[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Notices]
[Pages 8278-8279]
[FR Doc No: 2023-02643]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14787-004]

Black Canyon Hydro, LLC; Notice of Application Tendered for
Filing With the Commission, Requesting Cooperating Agencies, and
Soliciting Additional Study Requests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Filing: Original major license.
    b. Project No.: 14787-004.
    c. Date Filed: January 18, 2023.
    d. Submitted By: rPlus Hydro, LLLP, on behalf of Black Canyon
Hydro, LLC (Black Canyon Hydro).
    e. Name of Project: Seminoe Pumped Storage Project.
    f. Location: The project would be located at the Bureau of
Reclamation's Seminoe Reservoir on the North Platte River in Carbon
County, Wyoming, approximately 35 miles northeast of Rawlings, Wyoming.
The project would occupy 820.62 acres of land managed by the Bureau of
Land Management and 52.89 acres managed by the Bureau of Reclamation.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C.791(a)-825(r).
    h. Applicant Contact: Lars Dorr, Program Manager for rPlus Hydro,
LLLP, Address: Black Canyon Hydro, LLC c/o rPlus Hydro, LLLP, 201 S
Main St., Suite 2100, Salt Lake City, Utah 84111. Phone: (801) 456-
1575;<PHONE_NUMBER>.
    i. FERC Contact: Michael Tust at<PHONE_NUMBER>; or email at
[email protected].
    j. Determination under the Fixing America's Surface Transportation
Act (FAST-41): On January 19, 2023, the project sponsor submitted a
FAST-41 Initiation Notice to the Federal Permitting Improvement
Steering Council for the proposed project. On February 2, 2023,
Commission staff determined that the proposed project qualifies as a
covered project under FAST-41, as is defined in 42 U.S.C. 4370m(6).
    k. Cooperating agencies: Under 42 U.S.C. 4370m-2(a)(2)(A), as the
lead agency, the Commission is required to: (1) identify all federal
and non-federal agencies and governmental entities likely to have
financing, environmental review, authorization, or other
responsibilities with respect to the project; and (2) invite all
federal agencies under (1) to become a cooperating or participating
agency, as appropriate. Commission staff have identified the Bureau of
Reclamation, Bureau of Land Management, U.S. Fish and Wildlife Service,
U.S. Army Corps of Engineers, Western Area Power Administration,
Wyoming Department of Environmental Quality, Wyoming Game & Fish
Department, and Wyoming State Historic Preservation Office as the
relevant agencies under (1) above. With this notice, we invite the
Bureau of Reclamation, Bureau of Land Management, U.S. Fish and
Wildlife Service, U.S. Army Corps of Engineers, and Western Area Power
Administration to be cooperating agencies under (2) above. Under 42
U.S.C. 4370m-2(a)(3)(A), each invited federal agency above will be
designated as a cooperating agency unless the agency responds in
writing to the Commission and the Executive Director of the Federal
Permitting Improvement Steering Council within 14 days of this notice
stating that the agency: (1) has no jurisdiction or authority with
respect to the proposed project; or (2) does not intend to exercise
authority related to, or submit comments on, the proposed project.
    The federal agencies invited to cooperate above and any other
federal, state, local, and tribal agencies with jurisdiction and/or
special expertise with respect to environmental issues that wish to
cooperate in the preparation of the environmental document should
follow the filing instructions described in item m below. Cooperating
agencies should note the Commission's policy that agencies that
cooperate in the preparation of the environmental document cannot also
intervene. See 94 FERC ] 61,076 (2001).
    l. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Native-American Tribe, or person
believes that an additional scientific study should be conducted in
order to form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Native-American Tribe,
or person must file a request for a study with the Commission not later
than 60 days from the date of filing of the application, and serve a
copy of the request on the applicant.
    m. Deadline under 42 U.S.C. 4370m-2(a)(2)(B) for responses from the
specific federal agencies invited to cooperate in item k: February 16,
2023.
    Deadline for filing additional study requests and deadline for
agencies, other than the specific federal agencies invited to cooperate
in item k, to file requests for cooperating agency status: March 19,
2023.
    The Commission strongly encourages electronic filing. Please file
additional study requests and requests for cooperating agency status
using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. 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. All filings must clearly identify the project name and
docket number on the first page: Seminoe Pumped Storage Project (P-
14787-004).
    n. The application is not ready for environmental analysis at this
time.
    o. The proposed pumped storage project would use the Bureau of
Reclamation's Seminoe Reservoir as its lower reservoir and the
following existing facilities: an approximately 3.35-mile-long
maintenance road for accessing the upper reservoir site and an
approximately 0.5-mile-long maintenance road adjacent to the eastern
shoreline of Seminoe Reservoir that would be used for accessing
facilities connected to Seminoe Reservoir. Both of these roads are

