[Federal Register Volume 79, Number 186 (Thursday, September 25, 2014)]
[Proposed Rules]
[Pages 57491-57492]
[FR Doc No: 2014-22481]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0512; FRL-9915-34-Region 9]

Revisions to the California State Implementation Plan, South
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the South Coast Air Quality Management District
(SCAQMD) portion of the California State Implementation Plan (SIP).
These revisions concern oxides of nitrogen (NOX) emissions
from boilers, steam generators, and process heaters. We are proposing
to approve local rules to regulate these emission sources under the
Clean Air Act (CAA or the Act).

DATES: Any comments on this proposal must arrive by October 27, 2014.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0512, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
    Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposal addresses the following local
rules: SCAQMD Rule 1146 Emissions of Oxides of Nitrogen from
Industrial, Institutional, and Commercial Boilers, Steam Generators,
and Process Heaters and SCAQMD Rule 1146.1 Emissions of Oxides of
Nitrogen from Small Industrial, Institutional, and Commercial Boilers,
Steam Generators, and Process Heaters. In the Rules and Regulations
section of this Federal Register, we are approving these local rules in
a direct final action without prior proposal because we believe these
SIP revisions are not controversial. If we receive adverse comments,
however, we will publish a timely withdrawal of the direct final rule
and address the

comments in subsequent action based on this proposed rule. Please note
that if we receive adverse comment on an amendment, paragraph, or
section of this rule and if that provision may be severed from the
remainder of the rule, we may adopt as final those provisions of the
rule that are not the subject of an adverse comment.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: July 25, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014-22481 Filed 9-24-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Notices]
[Pages 103-104]
[FR Doc No: 2020-29045]

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-N-1412]

Joseph A. Rowan: Final Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA or Agency) is issuing an
order under the Federal Food, Drug, and Cosmetic Act (FD&C Act)
permanently debarring Joseph A. Rowan from providing services in any
capacity to a person that has an approved or pending drug product
application. FDA bases this order on a finding that Joseph A. Rowan was
convicted of a felony under Federal law for conduct that relates to the
regulation of a drug product under the FD&C Act. Mr. Rowan was given
notice of the proposed permanent debarment and an opportunity to
request a hearing to show why he should not be debarred. As of August
6, 2020 (30 days after receipt of the notice), Mr. Rowan had not
responded. Mr. Rowan's failure to respond and request a hearing
constitutes a waiver of his right to a hearing concerning this action.

DATES: This order is applicable January 4, 2021.

ADDRESSES: Submit applications for termination of debarment to the
Dockets Management Staff (HFA-305), Food and Drug Administration, 5630
Fishers Lane, Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>, or at
https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jaime Espinosa (ELEM-4029), Division
of Enforcement, Office of Strategic Planning and Operational Policy,
Office of Regulatory Affairs, Food and Drug Administration, 12420
Parklawn Dr., Rockville, MD 20857,<PHONE_NUMBER>, or at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(a)(2)(B) of the FD&C Act (21 U.S.C. 335a(a)(2)(B))
requires debarment of an individual from providing services in any
capacity to a person that has an approved or pending drug product
application if FDA finds that the individual has been convicted of a
felony under Federal law for conduct relating to the regulation of any
drug product under the FD&C Act. On January 21, 2020, Mr. Rowan was
convicted as defined in section 306(l)(1) of the FD&C Act when judgment
was entered against him in the U.S. District Court for the District of
Massachusetts, after a jury verdict, on one count of Racketeering
Conspiracy in violation of 18 U.S.C. 1962(d). The pattern of
racketeering activity he was convicted of included engaging in multiple
acts of mail fraud (18 U.S.C. 1341) and wire fraud (18 U.S.C. 1343).
    The factual basis for this conviction is as follows: Mr. Rowan held
executive management positions, including Regional Sales Manager and
Regional Director of the East Region of Insys Therapeutics Inc.
(Insys), a Delaware corporation, with headquarters in Chandler,
Arizona. Insys developed and owned a drug called SUBSYS, a liquid
formulation of fentanyl to be applied under the tongue. FDA approved
SUBSYS for the management of breakthrough pain in adult cancer patients
who are already receiving and are already tolerant to opioid therapy
for

their underlying persistent cancer pain. From May 2012 and continuing
until December 2015, Mr. Rowan participated in a conspiracy whereby
employees of Insys bribed medical practitioners in various States to
get those practitioners to increase prescribing SUBSYS to their
patients, many of whom did not have cancer. Mr. Rowan, along with his
co-conspirators, measured the effect of these bribes on each
practitioner's prescribing habits and on the revenue that each bribed
practitioner generated for Insys. Mr. Rowan, along with his co-
conspirators, reduced or eliminated bribes paid to those practitioners
who failed to meet the minimum prescription requirements or failed to
generate enough revenue to justify additional bribes.
    To further this conspiracy, Mr. Rowan was involved in a scheme with
his co-conspirators whereby Insys executives conspired to mislead and
defraud health insurance providers to ensure those providers approved
payment for SUBSYS. Insys achieved this goal by establishing the
``Insys Reimbursement Center,'' which was designed to shift the burden
of seeking prior authorization for SUBSYS from practitioners to Insys.
This allowed Insys to determine what medical information was presented
to insurers. Mr. Rowan and his co-conspirators directed Insys employees
to mislead insurers to obtain payment authorization.
    As a result of this conviction, FDA sent Mr. Rowan by certified
mail on August 3, 2020, a notice proposing to permanently debar him
from providing services in any capacity to a person that has an
approved or pending drug product application. The proposal was based on
a finding, under section 306(a)(2)(B) of the FD&C Act, that Mr. Rowan
was convicted of a felony under Federal law for conduct relating to the
regulation of a drug product under the FD&C Act. The proposal also
offered Mr. Rowan an opportunity to request a hearing, providing him 30
days from the date of receipt of the letter in which to file the
request, and advised him that failure to request a hearing constituted
an election not to use the opportunity for a hearing and a waiver of
any contentions concerning this action. Mr. Rowan received the proposal
on August 7, 2020. He did not request a hearing within the timeframe
prescribed by regulation and has, therefore, waived his opportunity for
a hearing and any contentions concerning his debarment (21 CFR part
12).

II. Findings and Order

    Therefore, the Assistant Commissioner, Office of Human and Animal
Food Operations, under section 306(a)(2)(B) of the FD&C Act, under
authority delegated to the Assistant Commissioner, finds that Mr. Rowan
has been convicted of a felony under Federal law for conduct otherwise
relating to the regulation of a drug product under the FD&C Act.
    As a result of the foregoing finding, Mr. Rowan is permanently
debarred from providing services in any capacity to a person with an
approved or pending drug product application, effective (see DATES)
(see sections 306(a)(2)(B) and 306(c)(2)(A)(ii) of the FD&C Act). Any
person with an approved or pending drug product application who
knowingly employs or retains as a consultant or contractor, or
otherwise uses the services of Mr. Rowan, in any capacity during his
debarment, will be subject to civil money penalties (section 307(a)(6)
of the FD&C Act (21 U.S.C. 335b(a)(6))). If Mr. Rowan provides services
in any capacity to a person with an approved or pending drug product
application during his period of debarment, he will be subject to civil
money penalties (section 307(a)(7) of the FD&C Act (21 U.S.C.
335b(a)(7))). In addition, FDA will not accept or review any
abbreviated new drug application from Mr. Rowan during his period of
debarment, other than in connection with an audit under section 306 of
the FD&C Act (section 306(c)(1)(B) of the FD&C Act). Note that, for
purposes of section 306 of the FD&C Act, a ``drug product'' is defined
as a drug subject to regulation under section 505, 512, or 802 of the
FD&C Act (21 U.S.C. 355, 360b, or 382) or under section 351 of the
Public Health Service Act (42 U.S.C. 262) (see section 201(dd) of the
FD&C Act (21 U.S.C. 321(dd))).
    Any application by Mr. Rowan for special termination of debarment
under section 306(d)(4) of the FD&C Act should be identified with
Docket No. FDA-2020-N-1412 and sent to the Dockets Management Staff
(see ADDRESSES). The public availability of information in these
submissions is governed by 21 CFR 10.20.
    Publicly available submissions will be placed in the docket and
will be viewable at https://www.regulations.gov or at the Dockets
Management Staff (see ADDRESSES) between 9 a.m. and 4 p.m., Monday
through Friday,<PHONE_NUMBER>.

