined as the time when the parties to a transaction
in a DPP have agreed to all of the essential terms of the
transaction, including the price and number of the units to be
traded. See Amendment No. 2, supra note 5.
    \40\ See Amendment No. 2, supra note 5. Moreover, FINRA noted
that delaying the trade report until a later date when the transfer
actually occurs could be confusing to market participants, because
intervening events, such as the payment of a distribution or sale of
partnership assets, could affect the price or value of the DPP. See
id.
---------------------------------------------------------------------------

IV. Discussion and Commission Findings

    After carefully considering the proposal, the comments submitted,
and FINRA's response to the comments, the Commission finds that the
proposed rule change is consistent with the requirements of the Act and
the rules and regulations thereunder applicable to a national
securities association.\41\ In particular, the Commission finds that
the proposed rule change is consistent with Section 15A(b)(6) of the
Act,\42\ which requires, among other things, that FINRA rules be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, and, in general, to
protect investors and the public interest. The Commission has
considered the commenters' view on the proposed rule change and
believes that FINRA responded appropriately to the concerns raised.
Indeed, the Commission believes that the proposal promotes the goals of
transparency, consistency in trade reporting and dissemination, and
timely reporting by FINRA members.
---------------------------------------------------------------------------

    \41\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \42\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    Furthermore, the Commission believes that the proposal is
consistent with Section 11A(a)(1)(C)(iii) of the Act,\43\ which sets
forth Congress' finding that it is in the public interest and
appropriate for the protection of investors and the maintenance of fair
and orderly markets to assure the availability to brokers, dealers, and
investors of information with respect to quotations and transactions in
securities. The Commission believes that these goals are furthered by
the proposed amendments requiring that FINRA members report OTC equity
transactions to FINRA within 30 seconds of execution; requiring that
members report trade cancellations within 30 seconds of the time the
trade is canceled; requiring that members report secondary market
transactions in non-exchange-listed DPP securities to FINRA within 30
seconds of execution; and making certain conforming changes to the
rules relating to the ORF. The proposed rule change is reasonably
designed to accomplish these goals by shortening the time within which
FINRA members must report trades from 90 seconds to 30 seconds. As
FINRA stated in its proposal, the 90-second reporting requirement has
been in effect since 1982, when OTC trading was ``more manual in
nature.'' The regulatory landscape has changed substantially in the
intervening 28 years and, as trading has become increasingly automated,
the vast majority of trades are now reported in a much shorter period
of time.\44\
---------------------------------------------------------------------------

    \43\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \44\ For example, FINRA noted that during the period of February
23 through February 27, 2009, overall member compliance with the
current 90-second reporting requirement was 99.95% (for all trades
submitted to a FINRA Facility for public dissemination), and 99.90%
of trades were reported in 30 seconds or less. See Notice, supra
note 3.
---------------------------------------------------------------------------

    The Commission shares FINRA's belief that the proposed rule change
will promote consistent and timely reporting by all members and enhance
market transparency and price discovery by ensuring that trades are
disseminated closer in time to execution. As FINRA stated in submitting
its proposal, timely reporting has become even more critical with the
implementation of Regulation NMS. Additionally, the proposed rule
change will lessen the ability of members to withhold important market
information from investors and other market participants for
competitive or other improper reasons.\45\ Going forward, the
Commission expects FINRA to monitor the effect of this change and to
consider the need to lower the time within which trades must be
reported even further.
---------------------------------------------------------------------------

    \45\ FINRA reiterated the importance of timely reporting and
reminds members that a pattern and practice of late reporting may be
considered inconsistent with high standards of commercial honor and
just and equitable principles of trade in violation of FINRA Rule
2010. See Notice, supra note 3.
---------------------------------------------------------------------------

    However, one commenter asserted that the proposal places an undue
burden on firms with processes that are manual in nature.\46\ In
response to this comment, in Amendment No. 2, FINRA proposed to provide
an additional six months for member firms that utilize manual trade
reporting systems to make the systems changes necessary to comply with
the 30-second trade reporting requirement.\47\
---------------------------------------------------------------------------

    \46\ See note 24, supra, and accompanying text.
    \47\ See notes 25-26, supra, and accompanying text.
---------------------------------------------------------------------------