currently used to maintain Western Area Power Administration
transmission lines and would be modified to accommodate larger
construction vehicles. The project would also involve constructing the
following new facilities: (1) a 8,498-foot-long roller-compacted
concrete water-retaining structure that would create a 114-acre upper
reservoir which would be lined to reduce leakage and would be
surrounded by a 10-foot-high chain and rail security fence; (2) a 200-
foot-long concrete ogee emergency spillway incorporated into the upper
reservoir capable of directing emergency spill flows down a stepped
spillway into a stilling basin and then down a natural gulley and into
the Bureau of Reclamation's Kortes Reservoir; (3) a water conveyance
tunnel system connecting the new upper reservoir with Seminoe Reservoir
that consists of the following structures: (a) a 2,756-foot-long D-
shaped concrete-lined belowground headrace tunnel; (b) a 615-foot-long
steel aboveground conduit section across a gully that is supported by
concrete piers; (c) a 30-foot-diameter, 1,225-foot-long concrete-lined
belowground vertical shaft; (d) a 30-foot-diameter, 123-foot-long
concrete-lined belowground high pressure tunnel connected to a manifold
and three separate 17-foot-diameter concrete and steel-lined
belowground penstocks with lengths of 330 feet, 247 feet, and 165 feet;
(e) three concrete and steel-lined 17.5-foot-diameter belowground draft
tube extensions with lengths of 140 feet, 103 feet, and 85 feet
connected to a manifold; (f) a 36-foot-diameter, 232-foot-long
belowground surge chamber; and (g) a 31-foot-diameter, 4,070-foot-long
belowground tailrace tunnel; (4) a 460-foot-long, 80-foot-wide, 142-
foot-high belowground powerhouse containing three 324-megawatt Francis
pump-turbines and three generator-motors; (5) three busbar galleries
approximately 170-feet-long leading to a 413-foot-long, 71-foot-wide,
113-foot-high belowground transformer cavern containing three-phase
step-up transformers and a switchgear switchyard; (6) two 500-kilovolt
circuits connecting from the switchgear through a 765-foot-long
belowground tunnel to a vertical cable shaft that emerges aboveground;
(7) two separate 30-mile-long, 500-kilovolt overhead transmission lines
that connect to the grid at the existing Aeolus substation; (8) a new
40-foot-wide bridge crossing over the Seminoe Dam tailrace on the North
Platte River that connects Morgan Creek Road on the left side of the
river to a main access tunnel portal on the right side of the river to
provide access to the powerhouse; (9) two other secondary tunnels for
accessing the lower reservoir intake and surge shaft; and (10)
appurtenant facilities. Additionally, two existing Western Area Power
Administration transmission lines that currently cross the new upper
reservoir site would be relocated.
    The water used to initially fill the new upper reservoir and
provide make-up water would come from Seminoe Reservoir. The initial
volume of water necessary to fill the upper reservoir is estimated to
be 13,300 acre-feet and would be filled over a two- to four-week
period. It is estimated that the project would need approximately 272
acre-feet of water each year to replenish water lost through
evaporation and seepage. Once the upper reservoir is filled,
approximately 10,800 acre-feet could be cycled between the upper
reservoir and Seminoe Reservoir each day. The project is designed to
generate electricity on demand for up to 9.7 hours each day at the
maximum generating capacity. The estimated annual generation is 2,916
gigawatt-hours per year.
    p. 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 via the internet through
the Commission's Home Page (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. For assistance, contact
FERC at [email protected] or call toll-free,<PHONE_NUMBER> or
TYY,<PHONE_NUMBER>.
    You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    q. Procedural schedule: Consistent with the requirements in FAST-
41, a procedural schedule for processing the license application will
be developed in consultation with the relevant agencies and
subsequently posted to the docket.
    r. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis

    Dated: February 2, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-02643 Filed 2-7-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 245 (Wednesday, December 21, 2011)]
[Rules and Regulations]
[Pages 79090-79093]
[FR Doc No: 2011-32596]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1234]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Deputy Federal
Insurance and Mitigation Administrator reconsider the changes. The
modified BFEs may be changed during the 90-day period.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required either to adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own or pursuant to policies established by other
Federal, State, or regional entities. The changes in BFEs are in
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.