    Dated: December 28, 2020.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2020-29045 Filed 12-31-20; 8:45 am]
BILLING CODE 4164-01-P


                                 ATTACHMENT A
                   PROPOSED ALTERNATIVE MEANS OF PROTECTION
Specific Conditions of the Permanent Variance
The variance conditions described below specify the alternatives to the requirements of paragraphs (c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16) of 29 CFR 1926.552.

1.  Scope
This permanent variance applies to chimney-related construction, including work on chimneys, chimney linings, stacks, silos, towers, and similar structures (hereafter referred to collectively as "chimney-related structure" or "structure"), regardless of the construction method, that involves the use of  temporary personnel hoisting systems (hereafter referred to as "hoist system") for the transportation of:
(a)  Personnel to and from the bottom landing of a chimney-related structure to working elevations inside or outside of the structure using a personnel cage during construction work subject to 29 CFR 1926, including construction, renovation, repair, maintenance, inspection, and demolition.
(b)  Materials, but not concurrently with hoisting of personnel, through attachment of a hopper, material basket, concrete bucket, or other appropriate rigging to the hoist system to raise and lower all other materials inside or outside a chimney-related structure.  See also Condition 2(c)(ii) below.
(c) This permanent variance does not apply to chimney-related construction activities involving the use of personnel platforms and boatswains' chairs.  Such chimney-related construction activities are covered by applicable OSHA standards including:  single-point adjustable suspension scaffolds (1926.452 (o)) and hoisting personnel for storage-tank (steel or concrete), shaft and chimney operations (1926.1431(s)).
2.  Application
(a)  The employer must use a hoist system equipped with a dedicated personnel-transport device (i.e., a personnel cage) as specified in this variance to raise or lower its workers and/or other construction-related tools, equipment, and supplies between the bottom landing of a chimney-related structure and an elevated work location while performing construction inside and outside the structure.
(b)  Prior to initial use of the hoist system, the employer must have all drawings containing designs and construction details showing the integration of the hoist system with the construction method in use (such as a slip-form system) and sealed by a professional engineer registered in the United States.  A professional engineer registered in the United States also must approve any modifications to these drawings.
(c)  When using a hoist system, the employer must:
(i)  Use the personnel cages raised and lowered by the hoist system solely to transport workers with the tools and small supplies necessary to do their work (e.g., fasteners, paint, caulk);
(ii)  Attach a dedicated material-transport device directly to the hoist rope solely to raise and lower all other materials and tools; and
(iii)  Attach the material-transport device directly to the hoisting hook and never to the personnel cage.
(d)  Except for the requirements specified by 1926.552(c)(1) through (c)(4), (c)(8), (c)(13), (c)(14)(i), and (c)(16), the employer must comply fully with all other applicable provisions of 29 CFR parts 1910 and 1926.
(e)  When an employer demonstrates that it is infeasible to comply with these conditions, the employer may use other devices or methods to comply, but only when the employer clearly demonstrates that these devices and methods provide its workers with protection that is at least equivalent to the protection afforded to them by the conditions of this variance.
(f)  The employer must convey any communication, written or verbal, required by this variance in a language that each worker can understand.
3.  Definitions
The following definitions shall apply to this permanent variance.  These definitions do not necessarily apply in other contexts.
(a)  Alteration -- any change or addition to the equipment other than ordinary repairs or replacements.*
(b)  Authorized person -- a person approved or assigned by the employer to perform a specific type of duty or duties or to be at a specific location or locations at the jobsite.
(c)  Barricaded -- a term that means confined by a barrier, or marked off-limits to access.*
(d)  Base-mounted drum hoist -- a drum hoist fastened to and supported by a designed steel frame with mounting attachments for securing to a foundation.*
(e)  Broken rope principle -- the principle by which, if the main support rope fails, the lack of tension will cause the safety clamps attached to the personnel cage to grip the guide ropes and stop it within 18 inches (457.2mm) (maximum) of travel from the activation point.*
(f)  Cage -- an enclosed load-carrying unit or car, including its platform, frame, enclosure, and gate, in which personnel are transported.*
(g)  Cathead -- the structure directly supporting the overhead sheaves.*

