[Federal Register: November 26, 2007 (Volume 72, Number 226)]
[Notices]
[Page 66028-66030]
[DOCID:fr26no07-95]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-0020, Notice 1]

Ferrari S.p.A. and Ferrari North America; Receipt of Application
for a Temporary Exemption From the Advanced Air Bag Requirements of
FMVSS No. 208

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

ACTION: Notice of receipt of petition for temporary exemption from
provisions of Federal Motor Vehicle Safety Standard (FMVSS) No. 208,
Occupant Crash Protection.

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SUMMARY: In accordance with the procedures in 49 CFR Part 555, Ferrari
S.P.A. and Ferrari North America (collectively, ``Ferrari'') have
petitioned the agency for a temporary exemption from certain advanced
air bag requirements of FMVSS No. 208. The basis for the application is
that compliance would cause substantial economic hardship to a
manufacturer that has tried in good faith to comply with the standard.
    This notice of receipt of an application for temporary exemption is
published in accordance with the statutory provisions of 49 U.S.C.
30113(b)(2). NHTSA has made no judgment on the merits of the
application.

DATES: You should submit your comments not later than December 26,
2007.
    Comments: We invite you to submit comments on the application
described above. You may submit comments identified by docket number at
the heading of this notice by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the online instructions for submitting

comments.
     Mail: DOT Docket Management Facility, M-30, U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery or Courier: U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, Monday through Friday, except
Federal holidays.
     Fax: 1-(202)-493-2251
    Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking. Note that all comments received will be posted without
change to http://www.regulations.gov, including any personal

information provided.
    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 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://dms.dot.gov.

    Docket: For access to the docket in order to read background
documents or comments received, go to http://www.reglulations.gov, at

any time or to M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal Holidays.
    Confidential Business Information: If you wish to submit any
information under a claim of confidentiality, you should submit three
copies of your complete submission, including the information you claim
to be confidential business information, to the Chief Counsel, NHTSA,
at the address given under FOR FURTHER INFORMATION CONTACT. In
addition, you should submit two copies, from which you have deleted the
claimed confidential business information, to Docket Management at the
address given above. When you send a comment containing information
claimed to be confidential business information, you should include a
cover letter setting forth the information specified in our
confidential business information regulation (49 CFR Part 512).

FOR FURTHER INFORMATION CONTACT: Mr. Ari Scott, Office of the Chief
Counsel, NCC-112, National Highway Traffic Safety Administration, 1200
New Jersey Avenue, SE., Washington, DC 20590. Telephone: (202) 366-
2992; Fax:<PHONE_NUMBER>.

Discussion

I. Advanced Air Bag Requirements and Small Volume Manufacturers

    In 2000, NHTSA upgraded the requirements for air bags in passenger
cars and light trucks, requiring what are commonly known as ``advanced
air bags.'' \1\ The upgrade was designed to meet the goals of improving
protection for occupants of all sizes, belted and unbelted, in
moderate-to-high-speed crashes, and of minimizing the risks posed by
air bags to infants, children, and other occupants, especially in low-
speed crashes.
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    \1\ See 65 FR 30680 (May 12, 2000).
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    The advanced air bag requirements were a culmination of a
comprehensive plan that the agency announced in 1996 to address the
adverse effects of air bags. This plan also included an extensive
consumer education program to encourage the placement of children in
rear seats. The new requirements were phased in beginning with the 2004
model year.
    Small volume manufacturers were not subject to the advanced air bag
requirements until September 1, 2006, but their efforts to bring their
respective vehicles into compliance with these requirements began
several years earlier. However, because the new requirements were
challenging, major air bag suppliers concentrated their efforts on
working with large volume manufacturers, and thus, until recently,
small volume manufacturers had limited access to advanced air bag
technology. Because of the nature of the requirements for protecting
out-of-position occupants, ``off-the-shelf'' systems could not be
readily adopted. Further complicating matters, because small volume
manufacturers build so few vehicles, the costs of developing custom
advanced air bag systems compared to potential profits discouraged some
air bag suppliers from working with small volume manufacturers.
    As always, we are concerned about the potential safety implication
of any temporary exemptions granted by this agency. In the present
case, we are seeking comments on a petition for an extension of a
temporary exemption from the advanced air bag requirements submitted by
a manufacturer of high-performance sports cars.

