Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Rules and Regulations

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Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Rules and Regulations

Applicability

(c) This AD applies to Boeing Model 767–

200 and –300 series airplanes, certificated in

any category; as identified in Boeing Special

Attention Service Bulletin 767–25–0336,

Revision 2, dated August 11, 2005.

Unsafe Condition

(d) This AD results from test data

indicating that outboard overhead stowage

bins are unable to withstand the 4.5g download standard intended to protect passengers

during flight turbulence or a hard landing.

We are issuing this AD to prevent the

stowage bins from opening during flight

turbulence or a hard landing, which could

result in the contents of the stowage bins

falling onto the passenger seats below and

injuring passengers, or blocking the aisles,

impeding the evacuation of passengers in an

emergency.

Compliance

(e) You are responsible for having the

actions required by this AD performed within

the compliance times specified, unless the

actions have already been done.

Replacement of Placards and Installation of

Partial Divider Panels and Life Raft Straps

(f) Within 72 months after the effective

date of this AD: Replace the placards on

certain stowage bins with new placards,

install partial dividers in certain other

stowage bins, and install straps on stowage

bins containing life rafts, in accordance with

the Accomplishment Instructions of Boeing

Special Attention Service Bulletin 767–25–

0336, Revision 2, dated August 11, 2005.

Actions Required To Be Accomplished Prior

to or Concurrently With Paragraph (f) of

This AD

(g) For Group 1 airplanes as identified in

Boeing Special Attention Service Bulletin

767–25–0336, Revision 2, dated August 11,

2005: Prior to or concurrently with the

accomplishment of paragraph (f) of this AD,

replace the door latches, strikes, and

thresholds on the outboard overhead stowage

compartments with new latches, strikes, and

thresholds. Do the replacement in accordance

with the Accomplishment Instructions of

Boeing Service Bulletin 767–25–0211,

Revision 1, dated July 14, 1994.

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Actions Accomplished Previously

(h) Accomplishment of the stowage bin

modifications required by paragraph (f) of

this AD in accordance with Boeing Special

Attention Service Bulletin 767–25–0336,

dated May 15, 2003; or Revision 1, dated

October 21, 2004; and paragraph (g) of this

AD in accordance with Boeing Service

Bulletin 767–25–0211, dated August 12,

1993; before the effective date of this AD; is

considered acceptable for compliance with

the corresponding requirements of this AD.

Parts Installation

(i) As of the effective date of this AD, no

person may install on any airplane a stowage

bin having a part number identified in Table

2 of Figure 1 of Boeing Special Attention

Service Bulletin 767–25–0336, Revision 2,

dated August 11, 2005, unless it has been

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15:40 May 24, 2006

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modified by performing the applicable

actions in paragraph (f) of this AD.

Alternative Methods of Compliance

(AMOCs)

(j)(1) The Manager, Seattle Aircraft

Certification Office, FAA, has the authority to

approve AMOCs for this AD, if requested in

accordance with the procedures found in 14

CFR 39.19.

(2) Before using any AMOC approved in

accordance with 14 CFR 39.19 on any

airplane to which the AMOC applies, notify

the appropriate principal inspector in the

FAA Flight Standards Certificate Holding

District Office.

Material Incorporated by Reference

(k) You must use Boeing Special Attention

Service Bulletin 767–25–0336, Revision 2,

dated August 11, 2005; and Boeing Service

Bulletin 767–25–0211, Revision 1, dated July

14, 1994; as applicable; to perform the

actions that are required by this AD, unless

the AD specifies otherwise. The Director of

the Federal Register approved the

incorporation by reference of these

documents in accordance with 5 U.S.C.

552(a) and 1 CFR part 51. Contact Boeing

Commercial Airplanes, P.O. Box 3707,

Seattle, Washington 98124–2207, for a copy

of this service information. You may review

copies at the Docket Management Facility,

U.S. Department of Transportation, 400

Seventh Street, SW., room PL–401, Nassif

Building, Washington, DC; on the Internet at

http://dms.dot.gov; or at the National

Archives and Records Administration

(NARA). For information on the availability

of this material at the NARA, call (202) 741–

6030, or go to

http://www.archives.gov/federal_register/

code_of_federal_regulations/

ibr_locations.html.

event of a grid disturbance, a

Transmission Provider may

communicate to an affiliated nuclear

power plant specific information about

transmission system conditions on a

real-time basis.