    Executive Order 13132, Federalism. This interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

    Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive, officer  Effective date of  modification   Community,
                                                           notice was published         of community                                             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona: Maricopa.................  City of Chandler (11-  September 1, 2011;    The Honorable Jay          September 18, 2011.............       040040
                                     09-2364P).             September 8, 2011;    Tibshraeny, Mayor, City
                                                            The Arizona           of Chandler, 175 South
                                                            Republic.             Arizona Avenue, 5th
                                                                                Floor, Chandler, AZ
                                                                                85225.
Kansas:
    Johnson.......................  City of Roeland Park   October 4, 2011;      The Honorable Adrienne     February 8, 2012...............       200176
                                     (11-07-1190P).         October 11, 2011;     Foster, Mayor, City of
                                                            The Legal Record.     Roeland Park, City Hall,
                                                                                4600 West 51st Street,
                                                                                Roeland Park, KS 66205.
    Johnson.......................  City of Fairway (11-   October 4, 2011;      The Honorable Jerry        February 8, 2012...............       205185
                                     07-1190P).             October 11, 2011;     Wiley, Mayor, City of
                                                            The Legal Record.     Fairway, 4210 Shawnee
                                                                                Mission Parkway, Suite
                                                                                100, Fairway, KS 66205.
    Johnson.......................  City of Mission (11-   October 4, 2011;      The Honorable Laura        February 8, 2012...............       200170
                                     07-1190P).             October 11, 2011;     McConwell, Mayor, City
                                                            The Legal Record.     of Mission, City Hall,
                                                                                6090 Woodson Road,
                                                                                Mission, KS 66202.
Idaho: Bonneville.................  Unincorporated areas   August 30, 2011;      Mr. Roger Christensen,     August 17, 2011................       160027
                                     of Bonneville County   September 6, 2011;    Bonneville County
                                     (11-10-1238P).         The Post Register.    Commissioner, 605 North
                                                                                Capital Avenue, Idaho
                                                                                Falls, ID 83402.
Indiana:
    Marion........................  City of Beech Grove    October 6, 2011;      The Honorable Terry Dilk,  February 10, 2012..............       180158
                                     (11-05-6197P).         October 13, 2011;     Mayor, City of Beech
                                                            The Indianapolis      Grove, 806 Main Street,
                                                            Star.                 Beech Grove, IN 46107.
    Lake..........................  City of Hammond (11-   September 9, 2011;    The Honorable Thomas M.    August 26, 2011................       180134
                                     05-0942P).             September 16, 2011;   McDermott, Jr., Mayor,
                                                            The Northwest         City of Hammond, 5925
                                                            Indiana Times.        Calumet Avenue, Hammond,
                                                                                IN 46320.
    Lake..........................  Town of Highland (11-  September 9, 2011;    Mr. Brian Novak,           August 26, 2011................       185176
                                     05-0942P).             September 16, 2011;   President, Town of
                                                            The Northwest         Highland, 3333 Ridge
                                                            Indiana Times.        Road, Highland, IN 46322.
    Lake..........................  Town of Munster (11-   September 9, 2011;    Mr. Thomas DeGiulio, Town  August 26, 2011................       180139
                                     05-0942P).             September 16, 2011;   of Munster Manager, 1005
                                                            The Northwest         Ridge Road, Munster, IN
                                                            Indiana Times.        46321.
Massachusetts: Plymouth...........  Town of Hingham (11-   September 22, 2011;   Mr. John A. Riley, Town    September 7, 2011..............       250268
                                     01-0786P).             September 29, 2011;   of Hingham Board of
                                                            The Hingham Journal.  Selectmen, Town Hall,
                                                                                210 Central Street,
                                                                                Hingham, MA 02043.
Maine:
    Cumberland....................  City of Portland (11-  October 11, 2011;     The Honorable Nicholas     September 27, 2011.............       230051
                                     01-1058P).             October 18, 2011;     Mavodones, Jr., Mayor,
                                                            The Portland Press    City of Portland, 389
                                                            Herald.               Congress Street,
                                                                                Portland, ME 04101.
    York..........................  Town of Kittery (10-   September 27, 2011;   Mr. Jonathan Carter, Town  December 26, 2011..............       230171
                                     01-2103P).             October 4, 2011;      of Kittery Manager, 200
                                                            The Portsmouth        Rogers Road Extension,
                                                            Herald.               Kittery, ME 03904.
New Mexico: Bernalillo............  City of Albuquerque    October 4, 2011;      The Honorable Richard J.   September 27, 2011.............       350002
                                     (11-06-0465P).         October 11, 2011;     Berry, Mayor, City of
                                                            The Albuquerque       Albuquerque, 1 Civic
                                                            Journal.              Place, Albuquerque, NM
                                                                                87102.
Ohio:
    Franklin......................  Unincorporated areas   September 7, 2011;    The Honorable Marilyn      January 12, 2012...............       390167
                                     of Franklin County     September 14, 2011;   Brown, President,
                                     (11-05-2052P).         The Daily Reporter.   Franklin County Board of
                                                                                Commissioners, 373 South
                                                                                High Street, 26th Floor,
                                                                                Columbus, OH 43215.
3Franklin.........................  City of Grove City     September 7, 2011;    The Honorable Richard L.   January 12, 2012...............       390173
                                     (11-05-2052P).         September 14, 2011;   Stage, Mayor, City of
                                                            The Daily Reporter.   Grove City, 4035
                                                                                Broadway, Grove City, OH
                                                                                43123.
    Trumbull......................  Unincorporated areas   August 11, 2011;      The Honorable Daniel E.    July 29, 2011..................       390535
                                     of Trumbull County     August 18, 2011;      Polivka, President,
                                     (11-05-6118P).         The Tribune           Trumbull County
                                                            Chronicle.            Commissioners, 160 High
                                                                                Street Northwest,
                                                                                Warren, OH 44481.
    Trumbull......................  Village of Lordstown   August 11, 2011;      The Honorable Michael      July 29, 2011..................       390812
                                     (11-05-6118P).         August 18, 2011;      Chaffee, Mayor, Village
                                                            The Tribune           of Lordstown, 1455 Salt
                                                            Chronicle.            Springs Road, Lordstown,
                                                                                OH 44481.
Pennsylvania:
    Adams.........................  Township of Franklin   July 19, 2011; July   The Honorable Daniel       November 23, 2011..............       421250
                                     (11-03-0400P).         26, 2011; The         Fetter, Chairman,
                                                            Gettysburg Times.     Township of Franklin
                                                                                Board of Supervisors, 55
                                                                                Scott School Road,
                                                                                Cashtown, PA 17310.
    Chester.......................  Town of Caln (11-03-   August 26, 2011;      The Honorable William      January 3, 2012................       422247
                                     0270P).                September 2, 2011;    Chambers, President,
                                                            The Daily Local       Township of Caln, 253
                                                            News.                 Municipal Drive,
                                                                                Thorndale, PA 19372.