(h)  Competent person -- one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.
(i)  Deadman control -- a constant pressure, hand or foot operated control designed so that when released, it automatically returns to a neutral or deactivated position and stops movement of the hoist drum.*
(j)  Design factor -- the ratio of the failure load to the maximum designed working load. (Also referred to as Safety Factor or Factor of Safety.)*
(k)  Exclusion zone -- a clearly designated zone around the bottom landing of the hoist system designed to restrict the zone to authorized persons only.
(l)  Footblock -- a wire rope block mounted at or near the bottom of a structure for the purpose of changing the direction of the hoisting rope from approximately horizontal to approximately vertical.*
(m)  Hoist (verb) -- to raise, lower, or otherwise move a load in the air.
(n)  Hoist (noun) -- same as "hoist machine."
(o)  Hoist area -- the area (including, but not limited to, the area directly beneath the load) in which it is reasonably foreseeable that partially or completely suspended materials could fall in the event of an accident.
(p)  Hoistway -- a clearly designated walk-way or path used to provide safe access to and from personnel cages.
(q)  Hoist machine -- a mechanical device for lifting and lowering loads by winding a line onto or off a drum.
(r)  Hoist system -- a collection of mechanical devices and support equipment assembled and used in combination for lifting and lowering loads, including personnel cages.
(s)  Job hazard analysis -- an evaluation of the tasks or operations involving the use of hoist systems performed to identify potential hazards and to determine the necessary controls.
(t)  Lifeline -- an independently suspended line used to attach the employee's safety harness lanyard to, usually by means of a rope grab, as part of the fall arrest system.*
(u)  Line run -- a condition whereby the free end of the hoistline may be overhauled by the deadweight of the downline portion of the hoistline on the footblock side of the cathead.*
(v)  Non-guided workman's hoist (worker's hoist) -- a hoist involving the transportation of a person in a boatswain's chair, or equivalent, not attached to fixed guide ropes.*
(w)  Qualified person -- one who, by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience, has successfully demonstrated his ability to solve or resolve problems relating to the subject matter, the work, or the project.
(x)  Rope -- wire rope, unless otherwise specified.*
(y)  Rotation resistant rope -- a wire rope consisting of an inner layer of strand laid in one direction covered by a layer of strand laid in the opposite direction.  This has the effect of counteracting torque by reducing the tendency of the finished rope to rotate.*
(z)  Safety clamp -- a fall-arresting device (or rope-grab) designed to grip the lifeline and prevent the person being transported in a boatswain's chair, or equivalent, from falling.*
(aa)  Static drop test -- a test performed by suspending the cage in a fixed position with a quick release device or equivalent method separating the cage from the hoistline.  The quick release device is tripped allowing the cage to freefall until the safety clamps (cage) activate and stop the cage.*
(bb)  Total suspended load -- the combined weight of any and all objects and persons in transport, including the weight of the suspended rope.
(cc)  Weatherproof -- constructed or protected so that exposure to the weather will not interfere with successful operations.*
4. Qualified and Competent Person(s)
(a)  The employer must:
(i)  Provide one or more competent and/or qualified person(s), as specified in paragraphs (f) and (m) of 29 CFR 1926.32, who is/are responsible for ensuring that the installation, maintenance, and inspection of the hoist system comply with the conditions specified herein, and with the applicable requirements of 29 CFR part 1926 ("Safety and Health Regulations for Construction"); and
(ii)  Ensure that a competent person(s) is present at ground level to assist in an emergency whenever the hoist system is raising or lowering workers.
(b)  The employer must use a qualified person to design, and a competent person to maintain, the cathead described under Condition 9 ("Cathead and Sheave") below.
(c)  The employer must train each competent person and each qualified person regarding the conditions of this variance and the requirements of 29 CFR part 1926 that are applicable to their respective roles.
5.  Hoist Machine
(a)  Type of hoist.  The employer must:
(i)  Designate the hoist machine as a hoist system; and
(ii)  Use and maintain the hoist machine in accordance with the manufacturer's instructions.  When the manufacturer's instructions are not available, the employer must ensure that a qualified person develops written instructions, and that these instructions are available on site.
(b)  Raising or lowering a transport.  The employer must ensure that:
(i)  The hoist machine includes a base - -mounted drum hoist designed to control line speed;
(ii)  When lowering an empty or occupied transport, the drive components are engaged continuously (i.e., "powered down" or not "freewheeling");
(iii)  The drive system is interconnected, on a continuous basis, through a torque converter, mechanical coupling, or an equivalent coupling (e.g., electronic controller, fluid clutches, and hydraulic drives);
(iv)  The braking mechanism is applied automatically when the transmission is in the neutral position and a forward-reverse coupling or shifting transmission is being used; and
(v)  No belts are used between the power source and the winding drum.
(c)  Power source.  The employer must power the hoist machine by an air, electric, hydraulic, or internal-combustion drive mechanism.
(d)  Constant-pressure control switch.  The employer must equip the hoist machine with a hand-operated or a foot-operated constant-pressure control switch (i.e., a "deadman control switch") that deactivates the engine and stops the hoist rotation immediately upon release by the hoist operator.
(e)  Line-speed indicator.  The employer must:
(i)  Equip the hoist machine with a line-speed indicator maintained in working order; and
(ii)  Ensure that the line-speed indicator is in clear view of the hoist operator during hoisting operations.
(f)  Overspeed.  The employer must equip the hoist machine with an audible or visual overspeed indicating alarm that will activate before the line speed exceeds 275 feet per minute (includes 10% overspeed allowance) when transporting personnel.
(g)  Braking systems.  The employer must equip the hoist machine with at least two (2) independent braking systems (i.e., one automatic and one manual) applied on the winding side of the clutch or couplings, with each braking system being capable of stopping and holding 150 percent of the maximum rated line load.
(h)  Slack-rope protection.  The employer must equip the hoist machine with a slack-rope device to prevent rotation of the winding drum under slack-rope conditions, or a slack rope circuit that stops or limits the hoist speed to a creep speed when there is no tension on the load line.
(i)  Frame.  The employer must ensure that the frame of the hoist machine is a self-supporting, rigid, steel structure, and that holding brackets for anchor lines and legs for anchor bolts are integral components of the frame in accordance with the applicable design drawings.
(j)  Stability.  The employer must secure hoist machines in position to prevent movement, shifting, or dislodgement in accordance with the applicable design drawings.
(k)  Location.  The employer must:
(i)  Locate the hoist machine far enough from the footblock to obtain the correct fleet angle for proper winding or spooling of the cable on the drum; and
(ii)  Ensure that the fleet angle remains between one-half degree (1/2[0]) and one and one-half degrees (1-1/2[0]) for smooth drums, and between one-half degree (1/2[0]) and two degrees (2[0]) for grooved drums, with the lead sheave centered on the drum.5
(l)  Drum and flange diameter.  The employer must:
(i)  Provide a winding drum for the hoist that is at least 30 times the nominal diameter of the rope used for hoisting; and
(ii)  Ensure that the winding drum has a flange diameter that is at least one and one-half (1-1/2) times the winding-drum diameter.
(m)  Spooling of the rope.  The employer must never spool the rope closer than two (2) inches (5.1 cm) from the outer edge of the winding-drum flange when the hoist is in operation.
(n)  Minimum rope turns on drum.  The employer must ensure that the drum has three turns of rope when the hoist load is at the lowest point of travel, and that the hoist end of the rope is mechanically secured to the hoist drum per manufacturer's instructions.
(o)  Electrical system.  The employer must ensure that all electrical equipment is weatherproof.
(p)  Grounding.  The employer must ensure that the hoisting machine is grounded at all times in accordance with the requirements of 29 CFR 1926.404(f).
(q)  Limit switches.
(i)  When the employer uses a hoist system with a personnel cage , the employer must equip the hoist system with limit switches and related equipment that automatically prevent overtravel of the transport device at the top of the supporting structure and at the bottom of the hoistway or lowest landing level.
(ii)  When the employer uses a hoist system with a material-transport device, the employer must equip the hoist system with limit switches and related equipment that automatically prevents overtravel of material-transport devises at the top of the support structure.
(r)  Guarding.  The employer must guard effectively all exposed moving parts such as gears, projecting screws, setscrews, chains, cables, belts, chain sprockets, and reciprocating or rotating parts, that might constitute a hazard under normal operating conditions.  (NOTE:  OSHA considers a hoist drum that has access limited to authorized persons as guarded.)
(s)  Overhead Protection.  The employer must provide a shelter or enclosure to protect the hoist operator, hoist machine, and associated controls from falling or moving objects.
6.  Methods of Operation
(a)  Worker qualifications and training.  The employer must:
(i)  Ensure that each personnel hoist operator and each of their supervisors have effective and documented training in the safe operation of hoist machines covered by this variance.
(ii)  Ensure that only a trained and authorized person operates the hoist machine.
(iii)  Provide effective and documented instruction, before initial use, to each worker who uses a personnel cage for transportation regarding the safe use of the personnel cage and its emergency systems.  The employer must repeat the instruction periodically and as necessary (e.g., after making changes to the personnel cage that affect its operation).
(b)  Use of job hazard analyses (JHAs).  The employer must:
(i)  Complete one or more JHAs for the operation of the hoist system; and
(ii)  Review, periodically and as necessary (e.g., after making changes to the hoist machine that affect its operation), the contents of the JHA with affected personnel.
(c)  Speed limitations.  The employer must not operate the hoist at a speed in excess of 250 feet per minute6 or the design speed of the hoist system, whichever is lower, when using a personnel cage to transport workers, and slow the hoist appropriately at the extremes of hoist travel.  (NOTE:  The employer may use a line speed that is consistent with the design limitations of the hoist system when hoisting material (i.e., using a dedicated material-transport device) on the hoist system.)
(d)  Communication.  The employer must:
(i)  Use an electronic voice-communication system (such as two-way radio) at all times, for communication between the hoist operator and the workers located in a moving personnel cage;
(ii)  Stop hoisting if there is (a) a failure of communication, or (b) activation of a stop signal from the workers in the personnel cage; resume hoisting only when a supervisor determines that it is safe to do so.
7.  Hoist Rope
(a)  Grade.  The employer must use a wire rope for the hoist system (i.e., "hoist rope") that consists of extra-improved plow steel, an equivalent grade of non-rotating rope, or a regular lay rope with a suitable swivel mechanism.
(b)  Safety factor.  For personnel hoisting, the employer must maintain a safety factor of at least eight and nine tenth (8.9) times the total suspended load throughout the entire length of hoist rope (including the weight of the suspended rope).
(c)  Size.  The employer must use a hoist rope that is at least one-half (1/2) inch in diameter.
(d)  Rope lay.  Except when using rotation resistant rope, the employer must use preformed regular lay rope.  The direction of exterior lay (right or left) must match the drum termination and winding characteristics.
(e)  Inspection, removal, and replacement.  The employer must:
(i)  Thoroughly inspect the hoist rope before the start of each job, and on completing a new setup;
(ii)  Maintain the proper diameter-to-diameter ratios between the hoist rope and the footblock and the sheave by inspecting the wire rope regularly (see Conditions 8(c) and 9(d), below); and
(iii)  Remove and replace the wire rope with new wire rope when any condition specified by 29 CFR 1926.552(a)(3) occurs.
(f)  Attachments.  The employer must attach the rope to a personnel cage using a positive connection such as:
(i)  A screw-pin shackle with the pin secured from rotation or loosening by mousing to the shackle body;
(ii)  A bolt-type shackle, nut and cotter pin; or
(iii)  A positive-locking link.
(g)  Wire-rope fastenings.  When the employer uses clip fastenings (e.g., U-bolt wire-rope clips) with wire ropes, the employer must:
(i)  Use Table H-20 of 29 CFR 1926.251 to determine the number and spacing of clips;
(ii)  Use at least three (3) drop-forged clips at each fastening;
(iii)  Install the clips with the "U" of the clips on the dead end of the rope and the live end resting in the clip saddle;
(iv)  Space the clips so that the distance between them is a minimum of six (6) times the diameter of the rope.
(v)  Tighten the clips evenly in accordance with the manufacturer's specification;
(vi)  Following initial application of the load to the rope, retighten the clip nuts to the specified torque to compensate for any decrease in rope diameter caused by the load; and (vii)  Retighten the rope clip nuts periodically to compensate for any further decrease in rope diameter during usage.
(h)  Rotation resistant ropes and swivels.  The employer must not use a swivel anywhere in the system when using rotation resistant ropes unless approved by the wire-rope manufacturer.
(i)  Rope protection.  The employer must:
(A)  Barricade the hoisting rope between the hoisting machine and the footblock;
(B)  Protect the hoisting rope from abrasive contact with the ground; and
(C)  When the hoisting rope is subject to falling material or debris, protect it from such hazards.
 8. Footblock
(a)  Type of footblock.  Except as provided in paragraph (d) of this condition, the employer must use a footblock:
(i)  Consisting of construction-type rope blocks of solid single-piece bail with a safety factor of at least five (5), or an equivalent block with roller bearings;
(ii)  Designed for the applied loading, size, and type of wire rope used for hoisting;
(iii)  Designed for returning the rope to the sheave groove after a slack rope condition, or equipped with a guard that contains the wire rope within the sheave groove;
(iv)  Attached to the base according to the design drawings, with the anchorage being capable of sustaining at least eight (8) times the resultant force of the horizontal and vertical loads transmitted by the hoisting rope; and
(v)  Designed and installed so that it turns the moving wire rope to and from the horizontal or vertical direction as required by the direction of rope travel.
(b)  Directional change.  The employer must ensure that the angle of change in the hoist rope from the horizontal to the vertical direction at the footblock is approximately 90° (degrees).
(c)  Diameter.  The employer must ensure that the line diameter of the footblock sheave is at least 24 times the diameter of the hoist rope.
(d)  Sheave substitute.  The employer may substitute a properly mounted sheave, as specified in Condition 9 below ("Cathead and Sheaves"), for the footblock described in this condition.
9.  Cathead and Sheaves
(a)  Sheave support.  The employer must use a cathead constructed of steel or aluminum that consists of a wide-flange beam, or two (2) channel sections securely bolted back-to-back, according to the design drawings, to prevent spreading.
(b)  Installation.  The employer must ensure that:
(i)  All sheaves revolve on shafts that rotate on bearings; and
(ii)  The bearings are mounted securely to maintain the proper bearing position at all times.
(c)  Rope guides.  The employer must provide each sheave with appropriate rope guides to prevent the hoist rope from leaving the sheave grooves when the rope vibrates or swings abnormally.
(d)  Diameter.  The employer must use a sheave with a line diameter that is at least 24 times the diameter of the hoist rope.
(e)  Design basis.  The employer must ensure that:
(i)  The design of the cathead assembly conforms to the American Institute of Steel Construction (AISC) Manual of Steel Construction or the Aluminum Association's Aluminum Design Manual; and
(ii)  The cathead has a safety factor of at least five (5) for personnel and material hoisting.
(f)  Clearance.  The employer must provide:
(i)  Adequate clearance so that there will be no contact between the bottom of the cathead and the cable attachment at the top of the hoist cage;7 and
(ii)  A path free of obstruction (clear travel) along the full length of the guide ropes.
(g)  Sheave substitute.  The employer may substitute construction blocks, of the type described in Condition 8(a)(i) above, for the top sheaves.  (NOTE:  See also Condition 8(d) above.)
10.  Guide Ropes
(a)  Number and construction.  The employer must:
(i)  Securely affix two (2) guide ropes to the cathead or to overhead supports designed for the purpose of accepting the guide ropes; and
(ii)  Ensure that the guide ropes:
(A)  Consist of steel wire rope not less than one-half (1/2) inch (1.3 cm) in diameter; and
(B)  Be free of damage or defects at all times per 29 CFR 1926, 552(c)(17)(iv).
(b)  Guide rope fastening and alignment tension.  During the hoisting of personnel, the employer must ensure that one end of each guide rope is fastened securely to the overhead support, and that appropriate tension is applied at the foundation end of the rope.
(c)  Height.  The employer must install the guide ropes along the entire height of hoist travel.
11.  Personnel Cage
(a)  Construction.  The employer must ensure that the personnel cage frame is capable of supporting a load that is eight (8) times its rated load capacity.  The employer also must ensure that the personnel cage has:
(i)  A top and sides that are permanently enclosed (except for the entrance and exit);
(ii)  A floor securely fastened in place;
(iii)  Walls that consist of 14-gauge, one-half (1/2) inch expanded metal mesh, or an equivalent material;
(iv)  Walls that cover the full height of the personnel cage between the floor and the overhead covering;
(v)  A sloped roof constructed of at least three-sixteenth (3/16) inch steel plate, or material of equivalent strength and impact resistance, that slopes to the outside of the personnel cage;
(vi)  Safe handholds (e.g., rope grips -- but not rails or hard protrusions when their presence creates an impact hazard8) that accommodate each occupant; and
(vii)  Attachment points for workers to secure their personal fall-arrest protection systems.
(b)  Overhaul weight.  The employer must ensure that the personnel cage has an overhaul weight (e.g., a headache ball) to compensate for the weight of the hoist rope between the cathead and footblock.  In addition, the employer must:
(i)  Ensure that the overhaul weight is capable of preventing line run; and
(ii)  Use a means to restrain the movement of the overhaul weight so that the weight does not interfere with safe personnel hoisting.
(c)  Gate.  The employer must ensure that the personnel cage has a gate that:
(i)  Guards the full height of the entrance opening; and
(ii)  Has a functioning mechanical latch that prevents accidental opening.
(d)  Operating procedures.  The employer must post the procedures for operating the personnel cage conspicuously at the bottom landing.
(e)  Capacity.  The employer must:
(i)  Ensure that the rated load capacity of the cage is at least 250 pounds for each occupant so hoisted, or actual weight if the person exceeds 250 pounds; and
(ii)  Hoist at any one time no more than the number of occupants for which the cage is designed.
(f)  Worker notification.  The employer must post a sign on each personnel cage notifying workers of the following conditions:
(i)  The standard rated load (in pounds), as determined by the initial static drop test specified by condition 11(g) ("Static drop tests");
(ii)  The designated number of occupants for which the cage is designed; and
(iii)  Any reduction in rated load capacity (in pounds) if applicable (e.g., due to a change in the conditions of the specific job).
(g)  Static drop tests.  The employer must:
(i)  Conduct static drop tests of each personnel cage that comply with the static drop-test procedures provided in section 13 ("Inspections and Tests") of American National Standards Institute (ANSI) standard A10.22-2007 ("Safety Requirements for Rope-Guided and Non-Guided Workers' Hoists");
(ii)  Perform the initial and subsequent static drop tests at the rated load of the personnel cage; and
(iii)  Use a personnel cage for raising or lowering workers only when no damage occurred to the components of the cage as a result of the static drop tests.
(h)  Platform guides.  The employer must provide:
(i)  Adequate guards, beveled or cone-shaped attachments, or equivalent devices on the underside of the working platform or on the cage to prevent catching when the cage passes through the platform at the top landing; and;
(ii)  Sufficient clearance or adequate guarding to prevent catching or snagging when the cage passes through intermediate landings.
12.  Safety Clamps
(a)  Fit to the guide ropes.  The employer must:
(i)  Fit appropriately designed and constructed safety clamps to the guide ropes; and
(ii)  Ensure that the safety clamps do not damage the guide ropes when the cage is in motion.
(b)  Attach to the personnel cage.  The employer must attach safety clamps to each personnel cage for gripping the guide ropes.
(c)  Operation.  The employer must ensure that the safety clamps attached to the personnel cage:
(i)  Operate on the "broken rope principle";
(ii)  Be capable of stopping and holding a personnel cage that is carrying 100 percent of its maximum rated load and traveling at its maximum allowable speed if the hoist rope breaks at the footblock; and
(iii)  Use a pre-determined and pre-set clamping force (i.e., the "spring compression force") for each hoist system.
(d)  Maintenance.  The employer must keep the safety clamp assemblies clean and functional at all times.

