[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Notices]
[Pages 53548-53550]
[FR Doc No: 2022-18787]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0032]

Agency Information Collection Activities; Notice and Request for
Comment; Strategies To Improve DRE Officers' Performance and Law
Enforcement Agencies' DRE Programs

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Notice and request for comments on a new information
collection.

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SUMMARY: The National Highway Traffic Safety Administration (NHTSA)
invites public comments about our intention to request approval from
the Office of Management and Budget (OMB) for a new information
collection to study ways to help improve Officers' performance and Law
Enforcement programs for Drug Recognition Experts (DRE). Before a
Federal agency can collect certain information from the public, it must
receive approval from OMB. Under procedures established by the
Paperwork Reduction Act of 1995, before seeking OMB approval, Federal
agencies must solicit public comment on proposed collections of
information, including extensions and reinstatement of previously
approved collections. This document describes a collection of
information for which NHTSA intends to seek OMB approval on Strategies
to Improve DRE Officers' Performance and Law Enforcement Agencies' DRE
Programs.

DATES: Comments must be submitted on or before October 31, 2022.

ADDRESSES: You may submit comments identified by the Docket No. NHTSA-
2022-0032 through any of the following methods:
     Electronic submissions: Go to the Federal eRulemaking
Portal at http://www.regulations.gov. Follow the online instructions
for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail or Hand Delivery: Docket Management, U.S. Department
of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-
140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except on Federal holidays. To be sure someone is there to help
you, please call<PHONE_NUMBER> before coming.
    Instructions: All submissions must include the agency name and
docket number for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit https://www.transportation.gov/privacy.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets via internet.

FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact: Jacqueline Milani, NPD220 (routing
symbol),<PHONE_NUMBER>, National Highway Traffic Safety
Administration, Enforcement and Justice Services Division, Room number:
W44-206, U.S. Department of Transportation, 1200 New Jersey Avenue SE,
Washington, DC 20590.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), before an agency submits a proposed
collection of information to OMB for approval, it must first publish a
document in the

Federal Register providing a 60-day comment period and otherwise
consult with members of the public and affected agencies concerning
each proposed collection of information. The OMB has promulgated
regulations describing what must be included in such a document. Under
OMB's regulation (at 5 CFR 1320.8(d)), an agency must ask for public
comment on the following: (a) whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (b) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) how to enhance the quality,
utility, and clarity of the information to be collected; and (d) how to
minimize the burden of the collection of information on those who are
to respond, including the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology, e.g., permitting electronic submission of
responses. In compliance with these requirements, NHTSA asks for public
comments on the following proposed collection of information for which
the agency is seeking approval from OMB.
    Title: Strategies to Improve DRE Officers' Performance and Law
Enforcement Agencies' DRE Programs.
    OMB Control Number: New.
    Form Number(s): 1662, 1663, 1680.
    Type of Request: New Request.
    Type of Review Requested: Regular.
    Requested Expiration Date of Approval: 3 years from date of
approval.

Summary of the Collection of Information

    NHTSA seeks approval from the Office of Management and Budget (OMB)
for a new information collection. Drug Recognition Experts (DRE) are
law enforcement officers trained and certified through the
International Drug Evaluation and Classification (DEC) program to
recognize impairment in drivers under the influence of drugs other
than, or in addition to, alcohol. Although there is a standardized
process for the Drug Influence Evaluation (DIE) performed by DREs,
there are differences in how each State DRE program, as well as local
DREs, collect evidence, record data, and determine who will respond
when a DRE is needed. These differences are due to a variety of
reasons, including funding, the number of trained DREs, individual
laws, and other factors. Some States have strengthened their programs
with the utilization of tools and technologies, such as tablets and
software that aid in the accurate and efficient collection of data.
There has, however, been no research to document best practice
strategies that other agencies could use with fidelity to replicate
what some have done to improve their DRE officers' performance and law
enforcement agencies' DRE programs. This project is a one-time
demonstration project to study the strategies needed to improve the
ability of DRE officers and effectiveness of DRE programs to address
drug-impaired driving by consistently gathering and reporting evidence
of drivers suspected of impaired driving. Participation in the program
is voluntary; the process and information collected is described below.
     Application information (Form 1663) will be collected to
enroll Law Enforcement Agencies with DRE programs. The application will
include fields for the agency name, address, point of contact name,
email address, and phone number. It will request information about
existing DRE processes and procedures, tools and strategies used, and
how the agency plans to implement new or enhance existing processes and
procedures. A supporting Equipment, Technology and Supplies Order Form
(Form 1680) will also need to be completed and submitted by
participating agencies.
     Selected agencies will be required to submit via email,
monthly reports (Form 1662) documenting activities conducted in the
reporting month and planned for the next month. The monthly reports
will also include information on equipment/technology received as of
the date of the report.
     Quarterly reports will be required and will be collected
through telephone conversations between the selected agencies and the
support contractor. These calls will serve to discuss what has occurred
within the past quarter in relation to the project, such as how the
tools and technologies have been implemented, any challenges faced and
how they were or will be addressed, any successes to date, and lessons
learned.