    Delaware......................  Township of Haverford  August 3, 2011;       The Honorable William F.   December 8, 2011...............       420417
                                     (11-03-1170P).         August 10, 2011;      Wechsler, President,
                                                            The Daily Times.      Township of Haverford
                                                                                Board of Commissioners,
                                                                                2325 Darby Road,
                                                                                Havertown, PA 19083.
    Montgomery....................  Township of Lower      September 15, 2011;   The Honorable Elizabeth    December 30, 2010..............       420701
                                     Merion (10-03-0696P).  September 22, 2011;   S. Rogan, President,
                                                            The Main Line Times.  Township of Lower Merion
                                                                                Board of Commissioners,
                                                                                75 East Lancaster
                                                                                Avenue, Ardmore, PA
                                                                                19003.
Puerto Rico: Puerto Rico..........  Commonwealth of        August 9, 2011;       The Honorable Luis G.      August 2, 2011.................       720000
                                     Puerto Rico (10-02-    August 16, 2011; El   Fortu[ntilde]o,
                                     1774P).                Nuevo Dia.            Governor, Commonwealth
                                                                                of Puerto Rico, Calle
                                                                                Fortaleza 63,
                                                                                San Juan, PR 00901.
Texas:
    Bell..........................  City of Temple (10-06- September 27, 2011;   The Honorable William A.   February 1, 2012...............       480034
                                     3631P).                October 4, 2011;      Jones, III, Mayor, City
                                                            The Temple Daily      of Temple, 2 North Main
                                                            Telegram.             Street, Temple, TX 76501.
    Bexar.........................  City of San Antonio    September 27, 2011;   The Honorable              September 20, 2011.............       480045
                                     (11-06-1217P).         October 4, 2011;      Juli[aacute]n Castro,
                                                            The San Antonio       Mayor, City of San
                                                            Express-News.         Antonio, 100 Military
                                                                                Plaza, San Antonio, TX
                                                                                78205.
    Bexar.........................  City of San Antonio    October 6, 2011;      The Honorable              February 10, 2012..............       480045
                                     (11-06-1853P).         October 13, 2011;     Juli[aacute]n Castro,
                                                            The San Antonio       Mayor, City of San
                                                            Express-News.         Antonio, 100 Military
                                                                                Plaza, San Antonio, TX
                                                                                78205.
    Collin........................  City of McKinney (11-  October 5, 2011;      The Honorable Brian        February 9, 2012...............       480135
                                     06-0938P).             October 12, 2011;     Loughmiller, Mayor, City
                                                            The McKinney          of McKinney, 222 North
                                                            Courier-Gazette.      Tennessee Street,
                                                                                McKinney, TX 75069.
    Collin........................  City of Richardson     October 4, 2011;      The Honorable Bob          February 8, 2012...............       480184
                                     (11-06-2276P).         October 11, 2011;     Townsend, Mayor, City of
                                                            The Dallas Morning    Richardson, 411 West
                                                            News.                 Arapaho Road,
                                                                                Richardson, TX 75080.
    Johnson and Tarrant...........  City of Burleson (11-  October 12, 2011;     The Honorable Ken          February 16, 2012..............       485459
                                     06-2791P).             October 19, 2011;     Shetter, Mayor, City of
                                                            The Burleson Star.    Burleson, 141 West
                                                                                Renfro Street, Burleson,
                                                                                TX 76028.
    Medina........................  City of Castroville    October 6, 2011;      The Honorable Robert Lee,  October 28, 2011...............       480932
                                     (11-06-0606P).         October 13, 2011;     Mayor, City of
                                                            The Castroville       Castroville, 1209
                                                            News Bulletin.        Fiorella Street,
                                                                                Castroville, TX 78009.
    Montgomery....................  City of Montgomery     October 4, 2011;      The Honorable John Fox,    October 27, 2011...............       481483
                                     (10-06-1397P).         October 11, 2011;     Mayor, City of