DATES: Effective Date: The Order on

Request for Additional Clarification will

become effective May 25, 2006.

FOR FURTHER INFORMATION CONTACT:

Mary Kipp, Office of Enforcement,

Federal Energy Regulatory Commission,

888 First Street, NE., Washington, DC

20426. (202) 502–8228.

mary.kipp@ferc.gov.

SUPPLEMENTARY INFORMATION:

Before Commissioners: Joseph T. Kelliher,

Chairman; Nora Mead Brownell, and

Suedeen G. Kelly.

Clarification.

Order on Request for Additional

Clarification

1. In this order, the Commission

addresses the request seeking

clarification of the Commission’s

February 16, 2006 ‘‘Interpretive Order

Relating to the Standards of Conduct’’

(Interpretive Order).1 The Interpretive

Order clarified that, subject to the noconduit rule, Transmission Providers

may communicate with affiliated

nuclear power plants regarding certain

matters related to the safety and

reliability of the transmission system, in

order to comply with requirements of

the Nuclear Regulatory Commission

(NRC). For the reasons discussed herein,

we grant the request for additional

clarification.

2. On March 20, 2006, Exelon

Corporation (‘‘Exelon’’) filed comments

and a request for clarification of the

Interpretive Order. Specifically, Exelon

requests that the Commission clarify

that a Transmission Provider can

provide its affiliated nuclear power

plants (‘‘NPPs’’) with specific

information concerning the location and

nature of grid disturbances that

potentially threaten the grid’s ability to

provide power to a plant’s safety

systems. On March 21, 2006, the

Nuclear Energy Institute (‘‘NEI’’) filed

comments in support of Exelon’s

position. In this order, the Commission

clarifies that, in the event of a grid

disturbance, a Transmission Provider

may communicate to an affiliated NPP

specific information about transmission

system conditions on a real-time basis,

including: (i) A technical description of

the grid disturbance, along with its

specific location on the system; (ii) the

grid elements, whether lines,

substations, or other elements, that may

SUMMARY: The Federal Energy

Regulatory Commission (Commission) is

issuing this Order to clarify that, in the

1 Interpretive Order Relating to the Standards of

Conduct, 71 FR 9446 (Feb. 24, 2006), FERC Stats.

& Regs. ¶ 31,206 (2006).

Issued in Renton, Washington, on May 9,

2006.

Ali Bahrami,

Manager, Transport Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 06–4803 Filed 5–24–06; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Part 358

[Docket No. RM01–10–005]

Standards of Conduct for

Transmission Providers

Issued May 18, 2006.

AGENCY: Federal Energy Regulatory

Commission; DOE.

ACTION: Order on Request for Additional

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Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Rules and Regulations

be affected by the disturbance, and their

specific locations on the system; (iii) the

projected duration of the disturbance;

and (iv) steps being taken by the

Transmission Provider to resolve the

disturbance. This order benefits

customers because it clarifies that

Transmission Providers and NPPs may

share information necessary to maintain

the safety and reliability of the

transmission grid while ensuring that

there is no undue preference or services.

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I. Background

3. On November 25, 2003, the

Commission issued a Final Rule

adopting Standards of Conduct for

Transmission Providers (Order No.

2004).2 Under Order No. 2004, the

Standards of Conduct govern the

relationships between Transmission

Providers and all of their Marketing

Affiliates and Energy Affiliates. The

Standards of Conduct also contain

various information-sharing

prohibitions to help ensure that

Transmission Providers do not use their

access to information about

transmission to unfairly benefit their

own or their affiliates’ sales to the

detriment of competitive markets.

Absent one of the exceptions articulated

in section 358.5 of the Commission’s

regulations, if a Transmission Provider

discloses transmission information to its

Marketing or Energy Affiliate, the

Transmission Provider is required to

immediately post that information on its

OASIS or Internet Web site.