II. Overview of Petition for Economic Hardship Exemption

    In accordance with 49 U.S.C. 30113 and the procedures in 49 CFR
Part 555, Ferrari has petitioned the agency for an extension of a
temporary exemption from certain advanced air bag requirements of FMVSS
No. 208. The basis for the application is that compliance would cause
substantial economic hardship to a manufacturer that has tried in good
faith to comply

with the standard. The requested exemption would apply to Ferrari F430
model vehicles and would extend for a period of one year beginning on
August 1, 2008. A copy of the petition \2\ is available for review and
has been placed in the docket for this notice.
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    \2\ The company requested confidential treatment under 49 CFR
Part 512 for certain business and financial information submitted as
part of its petition for temporary exemption. Accordingly, the
information placed in the docket does not contain such information
that the agency has determined to be confidential.
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III. Statutory Background for Economic Hardship Exemptions

    A manufacturer is eligible to apply for a hardship exemption if its
total motor vehicle production in its most recent year of production
did not exceed 10,000 vehicles, as determined by the NHTSA
Administrator (49 U.S.C. 30113).
    In determining whether a manufacturer of a vehicle meets that
criterion, NHTSA considers whether a second vehicle manufacturer also
might be deemed the manufacturer of that vehicle. The statutory
provisions governing motor vehicle safety (49 U.S.C. Chapter 301) do
not include any provision indicating that a manufacturer might have
substantial responsibility as manufacturer of a vehicle simply because
it owns or controls a second manufacturer that assembled that vehicle.
However, the agency considers the statutory definition of
``manufacturer'' (49 U.S.C. 30102) to be sufficiently broad to include
sponsors, depending on the circumstances. Thus, NHTSA has stated that a
manufacturer may be deemed to be a sponsor and thus a manufacturer of a
vehicle assembled by a second manufacturer if the first manufacturer
had a substantial role in the development and manufacturing process of
that vehicle.