Description of the Need for the Information and Proposed Use of the
Information

    NHTSA was established by the Highway Safety Act of 1970 (Pub. L.
91-605, section 202(a), 84 Stat. 1713, 1739-40). Its mission is to
reduce the number of deaths, injuries, and economic losses resulting
from motor vehicle crashes on our nation's highways. To further this
mission, NHTSA conducts research on driver behavior and traffic safety
to develop efficient and effective means of bringing about safety
improvements. Impaired driving resulting from cannabis or other drug
use poses challenges for our nation's law enforcement officers,
prosecutors, toxicologists, highway safety offices, and others. As the
number of States legalizing marijuana continues to increase, the need
for effective strategies to address the growing concerns about impaired
driving is imperative. Law enforcement agencies are eager for
strategies to improve their efficiency, consistency, and completeness
of their DRE programs. This program will play a critical role in a
State's efforts to reduce impaired driving. This project will allow
NHTSA to provide participating law enforcement agencies with
information and resources to improve their DRE officers' performance
and enforcement programs overall. This collection of information is
necessary to allow interested enforcement agencies with DRE programs to
submit an application that shares information about their current DRE
program. This is a demonstration project. Agency applications will be
collected and used as baseline data. This information will be compiled
and used to better understand process outcomes that other law
enforcement agencies could use to replicate and improve their programs.
    Affected Public: Selected law enforcement agencies with DRE
programs willing to participate.
    Estimated Number of Respondents: 15.
    Frequency: 1 application to share information about their Law
Enforcement Agency, monthly reports and quarterly calls to share
information on process measures on how the project is going.
    Number of Responses: Approximately 15 agencies will apply. Each
agency will submit 1 application, 36 monthly reports, and 12 quarterly
calls.
    Estimated Total Annual Burden Hours: 440 hours.
    Data collection will require the following activities for
participating agencies: completing an application, reviewing and
signing a memorandum of understanding, participating in a kickoff call,
preparing and submitting monthly reports and participating in quarterly
phone calls. Agencies that are not selected for participation will
spend time only on completing the application.
    The total estimated burden hours for each participating agency is
88 hours. Assuming 15 agencies respond and are selected, the total
estimated burden hours for all agencies is 1,320 hours. The estimated
total burden hours for any agency that submits an application

but is not selected is 1 hour. This is a 36-month effort, assuming
agencies are selected by March 2023 and provide monthly reports through
March 2026. The average annual burden for all agencies is 440 hours or
29.33 hour per respondent. Table 1 provides more details about the
total estimated burden hours.

                   Table 1--Estimated Total and Annual Burden Hours for Participating Agencies
----------------------------------------------------------------------------------------------------------------
                                                           Number of      Est. burden
               Activity                    Number of         times         hours per     Total est. burden hours
                                          respondents      completed       activity
----------------------------------------------------------------------------------------------------------------
Complete Application..................              15               1               1  15
Prepare Equipment Request.............              15               1               1  15
Review and Sign MOU...................              15               1               1  15
Participate in Kickoff Call...........              15               1               1  15
Complete and Submit Monthly Reports                 15              36               2  1,080
 and Invoices.
Participate in Quarterly Phone Calls..              15              12               1  180
    Total Burden Hours................  ..............  ..............  ..............  1,320 hours.
    Total Annual Burden Hours.........  ..............  ..............  ..............  440 hours/year.
    Total Burden Hours Per Respondent.  ..............  ..............  ..............  88 hours.
    Average Annual Burden Hours Per     ..............  ..............  ..............  29.33 hours/year.
     Respondent.
----------------------------------------------------------------------------------------------------------------

Estimated Annualized Labor Costs for Selected Agencies

    The burden hour labor cost associated with this collection of
information for selected agencies is derived by multiplying the
appropriate mean wage published by the Bureau of Labor Statistics
(weighted for total compensation) by the estimated burden hours for
selected agencies. The mean wage is estimated to be $37.67 per hour for
``Police and Sheriff's Patrol Officers''.\1\ This is estimated to be
62% of total compensation costs.\2\ Therefore, NHTSA estimates the
hourly labor costs to be $61.03. The estimated total labor cost for
selected agencies to participate in the project is $1,790.21 per
selected agency and $26,853.20 for all selected agencies.
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    \1\ National estimates for Police and Sheriff's Patrol Officers,
available at https://www.bls.gov/oes/current/oes333051.htm (accessed
May 5, 2022).
    \2\ Employer costs for employee compensation by ownership, state
and local government workers, available at https://www.bls.gov/news.release/ecec.t01.htm (accessed May 5, 2022).
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    The estimated annual labor cost associated with the burden hours
per selected agency and all agencies is shown in Table 2.

                                               Table 2--Estimated Annual Labor Cost for Selected Agencies
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Annual average                     Total annual
                         Annual respondents                           Average hourly    burden hours     Annual labor    average burden    Total annual
                                                                        labor cost     per respondent  cost per agency       hours          labor cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
15.................................................................          $61.03            29.33        $1,790.21              440       $26,853.20
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Burden Cost: There is no cost to
participating Law Enforcement Agencies beyond the time associated with
submitting reports and participating in quarterly calls.
    Public Comments Invited: You are asked to comment on any aspects of
this information collection, including (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; (b) the accuracy of the Department's estimate
of the burden of the proposed information collection; (c) ways to
enhance the quality, utility and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including the use of automated collection
techniques or other forms of information technology.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended; 49 CFR 1.49; and DOT Order 1351.29.

    Issued in Washington, DC.
Nanda Narayanan Srinivasan,
Associate Administrator, Research and Program Development.
[FR Doc. 2022-18787 Filed 8-30-22; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Notices]
[Pages 46790-46791]
[FR Doc No: 2014-18895]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL14-85-000]

Eric S. Morris v. Southwest Power Pool, Inc.; Notice of Complaint

    Take notice that on July 31, 2014, Eric S. Morris (Complainant)
filed a formal complaint against the Southwest Power Pool, Inc.
(Respondent) alleging that, Respondent violated Order Nos. 890 and 890-
A,\1\ potentially failing to properly implement and enforce its FERC
Electric Tariff, Sixth Revised Volume No. 1, thereby violating 18 CFR
1c.2.
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    \1\ Preventing Undue Discrimination and Preference in
Transmission Service, Order No. 890, FERC Stats. & Regs. ] 31,241,
order on reh'g, Order No. 890-A, FERC Stats. & Regs. ] 31,261
(2007).
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    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). 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. Any person wishing to become a party must
file a notice of intervention or motion to intervene, as appropriate.
The Respondent's answer and all interventions, or protests must be
filed on or before the comment date. The Respondent's answer, motions
to intervene, and protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is 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 email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on August 20, 2014.