    With respect to FINRA's proposal to amend the trade reporting rules
to require that transactions in non-exchange-listed DPP securities be
reported within 30 seconds to conform to the reporting requirements
applicable to other OTC transactions, including those in exchange-
listed DPP securities, the Commission shares FINRA's belief that the
inconsistency in the reporting and dissemination of DPPs can create
confusion for market participants, especially when an exchange-listed
DPP is delisted and dissemination of trading in the security goes from
real-time to only twice daily. Therefore, the Commission believes that
there is a value in such uniform reporting for DPP securities.
    In its filing with the Commission, FINRA stated its belief that the
proposed rule change would enhance market transparency and promote
consistency in trade reporting and dissemination and that increasing
the public availability of information would allow FINRA to obtain a
more complete audit trail of transactions in the market and enhance
FINRA's ability to oversee its members' compliance with Regulation NMS.
Although the Commission acknowledges the potential for firms covered by
these new reporting requirements to incur additional compliance burdens
and costs, the Commission believes that any such burdens are outweighed
by the overall

benefits of increased transparency and access to more comprehensive
trade information in the OTC markets.

V. Accelerated Approval

    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\48\ for approving the proposed rule change, as modified by
Amendments No. 1 and 2 thereto, prior to the 30th day after the date of
publication of Amendment No. 2 in the Federal Register. The changes
proposed in Amendment No. 2 are minor in nature or respond to specific
concerns raised by commenters. In Amendment No. 2, the Exchange
proposed to change the requirement to report the cancellation of a
trade executed during normal market hours and canceled before 4 p.m. on
the date of execution from 90 seconds to 30 seconds in Rule
6282(j)(2)(A).\49\ Amendment No. 2 also reflects changes approved in
SR-FINRA-2009-082 to the text of Rules 6380A(g)(2)(A), 6380B(f)(2)(A)
and 6622(f)(2)(A).\50\
---------------------------------------------------------------------------

    \48\ 15 U.S.C. 78s(b)(2).
    \49\ The requirement to report cancellations in 90 seconds was
established by SR-FINRA-2009-082. See Cancellations Order, supra
note 8.
    \50\ See Cancellations Order, supra note 8.
---------------------------------------------------------------------------

    Accordingly, the Commission finds that good cause exists to approve
the proposal, as modified by Amendments Nos. 1 and 2, on an accelerated
basis.

VI. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether Amendment No. 2
to the proposed rule change is consistent with the Act. Comments may be
submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2009-061 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-FINRA-2009-061. 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 Web site
viewing and printing in the Commission's Public Reference Room, on
official business days between the hours of 10 a.m. and 3 p.m. Copies
of the filing will also be available for inspection and copying at the
principal office of FINRA.\51\ 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 No. SR-FINRA-2009-061 and should be submitted on or before April
28, 2010.
---------------------------------------------------------------------------

    \51\ The text of the proposed rule change, as modified by
Amendments Nos. 1 and 2, is available on FINRA's Web site at http://
www.finra.org, on the Commission's Web site at http://www.sec.gov,
at FINRA, and at the Commission's Public Reference Room.
---------------------------------------------------------------------------

VII. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (SR-FINRA-2009-061), as modified by
Amendments Nos. 1 and 2, be, and hereby is, approved on an accelerated
basis.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\52\
---------------------------------------------------------------------------

    \52\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-7843 Filed 4-6-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Notices]
[Page 56685]
[FR Doc No: 2013-22318]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP13-540-000]

SourceGas Distribution LLC; Notice of Application

    Take notice that on August 27, 2013, SourceGas Distribution LLC
(SourceGas), 600 12th Street, Suite 300, Golden, Colorado 80401, filed
in Docket No. CP13-540-000 an application pursuant to section 7(f) of
the Natural Gas Act (NGA) requesting the determination of service areas
across the Nebraska-Colorado border within which SourceGas may, without
further commission authorization, provide natural gas distribution
service. SourceGas also requests a waiver of the Commission's
accounting and reporting requirements and other regulatory requirements
ordinarily applicable to natural gas companies under the NGA, all as
more fully set forth in the application which is on file with the
Commission and open to public inspection. The filing may also be viewed
on the web 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 at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Any questions regarding this application should be directed to Mark
R. Haskell, Morgan, Lewis & Bockius LLP, 1111 Pennsylvania Avenue NW.,
Washington, DC, 20004, or call<PHONE_NUMBER>, or by email
<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 7 copies of filings made in the proceeding with the Commission
and must mail a copy to the applicant and to every other party. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 5 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    Comment Date: September 30, 2013.

    Dated: September 9, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-22318 Filed 9-12-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 62 (Thursday, March 31, 2016)]
[Notices]
[Pages 18622-18623]
[FR Doc No: 2016-07237]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC16-91-000.
    Applicants: Summer Solar LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, Request for Expedited Consideration and Confidential
Treatment of Summer Solar LLC.
    Filed Date: 3/22/16.
    Accession Number: 20160322-5204.
    Comments Due: 5 p.m. ET 4/12/16.

