Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Proposed Rules 4569 

1 Market-Based Rate Affiliate Restrictions, 75 FR 

20796 (Apr. 21, 2010), Notice of Proposed 

Rulemaking, FERC Stats. & Regs. ¶ 32,567 (2010). 

2 Market-Based Rates for Wholesale Sales of 

Electric Energy, Capacity and Ancillary Services by 

Public Utilities, Order No. 697, FERC Stats. & Regs. 

¶ 31,252, clarified, 121 FERC ¶ 61,260 (2007), order 

on reh’g, Order No. 697–A, FERC Stats. & Regs. 

¶ 31,268, clarified, 124 FERC ¶ 61,055, order on 

reh’g, Order No. 697–B, FERC Stats. & Regs. 

¶ 31,285 (2008), order on reh’g, Order No. 697–C, 

FERC Stats. & Regs. ¶ 31,291 (2009), order on reh’g, 

Order No. 697–D, FERC Stats. & Regs. ¶ 31,305 

(2010). 

3Order No. 697, FERC Stats. & Regs. ¶ 31,252 at 

P 549–550. 

4The Compliance Working Group stated that it 

consists of 27 energy companies, which include 

integrated electric businesses, merchant generators, 

marketing and trading businesses, and natural gas 

distributors, and explains that the group was 

formed in mid-2008 ‘‘to develop a model 

[Commission] compliance program guide.’’ 

Compliance Working Group Request for 

Clarification, Docket No. RM04–7–007, at 2 (filed 

Mar. 9, 2009); Compliance Working Group 

Amended Request for Clarification, Docket No. 

RM04–7–007, at 3 (filed Oct. 28, 2009). The 

members of the Compliance Working Group taking 

part in its request for clarification are: Allegheny 

Energy, Inc., American Electric Power Company, 

Inc., Cleco Corporation, Consumers Energy 

Company, Dominion Resources, Inc., Duke Energy 

Corporation, Edison International, El Paso Electric 

Company, Energy East Corp., Entergy Corporation, 

Exelon Corporation, FirstEnergy Corp., FPL Group, 

Inc., Pacific Gas and Electric Co., Progress Energy, 

Inc., Public Service Enterprise Group Incorporated, 

and Westar Energy, Inc. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(1) The Manager, Seattle Aircraft 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be e-mailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

Related Information 

(j) For more information about this AD, 

contact Louis Natsiopoulos, Aerospace 

Engineer, Systems and Equipment Branch, 

ANM–130S, FAA, Seattle Aircraft 

Certification Office (ACO); phone: 425–917– 

6478; fax: 425–917–6590; e-mail: 

elias.natsiopoulos@faa.gov. 

(k) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; e-mail me.boecom@boeing.com; 

Internet https://www.myboeingfleet.com. You 

may review copies of the referenced service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

Issued in Renton, Washington, on January 

12, 2011. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–1438 Filed 1–25–11; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 165 

RIN Number 3038–AD04 

Implementing the Whistleblower 

Provisions of Section 23 of the 

Commodity Exchange Act 

Correction 

In proposed rule document 2010– 

29022, beginning on page 75728 in the 

issue of Monday, December 6, 2010, 

make the following correction: 

On page 75727, in the cover for Part 

II, the agency name ‘‘Commodity 

Futures Trading Corporation’’ should 

read ‘‘Commodity Futures Trading 

Commission.’’ 

[FR Doc. C1–2010–29022 Filed 1–25–11; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 35 

[Docket No. RM10–20–000] 

Market-Based Rate Affiliate 

Restrictions 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Withdrawal of notice of 

proposed rulemaking and termination of 

rulemaking proceeding. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) 

withdraws a notice of proposed 

rulemaking, which proposed to amend 

its regulations governing market-based 

rates for public utilities pursuant to 

section 205 of the Federal Power Act 

(FPA) to include in the regulatory text 

the clarification that employees that 

determine the timing of scheduled 

outages or that engage in economic 

dispatch, fuel procurement or resource 

planning may not be shared under the 

market-based rate affiliate restrictions 

codified in Order No. 697. 

DATES: Effective Date: This withdrawal 

will become effective February 25, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Barnaby (Technical 

Information), Office of Energy Market 

Regulation, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502– 

8407. 

Stephen J. Hug (Legal Information), 

Office of the General Counsel, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 

20426, (202) 502–8009. 

SUPPLEMENTARY INFORMATION: 

Issued January 20, 2011. 

1. On April 15, 2010, the Commission 

issued a Notice of Proposed Rulemaking 

(NOPR) in this proceeding.1 For the 

reasons set forth below, we are 

exercising our discretion to withdraw 

the NOPR and terminate this 

rulemaking proceeding. 

I. Background 

2. In Order No. 697,2 the Commission 

adopted affiliate restrictions that govern 

the relationship between franchised 

public utilities with captive customers 

and their ‘‘market-regulated’’ power 

sales affiliates, i.e., affiliates whose 

power sales are regulated in whole or in 

part on a market-based rate basis. These 

market-based rate affiliate restrictions 

govern the separation of functions, the 

sharing of market information, sales of 

non-power goods or services, and power 

brokering. The Commission requires 

that, as a condition of receiving and 

retaining market-based rate authority, 

sellers comply with these affiliate 

restrictions unless explicitly permitted 

by Commission rule or order. Failure to 

satisfy the conditions set forth in the 

affiliate restrictions constitutes a 

violation of a seller’s market-based rate 

tariff.3

3. On March 9, 2009, the Compliance 

Working Group 4 submitted a request for 

clarification in the Commission’s 

market-based rate rulemaking 

proceeding regarding which employees 

can be shared for purposes of 

compliance with the Commission’s 

market-based rate affiliate restrictions. 

On October 28, 2009, the Compliance 

Working Group submitted an amended 

request for clarification. In response to 

the Compliance Working Group’s 

request, the Commission provided 

clarification regarding which employees 

may not be shared under the affiliate 

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