IV. Petition of Ferrari

    Background. NHTSA notes that a manufacturer is eligible to apply
for a hardship exemption if its total motor vehicle production in its
most recent year of production does not exceed 10,000, as determined by
the NHTSA Administrator (15 U.S.C. 1410(d)(1)). While Fiat S.p.A., a
major vehicle manufacturer, holds a majority interest in Ferrari, NHTSA
still considers that Ferrari's production will not exceed that number.
Consistent with past determinations, NHTSA has determined that Fiat's
interest in Ferrari does not result in the production threshold being
exceeded \3\ (see 70 FR 71372). In its current petition, Ferrari states
that during the twelve month period from June 1, 2006 to June 1, 2007,
Ferrari's worldwide production of motor vehicles was 6,249. If the
requested exemption is granted, Ferrari anticipates that its production
that year will be approximately 7,200 vehicles.
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    \3\ 54 FR 46321; November 2, 1989.
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    In response to Ferrari's original petition for exemption in
2005,\4\ the agency stated that the Ferrari F430 bears no resemblance
to any motor vehicle designed or manufactured by Fiat, and that the
agency understood that the F430 was designed and engineered without
assistance from Fiat. Further, the agency stated that such assistance
as Ferrari may receive from Fiat relating to use of test facilities and
the like is an arms length transaction for which Ferrari pays Fiat.
Therefore, NHTSA concluded that Fiat was not a manufacturer of Ferrari
vehicles by virtue of being a sponsor. We continue to believe this is
the case.
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    \4\ 70 FR 71372, November 28, 2005.
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    Requested exemption. Ferrari is requesting an extension of the
temporary exemption that it previously received, exempting it from the
advanced air bag provisions of FMVSS No. 208 with respect to the
Ferrari F430 vehicles. Specifically, Ferrari is requesting an exemption
from the requirements in S19, S21, and S23 of the Standard, which
establish requirements using infant, three-year-old child, and six-
year-old child dummies, respectively. Ferrari originally planned to
produce the F430 only until late 2008. Thus, Ferrari only sought and
received the current exemption, which extends until August 31, 2008.
However, Ferrari states that unexpected developments, including the
need to assure that the replacement model complies with new, more
stringent European carbon dioxide and noise regulations and new
requirements promulgated by the California Air Resources Board, have
delayed the replacement vehicle until late 2009. Therefore, Ferrari is
requesting a one year extension of the current exemption, through
August 31, 2009.
    The petitioner indicated that it intends to replace the F430 in
2009 with a new model, which will comply with all applicable FMVSSs.
Therefore, need for the exemption is not expected to last beyond the
date of the exemption.
    Economic hardship. The petitioner states that the inability to sell
F430 vehicles manufactured after August 31, 2008 would have severe
economic consequences for Ferrari S.p.A. and Ferrari North America
(FNA). Specifically, Ferrari S.p.A., while remaining a profitable
enterprise, would suffer approximately $77 million in lost sales in
2009, and additional lost sales in later years. Furthermore, FNA would
suffer $9 million in lost sales in 2009, and would suffer an overall
loss in that year. Additionally, failure to obtain the exemption would
cause an adverse financial effect through lost sales of replacement
parts for several years in the future.
    Good faith efforts to comply. Ferrari states that it considered
alternate means of compliance, but found that compliance with the
advanced air bag requirements of FMVSS No. 208 was not possible. As
described in the notice of Ferrari's original petition for exemption,
the F430 was originally designed in the mid-1990s as the 360 model, and
was designed to comply with all of the requirements of the FMVSSs in
effect at the time the 360 was originally designed. The petitioner
stated that the provisions of FMVSS No. 208 established in 2000 (65 FR
30680; May 12, 2000; Advanced Air Bag rule) were not anticipated by
Ferrari when the 360 vehicle model was designed. The F430, a derivative
of the 360 model, was introduced in 2004. Ferrari had originally
intended to replace the F430 in 2008, but now anticipates the
replacement model being ready in 2009.
    As described in the notice of receipt of Ferrari's previous
petition, Ferrari stated that it has been able to bring the F430 into
compliance with all of the high-speed belted and unbelted crash test
requirements of the Advanced Air Bag rule. However, it stated that it
has not been able to bring the vehicle into compliance with the child
out-of-position requirements (S19, S21, and S23). Ferrari also noted
that despite efforts to involve numerous potential suppliers, it was
unable to identify any that are willing to work with the company to
develop an occupant classification system that would comply with the
requirements in S19, S21, and S23. Moreover, Ferrari had stated that it
was unable to reconfigure the F430 to accommodate an occupant
classification system and air bag design that would comply with these
requirements.
    In its current request, Ferrari states that when it realized that
it would need to continue production of the F430 beyond September 1,
2008, it again contacted several potential suppliers regarding the
procurement of advanced air bag systems. This attempt, Ferrari states,
was also unsuccessful. Additionally, Ferrari notes that since filing
its initial petition, it has continued to work on compliance issues,
and has been able to bring the F430 into full compliance with S25 of
the standard. Paragraph S25 specifies

