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

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).

3 Order No. 697, FERC Stats. & Regs. ¶ 31,252 at P 549–550.

4 The 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