4. On February 16, 2006, the

Commission issued the Interpretive

Order. The Interpretive Order clarified

that sections 358.5(a) and (b) of the

Commission’s regulations, 18 CFR

358.5(a) and (b) (2005), do not prohibit

a Transmission Provider and its

affiliated NPP from engaging in

necessary communications related to

the safety and reliability of the

transmission system or the NPP,

including information relating to the

loss of or potential loss of transmission

lines that provide off-site power to the

NPP.3 The Commission issued the

Interpretive Order to clarify that

Transmission Providers may

communicate with affiliated and non2 Standards of Conduct for Transmission

Providers, Order No. 2004, FERC Stats. & Regs.,

Regulations Preambles ¶ 31,155 (2003), order on

reh’g, Order No. 2004–A, III FERC Stats. & Regs.

¶ 31,161 (2004), 107 FERC ¶ 61,032 (2004), order on

reh’g, Order No. 2004–B, III FERC Stats. & Regs.

¶ 31,166 (2004), 108 FERC ¶ 61,118 (2004), order on

reh’g, Order No. 2004–C, 109 FERC ¶ 61,325 (2004),

order on reh’g, Order No. 2004–D, 110 FERC

¶ 61,320 (2005), appeal docketed sub nom.,

National Gas Fuel Supply Corporation v. FERC, No.

04–1183 (DC Cir. June 9, 2004).

3 Interpretive Order at P 1.

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15:40 May 24, 2006

Jkt 208001

affiliated NPPs to enable the NPPs to

comply with the requirements of the

NRC as described in the NRC’s February

1, 2006 Generic Letter 2006–002, Grid

Reliability and the Impact on Plant Risk

and the Operability of Offsite Power (the

‘‘Generic Letter’’).4 The Commission

also reemphasized that, although such

communications are permitted, the NPP

operator is prohibited from being a

conduit for sharing this information

with employees of other Marketing or

Energy Affiliates. 18 CFR 358.5(b)(7)

(2005).5

5. Although no public notice or

comment on the Interpretive Order was

required pursuant to section 4(b)(A) of

the Administrative Procedure Act, 5

U.S.C. 533(b)(A) (2000), which exempts

from such notice or comment

‘‘interpretive rules, general statements

of policy or rules of agency

organization, procedure or practice,’’ the

Commission invited all interested

persons to submit written comments.6

Comments were due March 20, 2006.

Reply comments were due on April 19,

2006. The Generic Letter and the

Interpretive Order were also discussed

at the first ever joint meeting of the

Commission and the NRC held on April

24, 2006.

6. Exelon filed timely comments in

which it expresses agreement with the

Commission that the clarifications set

forth in the Interpretive Order will

enhance safe operations at nuclear

facilities. Exelon also requests that the

Commission make additional

clarifications. NEI filed comments in

support of Exelon’s position. No other

comments or reply comments were

filed.

7. Exelon argues that, while the

Interpretive Order expressly held that

Transmission Providers may

communicate information on grid

disturbances and the duration of power

unavailability, the Interpretive Order

only implicitly approved disclosure of

the location and nature of the

disturbance. Exelon asserts that such

information clearly encompasses the

‘‘necessary communications related to

safety or reliability that the Standards of

Conduct are not intended to impede.’’

Thus, Exelon asks that the Commission

further clarify that, subject to the noconduit rule, a Transmission Provider

may provide its affiliated NPPs with

specific information concerning the

location and nature of grid disturbances

4 Id. referencing Nuclear Regulatory

Commission’s Generic Letter 2006–002, Grid

Reliability and the Impact on Plant Risk and the

Operability of Offsite Power. February 1, 2006.

OMB Control No.: 3150–0011.

5 Interpretive Order at P 6.

6 Id. at P 10.

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30057

that potentially threaten the grid’s

ability to provide power to a plant’s

safety systems.