the crash test requirements for using an out-of-position 5th percentile
adult female dummy at the driver position.
    Ferrari states that further efforts to bring the F430 vehicles into
full compliance with FMVSS No. 208 during the term of the requested
exemption would be futile. However, Ferrari states that it is taking
steps to minimize the negative safety consequences of the exemption.
First, Ferrari will continue to equip the F430 with a manual air bag
on/off switch for the passenger air bag as standard equipment, in order
to prevent the possibility of an air bag deployment when a child is
present. Second, Ferrari will continue to offer to provide purchasers
with child restraint systems designed to automatically suppress the
passenger air bag when the restraint is present, at no cost.
    Ferrari argues that an exemption would be in the public interest.
The petitioner put forth several arguments in favor of a finding that
the requested exemption is consistent with the public interest and
would not have a significant adverse impact on safety. Specifically,
Ferrari argues that the public interest is served by four factors.
These include: (1) Satisfying the public interest in offering consumers
a wider variety of motor vehicle choices; (2) affording continued
employment to the petitioner's U.S. workforce; (3) there would be
minimal safety impact from granting this exemption; and (4) that it
would be inequitable to prevent Ferrari from importing the F430 until
2009, when other vehicles have been granted similar exemptions.
    Ferrari states that there is consumer demand in the United States
for high-performance sports cars such as the F430. It argues that
compliance with the advanced air bag requirements is virtually
impossible for vehicles such as the F430, which was designed before the
advanced air bag rule was proposed. Ferrari notes that NHTSA has, in
the past, stated that it believes the public interest is often served
by affording consumers a wider variety of motor vehicle choices. The
petitioner also states that the public interest will be served in
affording continued employment to the petitioner's U.S. work force,
which would be affected by the granting or denial of the exemption.
    Ferrari also argues that the safety drawbacks of granting an
exemption will be minimal. The F430 is designed and marketed as a high
performance vehicle, and therefore would have relatively little on-road
operation compared with other motor vehicles. Furthermore, the
petitioner states that it is unlikely that young children would be
passengers in the vehicle, and that other safety measures, such as
passenger air bag on/off switches and child restraint systems, are
available at no cost. In addition, in its original petition for
exemption, the petitioner stated that the F430 also has a variety of
passive safety features not required under the FMVSS, including seat
belt pretensioners, among other systems. Thus, Ferrari argues, an
exemption would have a minimal impact on safety.
    Finally, the petitioner suggested that this petition is similar to
other petitions for exemptions from the advanced air bag standards for
similar vehicles. Specifically, Ferrari stated that NHTSA has granted
exemptions to several of Ferrari's competitors that extend until at
least August 31, 2009. These exemptions extend to the Lamborghini
Murcielago, the Lotus Elise, the Morgan Aero 8, the YES! Roadster, and
the Koenigsegg CCX.\5\ Ferrari argues that it would be inequitable for
the agency to deny its petition for an extension of the F430 exemption
until August 31, 2009.
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    \5\ See 71 FR 52951; 71 FR 68888; and 72 FR 17609.
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V. Issuance of Notice of Final Action

    We are providing a 30-day comment period. After considering public
comments and other available information, we will publish a notice of
final action on the application in the Federal Register.

    Issued on: October 29, 2007.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
[FR Doc. E7-22966 Filed 11-23-07; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Notices]
[Pages 20827-20829]
[FR Doc No: 2018-09775]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2018-0002]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final Notice.

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SUMMARY: New or modified Base (1-percent annual chance) Flood
Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA)
boundaries or zone designations, and/or regulatory floodways
(hereinafter referred to as flood hazard determinations) as shown on
the indicated Letter of Map Revision (LOMR) for each of the communities
listed in the table below are finalized. Each LOMR revises the Flood
Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance
Study (FIS) reports, currently in effect for the listed communities.
The flood hazard determinations modified by each LOMR will be used to
calculate flood insurance premium rates for new buildings and their
contents.

DATES: Each LOMR was finalized as in the table below.

ADDRESSES: Each LOMR is available for inspection at both the respective
Community Map Repository address listed in the table below and online
through the FEMA Map Service Center at https://msc.fema.gov.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final flood hazard determinations as shown in the
LOMRs for each community listed in the table below. Notice of these
modified flood hazard determinations has been published in newspapers
of local circulation and 90 days have elapsed since that publication.
The Deputy Associate Administrator for Insurance and Mitigation has
resolved any appeals resulting from this notification.
    The modified flood hazard determinations are made pursuant to
section 206 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 new or modified flood hazard information is 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 remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    This new or modified flood hazard information, 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.
    This new or modified flood hazard determinations are used to meet
the floodplain management requirements of the NFIP and also are used to
calculate the appropriate flood insurance premium rates for new
buildings, and for the contents in those buildings. The changes in
flood hazard determinations are in accordance with 44 CFR 65.4.
    Interested lessees and owners of real property are encouraged to
review the final flood hazard information available at the address
cited below for each community or online through the FEMA Map Service
Center at https://msc.fema.gov.