13.  Overhead Protection
The employer must provide overhead protection for workers to access the bottom landing of the hoist system.
14.  Emergency-Escape Device
(a)  Location.  For workers using a personnel cage, the employer must provide an emergency-escape device, adequate to allow each worker being hoisted to escape, in at least one of the following locations:
(i)  In the personnel cage, provided that the device is long enough to reach the bottom landing from the highest possible escape point; or
(ii)  At the bottom landing, provided that a means is available in the personnel cage for an occupant to raise the device to the highest possible escape point.
(b)  Operating instructions.  The employer must ensure that written instructions for operating the emergency-escape device are attached to the device.
(c)  Training.  The employer must provide effective and documented training, as specified by Condition 6(a)(iii) above, to each worker who uses a personnel cage for transportation on how to operate the emergency-escape device so as to effect a safe descent in case of an emergency.
15.  Protecting Workers from Fall Hazards
The employer must:
(a)  Ensure that the hoist areas meet the requirements of 29 CFR 1926.501(b)(3) for hoist areas;
(b)  Protect each worker in a hoistway area from falling six (6) feet or more to lower levels by using guardrail systems that meet the requirements of 29 CFR 1926.502(b) or personal fall-arrest systems that meet the requirements of 29 CFR 1926.502(d);
(c)  Ensure that workers using personnel cages secure their fall-arrest systems to attachment points located inside the cage if the door of the personnel cage needs to be opened for emergency escape; and
(d)  Provide safe access to and from personnel cages.
16.  Exclusion Zone
The employer must:
(a)  Establish a clearly designated exclusion zone around the bottom landing of the hoist system designed to restrict the zone to authorized persons only;
(b)  The periphery of the exclusion zone must be:
(i)  Designed to keep unauthorized persons out of the zone;
(ii)  Well defined by visible boundary demarcation;
(iii)  Established with entry and exit points; and
(iv)  Posted with readily visible warning signs limiting access.
(c)  During personnel hoisting, prohibit any worker from entering the exclusion zone except authorized persons involved in accessing a personnel cage, and then only when the device is at the bottom landing and not in operation (i.e., when the drive components of the hoist machine are disengaged and the braking mechanism is properly applied); and
(d)  When hoisting material with the personnel hoist system, prohibit any worker from entering the exclusion zone except to access a material-transport device, and then only when the device is near the bottom landing for the purpose of loading, attaching, landing or tagging the load.
17.  Inspections, Tests, and Accident Prevention
(a)  The employer must initiate and maintain a program of frequent and regular inspections of the hoist system and associated work areas as required by 29 CFR 1926.20(b)(2) by:
(i)  Ensuring that a competent person conducts daily visual checks and weekly inspections of the hoist system, and an inspection before reuse of the system following periods of idleness exceeding one week;
(ii)  Ensuring that the competent person conducts tests and inspections of the hoist system in accordance with 29 CFR 1926.552(c)(15);
(iii) Ensuring that a competent person conducts weekly inspections of the work areas associated with the use of the hoist system.
(b)  If the competent person determines that the equipment constitutes a safety hazard, the employer must remove the equipment from service and not return the equipment to service until the employer corrects the hazardous condition and has the correction approved by a qualified person.
(c) The employer must maintain at the job site, for the duration of the job, records of all tests and inspections of the hoist system, as well as associated corrective actions and repairs.
18.  Welding
(a)  The employer must ensure that only welders qualified in accordance with the requirements of the American Welding Society9 weld components of the hoisting system.
(b)  The employer must ensure that these welders:
(i)  Are familiar with the weld grades, types, and materials specified in the design of the system; and
(ii)  Perform the welding tasks in accordance with 29 CFR part 1926, subpart J ("Welding and Cutting").
19.  OSHA Notification
(a)  To assist OSHA in administering the conditions of this variance, the employer must exercise due diligence in notifying the Office of Technical Programs and Coordination Activities (OTPCA) at OSHA's national headquarters, or the appropriate State-Plan Office, of:
(i)  Any chimney-related construction operation using the conditions specified herein, including the location of the operation and the date the operation will commence, at least 15 calendar days prior to commencing the operation;
(ii)  Any emergency operation or short-notice project using the conditions specified herein, and when 15 days are not available before the start of work, as soon as possible after the employer knows when the operation will commence; this information must include the location and date of the operation;
(b)  The employer can notify OTPCA at OSHA's national headquarters of pending chimney-related construction operations by:
(i)  Telephone at<PHONE_NUMBER>;
(ii)  Facsimile at<PHONE_NUMBER>; or
(iii)  Email at<EMAIL_ADDRESS>(c)  To assist OSHA in administering the conditions of this variance, the employer must exercise due diligence by informing OTPCA at OSHA's national headquarters as soon as possible after it has knowledge that it will:
(i)  Cease to do business;
(ii)  Change the location and address of the main office for managing the activities covered by this variance; or
(iii)  Transfer the activities covered by this variance to a successor company.
(d)  OSHA must approve the transfer of this variance to a successor company.