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

    Docket Numbers: ER12-60-011; ER10-1632-011; ER10-1628-009; ER10-
1624-005; ER10-1617-009; ER10-1597-005; ER10-1594-009; ER10-1585-009.
    Applicants: Alabama Electric Marketing, LLC, California Electric
Marketing, LLC, Kiowa Power Partners, L.L.C., New Mexico Electric
Marketing, LLC, Tenaska Power Management, LLC, Tenaska Power Services
Co., Texas Electric Marketing, LLC, Tenaska Gateway Partners, Ltd.
    Description: Supplement to December 31, 2015 Updated Market Power
Analysis in the Southwest Power Pool region of the Tenaska MBR Sellers.
    Filed Date: 3/23/16.
    Accession Number: 20160323-5148.
    Comments Due: 5 p.m. ET 4/13/16.

    Docket Numbers: ER13-102-009.
    Applicants: New York Independent System Operator, Inc.
    Description: Compliance filing: NYISO compliance filing Order No.
1000 RTPP to be effective 4/1/2016.
    Filed Date: 3/22/16.
    Accession Number: 20160322-5168.
    Comments Due: 5 p.m. ET 4/12/16.

    Docket Numbers: ER15-1047-004.
    Applicants: R.E. Ginna Nuclear Power Plant, LLC.

    Description: Compliance filing: Compliance2 to 134 to be effective
4/1/2015.
    Filed Date: 3/23/16.
    Accession Number: 20160323-5183.
    Comments Due: 5 p.m. ET 4/13/16.

    Docket Numbers: ER16-456-002.
    Applicants: Baltimore Gas and Electric Company, Potomac Electric
Power Company, Delmarva Power & Light Company, Atlantic City Electric
Company, PJM Interconnection, L.L.C.
    Description: Compliance filing: BGE, Delmarva, et al. submit
compliance filing per 2/23/2016 order to be effective 3/8/2016.
    Filed Date: 3/23/16.
    Accession Number: 20160323-5143.
    Comments Due: 5 p.m. ET 4/13/16.

    Docket Numbers: ER16-792-001.
    Applicants: New Harquahala Generating Company, LLC.
    Description: Tariff Amendment: Amendment to New Harquahala Revised
MBR Tariff to be effective 3/28/2016.
    Filed Date: 3/23/16.
    Accession Number: 20160323-5114.
    Comments Due: 5 p.m. ET 4/13/16.

    Docket Numbers: ER16-793-001.
    Applicants: Talen Montana, LLC.
    Description: Tariff Amendment: Amendment to Talen Montana Revised
MBR Tariff to be effective 3/28/2016.
    Filed Date: 3/23/16.
    Accession Number: 20160323-5116.
    Comments Due: 5 p.m. ET 4/13/16.

    Docket Numbers: ER16-795-001.
    Applicants: Talen Energy Marketing, LLC.
    Description: Tariff Amendment: Amendment to Talen Energy Marketing
MBR Tariff to be effective 3/28/2016.
    Filed Date: 3/23/16.
    Accession Number: 20160323-5115.
    Comments Due: 5 p.m. ET 4/13/16.

    Docket Numbers: ER16-1259-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Notice of Cancellation of Letter Agreement (SA 1121)
of Southwest Power Pool, Inc.
    Filed Date: 3/23/16.
    Accession Number: 20160323-5015.
    Comments Due: 5 p.m. ET 4/13/16.

    Docket Numbers: ER16-1260-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Notice of Cancellation of Letter Agreement (SA 1287)
of Southwest Power Pool, Inc.
    Filed Date: 3/23/16.
    Accession Number: 20160323-5016.
    Comments Due: 5 p.m. ET 4/13/16.

    Docket Numbers: ER16-1261-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 3186 KCP&L and KEPCO
Interconnection Agreement to be effective 3/22/2016.
    Filed Date: 3/23/16.
    Accession Number: 20160323-5045.
    Comments Due: 5 p.m. ET 4/13/16.

    Docket Numbers: ER16-1262-000.
    Applicants: Midcontinent Independent System Operator, Inc.,
Montana-Dakota Utilities Co., Division of MDU Resources Inc.
    Description: Sec.  205(d) Rate Filing: 2016-03-23_SA 2908 MDU-Basin
Electric Facility Sharing Agreement to be effective 1/1/2016.
    Filed Date: 3/23/16.
    Accession Number: 20160323-5062.
    Comments Due: 5 p.m. ET 4/13/16.