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

    Dated: May 1, 2018.
David I. Maurstad,
Deputy Associate Administrator for Insurance and Mitigation (Acting),
Department of Homeland Security, Federal Emergency Management Agency.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Chief executive          Community map
          State and county             Location and  case No.   officer of  community        repository          Date of  modification    Community  No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arkansas: Benton, (FEMA Docket No.:   City of Lowell, (17-06-  The Honorable Eldon     City Hall, 216 North    Mar. 26, 2018............          050342
 B-1803).                              1806P).                  Long, Mayor, City of    Lincoln Street,
                                                                Lowell, 216 North       Lowell, AR 72745.
                                                                Lincoln Street,
                                                                Lowell, AR 72745.
Colorado: Jefferson, (FEMA Docket     City of Westminster,     The Honorable Herb      City Hall, 4800 West    Apr. 6, 2018.............          080008
 No.: B-1803).                         (17-08-0650P).           Atchison, Mayor, City   92nd Avenue,
                                                                of Westminster, 4800    Westminster, CO 80031.
                                                                West 92nd Avenue,
                                                                Westminster, CO 80031.
Florida:

    Brevard, (FEMA Docket No.: B-     City of Cocoa Beach,     The Honorable Ben       Development Services    Apr. 5, 2018.............          125097
     1803).                            (17-04-7481P).           Malik, Mayor, City of   Department, 2 South
                                                                Cocoa Beach, P.O. Box   Orlando Avenue, Cocoa
                                                                322430, Cocoa Beach,    Beach, FL 32931.
                                                                FL 32932.
    DeSoto, (FEMA Docket No.: B-      Unincorporated areas of  The Honorable Elton     DeSoto County Planning  Mar. 23, 2018............          120072
     1803).                            DeSoto County, (17-04-   Langford, Chairman,     and Zoning
                                       5738P).                  DeSoto County Board     Department, 201 East
                                                                of Commissioners, 201   Oak Street, Suite
                                                                East Oak Street,        204, Arcadia, FL
                                                                Suite 201, Arcadia,     34266.
                                                                FL 34266.
    Hillsborough, (FEMA Docket No.:   Unincorporated areas of  The Honorable Stacy     Hillsborough County     Apr. 4, 2018.............          120112
     B-1803).                          Hillsborough County,     White, Chairman,        Development Services
                                       (17-04-1127P).           Hillsborough County     Department, 601 East
                                                                Board of                Kennedy Boulevard,
                                                                Commissioners, 601      Tampa, FL 33602.
                                                                East Kennedy
                                                                Boulevard, Tampa, FL
                                                                33602.
    Lake, (FEMA Docket No.: B-1803).  Unincorporated areas of  The Honorable Timothy   Lake County Public      Mar. 29, 2018............          120421
                                       Lake County, (17-04-     I. Sullivan,            Works Department, 437
                                       3997P).                  Chairman, Lake County   Ardice Avenue,
                                                                Board of                Eustis, FL 32726.
                                                                Commissioners, P.O.
                                                                Box 7800, Tavares, FL
                                                                32778.
    Lee, (FEMA Docket No.: B-1803)..  Unincorporated areas of  The Honorable Mr. John  Lee County Building     Apr. 3, 2018.............          125124
                                       Lee County, (17-04-      Manning, Chairman,      Department, 1500
                                       7100P).                  Lee County Board of     Monroe Street, Fort
                                                                Commissioners, P.O.     Myers, FL 33901.
                                                                Box 398, Fort Myers,
                                                                FL 33902.
Georgia:
    Cobb, (FEMA Docket No.: B-1803).  City of Powder Springs,  The Honorable Al        Community Development   Apr. 9, 2018.............          130056
                                       (17-04-7207P).           Thurman, Mayor, City    Department, 4488
                                                                of Powder Springs,      Pineview Drive,
                                                                P.O. Box 46, Powder     Powder Springs, GA
                                                                Springs, GA 30127.      30127.
    Cobb, (FEMA Docket No.: B-1803).  Unincorporated areas of  The Honorable Mike      Cobb County Stormwater  Apr. 9, 2018.............          130052
                                       Cobb County, (17-04-     Boyce, Chairman, Cobb   Management Division,
                                       7207P).                  County Board of         680 South Cobb Drive,
                                                                Commissioners, 100      Marietta, GA 30060.
                                                                Cherokee Street,
                                                                Marietta, GA 30090.
New Mexico: Bernalillo, (FEMA Docket  Unincorporated areas of  Ms. Julie Morgas Baca,  Bernalillo County       Apr. 6, 2018.............          350001
 No.: B-1807).                         Bernalillo County, (17-  Manager, Bernalillo     Public Works
                                       06-3952P).               County, 1 Civic Plaza   Division, 2400
                                                                Northwest,              Broadway Southeast,
                                                                Albuquerque, NM 87102.  Albuquerque, NM 87102.
North Carolina:
    Durham, (FEMA Docket No.: B-      Unincorporated areas of  The Honorable Wendy     Durham County           Feb. 21, 2018............          370085