[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Notices]
[Pages 46085-46086]
[FR Doc No: 2019-18983]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

 [Docket No. FMCSA-2012-0086]

Identification of Interstate Motor Vehicles: City of Chicago, IL
Registration Emblem Requirement; Petition for Determination

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Re-opening of comment period.

-----------------------------------------------------------------------

SUMMARY: In January 2012, Allerton Charter Coach, Inc. (Allerton)
submitted a petition requesting that FMCSA determine that the Chicago
Ground Transportation Tax registration emblem display requirement is
preempted by Federal law. In March 2012, FMCSA published a notice of
Allerton's petition for determination and requested comments. The
Agency received five comments in response to the March 2012 notice. Due
to the passage of time, and to ensure that all interested parties have
an opportunity to provide comments or new information, the Agency re-
opens the comment period for 30 days.

DATES: Comments must be received on or before October 3, 2019.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2012-0086 using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between
9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments.

FOR FURTHER INFORMATION CONTACT: C. Kim McCarthy, Office of the Chief
Counsel, Federal Motor Carrier Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001; by email at
<EMAIL_ADDRESS>or by telephone at<PHONE_NUMBER>. If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this
Notice (FMCSA-2012-0086), indicate the specific section of the document
to which each comment applies, and provide a reason for each suggestion
or recommendation. You may submit your comments and material online or
by fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a telephone number in the body of your document so
that FMCSA can contact you if there are questions regarding your
submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2012-0086, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA seeks comment on whether the emblem display requirement
described below is preempted or whether it qualifies for an exception.
If you previously submitted comments in response to the Agency's March
2012 Notice, it is not necessary to resubmit your comments, unless you
have new information to provide. The Agency will consider all comments
and material received during the comment period.

B. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2012-0086, in the
keyword box, and click ``Search.'' Next, click the ``Open Docket
Folder'' button and choose the document to review. If you do not have
access to the internet, you may view the docket online by visiting the
Docket Management Facility in Room W12-140

on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590, between 9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.

C. Privacy Act

    DOT solicits comments from the public to better inform its
decisionmaking processes. DOT posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.transportation.gov/privacy.

