34918 Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Proposed Rules 

VI. Public Participation 

A. Submission of Comments 

DOE will accept comments, data, and 

information regarding this notice of 

proposed determination no later than 

the date provided at the beginning of 

this notice. After the close of the 

comment period, DOE will review the 

comments received and determine 

whether set-top boxes and network 

equipment is a covered product under 

EPCA. 

Comments, data, and information 

submitted to DOE’s e-mail address for 

this proposed determination should be 

provided in WordPerfect, Microsoft 

Word, PDF, or text (ASCII) file format. 

Submissions should avoid the use of 

special characters or any form of 

encryption, and wherever possible 

comments should include the electronic 

signature of the author. No 

telefacsimiles (faxes) will be accepted. 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit two copies: One copy of 

the document should have all the 

information believed to be confidential 

deleted. DOE will make its own 

determination as to the confidential 

status of the information and treat it 

according to its determination. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include (1) a 

description of the items; (2) whether 

and why such items are customarily 

treated as confidential within the 

industry; (3) whether the information is 

generally known or available from 

public sources; (4) whether the 

information has previously been made 

available to others without obligations 

concerning its confidentiality; (5) an 

explanation of the competitive injury to 

the submitting persons which would 

result from public disclosure; (6) a date 

after which such information might no 

longer be considered confidential; and 

(7) why disclosure of the information 

would be contrary to the public interest. 

B. Issues on Which DOE Seeks 

Comments 

DOE welcomes comments on all 

aspects of this proposed determination. 

DOE is particularly interested in 

receiving comments from interested 

parties on the following issues related to 

the proposed determination for set-top 

boxes and network equipment: 

• Definition(s) of set-top boxes and 

network equipment; 

• Whether classifying set-top boxes 

and network equipment as a covered 

product is necessary or appropriate to 

carry out the purposes of EPCA; 

• Calculations and values for 

household and national energy 

consumption; and 

• Availability or lack of availability of 

technologies for improving energy 

efficiency of set-top boxes and network 

equipment. 

The Department is interested in 

receiving views concerning other 

relevant issues that participants believe 

would affect DOE’s ability to establish 

test procedures and energy conservation 

standards for set-top boxes and network 

equipment. The Department invites all 

interested parties to submit in writing 

by July 15, 2011, comments and 

information on matters addressed in this 

notice and on other matters relevant to 

consideration of a determination for settop boxes and network equipment. 

After the expiration of the period for 

submitting written statements, the 

Department will consider all comments 

and additional information that is 

obtained from interested parties or 

through further analyses, and it will 

prepare a final determination. If DOE 

determines that set-top boxes and 

network equipment qualify as a covered 

product, DOE will consider a test 

procedure and energy conservation 

standards for set-top boxes and network 

equipment. Members of the public will 

be given an opportunity to submit 

written and oral comments on any 

proposed test procedure and standards. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Reporting and recordkeeping 

requirements. 

Issued in Washington, DC, on June 8, 2011. 

Henry Kelly, 

Acting Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

[FR Doc. 2011–14825 Filed 6–14–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0567; Directorate 

Identifier 2010–NM–272–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 767 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD would require modification of the 

fluid drain path in the leading edge area 

of the wing. This proposed AD was 

prompted by a design review following 

a ground fire incident and reports of 

flammable fluid leaks from the wing 

leading edge area onto the engine 

exhaust area. We are proposing this AD 

to prevent flammable fluid from leaking 

onto the engine exhaust nozzle which 

could result in a fire. 

DATES: We must receive comments on 

this proposed AD by August 1, 2011. 

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: 202–493–2251. 

• 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 service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; phone: 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. 

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 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Tung Tran, Aerospace Engineer, 


jlentini on DSK4TPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Proposed Rules 34919 

Propulsion Branch, ANM–140S, Seattle 

Aircraft Certification Office (ACO), 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; phone: 425– 

917–6505; fax: 425–917–6590; e-mail: 

Tung.Tran@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2011–0567; Directorate Identifier 2010– 

NM–272–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 

We have received a report of fuel 

leaking from the wing leading edge area 

at the inboard end of the number 5 

leading edge slat of a Model 737 

airplane. The leak was discovered 

during a post-flight inspection with a 

fuel quantity of over 2,500 pounds. 

Subsequent investigation found that the 

leak occurred in an area of the front spar 

that does not have a proper drain path. 

This led to the fuel draining onto the 

engine exhaust nozzle. The leak appears 

to have been caused by a loose retaining 

nut of the slat track down stop. We are 

proposing this AD to prevent flammable 

fluid from leaking onto the engine 

exhaust nozzle which could result in a 

fire. 

A Model 767 design review revealed 

that some of the design features in the 

Model 737 wing leading edge area also 

exist in Model 767 airplanes. Additional 

design reviews have led to similar 

findings in Model 757 and Model 747 

airplanes. We have issued AD 2010–23– 

13, Amendment 39–16502 (75 FR 

68688, November 9, 2009), for Model 

757 airplanes, and are considering 

rulemaking for Model 737 and Model 

747 airplanes. 

Relevant Service Information 

We reviewed Boeing Special 

Attention Service Bulletin 767–57– 

0121, dated October 7, 2010. This 

service information describes 

procedures for modifying the fluid drain 

path in the leading edge area of the 

wing. The modification consists of 

changing the leading edge of the lower 

wing skin panels and the seal doors at 

outboard slat station (OSS) 424.097, and 

the wing ribs at OSS 464.475, through 

repairs and new parts installation. 

