Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Proposed Rules 4567 

determination under this part that a 

nonbank financial company, or the 

financial activities of a company, shall 

be subject to supervision by the Board 

of Governors and subject to prudential 

standards, such nonbank financial 

company or company may, not later 

than 30 days after the date of receipt of 

the notice of final determination under 

§ 1310.21(d) or (e) or § 1310.22(e), or 

§ 1310.23(a)(2), bring an action in the 

United States district court for the 

judicial district in which the home 

office of such nonbank financial 

company or company is located, or in 

the United States District Court for the 

District of Columbia, for an order 

requiring that the final determination be 

rescinded. 

(b) Review of a final determination by 

the Council by the court shall be limited 

to whether the final determination made 

under this part was arbitrary and 

capricious. 

Dated: January 19, 2011. 

Alastair Fitzpayne, 

Deputy Chief of Staff and Executive Secretary, 

Department of the Treasury. 

[FR Doc. 2011–1551 Filed 1–25–11; 8:45 am] 

BILLING CODE 4810–25–P–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0032; Directorate 

Identifier 2010–NM–236–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 737–600, –700, –700C, 

–800, and –900 Series 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 an inspection of the 

orientation of both sides of the coil cord 

connector keyways of the number 2 

windows on the flight deck, re-clocking 

the connector keyways to 12 o’clock if 

necessary; and replacing the coil cord 

assemblies on both number 2 windows 

on the flight deck. This proposed AD 

was prompted by reports of arcing and 

smoke at the number 2 window in the 

flight deck. We are proposing this AD to 

prevent arcing, smoke, and fire in the 

flight deck, which could lead to injuries 

to or incapacitation of the flight crew. 

DATES: We must receive comments on 

this proposed AD by March 14, 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; 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. 

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: 

Louis Natsiopoulos, Aerospace 

Engineer, Systems and Equipment 

Branch, ANM–130S, FAA, Seattle 

Aircraft Certification Office; phone: 

425–917–6478; fax: 425–917–6590; 

e-mail: elias.natsiopoulos@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– 

2011–0032; Directorate Identifier 2010– 

NM–236–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 received a report of arcing and 

smoke at the left number 2 window in 

the flight deck. The arcing and smoke 

were traced to mechanical damage of 

the heat-coil assembly at the 90-degree 

connector back shell. It appears that the 

wires are being stressed at the back shell 

when the window is cycled open and 

closed. The repeated cycles are causing 

the wires to fatigue and break resulting 

in arcing, smoke, and fire in the flight 

deck. This condition, if not corrected, 

could lead to injuries to or 

incapacitation of the flight crew. 

Relevant Service Information 

We reviewed Boeing Special 

Attention Service Bulletin 737–30– 

1058, Revision 3, dated July 7, 2010. 

The service information describes 

procedures for inspecting the 

orientation of both sides of the coil cord 

connector keyways, re-clocking the 

connector keyways to the 12 o’clock 

position if necessary; and replacing the 

existing coil cord assemblies with new 

assemblies on both sides of the flight 

deck. 

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 designs. 

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 

will affect 687 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

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4568 Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Proposed Rules 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. operators 

Keyway inspection and installation of new cord assemblies on both sides of the 

flight deck.

6 work-hours × $85 per hour 

= $510.

$1,608 $2,118 $1,455,066 

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: 

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– 

2011–0032; Directorate Identifier 2010– 

NM–236–AD. 

Comments Due Date 

(a) We must receive comments by March 

14, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to The Boeing 

Company Model 737–600, –700, –700C, 

–800, and –900 series airplanes, certificated 

in any category, as identified in Boeing 

Special Attention Service Bulletin 737–30– 

1058, Revision 3, dated July 7, 2010. 

Subject 

(d) Joint Aircraft System Component 

(JASC)/Air Transport Association (ATA) of 

America Code 30, Ice and Rain Protection. 

Unsafe Condition 

(e) This AD was prompted by reports of 

arcing and smoke at the left number 2 

window in the flight deck. We are issuing 

this AD to prevent arcing, smoke, and fire in 

the flight deck, which could lead to injuries 

to or incapacitation of the flight crew. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done. 

Replacement 

(g) Within 48 months after the effective 

date of this AD, do the actions in paragraphs 

(g)(1) and (g)(2) of this AD. 

(1) Do a general visual inspection of the 

orientation of the coil cord connector 

keyways on the captain’s and first officer’s 

side of the flight compartment, in accordance 

with the Accomplishment Instructions of 

Boeing Special Attention Service Bulletin 

737–30–1058, Revision 3, dated July 7, 2010. 

If the orientation is not at the 12 o’clock 

position, before further flight, re-clock the 

connector keyways to the 12 o’clock position, 

in accordance with the Accomplishment 

Instructions of Boeing Special Attention 

Service Bulletin 737–30–1058, Revision 3, 

dated July 7, 2010. 

(2) Replace the coil cord assemblies with 

new assemblies on both sides of the flight 

deck, in accordance with the 

Accomplishment Instructions of Boeing 

Special Attention Service Bulletin 737–30– 

1058, Revision 3, dated July 7, 2010. 

Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

(h) Actions done before the effective date 

of this AD, in accordance with a service 

bulletin identified in table 1 of this AD, are 

acceptable for compliance with the 

corresponding actions specified in this AD. 

TABLE 1—ACCEPTABLE PREVIOUS SERVICE INFORMATION

Boeing Service Bulletin Revision Dated 

737–30–1058 ............................................................................................................................... Original ........................ July, 27, 2006. 

737–30–1058 ............................................................................................................................... 1 .................................. June 18, 2007. 

737–30–1058 ............................................................................................................................... 2 .................................. February 13, 2009. 

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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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