II. Background

    On January 20, 2012, Allerton submitted a petition for
determination that the Chicago Ground Transportation Tax (the Tax)
registration emblem display requirement, which applies to interstate
motor passenger carriers within FMCSA's jurisdiction, is preempted by
49 U.S.C. 14506(a). Section 14506(a) prohibits States from requiring
interstate motor carriers to display in or on specified commercial
motor vehicles (CMVs) any form of identification other than forms
required by the Secretary of Transportation, with certain exceptions.
On March 23, 2012, FMCSA published a Notice of Allerton's petition,
requesting comment on whether the registration emblem display
requirement is preempted by 49 U.S.C. 14506(a) or whether any exception
set forth in section 14506(b) applies (77 FR 17105). On May 18, 2012,
the City of Chicago (Chicago) submitted its response to Allerton's
petition. Chicago opposed the petition, arguing that Allerton did not
demonstrate a ``live dispute'' regarding the emblem display requirement
and, further, that the emblem display requirement falls within the
exceptions identified in 49 U.S.C. 14506(b)(2) and (3). The statutory
exceptions cited by Chicago are, respectively, credentials required
under the International Fuel Tax Agreement or applicable State law (49
U.S.C. 14506(b)(2)) and a State law regarding motor vehicle license
plates ``or other displays that the Secretary determines are
appropriate'' (49 U.S.C. 14506(b)(3)). Allerton's petition and
Chicago's response are available in the docket for this Notice.
    The Tax requires providers of passenger ground transportation
within the City of Chicago to register their vehicles and pay a
graduated fee that varies according to the seating capacity of each
vehicle registered (Chicago Mun. Code ch. 3-46). The Tax applies to all
for-hire vehicles used to pick up, drop off, or both pick up and drop
off passengers within the city (Chicago Mun. Code Sec.  3-46-020(H)).
The Tax applies regardless of whether the vehicle is registered or
titled within the State of Illinois. Id.
    Vehicles subject to the Tax must display an emblem on the
windshield as evidence of registration and payment (Chicago Mun. Code
Sec.  3-46-073(A)). Vehicles failing to display the emblem are
prohibited from operating within the city and are subject to seizure
and impoundment at the vehicle owner's expense, as well as an
administrative penalty of $500. Id.
    As noted above, Federal law, codified at 49 U.S.C. 14506(a),
prohibits States from requiring interstate motor carriers to display in
or on CMVs any form of identification other than forms required by the
Secretary of Transportation. However, section 14506(b) states that a
State may continue to require display of credentials required (1) under
the International Registration Plan under section 31704; (2) under the
International Fuel Tax Agreement (IFTA) or under an applicable State
law if, on October 1, 2006, the State has a form of highway use
taxation not subject to collection through IFTA; (3) under a State law
regarding requiring motor vehicle license plates or other displays that
the Secretary determines are appropriate; (4) in connection with
Federal requirements for hazardous materials transportation under
section 5103; or (5) in connection with Federal vehicle inspection
standards under section 31136.
    In accordance with a previous decision, FMCSA interprets all the
exceptions in section 14506(b) to apply to political subdivisions of
States, including municipalities. See Identification of Interstate
Motor Vehicles: New York City, Cook County, and New Jersey
Identification Requirements; Petition for Determination, 75 FR 64779
(Oct. 20, 2010). Authority granted to the Secretary under section 14506
has been delegated to the FMCSA Administrator by 49 CFR 1.87(a)(7).
    On July 2, 2019, the American Bus Association (ABA) requested that
the Agency re-publish the petition to allow an opportunity for any
additional public comments on the matter, and that FMCSA issue a
determination as soon as practicable thereafter. The ABA also noted
that, although Allerton recently ceased operations, a number of ABA
members currently operating in Chicago remain subject to the decal
requirement and the associated penalties for non-compliance.\1\
---------------------------------------------------------------------------

    \1\ The July 2, 2019 letter from ABA to FMCSA Administrator Ray
Martinez is available in Docket No. FMCSA-2012-0086, accessible
through https://www.regulations.gov.
---------------------------------------------------------------------------

III. Comments Requested

    As explained above, considering the passage of time since the
publication of the Notice, FMCSA is re-opening the comment period on
Allerton's petition. The Agency specifically seeks comment on whether
the City of Chicago's registration emblem display requirement is
preempted by 49 U.S.C. 14506(a) or whether it qualifies under any of
the five exceptions set forth in 49 U.S.C. 14506(b) and listed above.
As stated in the March 23, 2012, Notice, FMCSA believes that section
14506(b)(3) is the only exception that could potentially apply to the
Tax and therefore seeks comment specifically on whether the Agency
should approve the registration emblem display requirement under that
exception. The Agency requests that comments be limited to these
issues, and encourages the submission of data or legal authorities
supporting the commenter's position. Parties who commented in response
to the Agency's March 23, 2012, Notice and have no further or updated
information to add need not resubmit their comments. FMCSA may issue a
determination on the petition at any time after the close of the
comment period.

    Issued on: August 27, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-18983 Filed 8-30-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: November 30, 2010 (Volume 75, Number 229)]
[Rules and Regulations]
[Page 73966-73967]
[DOCID:fr30no10-11]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-1027]

Safety Zone, Brandon Road Lock and Dam to Lake Michigan Including
Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and
Calumet-Saganashkee Channel, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard will enforce a segment of the Safety Zone;
Brandon Road Lock and Dam to Lake Michigan including Des Plaines River,
Chicago Sanitary and Ship Canal, Chicago River, Calumet-Saganashkee
Channel on all waters of the Chicago Sanitary and Ship Canal from Mile
Marker 296.1 to Mile

Marker 296.7 daily from 7 a.m. to 11 a.m. and from 1 p.m. to 5 p.m. on
December 6, 2010 through December 11, 2010 and from December 13, 2010
through December 18, 2010. This enforcement action will then occur
again from 7 a.m. on December 20, 2010 through 5 p.m. on December 23,
2010. This action is necessary to protect the waterways, waterway
users, and vessels from hazards associated with the U.S. Army Corps of
Engineers' startup testing of the new dispersal barrier IIB, which will
help control the spread of aquatic nuisance species that have the
potential of devastating the waters of the Great Lakes.
    During the enforcement period, entry into, transiting, mooring,
laying-up or anchoring within the enforced area of this safety zone by
any person or vessel is prohibited unless authorized by the Captain of
the Port, Sector Lake Michigan, or his or her designated
representative.

DATES: The regulations in 33 CFR 165.T09-0166 will be enforced from 7
a.m. on December 6, 2010 through 5 p.m. on December 23, 2010.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or e-mail CDR Tim Cummins, Deputy Prevention Division, Ninth Coast
Guard District, telephone<PHONE_NUMBER>, e-mail address
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a segment of
the Safety Zone; Brandon Road Lock and Dam to Lake Michigan including
Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River,
Calumet-Saganashkee Channel, Chicago, IL, listed in 33 CFR 165.T09-
0166, on all waters of the Chicago Sanitary and Ship Canal from Mile
Marker 296.1 to Mile Marker 296.7 daily from 7 a.m. to 11 a.m. and from
1 p.m. to 5 p.m. on December 6, 2010 through December 11, 2010 and from
December 13, 2010 through December 18, 2010. This enforcement action
will then occur again from 7 a.m. on December 20, 2010 through 5 p.m.
on December 23, 2010.
    This enforcement action is necessary because the Captain of the
Port, Sector Lake Michigan has determined that the U.S. Army Corps of
Engineers' dispersal barrier IIB startup testing poses risks to life
and property. The combination of vessel traffic and electric current in
the water makes the control of vessels through the impacted portion of
the Chicago Sanitary and Ship Canal necessary to prevent injury and
property loss.
    In accordance with the general regulations in Sec.  165.23 of this
part, entry into, transiting, mooring, laying up, or anchoring within
the enforced area of this safety zone by any person or vessel is
prohibited unless authorized by the Captain of the Port, Sector Lake
Michigan, or his or her designated representative.
    This notice is issued under authority of 33 CFR 165.T09-0166 and 5
U.S.C. 552(a). In addition to this notice in the Federal Register, the
Captain of the Port, Sector Lake Michigan, will also provide notice
through other means, which may include but are not limited to Broadcast
Notice to Mariners, Local Notice to Mariners, local news media,
distribution in leaflet form, and on-scene oral notice. Additionally,
the Captain of the Port, Sector Lake Michigan, may notify
representatives from the maritime industry through telephonic and e-
mail notifications.