Additionally, the service information 

specifies applying sealant, hole filling 

compound, and leveling compound to 

the wing leading edge; and applying 

sealant to the wing ribs. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

Proposed AD Requirements 

This proposed AD would require 

accomplishing the actions specified in 

the service information described 

previously. 

Costs of Compliance 

We estimate that this proposed AD 

affects 361 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Leading edge fluid drainage modification ....... 22 work-hours × $85 per hour = $1,870 ........ $651 $2,521 $910,081 

According to the manufacturer, some 

of the costs of this proposed AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

individuals. We do not control warranty 

coverage for affected individuals. As a 

result, we have included all costs in our 

cost estimate. 

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), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 


jlentini on DSK4TPTVN1PROD with PROPOSALS
34920 Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Proposed Rules 

1 15 U.S.C. 77a et seq. 

2 15 U.S.C. 78a et seq. 

3 15 U.S.C. 77aaa et seq. 

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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

The Boeing Company: Docket No. FAA– 

2011–0567; Directorate Identifier 2010– 

NM–272–AD. 

Comments Due Date 

(a) We must receive comments by August 

1, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to The Boeing 

Company Model 767–200, –300, –300F, and 

–400ER series airplanes, certificated in any 

category, as identified in Boeing Special 

Attention Service Bulletin 767–57–0121, 

dated October 7, 2010. 

Subject 

(d) Joint Aircraft System Component 

(JASC)/Air Transport Association (ATA) of 

America Code 57, Wings. 

Unsafe Condition 

(e) This AD was prompted by a design 

review following a ground fire incident and 

reports of flammable fluid leaks from the 

wing leading edge area onto the engine 

exhaust area. We are issuing this AD to 

prevent flammable fluid from leaking onto 

the engine exhaust nozzle, which could 

result in a fire. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done. 

Drain Path Modification 

(g) Within 60 months after the effective 

date of this AD, modify the fluid drain path 

in the leading edge area of the wing, in 

accordance with the Accomplishment 

Instructions of Boeing Special Attention 

Service Bulletin 767–57–0121, dated October 

7, 2010. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(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 

(i) For more information about this AD, 

contact Tung Tran, Aerospace Engineer, 

Propulsion Branch, ANM–140S, Seattle 

Aircraft Certification Office (ACO), FAA, 

1601 Lind Avenue, SW., Renton, Washington 

98057–3356; phone: 425–917–6505; fax: 425– 

917–6590; e-mail: Tung.Tran@faa.gov. 

(j) 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; phone: 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 June 7, 

2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–14698 Filed 6–14–11; 8:45 am] 

BILLING CODE 4910–13–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Parts 230, 240 and 260 

[Release Nos. 33–9222; 34–64639; 39–2474; 

File No. S7–22–11] 

RIN 3235–AL16 

Exemptions for Security-Based Swaps 

Issued by Certain Clearing Agencies 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Proposed rules. 

SUMMARY: We are proposing exemptions 

under the Securities Act of 1933, the 

Securities Exchange Act of 1934, and 

the Trust Indenture Act of 1939 for 

security-based swaps issued by certain 

clearing agencies satisfying certain 

conditions. The proposed rules would 

exempt transactions by clearing 

agencies in these security-based swaps 

from all provisions of the Securities Act, 

other than the Section 17(a) anti-fraud 

provisions, as well as exempt these 

security-based swaps from Exchange 

Act registration requirements and from 

the provisions of the Trust Indenture 

Act, provided certain conditions are 

met. 

DATES: Comments on the proposed rules 

should be received on or before July 25, 

2011. 

ADDRESSES: Comments may be 

submitted by any of the following 

methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/proposed.shtml); 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number S7–22–11 on the subject line; 

or 

• Use the Federal Rulemaking Portal 

(http://www.regulations.gov). Follow the 

instructions for submitting comments. 

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 S7–22–11. This file number 

should be included on the subject line 

if e-mail is used. To help us process and 

review your comments more efficiently, 

please use only one method. We will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/proposed.shtml). Comments are 

also available for public inspection and 

copying in the Commission’s Public 

Reference Room, 100 F Street, NE., 

Washington, DC 20549, on official 

business days between the hours of 10 

a.m. and 3 p.m. All comments received 

will be posted without change; we do 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. 

FOR FURTHER INFORMATION CONTACT: 

Tamara Brightwell, Senior Special 

Counsel to the Director, Michael J. 

Reedich, Special Counsel, Office of 

Chief Counsel, or Andrew Schoeffler, 

Special Counsel, Office of Capital 

Market Trends, Division of Corporation 

Finance, at (202) 551–3500, U.S. 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–4561. 

SUPPLEMENTARY INFORMATION: We are 

proposing new Rule 239 under the 

Securities Act of 1933 (‘‘Securities 

Act’’).1 We are also proposing new Rule 

12a–10 and an amendment to Rule 12h– 

1 under the Securities Exchange Act of 

1934 (‘‘Exchange Act’’) 2 and Rule 4d–11 

under the Trust Indenture Act of 1939 

(‘‘Trust Indenture Act’’).3


jlentini on DSK4TPTVN1PROD with PROPOSALS