                                                            The Conroe Courier.   Montgomery, 101 Old
                                                                                Plantersville Road,
                                                                                Montgomery, TX 77356.
    Tarrant.......................  City of Arlington (10- September 2, 2011;    The Honorable Dr. Robert   January 9, 2012................       485454
                                     06-3532P).             September 9, 2011;    N. Cluck, Mayor, City of
                                                            The Fort Worth Star-  Arlington, 101 West
                                                            Telegram.             Abram Street, Arlington,
                                                                                TX 76010.
    Tarrant.......................  City of Arlington (10- September 15, 2011;   The Honorable Dr. Robert   January 20, 2012...............       485454
                                     06-3286P).             September 22, 2011;   N. Cluck, Mayor, City of
                                                            The Fort Worth Star-  Arlington, 101 West
                                                            Telegram.             Abram Street, Arlington,
                                                                                TX 76010.
    Tarrant.......................  City of                September 2, 2011;    The Honorable Michael R.   January 9, 2012................       481013
                                     Dalworthington         September 9, 2011;    Tedder, Mayor, City of
                                     Gardens (10-06-        The Fort Worth Star-  Dalworthington Gardens,
                                     3532P).                Telegram.             2600 Roosevelt Drive,
                                                                                Dalworthington Gardens,
                                                                                TX 76016.
    Tarrant.......................  City of Fort Worth     October 12, 2011;     The Honorable Betsy        February 16, 2012..............       480596
                                     (11-06-2791P).         October 19, 2011;     Price, Mayor, City of
                                                            The Fort Worth Star-  Fort Worth, 1000
                                                            Telegram.             Throckmorton Street,
                                                                                Fort Worth, TX 76102.
    Tarrant.......................  City of White          September 28, 2011;   The Honorable Jerry R.     September 21, 2011.............       480617
                                     Settlement (11-06-     October 5, 2011;      Burns, Mayor, City of
                                     1375P).                The Grizzly Detail    White Settlement, 214
                                                            Newspaper.            Meadow Park Drive, White
                                                                                Settlement, TX 76108.
Virginia:
    Fauquier......................  Unincorporated areas   July 27, 2011;        The Honorable Raymond E.   December 1, 2011...............       510055
                                     of Fauquier County     August 3, 2011; The   Graham, Chairman,
                                     (11-03-0275P).         Fauquier Times-       Fauquier County Board of
                                                            Democrat.             Supervisors, 10 Hotel
                                                                                Street, Suite 208,
                                                                                Warrenton, VA 20186.
    Loudoun.......................  Unincorporated areas   October 27, 2010;     The Honorable Scott K.     October 19, 2010...............       510090
                                     of Loudoun County      November 3, 2010;     York, Chairman at Large,
                                     (10-03-0387P).         The Loudoun Times-    Loudoun County Board of
                                                            Mirror.               Supervisors, 1 Harrison
                                                                                Street Southeast, 5th
                                                                                Floor, Leesburg, VA
                                                                                20177.
    Prince William................  Unincorporated areas   September 14, 2011;   The Honorable Corey A.     January 19, 2012...............       510119
                                     of Prince William      September 21, 2011;   Stewart, Chairman at
                                     County (11-03-0494P).  The News &            Large, Prince William
                                                            Messenger.            County Board of
                                                                                Supervisors, 1 County
                                                                                Complex Court, Prince
                                                                                William, VA 22192.
Wisconsin: Brown..................  Unincorporated areas   September 15, 2011;   The Honorable Guy Zima,    January 20, 2012...............       550020
                                     of Brown County (11-   September 22, 2011;   Chairman, Brown County
                                     05-2704P).             The Greenbay Press-   Board, 305 East Walnut
                                                            Gazette.              Street, Green Bay, WI
                                                                                54301.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: December 5, 2011.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2011-32596 Filed 12-20-11; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Notices]
[Pages 60084-60085]
[FR Doc No: 2021-23601]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0013]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of denials.