     Dated: July 31, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-18895 Filed 8-8-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 188 (Tuesday, September 29, 2015)]
[Proposed Rules]
[Pages 58405-58410]
[FR Doc No: 2015-24282]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 39

[Docket No. RM15-25-000]

Availability of Certain North American Electric Reliability
Corporation Databases to the Commission

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes
to amend its regulations to require the North American Electric
Reliability Corporation (NERC) to provide the Commission, and
Commission staff, with access, on a non-public and ongoing basis, to
certain databases compiled and maintained by NERC. The Commission's
proposal applies to the following NERC databases: The Transmission
Availability Data System, the Generating Availability Data System, and
the protection system misoperations database. Access to these
databases, which will be limited to data regarding U.S. facilities,
will provide the Commission with information necessary to determine the
need for new or modified Reliability Standards and to better understand
NERC's periodic reliability and adequacy assessments.

DATES: Comments are due November 30, 2015.

ADDRESSES: Comments, identified by docket number, may be filed in the
following ways:
     Electronic Filing through http://www.ferc.gov. Documents
created electronically using word processing software should be filed
in native applications or print-to-PDF format and not in a scanned
format.
     Mail/Hand Delivery: Those unable to file electronically
may mail or hand-deliver comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Comment
Procedures Section of this document.

FOR FURTHER INFORMATION CONTACT:
Raymond Orocco-John (Technical Information), Office of Electric
Reliability, Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426, Telephone:<PHONE_NUMBER><EMAIL_ADDRESS>Matthew Vlissides (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, Telephone:<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    1. The Commission proposes to amend its regulations, pursuant to
section 215 of the Federal Power Act (FPA), to require the North
American Electric Reliability Corporation (NERC), the Commission-
certified Electric Reliability Organization (ERO), to provide the
Commission, and Commission staff, with access (i.e., view and download
data), on a non-public and ongoing basis, to certain databases compiled
and maintained by NERC. The Commission's proposal applies to the
following three NERC databases: (1) The Transmission Availability Data
System (TADS), (2) the Generating Availability Data System (GADS), and
(3) the protection system misoperations database. Access to these
databases, which will be limited to data regarding U.S. facilities,
will provide the Commission with information necessary for the
Commission to determine the need for new or modified Reliability
Standards and to better understand NERC's periodic reliability and
adequacy assessments.

I. Background

A. Section 215 and Order No. 672

    1. 2. Section 215 of the FPA requires the ERO to develop mandatory
and enforceable Reliability Standards, subject to Commission review and
approval. Reliability Standards may be enforced by NERC, subject to
Commission oversight, or by the Commission independently.\1\ In
addition, section 215(g) of the FPA requires the ERO to conduct
periodic assessments of the reliability and adequacy of the Bulk-Power
System in North America.\2\ Pursuant to section 215 of the FPA, the
Commission established a process to select and certify an ERO,\3\ and
subsequently certified NERC.\4\
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    \1\ 16 U.S.C. 824o(e).
    \2\ Id. 824o(g).
    \3\ Rules Concerning Certification of the Electric Reliability
Organization; and Procedures for the Establishment, Approval, and
Enforcement of Electric Reliability Standards, Order No. 672, FERC
Stats. & Regs. ] 31,204, order on reh'g, Order No. 672-A, FERC
Stats. & Regs. ] 31,212 (2006).
    \4\ North American Electric Reliability Corp., 116 FERC ]
61,062, order on reh'g and compliance, 117 FERC ] 61,126 (2006),
aff'd sub nom. Alcoa, Inc. v. FERC, 564 F.3d 1342 (D.C. Cir. 2009).
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    3. Section 39.2(d) of the Commission's regulations requires NERC
and each Regional Entity to ``provide the Commission such information
as is necessary to implement section 215 of

the Federal Power Act.'' \5\ Section 39.2(d) of the Commission's
regulations also requires each user, owner and operator of the Bulk-
Power System within the United States (other than Alaska and Hawaii) to
provide the Commission, NERC and each applicable Regional Entity with
``such information as is necessary to implement section 215 of the
Federal Power Act as determined by the Commission and set out in the
Rules of the Electric Reliability Organization and each applicable
Regional Entity.'' \6\
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    \5\ 18 CFR 39.2(d).
    \6\ Id.
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    4. The Commission promulgated section 39.2(d) of its regulations in
Order No. 672.\7\ The Commission explained in Order No. 672 that:
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    \7\ Order No. 672, FERC Stats. & Regs. ] 31,204 at P 114.

    The Commission agrees . . . that, to fulfill its obligations
under this Final Rule, the ERO or a Regional Entity will need access
to certain data from users, owners and operators of the Bulk-Power
System. Further, the Commission will need access to such information
as is necessary to fulfill its oversight and enforcement roles under
the statute.\8\
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    \8\ Id.
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B. NERC Databases