    Docket Numbers: ER16-1263-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: Amendment to Exhibit A of
Distribution Service Agreement with SCE-RAP for CREST to be effective
5/23/2016.
    Filed Date: 3/23/16.
    Accession Number: 20160323-5117.
    Comments Due: 5 p.m. ET 4/13/16.

    Docket Numbers: ER16-1264-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: Amended SGIA and
Distribution Service Agmt SEPV Mojave West, LLC to be effective 3/24/
2016.
    Filed Date: 3/23/16.
    Accession Number: 20160323-5118.
    Comments Due: 5 p.m. ET 4/13/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 23, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-07237 Filed 3-30-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 11, 2008 (Volume 73, Number 48)]
[Proposed Rules]
[Page 12910-12912]
[DOCID:fr11mr08-20]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0269; Directorate Identifier 2007-NM-320-AD]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-600, -700, -700C, -
800, and -900 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Boeing Model 737-600, -700, -700C, -800, and -900 series
airplanes. This proposed AD would require replacement of the power
control relays in the P91 and P92 power distribution panels for the
fuel boost and override pumps with new improved relays. This proposed
AD would also require a revision to the Airworthiness Limitations
(AWLs) section of the Instructions for Continued Airworthiness to
incorporate AWL No. 28-AWL-20. This proposed AD results from fuel
system reviews conducted by the manufacturer. We are proposing this AD
to prevent pump housing burn-through due to electrical arcing, which
could create a potential ignition source inside a fuel tank. This
condition, in combination with flammable fuel vapors, could result in a
fuel tank explosion and consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by April 25, 2008.

ADDRESSES: You may send comments 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, P.O. Box 3707, Seattle, Washington 98124-2207.

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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Jen Pei, Aerospace Engineer, Systems
and Equipment Branch, ANM-130S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
(425) 917-6409; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0269;
Directorate Identifier 2007-NM-320-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed 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 proposed AD.

Discussion

    The FAA has examined the underlying safety issues involved in fuel
tank explosions on several large transport airplanes, including the
adequacy of existing regulations, the service history of airplanes
subject to those regulations, and existing maintenance practices for
fuel tank systems. As a result of those findings, we issued a
regulation titled ``Transport Airplane Fuel Tank System Design Review,
Flammability Reduction and Maintenance and Inspection Requirements''
(66 FR 23086, May 7, 2001). In addition to new airworthiness standards
for transport airplanes and new maintenance requirements, this rule
included Special Federal Aviation Regulation No. 88 (``SFAR 88,''
Amendment 21-78, and subsequent Amendments 21-82 and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e.,
type certificate (TC) and supplemental type certificate (STC)) holders
to substantiate that their fuel tank systems can prevent ignition
sources in the fuel tanks. This requirement applies to type design
holders for large turbine-powered transport airplanes and for
subsequent modifications to those airplanes. It requires them to
perform design reviews and to develop design changes and maintenance
procedures if their designs do not meet the new fuel tank safety
standards. As explained in the preamble to the rule, we intended to
adopt airworthiness directives to mandate any changes found necessary
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four
criteria intended to define the unsafe conditions associated with fuel
tank systems that require corrective actions. The percentage of
operating time during which fuel tanks are exposed to flammable
conditions is one of these criteria. The other three criteria address
the failure types under evaluation: single failures, single failures in
combination with a latent condition(s), and in-service failure
experience. For all four criteria, the evaluations included
consideration of previous actions taken that may mitigate the need for
further action.
    We have determined that the actions identified in this AD are
necessary to reduce the potential of ignition sources inside fuel
tanks, which, in combination with flammable fuel vapors, could result
in fuel tank explosions and consequent loss of the airplane.
    The power control relays for the fuel boost and override pumps must
be replaced with new relays that include a ground fault interrupter
(GFI) feature. The GFI is designed to detect electrical faults and open
the circuit prior to pump housing burn-through. Burn-through due to
electrical arcing could create a potential ignition source inside the
center fuel tank. This condition in combination with flammable fuel
vapors, if not corrected, could result in a fuel tank explosion and
consequent loss of the airplane.