8. Exelon asserts that grid conditions

may not only interfere with NPP access

to offsite power, but may also require

the Transmission Provider to ask the

NPP to take some action, such as

reducing output or operating switchyard

equipment. In addition, Exelon points

out that grid conditions may involve

actual system emergencies or

transmission element outages that create

contingencies. Finally, Exelon states

that grid conditions that may impact an

NPP may occur on transmission system

elements directly connected to the NPP,

on more remote elements on the

Transmission Provider’s system, or even

on elements in the system of another

Transmission Provider. Exelon argues

that under any and all such conditions,

the NPP needs to know whether an

affiliated Transmission Provider may

disclose to an NPP specific information

about transmission system conditions

on a real-time basis, including: (i) A

technical description of the grid

disturbance, along with its specific

location on the system; (ii) the grid

elements, whether lines, substations, or

other elements, that may be affected by

the disturbance, and their specific

locations on the system; (iii) the

projected duration of the disturbance;

and (iv) steps being taken by the

Transmission Provider to resolve the

disturbance.

II. Commission Decision

9. In the Interpretive Order the

Commission recognized that, in

addition to permitting communications

necessary to operate and maintain the

transmission system, the Transmission

Provider and its interconnected NPP

must engage in certain limited

communications to operate and

maintain the interconnection and the

safety and reliability of the NPP.7

Consequently, the Commission clarified

that permitted communications may

include, inter alia, information on grid

disturbances and the duration of power

unavailability in order for the NPP to

plan for off-site power in the event of a

grid-related loss of power or station

blackout, as required by the NRC.8

10. The Commission did not intend to

restrict to generalized information the

types of communications that comprise

‘‘information on grid disturbances and

the duration of power unavailability’’ as

used in the Interpretive Order. Rather,

the Commission intends that, subject to

the no conduit rule, Transmission

7 Id. at P 7.

8 Id.

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Federal Register / Vol. 71, No. 101 / Thursday, May 25, 2006 / Rules and Regulations

Providers and their affiliated NPPs may

communicate as necessary to preserve

the safety and reliability of the grid, the

interconnection, and the NPP. The

Commission agrees with Exelon that it

may be necessary for the Transmission

Provider and the NPP to discuss specific

technical information.

11. Accordingly, the Commission

specifically clarifies that ‘‘information

on grid disturbances and the duration of

power unavailability’’ as used in the

Interpretive Order encompasses specific

information about transmission system

conditions on a real-time basis,

including: (i) A technical description of

the grid disturbance, along with its

specific location on the system; (ii) the

grid elements, whether lines,

substations, or other elements, that may

be affected by the disturbance, and their

specific locations on the system; (iii) the

projected duration of the disturbance;

and (iv) steps being taken by the

Transmission Provider to resolve the

disturbance.

III. Document Availability

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12. In addition to publishing the full

text of this document in the Federal

Register, the Commission provides all

interested persons an opportunity to

view and/or print the contents of this

document via the Internet through the

Commission’s Home Page (http://

www.ferc.gov) and in the Commission’s

Public Reference Room during normal

business hours (8:30 a.m. to 5 p.m.

Eastern time) at 888 First Street, NE.,

Room 2A, Washington, DC 20426.

13. From the Commission’s Home

Page on the Internet, this information is

available in the Commission’s document

management system, eLibrary. The full

text of this document is available on

eLibrary in PDF and Microsoft Word

format for viewing, printing, and/or

downloading. To access this document

in eLibrary, type the docket number

excluding the last three digits of this

document in the docket number field.

14. User assistance is available for

eLibrary and the Commission’s Web site

during normal business hours. For

assistance, please contact FERC Online

Support at 1–866–208–3676 (toll free) or

(202) 502–8222 (e-mail at

FERCOnlineSupport@FERC.gov), or the

Public Reference Room at (202) 502–

8371, TTY (202) 502–8659 (e-mail at

public.referenceroom@ferc.gov).

By the Commission.

Magalie R. Salas,

Secretary.