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

SUMMARY: FMCSA announces its decision to deny applications from 42
individuals who requested an exemption from the vision standard in the
Federal Motor Carrier Safety Regulations (FMCSRs) to operate a CMV in
interstate commerce.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through
Friday, except Federal holidays. If you have questions regarding
viewing materials in the docket, contact Dockets Operations, (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2021-0013, in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Dockets Operations.

B. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. 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

    FMCSA received applications from 42 individuals who requested an
exemption from the vision standard in the FMCSRs.
    FMCSA has evaluated the eligibility of these applicants and
concluded that granting these exemptions would not provide a level of
safety that would be equivalent to, or greater than, the level of
safety that would be obtained by complying with Sec.  391.41(b)(10).

III. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-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. FMCSA grants exemptions from the FMCSRs for a 2-year period
to align with the maximum duration of a driver's medical certification.
    The Agency's decision regarding these exemption applications is
based on medical reports about the applicants' vision, as well as their
driving records and experience driving with the vision deficiency.

IV. Conclusion

    The Agency has determined that these applicants do not satisfy the
eligibility criteria or meet the terms and conditions of the Federal
exemption and granting these exemptions would not provide a level of
safety that would be equivalent to, or greater than, the level of
safety that would be obtained by complying with Sec.  391.41(b)(10).
Therefore, the 42 applicants in this notice have been denied exemptions
from the physical qualification standards in Sec.  391.41(b)(10).
    Each applicant has, prior to this notice, received a letter of
final disposition regarding his/her exemption request. Those decision
letters fully outlined the basis for the denial and constitute final
action by the Agency. This notice summarizes the Agency's recent
denials as required under 49 U.S.C. 31315(b)(4) by periodically
publishing names and reasons for denial.
    The following applicant, Ryan K. Terrill (VT), did not have
sufficient driving experience over the past 3 years under normal
highway operating conditions due to limited hours of driving.
    The following 26 applicants had no experience operating a CMV:

Wolfgang Albarran (NM)
Richard Athey (IL)
Noah R. Barnes (OH)
Maxwell J. Boeckel (ND)
Jesus A. Borrego (NM)
Chase D. Carey (WI)
Jackie W. Cline (AL)
Ivan Delgado (FL)
Daniel C. Elliott (SD)
Timothy W. Garrett (OK)
Isaiah D. Guardado (CA)
Joshua M. Helgerman (PA)
Kyle R. Henderson (NJ)
Edmond S. Kerol (GA)
Mubeen A. Kidwai (IL)

Mussie D. Mekonen (MD)
Teresa Miller (AR)
Mike D. Newman (WA)
Nichole Otterson (OH)
Carlos A. Reyes (NJ)
Derrick Robinson (AL)
Sterling W. Saunders (IN)
Chandler W. Smith (OK)
Brian S. Sturtz (IA)
Jasily Valdez (NJ)
Gregory A. Viverette (IL)

    The following eight applicants did not have 3 years of experience
driving a CMV on public highways with their vision deficiencies:

John D. Bequette (ID)
John D. Hicks (NM)
James M. Miller (SC)
Miguel A. Salvatierra (CO)
Howard B. Seal (WV)
Robert E. Smith (VA)
Douglas R. Washabaugh (PA)
Glen S. Zimmerman (PA)

    The following applicant, David C. Benson (MO), did not have 3 years
of recent experience driving a CMV on public highways with his vision
deficiency.
    The following applicant, Eugene F. Napieralski (MN), did not have
sufficient driving experience over the past 3 years under normal
highway operating conditions due to gaps in his driving record.
    The following two applicants were denied for multiple reasons:

Devin L. Boyett (AL); and Ezra C. Childress (OR)

    The following applicant, Daniel L. Foth (WI), has not had stable
vision for the preceding 3-year period.
    The following two applicants drove interstate while restricted to
intrastate driving:

Natalie M. Babcock (WA); and Russell E. Burden (WY)

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-23601 Filed 10-28-21; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Proposed Rules]
[Pages 20588-20590]
[FR Doc No: 2011-8785]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Chapter I

[Docket No. FDA-2011-N-0251]

FDA Food Safety Modernization Act: Focus on Preventive Controls
for Facilities; Public Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting; request for comment.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing a public
meeting entitled ``FDA Food Safety Modernization Act: Focus on
Preventive Controls for Facilities.'' The purpose of the public meeting
is to provide interested persons an opportunity to discuss
implementation of the preventive controls for facilities provisions of
the recently enacted FDA Food Safety Modernization Act (FSMA). FDA is
seeking information on preventive controls used by facilities to
identify and address hazards associated with specific types of food and
specific processes. The public will have an opportunity to provide
information and share views that will inform the development of
guidance and regulations on preventive controls for food facilities
that manufacture, process, pack or hold human food or animal food and
feed (including pet food).