    Dated: November 17, 2010.
S.R. Schenk,
Commander, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan,
Acting.
[FR Doc. 2010-30148 Filed 11-29-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 31 (Wednesday, February 15, 2023)]
[Notices]
[Page 9945]
[FR Doc No: 2023-03231]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-189, OMB Control No. 3235-0201]

Proposed Collection; Comment Request; Extension: Rule 17a-2

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-27363

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 17a-2 (17 CFR 240.17a-
2), under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.).
The Commission plans to submit this existing collection of information
to the Office of Management and Budget (``OMB'') for extension and
approval.
    Rule 17a-2--Recordkeeping Requirements Relating to Stabilizing
Activities--requires underwriters to maintain information regarding
stabilizing activities conducted in accordance with Rule 104 of
Regulation M. The collections of information under Regulation M and
Rule 17a-2 are necessary for covered persons to obtain certain benefits
or to comply with certain requirements. The collections of information
are necessary to provide the Commission with information regarding
syndicate covering transactions and penalty bids. The Commission may
review this information during periodic examinations or with respect to
investigations. Except for the information required to be kept under
Rule 104(i) (17 CFR 242.104(i)) and Rule 17a-2(c), none of the
information required to be collected or disclosed for PRA purposes will
be kept confidential. The recordkeeping requirement of Rule 17a-2
requires the information be maintained in a separate file, or in a
separately retrievable format, for a period of three years, the first
two years in an easily accessible place, consistent with the
requirements of Exchange Act Rule 17a-4(f) (17 CFR 240.17a-4(f)).
    There are approximately 1,211 respondents per year that require an
aggregate total of approximately 6,055 hours to comply with this rule.
Each respondent makes an estimated 1 annual response. Each response
takes approximately 5 hours to complete. Thus, the total hour burden
per year is approximately 6,055 hours. The total internal compliance
cost for the respondents is approximately $490,455 per year, resulting
in an internal cost of compliance for each respondent per response of
approximately $405 (i.e., $490,455/1,211 responses).
    Written comments are invited on: (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted by
April 17, 2023.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: David Bottom, Director/
Chief Information Officer, Securities and Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington, DC 20549, or send an email to:
[email protected].

    Dated: February 10, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-03231 Filed 2-14-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Notices]
[Page 66756]
[FR Doc No: 2013-26537]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4147-DR; Docket ID FEMA-2013-0001]

Santa Clara Pueblo; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice amends the notice of a major disaster declaration
for the Santa Clara Pueblo (FEMA-4147-DR), dated September 27, 2013,
and related determinations.

DATES: Effective Date: October 29, 2013.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Santa Clara Pueblo is hereby amended to include Public
Assistance (Categories C-G) and the Hazard Mitigation Grant Program in
the following area determined to have been adversely affected by the
event declared a major disaster by the President in his declaration of
September 27, 2013.

    The Santa Clara Pueblo for Public Assistance [Categories C-G]
(already designated for debris removal and emergency protective
measures [Categories A and B] under the Public Assistance program).
    The Santa Clara Pueblo is eligible to apply for assistance under
the Hazard Mitigation Grant Program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households in Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-26537 Filed 11-5-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Notices]
[Page 8714]
[FR Doc No: 2019-04327]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2299-082; Project No. 14581-002]

Turlock Irrigation District; Modesto Irrigation District; Notice
of Environmental Site Review

    The Federal Energy Regulatory Commission and Turlock and Modesto
Irrigation Districts will conduct an environmental site review of the
Don Pedro and La Grange Projects. The projects are located on the
Tuolumne River, in Stanislaus and Tuolumne Counties, California.
    Date and Time: Wednesday, March 27, 2019, 10:00 a.m.-about 4 p.m.
(PDT).
    Location: Meet at Don Pedro Recreation Agency Parking Lot, 10200
Bonds Flat Road, La Grange, California 95329.
    The site visit is open to the public and resource agencies.
    If you plan to attend, please notify Jim Hastreiter, at (503) 552-
2760 or<EMAIL_ADDRESS>no later than March 20, 2019.

    Dated: February 27, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-04327 Filed 3-8-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: November 19, 2009 (Volume 74, Number 222)]
[Notices]
[Page 60021-60022]
[DOCID:fr19no09-92]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2001-9561; FMCSA-2005-22194]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
19 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent
to, or greater than, the level of safety maintained without the
exemptions for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective December 6, 2009. Comments must be
received on or before December 21, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2001-9561; FMCSA-2005-22194,
using any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this Notice. Note that DOT posts all comments received without
change to http://www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgment page that appears after submitting comments
on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19476). This information is
also available at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 19 individuals who have requested a renewal
of their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 19 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Norman E. Braden
Henry L. Chastain
Thomas R. Crocker
Clinton D. Edwards
Gerald W. Fox
Ronald K. Fultz
Richard L. Gandee

John L. Hynes
Richard H. Kind
Robert S. Larrance
John D. McCormick
Thomas C. Meadows
David A. Morris
Leigh E. Moseman
Richard P. Stanley
Paul D. Stoddard
Robert L. Tankersley, Jr.
Scott A. Tetter
Benny R. Toothman

    These exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in 49 CFR 391.41(b)(10), and
(b) by a medical examiner who attests that the individual is otherwise
physically qualified under 49 CFR 391.41; (2) that each individual
provides a copy of the ophthalmologist's or optometrist's report to the
medical examiner at the time of the annual medical examination; and (3)
that each individual provides a copy of the annual medical
certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA.
    The exemption will be rescinded if: (1) The person fails to comply
with the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two-year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 19 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (66 FR 30502; 66 FR 41654; 70 FR 57353; 70 FR 72689; 73 FR
222). Each of these 19 applicants has requested renewal of the
exemption and has submitted evidence showing that the vision in the
better eye continues to meet the standard specified at 49 CFR
391.41(b)(10) and that the vision impairment is stable. In addition, a
review of each record of safety while driving with the respective
vision deficiencies over the past two years indicates each applicant
continues to meet the vision exemption standards. These factors provide
an adequate basis for predicting each driver's ability to continue to
drive safely in interstate commerce. Therefore, FMCSA concludes that
extending the exemption for each renewal applicant for a period of two
years is likely to achieve a level of safety equal to that existing
without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by December 21, 2009.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 19 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was based on the merits of each
case and only after careful consideration of the comments received to
its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all of these drivers, are not
currently achieving the statutory level of safety should immediately
notify FMCSA.
    The Agency will evaluate any adverse evidence submitted and, if
safety is being compromised or if continuation of the exemption would
not be consistent with the goals and objectives of 49 U.S.C. 31136(e)
and 31315, FMCSA will take immediate steps to revoke the exemption of a
driver.

    Issued on: November 12, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-27839 Filed 11-18-09; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register: March 24, 2006 (Volume 71, Number 57)]
[Notices]
[Page 14879-14880]
[DOCID:fr24mr06-57]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

March 16, 2006.
    Take notice that the Commission received the following electric
rate filings.
    Docket Numbers: ER02-2330-041.
    Applicants: ISO New England Inc.
    Description: ISO New England, Inc. submits its Fourteenth Quarterly
Status Report, pursuant to FERC's September 20, 2002 Order.
    Filed Date: March 13, 2006.
    Accession Number: 20060315-0211.
    Comment Date: 5 p.m. eastern time on Monday, April 3, 2006.

    Docket Numbers: ER04-805-002; ER02-237-006.
    Applicants: Wabash Valley Power Association, Inc.; J. Aron &
Company.
    Description: Wabash Valley Power Association, Inc. and J. Aron &
Co. submit a notice of non-material change in status, in compliance
with the reporting requirements adopted in FERC's Order 652.
    Filed Date: March 10, 2006.
    Accession Number: 20060315-0216.
    Comment Date: 5 p.m. eastern time on Friday, March 31, 2006.

    Docket Numbers: ER04-805-003.
    Applicants: Wabash Valley Power Association, Inc.
    Description: Wabash Valley Power Association, Inc. submits
revisions to Original Sheet 1A et al to FERC Electric Tariff, Original
Volume 2 pursuant to Order 652.
    Filed Date: March 13, 2006.
    Accession Number: 20060315-0212.
    Comment Date: 5 p.m. eastern time on Monday, April 3, 2006.