    5. NERC conducts ongoing data collections from registered entities
to populate databases for transmission outages through TADS, generation
outages through GADS, and protection system misoperations through
NERC's protection system misoperations database. Each of these NERC
databases is discussed below.
1. TADS Database
    6. NERC began collecting TADS data on a mandatory basis in 2007 by
issuing a Phase I data request pursuant to section 1600 of the NERC
Rules of Procedure.\9\ The request required that, beginning in January
2008, applicable entities provide certain data for the TADS database
based on a common template.\10\ In 2010, NERC began collecting Phase II
TADS data, which include additional fields of information on
transmission outages.\11\
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    \9\ See generally NERC, Summary of Phase I TADS Data Collection
(November 9, 2007), available at http://www.nerc.com/pa/RAPA/tads/TADSTF%20Archives%20DL/TADS_Data_Request_Summary.pdf.
    \10\ See generally NERC, Transmission Availability Data System
(TADS) Data Reporting Instruction Manual (November 20, 2007),
available at http://www.nerc.com/comm/PC/Transmission%20Availability%20Data%20System%20Working%20Grou/TADSTF%20Archives/Data_Reporting_Instr_Manual_11_20_07.pdf.
    \11\ See generally NERC, Transmission Availability Data System
Phase II Final Report (September 11, 2008), available at http://www.nerc.com/pa/RAPA/tads/TransmissionAvailabilityDataSyatemRF/TADS_Phase_II_Final_Report_091108.pdf.
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    7. Currently, the TADS database compiles transmission outage data
in a common format for: (1) Bulk electric system AC circuits (overhead
and underground); (2) transmission transformers (except generator step-
up units); (3) bulk electric system AC/DC back-to-back converters; and
(4) bulk electric system DC circuits.\12\ The TADS data collection
template includes the following information fields: (1) Type of
facilities, (2) outage start time and duration, (3) event type, (4)
initiating cause code, and (5) sustained cause code (for sustained
outages).\13\ ``Cause codes'' for common causes of transmission outages
include: (1) Lightning, (2) fire, (3) vandalism, (4) failed equipment
(with multiple sub-listings), (5) vegetation, and (6) ``unknown.'' \14\
There were 10,787 TADS events between 2012 and 2014.\15\
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    \12\ See NERC TADS Home Page, available at http://www.nerc.com/pa/RAPA/tads/Pages/default.aspx.
    \13\ See Transmission Availability Data System (TADS) Data
Reporting Instruction Manual (August 1, 2014), available at http://www.nerc.com/pa/RAPA/tads/Documents/2015_TADS_DRI.pdf.
    \14\ See Transmission Availability Data System Definitions
(August 1, 2014), available at http://www.nerc.com/pa/RAPA/tads/Documents/2015_TADS_Appendix_7.pdf.
    \15\ See, e.g., NERC, State of Reliability 2015, Appendix A
(Statistical Analysis for Risk Issue Identification and Transmission
Outage Severity Analysis) at 86 (May 2015), available at http://www.nerc.com/pa/RAPA/PA/Performance%20Analysis%20DL/2015%20State%20of%20Reliability.pdf.
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    8. NERC uses TADS data to develop transmission metrics to analyze
outage frequency, duration, causes, and other factors related to
transmission outages.\16\ NERC also provides individual transmission
owners with TADS metrics for their facilities.\17\ NERC issues an
annual public report based on TADS data that shows aggregate metrics
for each NERC Region, with the underlying data typically accorded
confidential treatment.\18\
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    \16\ See NERC TADS Home Page.
    \17\ Id.
    \18\ Id.
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2. GADS Database
    9. The collection of GADS data has been mandatory since 2012,
pursuant to a data request issued in accordance with section 1600 of
the NERC Rules of Procedure.\19\ The GADS database collects, records,
and retrieves operating information on power plant availability,
including event, performance, and design data.\20\ GADS data are used
to support equipment reliability and availability analyses, as well as
benchmarking studies.\21\
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    \19\ See NERC, Generating Availability Data System Mandatory
Reporting of Conventional Generation Performance Data at 2 (July
2011), available at http://www.nerc.com/pa/RAPA/gads/MandatoryGADS/Revised_Final_Draft_GADSTF_Recommendation_Report.pdf; see also NERC
GADS Home Page, available at http://www.nerc.com/pa/RAPA/gads/Pages/default.aspx.
    \20\ See NERC GADS Home Page.
    \21\ Id.
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    10. Currently, GADS collects outage data pertaining to ten types of
conventional generating units with capacity of 20 MW and larger,
including: (1) Fossil steam including fluidized bed design; (2)
nuclear; (3) gas turbines/jet engines; (4) internal combustion engines
(diesel engines); (5) hydro units/pumped storage; (6) combined cycle
blocks and their related components; (7) cogeneration blocks and their
related components; (8) multi-boiler/multi-turbine units; (9)
geothermal units; and (10) other miscellaneous conventional generating
units (e.g., biomass, landfill gases).\22\ The GADS data collection
template includes the following design, event, and performance
information: (1) Design records, (2) event records and (3) performance
records.\23\ Design records refer to the characteristics of each unit
such as GADS utility code, GADS unit code, NERC Regional Entity where
the unit is located, name of the unit, commercial operating date, and
type of generating unit (fossil, combined cycle, etc.).\24\ Event
records include information about when and to what extent the
generating unit could not generate power.\25\ Performance records refer
to monthly generation, unit-attempted starts, actual starts, summary
event outage information, and fuels.\26\ NERC has developed ``cause
codes'' for the identification of common causes of unit outages based
on the type of generating unit.\27\ For example, the cause codes
section for fossil steam units includes codes for the boiler, steam
turbine, generator, balance of plant, pollution control equipment,
external, regulatory, safety and environmental, personnel errors, and
performance testing.\28\ For 2011-2013,