DATES: See ``How to Participate in the Meeting'' in the SUPPLEMENTARY
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Patricia M. Kuntze, Office of External
Affairs, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
32, rm. 5322, Silver Spring, MD 20993,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FSMA (Pub. L. 111-353) amends the Federal Food, Drug, and Cosmetic
Act (the FD&C Act) to establish the foundation for a modernized,
prevention-based food safety system and gives FDA for the first time a
legislative mandate to require comprehensive, science-based preventive
controls across the food supply.
    In particular, section 103 of FSMA requires the owner, operator, or
agent in charge of a facility that is required to register under
section 415 of the FD&C Act (21 U.S.C. 350d) to take certain preventive
actions, including to evaluate the hazards that could affect food
manufactured, processed, packed, or held by the facility, and to
identify and implement preventive controls to significantly minimize or
prevent the occurrence of such hazards. FDA is required to develop
regulations to establish science-based standards for conducting a
hazard analysis, documenting hazards, implementing preventive controls,
and documenting their implementation.
    In addition, FDA is required to issue guidance with respect to
hazard analysis and preventive controls. Given the diversity of
registered facilities and regulated foods, FDA will use the guidance to
assist the food and feed industries in complying with the preventive
controls regulations, when they are finalized. FDA will leverage, where
appropriate, best practices for hazards and controls identified by
industry for specific types of food and feed and specific methods in
manufacturing, processing, packing, and holding food and feed. FDA is
interested in making appropriate best practices publicly available. FDA
is particularly interested in preventive control practices that are
applicable and practical for small and very small businesses to
implement.

II. Purpose and Format of the Meeting

    If you wish to attend and/or present at the meeting scheduled for
April 20, 2011, please register by e-mail at http://www.blsmeetings.net/FDAPreventiveControls by April 15, 2011. FDA is
holding the public meeting on section 103 of FSMA to receive input from
the public to inform the development of the regulations and guidance
identified previously in this document. FDA will also consider input it
has received previously through its engagement of stakeholders as part
of the process to examine and update current good manufacturing
practice requirements and to develop an animal feed safety system.
    In general, the meeting format will include introductory
presentations by FDA. Listening to our stakeholders is the primary
purpose of this meeting. In order to meet this goal, FDA will provide
multiple opportunities for individuals to actively express their views
by making presentations at the meeting, participating in a total of
three 75-minute break-out sessions on the provisions discussed at the
meeting, and submitting written comments to the docket within 30 days
after this meeting. (Participants can select up to three of the
following five break-out sessions: Preventive Controls Guidance, On-
Farm Manufacturing and Small Business, Product Testing and
Environmental Monitoring, Training and Technical Assistance, and
Preventive Controls and the Relationship to cGMPs.) There will be an
interactive Webcast; see section III of this document, ``How to
Participate in the Meeting.'' In order to provide Webcast participants
with information before and after the meeting, we request attendees
provide their name, their affiliation, and email when registering.

III. How To Participate in the Meeting

    Stakeholders will have an opportunity to provide oral comments. Due
to limited space and time, FDA encourages all persons who wish to
attend the meeting, including those requesting an opportunity to make
an oral presentation during the time allotted for public comment at the
meeting, to register in advance and to provide the specific topic or
issue to be addressed and the approximate desired length of their
presentation. Depending on the number of requests for such oral
presentations, there may be a need to limit the time of each oral
presentation (e.g., 3 minutes each). If time permits, individuals or
organizations that did not register in advance may be granted the
opportunity for such an oral presentation. FDA would like to maximize
the number of stakeholders who make a presentation at the meeting and
will do our best to accommodate all persons who wish to make a
presentation or express their views at the meeting. FDA anticipates
that there will be several opportunities to speak in break-out sessions
and an interactive Webcast will also be available for stakeholders who
are not onsite.
    FDA encourages persons and groups who have similar interests to
consolidate their information for presentation through a single
representative. After reviewing the presentation requests, FDA will
notify each participant before the meeting of the amount of time
available and the

approximate time their presentation is scheduled to begin.
    There is no fee to register for the public meeting and registration
will be on a first-come, first-served basis. Early registration is
recommended because seating is limited. Onsite registration will be
accepted after all preregistered attendees are seated.
    Table 1 of this document provides information on participating in
the meeting and on submitting comments to the docket.