[FR Doc. 06–4841 Filed 5–24–06; 8:45 am]

BILLING CODE 6717–01–P

VerDate Aug<31>2005

15:40 May 24, 2006

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DEPARTMENT OF HOMELAND

SECURITY

Coast Guard

33 CFR Part 117

[CGD08–06–016]

RIN 1625–AA09

Drawbridge Operation Regulations;

Massalina Bayou, Panama City, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary rule.

SUMMARY: The Commander, Eighth

Coast Guard District, has temporarily

changed the regulation governing the

operation of the Tarpon Dock bascule

span drawbridge across Massalina

Bayou, mile 0.0, at Panama City, Bay

County, Florida. The regulation will

allow the draw of the bridge to remain

closed to navigation for one hour to

facilitate the American Heart Walk.

DATES: This temporary rule is effective

from 9 a.m. to 10 a.m. on October 28,

2006.

ADDRESSES: Documents indicated in this

preamble as being available in the

docket are part of docket [CGD08–06–

016] and are available for inspection or

copying at the office of the Eighth Coast

Guard District, Bridge Administration

Branch, 500 Poydras Street, New

Orleans, Louisiana 70130–3310,

between 7 a.m. and 3 p.m., Monday

through Friday, except Federal holidays.

The telephone number is (504) 589–

2965. The Eighth District Bridge

Administration Branch maintains the

public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT:

David Frank, Bridge Administration

Branch, (504) 589–2965.

SUPPLEMENTARY INFORMATION:

Good Cause for Not Publishing an

NPRM

We did not publish a notice of

proposed rulemaking (NPRM) for this

regulation. Under 5 U.S.C. 553(b)(B), the

Coast Guard finds that good cause exists

for not publishing an NPRM. Thousands

of pedestrians will cross the bridge

during the event and this temporary rule

is necessary to ensure their safety as

they cross the bridge. Additionally, the

event will only impact the waterway

users for one hour and will open for

vessels in distress.

Background and Purpose

The American Heart Association, on

behalf of the City of Panama City, has

requested a temporary rule changing the

operation of the Tarpon Dock bascule

span drawbridge across Massalina

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Bayou, mile 0.0, in Panama City, Bay

County, Florida. This temporary rule is

needed to accommodate approximately

2,000 pedestrians that are expected to

participate in a 3.5-mile walk. The

bridge is near the beginning of the walk

and allowing the bridge to open for

navigation during this short time period

would disrupt the event and could

result in injury. The bridge has a

vertical clearance of 7 feet above mean

high water in the closed-to-navigation

position and unlimited in the open-tonavigation position. Navigation on the

waterway consists primarily of

commercial fishing vessels, sailing

vessels and other recreational craft.

Presently, 33 CFR 117.301 states: ‘‘The

draw of the Tarpon Dock bascule span

bridge, Massalina Bayou, mile 0.0, shall

open on signal; except that from 9 p.m.

until 11 p.m. on July 4, each year, the

draw need not open for the passage of

vessels. The draw will open at any time

for a vessel in distress.’’ This temporary

rule will allow the bridge to be

maintained in the closed-to-navigation

position from 9 a.m. to 10 a.m. on

October 28, 2006 to facilitate the

American Heart Walk.

Discussion of Rule

The Coast Guard is temporarily

changing the regulation in 33 CFR part

117. The temporary change allows the

bridge to remain closed for one hour to

facilitate a community activity and will

minimally affect waterway users

wishing to transit through the bridge on

this date. This event is an annual event

and waterway users have never

expressed any concerns regarding the

delays to facilitate this event.

Regulatory Evaluation

This rule is not a ‘‘significant

regulatory action’’ under section 3(f) of

Executive Order 12866, Regulatory

Planning and Review, and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

Order. The Office of Management and

Budget has not reviewed it under that

Order. It is not ‘‘significant’’ under the

regulatory policies and procedures of

the Department of Homeland Security

(DHS).

We expect the economic impact of

this rule to be so minimal that a full

Regulatory Evaluation under the

regulatory policies and procedures of

DHS is unnecessary. This temporary

rule will be only one hour in duration

and is therefore expected to have only

a minor affect on the local economy.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), we have considered

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