     1816).                            Durham County, (17-04-   Jacobs, Chair, Durham   Stormwater Services
                                       2721P).                  County Board of         Department, 101 City
                                                                Commissioners, 200      Hall Plaza, Durham,
                                                                East Main Street, 2nd   NC 27701.
                                                                Floor, Durham, NC
                                                                27701.
    Orange, (FEMA Docket No.: B-      Town of Chapel Hill,     The Honorable Pam       Stormwater Management   Mar. 13, 2018............          370180
     1803).                            (17-04-3137P).           Hemminger, Mayor,       Program Department,
                                                                Town of Chapel Hill,    208 North Columbia
                                                                405 Martin Luther       Street, Chapel Hill,
                                                                King Jr. Boulevard,     NC 27514.
                                                                Chapel Hill, NC 27514.
    Wayne, (FEMA Docket No.: B-1816)  City of Goldsboro, (16-  The Honorable Chuck     City Hall, 200 North    Apr. 6, 2018.............          370255
                                       04-6905P).               Allen, Mayor, City of   Center Street,
                                                                Goldsboro, P.O.         Goldsboro, NC 27530.
                                                                Drawer A, Goldsboro,
                                                                NC 27533.
    Wayne, (FEMA Docket No.: B-1816   Unincorporated areas of  The Honorable Bill      Wayne County Planning   Apr. 6, 2018.............          370254
     ).                                Wayne County, (16-04-    Pate, Chairman, Wayne   Department, 134 North
                                       6905P).                  County Board of         John Street,
                                                                Commissioners, 224      Goldsboro, NC 27530.
                                                                East Walnut Street,
                                                                Goldsboro, NC 27530.
Oklahoma:
    Tulsa, (FEMA Docket No.: B-1807)  City of Bixby, (17-06-   The Honorable John      Planning Department,    Apr. 9, 2018.............          400207
                                       2611P).                  Easton, Mayor, City     116 West Needles,
                                                                of Bixby, P.O. Box      Bixby, OK 74008.
                                                                70, Bixby, OK 74008.
    Tulsa, (FEMA Docket No.: B-1807)  City of Tulsa, (17-06-   The Honorable G. T.     Planning and            Apr. 9, 2018.............          405381
                                       2611P).                  Bynum, Mayor, City of   Development
                                                                Tulsa, 175 East 2nd     Department, 175 East
                                                                Street, 15th Floor,     2nd Street, Tulsa, OK
                                                                Tulsa, OK 74103.        74103.
Texas:
    Bexar, (FEMA Docket No.: B-1803)  City of San Antonio,     The Honorable Ron       Transportation and      Mar. 30, 2018............          480045
                                       (17-06-2000P).           Nirenberg, Mayor,       Capital Improvements
                                                                City of San Antonio,    Department, Storm
                                                                P.O. Box 839966, San    Water Division, 1901
                                                                Antonio, TX 78283.      South Alamo Street,
                                                                                2nd Floor, San
                                                                                Antonio, TX 78284.
    Collin, (FEMA Docket No.: B-      City of Frisco, (17-06-  The Honorable Jeff      Engineering Services    Apr. 9, 2018.............          480134
     1803).                            3743P).                  Cheney, Mayor, City     Department, 11300
                                                                of Frisco, 6101         Research Road,
                                                                Frisco Square           Frisco, TX 75033.
                                                                Boulevard, Frisco, TX
                                                                75034.
    Collin, (FEMA Docket No.: B-      City of McKinney, (17-   The Honorable George    Engineering             Apr. 2, 2018.............          480135
     1803).                            06-2726P).               Fuller, Mayor, City     Department, 221 North
                                                                of McKinney, P.O. Box   Tennessee Street,
                                                                517, McKinney, TX       McKinney, TX 75069.
                                                                75070.
    Collin, (FEMA Docket No.: B-      City of McKinney, (17-   The Honorable George    Engineering             Mar. 26, 2018............          480135
     1803).                            06-3589P).               Fuller, Mayor, City     Department, 221 North
                                                                of McKinney, P.O. Box   Tennessee Street,
                                                                517, McKinney, TX       McKinney, TX 75069.
                                                                75070.
    Collin, (FEMA Docket No.: B-      City of Murphy, (17-06-  Mr. Mike Castro,        City Hall, 206 North    Apr. 6, 2018.............          480137
     1810).                            1778P).                  Ph.D., Manager, City    Murphy Road, Murphy,
                                                                of Murphy, 206 North    TX 75094.
                                                                Murphy Road, Murphy,
                                                                TX 75094.
    Dallas, (FEMA Docket No.: B-      City of Dallas, (17-06-  The Honorable Michael   Engineering             Mar. 26, 2018............          480171
     1810).                            2978P).                  S. Rawlings, Mayor,     Department, 320 East
                                                                City of Dallas, 1500    Jefferson Boulevard,
                                                                Marilla Street, Suite   Room 200, Dallas, TX
                                                                5EN, Dallas, TX 75201.  75203.