the GADS database contains data from more than 5,000 units.\29\
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    \22\ Generating Availability Data System Mandatory Reporting of
Conventional Generation Performance Data at 15.
    \23\ Id., Appendix V (Rules of Procedure Section 1600
Justification) at 35.
    \24\ Id.
    \25\ Id.
    \26\ Id.
    \27\ NERC, Generating Availability Data System Data Reporting
Instructions (January1, 2015), Appendix B (Index to System/Component
Cause Codes) at 1, available at http://www.nerc.com/pa/RAPA/gads/DataReportingInstructions/Appendix_B1_Fossil_Steam_Unit_Cause_Codes.pdf.
    \28\ Id.
    \29\ State of Reliability 2015, Appendix B (Analysis of
Generation Data) at 107.
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    11. NERC uses GADS data to measure generation reliability and
publishes aggregate performance metrics for each NERC Region in
publicly available annual state of reliability and reliability
assessment reports.\30\ The underlying data are typically accorded
confidential treatment.
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    \30\ See, e.g., id., Appendix B (Analysis of Generation Data).
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3. Protection System Misoperations Database
    12. Protection system misoperations data have been reported by
transmission owners, generator owners and distribution providers on a
mandatory basis since 2011 pursuant to Reliability Standard PRC-
004.\31\ Following implementation of Reliability Standard PRC-004-4,
the obligation to report misoperation data will be made mandatory
through a data request pursuant to section 1600 of the NERC Rules of
Procedure.\32\
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    \31\ The Commission approved Reliability Standard PRC-004-1
(Analysis and Reporting of Transmission Protection System
Misoperations) in Order No. 693. Mandatory Reliability Standards for
the Bulk-Power System, Order No. 693, FERC Stats. & Regs. ] 31,242,
at PP 1467-1469, order on reh'g, Order No. 693-A, 120 FERC ] 61,053
(2007). The Commission subsequently approved the following revisions
and interpretations to Reliability Standard PRC-004, which was
renamed Analysis and Mitigation of Transmission and Generation
Protection System Misoperations: Reliability Standards PRC-004-1a,
PRC-004-2, PRC-004-2a, PRC-004-2.1a, PRC-004-2.1(i)a, PRC-004-3, and
PRC-004-4. See North American Electric Reliability Corporation, 136
FERC ] 61,208 (2011) (approving interpretation resulting in
Reliability Standard PRC-004-1a and Reliability Standard PRC-004-
2a); North American Electric Reliability Corp., 134 FERC ] 61,015
(2011) (approving Reliability Standard PRC-004-2); Generator
Requirements at the Transmission Interface, Order No. 785, 144 FERC
] 61,221 (2012) (approving Reliability Standard PRC-004-2.1a); North
American Electric Reliability Corp., 151 FERC ] 61,129 (2015)
(approving Reliability Standard PRC-004-3); North American Electric
Reliability Corporation, 151 FERC ] 61,186 (2015) (approving
Reliability Standards PRC-004-2.1(i)a and PRC-004-4).
    \32\ See generally NERC, Request for Data or Information
Protection System Misoperation Data Collection (August 14, 2014),
available at http://www.nerc.com/pa/RAPA/ProctectionSystemMisoperations/PRC-004-3%20Section%201600%20Data%20Request_20140729.pdf. Reliability
Standard PRC-004-4 will become enforceable on July 1, 2016.
---------------------------------------------------------------------------

    13. Currently, the protection system misoperations database
collects more than 20 fields for a reportable misoperation event,
including: (1) Misoperation date; (2) event description; (3) protection
systems/components that misoperated; (4) equipment removed from service
(permanently or temporarily) as the result of the misoperation; (5)
misoperation category; and (6) cause(s) of misoperation.\33\ For 2014,
the protection system misoperations database contains information on
approximately 2,000 misoperation events.\34\
---------------------------------------------------------------------------

    \33\ Id. at 13-14; see also NERC, Protection System
Misoperations Home Page, available at http://www.nerc.com/pa/RAPA/ri/Pages/ProtectionSystemMisoperations.aspx.
    \34\ State of Reliability 2015 at 47.
---------------------------------------------------------------------------

    14. Protection system misoperations have exacerbated the severity
of most cascading power outages, having played a significant role in
the August 14, 2003 Northeast blackout, for example.\35\ NERC uses
protection system misoperations data to assess protection system
performance and trends in protection system performance that may
negatively impact reliability.\36\ NERC publishes aggregate
misoperation information for each NERC Region in annual public state of
reliability reports, with the underlying data typically being accorded
confidential treatment.\37\
---------------------------------------------------------------------------

    \35\ See Request for Data or Information Protection System
Misoperation Data Collection at 5.
    \36\ See id. at 14.
    \37\ See, e.g., State of Reliability 2015 at 45-48.
---------------------------------------------------------------------------

II. Discussion

    15. The Commission proposes to amend the Commission's regulations
to require NERC to provide the Commission, and Commission staff, with
access (i.e., view and download data), on an ongoing and non-public
basis, to the TADS, GADS, and protection system misoperations
databases. As discussed below, the Commission believes that access to
these three NERC databases, which will be limited to data regarding
U.S. facilities, is necessary to carry out the Commission's obligations
under section 215 of the FPA.
    16. Under section 215 of the FPA, the Commission has jurisdiction
over, and is responsible for oversight of, the activities and functions
of the ERO and Regional Entities in the United States.\38\ The
development and maintenance of NERC databases such as TADS, GADS, and
protection system misoperations are section 215 jurisdictional
activities.\39\ As explained in Order No. 672, access to relevant
information, such as the information sought through this proposal,
allows the Commission to fulfill its statutory obligations under
section 215 of the FPA.\40\ The Commission's proposed regulation would
require the three NERC databases (i.e., the TADS, GADS, and protection
system misoperations databases) to be made available to the Commission
on a non-public and ongoing basis. This proposal comports with our
authority because, as discussed below, access to the NERC databases is
necessary to implement section 215. Furthermore, the Commission's
proposal is consistent with section 39.2(d) of the Commission's
regulations because that provision already requires the ERO and
Regional Entities to ``provide the Commission such information as is
necessary to implement section 215 of the Federal Power Act.'' \41\
---------------------------------------------------------------------------

    \38\ 16 U.S.C. 824o(b) (``The Commission shall have
jurisdiction, within the United States, over the ERO certified by
the Commission . . . any regional entities, and all users, owners
and operators of the bulk-power-system . . . for purposes of
approving reliability standards established under this section and
enforcing compliance with this section.'').
    \39\ See North American Electric Reliability Corp., 143 FERC ]
61,052, at P 41 (2013) (addressing statutory funding for NERC's
periodic assessments and monitoring of the Bulk-Power System); see
also North American Electric Reliability Corp., 149 FERC ] 61,028,
at P 14 (2014) (approving FPA section 215 funding for NERC
Reliability Assessment and Performance Analysis program (RAPA) as
part of NERC's 2015 business plan and budget filing); see also NERC,
Petition for Approval of 2015 Business Plan and Budget, Docket No.
RR14-6-000, at 50-51 (filed Aug. 22, 2014) (identifying TADS, GADS
and protection system misoperations as major activities of NERC's
RAPA program).
    \40\ Order No. 672, FERC Stats. & Regs. ] 31,204 at P 114. Cf.
North American Electric Reliability Corp., 120 FERC ] 61,239, at P
12 (2007) (directing NERC to provide the Commission with advance
copies of ``NERC alerts'' on an informational basis to ``allow the
Commission to monitor for potential inconsistencies with the
Reliability Standards and may inform the Commission where
modifications to existing Reliability Standards or new Reliability
Standards may be necessary'').
    \41\ 18 CFR 39.2(d).
---------------------------------------------------------------------------