Relevant Service Information

    We have reviewed Boeing Alert Service Bulletin 737-28A1201, dated
February 19, 2007. The service bulletin describes procedures for
replacing the power control relays in the P91 and P92 power
distribution panels for the fuel boost and override pumps with new,
improved relays having a GFI feature.
    The Boeing service bulletin refers to Honeywell Service Bulletin
1151932-24-61, dated November 10, 2006, as an additional source of
service information for replacing the power control relays in the P91
power distribution panel. The Boeing service bulletin also refers to
Honeywell Service Bulletin 1151934-24-62, dated November 10, 2006, as
an additional source of service information for replacing the power
control relays in the P92 power distribution panels.
    We have also reviewed Section 9 of the Boeing 737-600/700/800/900
Maintenance Planning Data (MPD) Document, D626A001-CMR, Revision March
2007 R2 (hereafter referred to as ``Revision March 2007 of the MPD'').
Subsection F, ``AIRWORTHINESS LIMITATIONS--FUEL SYSTEMS AWLs,'' of
Revision March 2007 of the MPD describes new airworthiness limitations
(AWLs) for fuel tank systems. Subsection F of Revision March 2007 of
the MPD adds new fuel system AWL No. 28-AWL-20, which is a repetitive
operational check of the GFI for all alternating current fuel tank
boost pumps to ensure continued functionality of the GFI circuit.

FAA's Determination and Requirements of This Proposed AD

    We are proposing this AD because we evaluated all relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the(se) same type
design(s). This proposed AD would require the following actions:
     Replacement of the power control relays in the P91 and P92
power distribution panels for the fuel boost and override pumps with
new, improved relays having a GFI feature.
     Revision to the AWLs section of the Instructions for
Continued Airworthiness to incorporate AWL No. 28-AWL-20, which would
require repetitive operational checks of the GFI for all alternating
current fuel tank boost pumps to ensure continued functionality.
    This proposed AD would also allow accomplishing the revision to the
AWLs section of the Instructions for Continued Airworthiness in
accordance with later revisions of the MPD as an acceptable method of
compliance if they are approved by the Manager, Seattle Aircraft
Certification Office, FAA.

Costs of Compliance

    We estimate that this proposed AD would affect 754 aircraft of U.S.
registry. The following table provides the estimated costs, at an
average labor rate of $80 per hour, for U.S. operators to comply with
this proposed AD.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                 Action                    Work hours               Parts              product      Fleet cost
----------------------------------------------------------------------------------------------------------------
Installation of GFI relays.............               8  $11,010...................      $11,650      $8,784,100
Maintenance program revision...........               1  None......................          $80         $60,320
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Boeing: Docket No. FAA-2008-0269; Directorate Identifier 2007-NM-
320-AD.

Comments Due Date

    (a) We must receive comments by April 25, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 737-600, -700, -700C, -800,
and -900 series airplanes, certificated in any category; as
identified in Boeing Alert Service Bulletin 737-28A1201, dated
February 19, 2007.

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

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent pump housing burn-
through due to electrical arcing, which could create a potential
ignition source inside a fuel tank. This condition, in combination
with flammable fuel vapors, could result in a fuel tank explosion
and consequent loss of the airplane.

Compliance

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

Replacement

    (f) Within 60 months after the effective date of this AD,
replace the power control relays in the P91 and P92 power
distribution panels for the fuel boost and override pumps with new
improved relays having a ground fault interrupter (GFI) feature, in
accordance with the Accomplishment Instructions of the service
bulletin.

    Note 2: The Boeing service bulletin refers to Honeywell Service
Bulletin 1151932-24-61 and Honeywell Service Bulletin 1151934-24-62,
both dated November 10, 2006, as additional sources of service
information for replacement of the power control relays in the P91
and P92 power distribution panels.

Airworthiness Limitations (AWLs) Revision

    (g) Concurrently with accomplishing the actions specified in
paragraph (f) of this AD, revise the AWLs section of the
Instructions for Continued Airworthiness by incorporating AWL No.
28-AWL-20 of Subsection F of the Boeing 737-600/700/800/900
Maintenance Planning Data (MPD) Document, D626A001-CMR, Section 9,
Revision March 2007 R2 (hereafter referred to as ``the MPD'').

No Alternative Inspections or Inspection Intervals

    (h) After accomplishing the action specified in paragraph (g) of
this AD, no alternative inspections or inspection intervals may be
used unless the inspections or intervals are part of a later
revision of the MPD that is approved by the Manager, Seattle ACO; or
unless the inspections or intervals are approved as an AMOC in
accordance with the procedures specified in paragraph (j) of this
AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Seattle ACO, FAA, ATTN: Jen Pei, Aerospace
Engineer, Systems and Equipment Branch, ANM-130S, 1601 Lind Avenue,
SW., Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax
(425) 917-6590; has the authority to approve AMOCs for this AD, if
requested using the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

    Issued in Renton, Washington, on March 3, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-4773 Filed 3-10-08; 8:45 am]

BILLING CODE 4910-13-P