    Denton, (FEMA Docket No.: B-      Town of Prosper, (17-06- The Honorable Ray       Engineering             Mar. 29, 2018............          480141
     1803).                            2975P).                  Smith, Mayor, Town of   Department, 407 East
                                                                Prosper, P.O. Box       1st Street, Prosper,
                                                                307, Prosper, TX        TX 75078.
                                                                75078.
    Harris, (FEMA Docket No.: B-      Unincorporated areas of  The Honorable Edward    Harris County Permit    Apr. 2, 2018.............          480287
     1803).                            Harris County, (17-06-   M. Emmett, Harris       Office, 10555
                                       3082P).                  County Judge, 1001      Northwest Freeway,
                                                                Preston Street, Suite   Suite 120, Houston,
                                                                911, Houston, TX        TX 77092.
                                                                77002.
    Harris and Montgomery, (FEMA      City of Houston, (17-06- The Honorable           Department of Public    Apr. 9, 2018.............          480296
     Docket No.: B-1810).              2680P).                  Sylvester Turner,       Works and
                                                                Mayor, City of          Engineering, 1002
                                                                Houston, P.O. Box       Washington Avenue,
                                                                1562, Houston, TX       3rd Floor, Houston,
                                                                77251.                  TX 77002.
    Johnson, (FEMA Docket No.: B-     City of Burleson, (17-   The Honorable Ken       Public Works            Apr. 6, 2018.............          485459
     1803).                            06-2604P).               Shatter, Mayor, City    Department, 725
                                                                of Burleson, 141 West   Southeast John Jones
                                                                Renfro Street,          Drive, Burleson, TX
                                                                Burleson, TX 76028.     76028.
    Montgomery, (FEMA Docket No.: B-  City of Conroe, (17-06-  The Honorable Toby      Engineering             Apr. 9, 2018.............          480484
     1810).                            2100P).                  Powell, Mayor, City     Department, 300 West
                                                                of Conroe, 300 West     Davis Street, Conroe,
                                                                Davis Street, Conroe,   TX 77301.
                                                                TX 77301.
    Montgomery, (FEMA Docket No.: B-  City of Panorama         The Honorable Lynn      City Hall, 99 Hiwon     Apr. 9, 2018.............          481263
     1810).                            Village, (17-06-2100P).  Scott, Mayor, City of   Drive, Panorama
                                                                Panorama Village, 99    Village, TX 77304.
                                                                Hiwon Drive, Panorama
                                                                Village, TX 77304.
    Montgomery, (FEMA Docket No.: B-  Unincorporated areas of  The Honorable Craig B.  Montgomery County,      Apr. 9, 2018.............          480483
     1810).                            Montgomery County, (17-  Doyal, Montgomery       Permit Department,
                                       06-2680P).               County Judge, 501       501 North Thompson
                                                                North Thompson          Street, Suite 100,
                                                                Street, Suite 401,      Conroe, TX 77301.
                                                                Conroe, TX 77301.
    Tarrant (FEMA Docket No.: B-      City of Fort Worth, (17- The Honorable Betsy     Transportation and      Apr. 9, 2018.............          480596
     1807).                            06-2262P).               Price, Mayor, City of   Public Works
                                                                Fort Worth, 200 Texas   Department, 200 Texas
                                                                Street, Fort Worth,     Street, Fort Worth,
                                                                TX 76102.               TX 76102.
    Tarrant, (FEMA Docket No.: B-     City of Westworth        The Honorable Michael   City Hall, 311 Burton   Apr. 5, 2018.............          480616
     1807).                            Village, (17-06-2290P).  R. Coleman, Mayor,      Hill Road, Westworth
                                                                City of Westworth       Village, TX 76114.
                                                                Village, 311 Burton
                                                                Hill Road, Westworth
                                                                Village, TX 76114.
    Travis, (FEMA Docket No.: B-      City of Pflugerville,    The Honorable Victor    Development Services    Apr. 9, 2018.............          481028
     1807).                            (17-06-3700P).           Gonzales, Mayor, City   Department, 201-B
                                                                of Pflugerville, P.O.   East Pecan Street,
                                                                Box 589,                Pflugerville, TX
                                                                Pflugerville, TX        78691.
                                                                78691.
Virginia: Fauquier, (FEMA Docket      Unincorporated areas of  The Honorable Richard   Fauquier County         Apr. 5, 2018.............          510055
 No.: B-1803).                         Fauquier County, (17-    R. Gerhardt,            Circuit Court, 29
                                       03-1541P).               Chairman, Fauquier      Ashby Street, 3rd
                                                                County Board of         Floor, Warrenton, VA
                                                                Supervisors, 10 Hotel   20186.
                                                                Street, Suite 208,
                                                                Warrenton, VA 20186.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-09775 Filed 5-7-18; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register: April 4, 2008 (Volume 73, Number 66)]
[Notices]
[Page 18548-18549]
[DOCID:fr04ap08-78]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1749-DR]