    17. Access to data collected by NERC in the TADS, GADS, and
protection system misoperations databases regarding U.S. facilities is
necessary to carry out the Commission's statutory authority: (1) To
evaluate the need to direct new or modified Reliability Standards under
section 215(d)(5) of the FPA; and (2) to better understand NERC's
periodic assessments and reports, including those that may be requested
by the Commission, regarding the reliability and adequacy of the Bulk-
Power System under section 215(g) of the FPA.
    18. First, the proposed access would inform the Commission more
quickly, directly and comprehensively about reliability trends or
reliability gaps that might require the Commission to direct the ERO to
develop new or modified Reliability Standards. Pursuant to section
215(d) of the FPA, the Commission has the responsibility of acting on
proposed Reliability Standards developed by the ERO. In addition, as
set forth in section 215(d)(5) of the FPA, the Commission has authority
to direct the ERO ``to submit to the Commission a proposed

reliability standard or modification to a reliability standard that
addresses a specific matter if the Commission considers such a new or
modified reliability standards appropriate to carry out [section
215].'' \42\ Therefore, with respect to the development of new
Reliability Standards or modification of existing Reliability
Standards, section 215(d) of the FPA tasks both the Commission and the
ERO (i.e., NERC) with the responsibility to monitor reliability trends
or reliability gaps that might warrant the development or modification
of a Reliability Standard. As discussed below, the data contained in
the TADS, GADS, and protection systems misoperations databases provide
insights regarding reliability performance that bear on whether
existing Reliability Standards are effective; whether they require
modification; or whether new Reliability Standards should be developed.
However, currently the Commission does not have access to these
databases, which are maintained by NERC to support its Reliability
Standards work pursuant to section 215(d), and we find it appropriate
that the Commission also have access to them to support the
Commission's assessment of the effectiveness of existing Reliability
Standards.
---------------------------------------------------------------------------

    \42\ 16 U.S.C. 824o(d)(5).
---------------------------------------------------------------------------

    19. The TADS, GADS, and protection system misoperations databases
include important information regarding the need for new or modified
Reliability Standards. For example, in describing the importance of
mandatory TADS data collection, NERC stated that:

    Whether a new standard is needed or whether an existing standard
needs to be modified, sound data is needed for this purpose. TADS
data is intended to provide a basis for standards.\43\
---------------------------------------------------------------------------

    \43\ Summary of Phase I TADS Data Collection at 1.

Similarly, in justifying the need for mandatory GADS data reporting,
NERC stated that GADS data ``is used to calculate important performance
statistics and supports bulk power trend analysis by providing
information on forced outages, maintenance outages, planned outages,
and deratings . . . [the] GADS database is vital to support NERC in its
assessment of bulk power system reliability.'' \44\ With respect to
protection system misoperations data, NERC described that data as
``providing several benefits to [bulk electric system] reliability and
support[ing] NERC's mission of ensuring the reliability of the [Bulk-
Power System] in North America.'' \45\ Among other things, NERC stated
that protection system misoperations data is used to ``[i]dentify
trends in Protection System performance that negatively impact
reliability.'' \46\ Accordingly, just as the information in these
databases supports NERC's Reliability Standards work under section
215(d) of the FPA, we find that the Commission's access to these
databases will further our work under section 215(d)(5) of the FPA to
identify reliability issues that might necessitate the development or
modification of Reliability Standards.
---------------------------------------------------------------------------

    \44\ Generating Availability Data System Mandatory Reporting of
Conventional Generation Performance Data at 1.
    \45\ Request for Data or Information Protection System
Misoperation Data Collection at 5.
    \46\ Id. at 4.
---------------------------------------------------------------------------

    20. Second, access to the TADS, GADS, and protection system
misoperations databases will assist the Commission with its
understanding of the reliability and adequacy assessments periodically
submitted by NERC pursuant to section 215(g) of the FPA, as well as
provide the Commission with data that could support requests by the
Commission for additional assessments or reports from NERC under that
section. The periodic reports, such as the annual state of reliability
reports, currently submitted by NERC draw heavily from these databases
and provide an overview of reliability issues and trends identified
through the analysis of those databases. While the aggregated TADS,
GADS, and protection system misoperations data provided in NERC's
periodic reports afford the Commission some insight into the
reliability and adequacy trends identified by NERC, we believe that
having direct access to the underlying data will assist the Commission
in its understanding of the periodic reports, thereby helping the
Commission to monitor causes of outages and detect emerging reliability
issues.
    21. The Commission proposes to locate the proposed requirement
within section 39.11 of the Commission's regulations, which governs the
preparation and submission of reliability reports.\47\ We propose to
add a new paragraph (c) that establishes a formal requirement that the
ERO provide the Commission with access, on a non-public and ongoing
basis, to the ERO's TADS, GADS, and protection system misoperations
databases, or any successor databases thereto.
---------------------------------------------------------------------------

    \47\ 18 CFR 39.11.
---------------------------------------------------------------------------

    22. We also recognize that the Commission's proposal might raise
confidentiality issues regarding certain of the data contained in these
databases. Should the Commission collect an entity's confidential
information, the Commission will take appropriate steps, as provided
for in our governing statutes and regulations,\48\ in handling such
information.
---------------------------------------------------------------------------

    \48\ See, e.g., 5 U.S.C. 552; 18 CFR 388.112, 18 CFR 388.113.
---------------------------------------------------------------------------

    23. The Commission seeks comment from NERC and other interested
entities on this proposal. Comments are due 60 days following
publication of this notice of proposed rulemaking in the Federal
Register.