    Docket Numbers: ER04-961-006.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits proposed revisions to Schedule 2 of its Open Access
Transmission & Energy Markets Tariff, FERC Electric Tariff, Third
Revised Volume 1.
    Filed Date: March 9, 2006.
    Accession Number: 20060315-0209.
    Comment Date: 5 p.m. eastern time on Thursday, March 30, 2006.

    Docket Numbers: ER05-386-003.
    Applicants: Interstate Power Company; Midwest Independent System
Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
and Interstate Power Company jointly submit a Revised and Restated
Agreement for Integrated Transmission Area with Central Iowa Power
Coop, et al, pursuant to FERC's December 20, 2005 Order.
    Filed Date: March 10, 2006.
    Accession Number: 20060315-0213.
    Comment Date: 5 p.m. eastern time on Friday, March 31, 2006.

    Docket Numbers: ER06-71-002.
    Applicants: Southwestern Public Service Company.
    Description: Southwestern Public Service Co. submits modifications
to SPS Rate Schedule 118.
    Filed Date: March 9, 2006.
    Accession Number: 20060315-0208.
    Comment Date: 5 p.m. eastern time on Thursday, March 30, 2006.

    Docket Numbers: ER06-319-002.
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, LLC submits a compliance filing
pursuant to FERC's February 9, 2006 Order.
    Filed Date: March 13, 2006.
    Accession Number: 20060315-0210.
    Comment Date: 5 p.m. eastern time on Monday, April 3, 2006.

    Docket Numbers: ER06-714-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits a Large Generator Interconnection Agreement with FirstEnergy
Nuclear Operating Co, et al.
    Filed Date: March 10, 2006.
    Accession Number: 20060315-0010.
    Comment Date: 5 p.m. eastern time on Friday, March 31, 2006.

    Docket Numbers: ER06-716-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator,
Inc.'s unexecuted Second Revised and Restated Generator Interconnection
and Operating Agreement btw FirstEnergy Nuclear Operating Co. &
American Transmission Systems, Inc.
    Filed Date: March 10, 2006.
    Accession Number: 20060315-0009.
    Comment Date: 5 p.m. eastern time on Friday, March 31, 2006.

    Docket Numbers: ER06-717-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Co. submits revised rates
for existing transmission contracts.
    Filed Date: March 10, 2006.
    Accession Number: 20060315-0220.
    Comment Date: 5 p.m. eastern time on Friday, March 31, 2006.

    Docket Numbers: ER06-719-000.
    Applicants: Wabash Valley Power Association, Inc.
    Description: Cinergy Services Inc, on behalf of the Cincinnati Gas
& Electric Co. et al submits Cancellation Agreement to their
Interconnection Agreement, effective December 31, 2005.
    Filed Date: March 13, 2006.
    Accession Number: 20060315-0004.
    Comment Date: 5 p.m. eastern time on Monday, April 3, 2006.

    Docket Numbers: ER06-720-000.
    Applicants: Twelvepole Creek, LLC.
    Description: Twelvepole Creek LLC submits a notice canceling its
FERC Electric Rate Schedule 1.
    Filed Date: March 13, 2006.
    Accession Number: 20060315-0005.
    Comment Date: 5 p.m. eastern time on Monday, April 3, 2006.

    Docket Numbers: ER06-721-000.
    Applicants: American Electric Power Service Corporation.
    Description: The American Electric Power Service Corp agent for
Kentucky Power Co. et al submits an interconnection agreement with
Louisville Gas & Electric Co. et al.
    Filed Date: March 13, 2006.
    Accession Number: 20060315-0006.
    Comment Date: 5 p.m. eastern time on Monday, April 3, 2006.

    Docket Numbers: ER06-722-000.
    Applicants: Consumers Energy Company.
    Description: Consumers Energy Co. submits its Notice of
Cancellation of its

Facilities Agreement with Alpena Power Generation, LLC.
    Filed Date: March 13, 2006.
    Accession Number: 20060315-0007.
    Comment Date: 5 p.m. eastern time on Monday, April 3, 2006.

    Docket Numbers: ER06-723-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corp submits an
amendment to the ISO Tariff, to establish the Interim Reliability
Requirements Program.
    Filed Date: March 13, 2006.
    Accession Number: 20060315-0011.
    Comment Date: 5 p.m. eastern time on Monday, April 3, 2006.

    Docket Numbers: ER06-724-000.
    Applicants: ISO New England Inc.; New England Power Pool
Participants Committee.
    Description: ISO New England Inc. and New England Power Pool
Participants Committee jointly submit several proposed changes to the
ISO New England Information Policy.
    Filed Date: March 13, 2006.
    Accession Number: 20060315-0002.
    Comment Date: 5 p.m. eastern time on Monday, April 3, 2006.

    Docket Numbers: ER06-725-000.
    Applicants: Commonwealth Edison Company.
    Description: Commonwealth Edison Co submits two notices of
cancellation, Service Agreement 28 and Service Agreement 24, to be
canceled effective March 15, 2006 etc.
    Filed Date: March 13, 2006.
    Accession Number: 20060315-0001.
    Comment Date: 5 p.m. eastern time on Monday, April 3, 2006.

    Docket Numbers: ER96-719-009; ER99-2156-007.
    Applicants: MidAmerican Energy Company; Cordova Energy Company LLC.
    Description: MidAmerican Energy Co. & Cordova Energy C LLC submit a
Notice of Change in Status re the change in ownership of their indirect
parent, MidAmerican Energy Holdings Co.
    Filed Date: March 10, 2006.
    Accession Number: 20060315-0215.
    Comment Date: 5 p.m. eastern time on Friday, March 31, 2006.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-4231 Filed 3-23-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Notices]
[Pages 48010-48011]
[FR Doc No: 2022-16839]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3211-010]

Power Authority of New York; Notice of Settlement Agreement and
Soliciting Comments

    Take notice that the following settlement agreement has been filed
with the Commission and is available for public inspection.
    a. Type of Application: Settlement Agreement.
    b. Project No.: 3211-010.
    c. Date filed: July 25, 2022.
    d. Applicant: Power Authority of the State of New York (NYPA).
    e. Name of Project: Hinckley (Gregory B. Jarvis) Hydroelectric
Project (Gregory B. Jarvis Project).
    f. Location: The existing project is located on West Canada Creek,
a tributary to the Mohawk River, at the Hinkley Reservoir dam,
approximately 0.5 mile upstream of the Hamlet of Hinckley in the
counties of Oneida and Herkimer, New York. The project does not affect
federal land.
    g. Filed Pursuant to: Rule 602 of the Commission's Rules of
Practice and Procedure, 18 CFR 385.602.
    h. Applicant Contact: Robert Daly, New York Power Authority, 123
Main Street, White Plains, New York 10601;<PHONE_NUMBER>,
[email protected].
    i. FERC Contact: Emily Carter,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments: August 22, 2022. Reply comments
due September 1, 2022.
    The Commission strongly encourages electronic filing. Please file
comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. The first page of any filing should include docket
number P-3211-010.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. NYPA filed the Settlement Agreement on behalf of itself, the
U.S. Fish and Wildlife Service, and the New York State Department of
Environmental Conservation. The purpose of the Settlement Agreement is
to resolve, among the signatories, issues related to operational,
wildlife, water quality, and recreation resources associated with
issuance of a new license and water quality certification for the
project. Specifically, the Settlement Agreement includes proposed
protection, mitigation, and enhancements measures to address freshwater
mussel protection, minimum

flow, streamflow and water level monitoring, water quality management,
recreation facility enhancements, invasive species management, and bald
eagle protection. NYPA states that the terms of the Settlement
Agreement are an integrated and individual set of measures intended to
address and balance non-power and power values relating to the project
and requests that the Commission approve the Settlement Agreement and
incorporate the proposed measures set forth in section 3 into any new
license issued.
    l. A copy of the settlement agreement may be viewed on the
Commission's website at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number, excluding the last three digits, in the
docket number field to access the document (i.e., P-3211). At this
time, the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC Online
Support.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: August 1, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-16839 Filed 8-4-22; 8:45 am]
BILLING CODE 6717-01-P