                  Table 1--Information on Participation in the Meeting and Submitting Comments
----------------------------------------------------------------------------------------------------------------
                                                                             Address (non-
                                         Date         Electronic address      electronic)      Other information
----------------------------------------------------------------------------------------------------------------
Date of Public Meeting..........  April 20, 2011, 9   ..................  FDA White Oak       Registration
                                   a.m. to 5:30 p.m.                       Campus, The Great   begins at 7:30
                                                                           Room, Bldg. 31,     a.m.
                                                                           rm. 1503, 10903
                                                                           New Hampshire
                                                                           Ave., Silver
                                                                           Spring, MD 20993.
Webcast.........................  April 20, 2011, 9   https://            ..................   If you
                                   a.m. to 5:30 p.m.   collaboration.fda                       have never
                                                       .gov/                                   attended a
                                                       preventivecontrol                       ConnectPRO
                                                       s/.                                     meeting: Test
                                                                                your connection:
                                                                                https://collaboration.fda.gov/common/help/en/support/meeting_test.htm
                                                                                . Get a quick
                                                                                overview: http://www.adobe.comgo/connectpro_overview iew.\1\
                                                                                The
                                                                                webcast will
                                                                                provide closed
                                                                                captioning.
Advance Registration............  By April 15, 2011.  http://             ..................  Registration to
                                                       www.blsmeetings.n                       attend the
                                                       et/                                     meeting will also
                                                       FDAPreventiveCont                       be accepted
                                                       rols.                                   onsite on the day
                                                                                of the meeting,
                                                                                as space permits.
                                                                                Registration
                                                                                information may
                                                                                be posted without
                                                                                change to http://www.regulations.gov ov, including any
                                                                                personal
                                                                                information
                                                                                provided.
Request special accommodations    By April 15, 2011.  ..................  Patricia M.         ..................
 due to disability.                                                        Kuntze, 301-796-
                                                                           8641, email:
<EMAIL_ADDRESS>Make a request for oral           By April 15, 2011.  http://             ..................  Requests made on
 presentation.                                         www.blsmeetings.n                       the day of the
                                                       et/                                     meeting to make
                                                       FDAPreventiveCont                       an oral
                                                       rols.                                   presentation may
                                                                                be granted as
                                                                                time permits.
                                                                                Information on
                                                                                requests to make
                                                                                an oral
                                                                                presentation may
                                                                                be posted without
                                                                                change to http://www.regulations.gov ov, including any
                                                                                personal
                                                                                information
                                                                                provided.
Provide a brief description of    By April 15, 2011.  http://             ..................  Written material
 the oral presentation and any                         www.blsmeetings.n                       associated with
 written material for the                              et/                                     an oral
 presentation.                                         FDAPreventiveCont                       presentation
                                                       rols.                                   should be
                                                                                submitted in
                                                                                Microsoft
                                                                                PowerPoint,
                                                                                Microsoft Word,
                                                                                or Adobe Portable
                                                                                Document Format
                                                                                (PDF) and may be
                                                                                posted without
                                                                                change to http://www.regulations.gov ov, including any
                                                                                personal
                                                                                information
                                                                                provided.
Submit electronic or written      Submit comments by  Federal             FAX:<PHONE_NUMBER>.  All comments must
 comments.                         May 20, 2011.       eRulemaking         Mail/Hand           include the
                                                       Portal: http://     delivery/Courier    Agency name and
                                                       www.regulations.g   (for paper, disk,   the docket number
                                                       ov. Follow the      or CD-ROM           in brackets in
                                                       instructions for    submissions):       the heading of
                                                       submitting          Division of         this document.
                                                       comments.           Dockets             All received
                                                                           Management (HFA-    comments may be
                                                                           305), Food and      posted without
                                                                           Drug                change to http://
                                                                           Administration,     www.regulations.g
                                                                           5630 Fishers        ov, including any
                                                                           Lane, rm. 1061,     personal
                                                                           Rockville, MD       information
                                                                           20852.              provided. FDA
                                                                                encourages the
                                                                                submission of
                                                                                electronic
                                                                                comments by using
                                                                                the Federal
                                                                                eRulemaking
                                                                                Portal. For
                                                                                additional
                                                                                information on
                                                                                submitting
                                                                                comments, see the
                                                                                ``Comments''
                                                                                heading of the
                                                                                SUPPLEMENTARY
                                                                                INFORMATION
                                                                                section of this
                                                                                document.
----------------------------------------------------------------------------------------------------------------
\1\ Adobe, the Adobe logo, Acrobat and Acrobat Connect are either registered trademarks or trademarks of Adobe
  Systems Incorporated in the United States and/or other countries.

IV. Comments

    Regardless of attendance at the public meeting, interested persons
may submit to the Division of Dockets Management (see table 1 of this
document) either electronic or written comments for consideration at or
after the meeting in addition to, or in place of, a request for an
opportunity to make an oral presentation. It is only necessary to send
one set of comments. It is no longer necessary to send two copies of
mailed comments. Received comments may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

V. Transcripts

    Please be advised that as soon as a transcript is available, it
will be accessible at http://www.regulations.gov and http://www.fda.gov/Food/FoodSafety/FSMA/default.htm. It may be viewed at the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852. A transcript will
also be available in either hardcopy or on CD-ROM, after submission of
a Freedom of Information request. Written requests are to be sent to
Division of Freedom of Information (HFI-35), Office of Management
Programs, Food and Drug Administration, 5600 Fishers Lane, rm. 6-30,
Rockville, MD 20857.

    Dated: April 7, 2011.
David Dorsey,
Acting Deputy Commissioner for Policy, Planning and Budget.
[FR Doc. 2011-8785 Filed 4-12-11; 8:45 am]
BILLING CODE 4160-01-P