III. Information Collection Statement

    24. The Paperwork Reduction Act (PRA) \49\ requires each federal
agency to seek and obtain Office of Management and Budget (OMB)
approval before undertaking a collection of information directed to ten
or more persons, or contained in a rule of general applicability. The
OMB regulations require the approval of certain information collection
requirements imposed by agency rules.\50\ Upon approval of a
collection(s) of information, OMB will assign an OMB control number and
an expiration date. Respondents subject to the filing requirements of
an agency rule will not be penalized for failing to respond to these
collections of information unless the collections of information
display a valid OMB control number.
---------------------------------------------------------------------------

    \49\ 44 U.S.C. 3501-3520.
    \50\ See 5 CFR 1320.
---------------------------------------------------------------------------

    25. The Commission is submitting these reporting requirements to
OMB for its review and approval under section 3507(d) of the PRA.
Comments are solicited on the Commission's need for this information,
the estimated burden and cost imposed on the ERO of providing the
Commission with ongoing access to the three databases, whether the
information will have practical utility, ways to enhance the quality,
utility, and clarity of the information to be accessed, and any
suggested methods for minimizing the respondent's burden.
    26. The Commission's proposal would make TADS, GADS, and protection
system misoperations data, currently collected by the ERO, available to
the Commission, and its staff, on a non-public and ongoing basis. The
proposal would not require the ERO to collect new information, compile
information into any kind of report, or reformulate the raw data. The
Commission also anticipates that it could be relatively straight-
forward for the ERO to provide the Commission, and Commission staff,
with access to TADS, GADS and misoperations data. Various entities
currently have access to these data via an existing web interface.
Providing the

Commission, and Commission staff, with access may be as simple as
creating log-on credentials for the Web interface. Accordingly, the
Commission estimates that the one-time burden associated with
compliance with this proposed rule is de minimis and is limited to the
ERO reviewing the Commission's proposed regulation and providing
Commission with access to the existing TADS, GADS, and protection
system misoperations databases.
    27. The requirements for the ERO to provide data to the Commission
are included in the existing FERC-725, Certification of Electric
Reliability Organization; Procedures for Electric Reliability Standards
(OMB Control No. 1902-0225). FERC-725 includes information used by the
Commission to implement the statutory provisions of section 215 of the
FPA. FERC-725 includes the burden, reporting and recordkeeping
requirements associated with: (a) Self Assessment and ERO Application,
(b) Reliability Assessments, (c) Reliability Standards Development, (d)
Reliability Compliance, (e) Stakeholder Survey, and (f) Other
Reporting. This notice of proposed rulemaking will be submitted to OMB
for review under the PRA.
    28. Internal review: The Commission has reviewed the proposed
regulation and has determined that the proposed regulation is necessary
to ensure the reliability and integrity of the Nation's Bulk-Power
System.
    29. Interested persons may obtain information on the reporting
requirements by contacting: Federal Energy Regulatory Commission, 888
First Street NE., Washington, DC 20426 [Attention: Ellen Brown, Office
of the Executive Director, email<EMAIL_ADDRESS>Phone: (202)
502-8663, fax:<PHONE_NUMBER>]. Comments on the requirements of this
rule may also be sent to the Office of Information and Regulatory
Affairs, Office of Management and Budget, Washington, DC 20503
[Attention: Desk Officer for the Federal Energy Regulatory Commission].
For security reasons, comments should be sent by email to OMB at
<EMAIL_ADDRESS>Please reference OMB Control No. 1902-0225
and FERC-725 in your submission.

IV. Environmental Analysis

    30. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\51\ The
Commission has categorically excluded certain actions from this
requirement as not having a significant effect on the human
environment. Included in the exclusion are rules that are clarifying,
corrective, or procedural or that do not substantially change the
effect of the regulations being amended.\52\ The actions here fall
within this categorical exclusion in the Commission's regulations.
---------------------------------------------------------------------------

    \51\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
    \52\ 18 CFR 380.4(a)(2)(ii).
---------------------------------------------------------------------------

V. Regulatory Flexibility Act

    31. The Regulatory Flexibility Act of 1980 (RFA) \53\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
The Small Business Administration (SBA) revised its size standard
(effective January 22, 2014) for electric utilities from a standard
based on megawatt hours to a standard based on the number of employees,
including affiliates.\54\
---------------------------------------------------------------------------

    \53\ 5 U.S.C. 601-612.
    \54\ SBA Final Rule on ``Small Business Size Standards:
Utilities,'' 78 FR 77,343 (Dec. 23, 2013).
---------------------------------------------------------------------------

    32. The Commission proposes to amend the Commission's regulations
to require only the ERO (i.e., NERC) to provide the Commission, and
Commission staff, with access, on a non-public and ongoing basis, to
the existing TADS, GADS, and protections system misoperations
databases. As discussed above, we estimate that the costs to the ERO
associated with the Commission's proposal will be de minimis.
Accordingly, the Commission certifies that this proposal will not have
a significant economic impact on a substantial number of small
entities.

VI. Comment Procedures

    33. The Commission invites interested persons to submit comments on
the matters and issues proposed in this document to be adopted,
including any related matters or alternative proposals that commenters
may wish to discuss. Comments are due November 30, 2015. Comments must
refer to Docket No. RM15-25-000, and must include the commenter's name,
the organization they represent, if applicable, and their address in
their comments.
    34. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's Web site at http://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
    35. Commenters that are not able to file comments electronically
must send an original of their comments to: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    36. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.

VII. Document Availability

    37. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page (http://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A,
Washington, DC 20426.
    38. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
    39. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from the Commission's Online
Support at<PHONE_NUMBER> (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
List of subjects in 18 CFR Part 39

    Electric power, and reporting and recordkeeping requirements.

    By direction of the Commission. Commissioner LaFleur is
concurring with a separate statement attached.
    Dated: September 17, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

    In consideration of the foregoing, the Commission proposes to amend
Chapter I, Title 18, Part 39 of the Code of Federal Regulations, as
follows:

PART 39--RULES CONCERNING CERTIFICATION OF THE ELECTRIC RELIABILITY
ORGANIZATION; AND PROCEDURES FOR THE ESTABLISHMENT, APPROVAL, AND
ENFORCEMENT OF ELECTRIC RELIABILITY STANDARDS

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 16 U.S.C. 824o.

0
2. Amend Sec.  39.11 by adding paragraph (c) as follows:

Sec.  39.11  Reliability reports.

* * * * *
    (c) The Electric Reliability Organization shall make available to
the Commission, on a non-public and ongoing basis, access to the
Transmission Availability Data System, Generating Availability Data
System, and protection system misoperations databases, or any successor
databases thereto.

    Note: The following text will not appear in the Code of Federal
Regulations.

Availability of Certain North American Electric Reliability Corporation
Databases to the Commission

(Issued September 17, 2015)
    LaFLEUR, Commissioner, concurring: Today's order proposes to revise
the Commission's regulations to provide the Commission and its staff
with access, on a non-public and ongoing basis, to three databases
maintained by the North American Electric Reliability Corporation
(NERC): (1) The Transmission Availability Data System (TADS), (2) the
Generating Availability Data System (GADS), and (3) the protection
system misoperations database. As explained in the order, the
Commission concludes that access to these databases would support its
work under section 215(d)(5) of the Federal Power Act (FPA) to monitor
reliability trends and issues that may warrant the development of new
or modified reliability standards.
    On rare occasions, the Commission has exercised its authority to
direct NERC to develop new standards to address reliability risks not
covered in existing standards, such as geomagnetic disturbances and
physical security. While I do not expect the Commission to frequently
invoke that authority going forward, I agree that the information in
these databases would assist the Commission with its responsibilities
under section 215(d)(5), as well as its understanding of NERC's
assessments under section 215(g). Access to these databases could
therefore support the Commission's oversight of several steps of the
reliability cycle, including event analysis, establishment of metrics,
setting reliability priorities, and improving the standards development
and review process.
    I recognize, however, that under section 215 of the FPA, NERC and
the Commission have a unique relationship, since Congress vested a
significant amount of authority over the standards process in the
Electric Reliability Organization (i.e., NERC) and clearly prescribed
the Commission's oversight role. It is important that we recognize the
distinction between that oversight role and NERC's primary
responsibility to monitor reliability issues and propose standards to
address them. Ultimately, I believe our efforts to sustain and improve
the reliability of the bulk electric system are furthered by mutual
trust and shared priorities between the Commission and NERC.
    I understand that today's proposal might be controversial within
the NERC community. I therefore welcome comment on the proposal,
including any potential issues or concerns not identified in the NOPR,
to provide a full record for the Commission to consider in deciding
whether to proceed to a final rule.
    Accordingly, I respectfully concur.

Cheryl A. LaFleur

Commissioner

[FR Doc. 2015-24282 Filed 9-28-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 6 (Thursday, January 9, 2020)]
[Notices]
[Page 1193]
[FR Doc No: 2020-00125]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2008-0045]

Petition for Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
provides the public notice that on October 11, 2019, the Long Island
Rail Road (LIRR) petitioned the Federal Railroad Administration (FRA)
for a waiver of compliance from certain provisions of the Federal
railroad safety regulations contained at 49 CFR part 222, Use of
Locomotive Horns at Public Highway-Rail Grade Crossings. FRA assigned
the petition Docket Number FRA-2008-0045.
    LIRR requested to extend its waiver of the requirement in Sec.
222.21(a), which requires that a railroad sound its locomotive horn in
a specific manner (two long, one short, and one long blast) as it
approaches and enters public highway-rail grade crossings.
Specifically, LIRR requested that FRA continue to allow it to sound one
short blast when departing from 22 train stations identified in LIRR's
initial February 6, 2008 waiver request (FRA-2008-0045-0001). The
original waiver granted by FRA included 23 stations; however, one of
those stations (Little Neck) has since been included in a designated
quiet zone, and therefore is not part of this extension request. All of
these 22 stations are located in close proximity to public highway-rail
grade crossings.
    LIRR noted in its initial request, as well as in its first
extension request on October 16, 2013, that the waiver was in the
public interest and was consistent with railroad safety. As there have
been no materially changed circumstances since the waiver commenced,
LIRR now requests that the waiver be extended.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey Ave.
SE, W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by February 24, 2020 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable. Anyone can search the electronic
form of any written communications and comments received into any of
our dockets by the name of the individual submitting the comment (or
signing the document, if submitted on behalf of an association,
business, labor union, etc.). Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its 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 https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-00125 Filed 1-8-20; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 82, Number 16 (Thursday, January 26, 2017)]
[Notices]
[Page 8516]
[FR Doc No: 2017-01784]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP17-302-000]

Wyoming Interstate Company, L.L.C.; Notice of Initiation of
Section 5 Proceeding

    On January 19, 2017, the Commission issued an order in Docket No.
RP17-302-000, pursuant to section 5 of the Natural Gas Act, 15 U.S.C.
717d (2012), instituting an investigation into the justness and
reasonableness of Wyoming Interstate Company, L.L.C.'s (WIC) currently
effective tariff rates. The Commission's order directs WIC to file a
full cost and revenue study within 75 days of the issuance of the
order. Wyoming Interstate Company, L.L.C., 158 FERC ] 61,040 (2017).
    Any interested person desiring to be heard in Docket No. RP17-302-
000 must file a notice of intervention or motion to intervene, as
appropriate, with the Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426, in accordance with Rule 214 of the
Commission's Rules of Practice and Procedure, 18 CFR 385.214, within 30
days of the date of issuance of the order.

    Dated: January 19, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-01784 Filed 1-25-17; 8:45 am]
 BILLING CODE 6717-01-P