Missouri; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Missouri (FEMA-1749-DR), dated March 19,
2008, and related determinations.

EFFECTIVE DATE: March 19, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, Washington, DC 20472,
(202) 646-2705.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated March 19, 2008, the President declared a major disaster under the
authority of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121-5206 (the Stafford Act), as follows:

    I have determined that the damage in certain areas of the State
of Missouri resulting from severe storms and flooding beginning on
March 17, 2008, and continuing, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121-5206 (the Stafford Act). Therefore, I declare that such a major
disaster exists in the State of Missouri.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide assistance for emergency
protective measures (Category B), limited to direct Federal
assistance, under the Public Assistance program in the designated
areas, and any other forms of assistance under the Stafford Act that
you deem appropriate subject to completion of Preliminary Damage
Assessments (PDAs), unless you determine that the incident is of
such unusual severity and magnitude that PDAs are not required to
determine the need for supplemental Federal assistance pursuant to
44 CFR 206.33(d).
    Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance will be limited to 75 percent of the total
eligible costs except for any particular projects that are eligible
for a higher Federal cost-sharing percentage under the FEMA Public
Assistance Pilot Program instituted pursuant to 6 U.S.C. 777. If
Other Needs Assistance and Hazard

Mitigation are later warranted, Federal funding under these programs
will also be limited to 75 percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
to the extent allowable under the Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, Department
of Homeland Security, under Executive Order 12148, as amended, Michael
L. Parker, of FEMA is appointed to act as the Federal Coordinating
Officer for this declared disaster.
    I do hereby determine the following areas of the State of Missouri
to have been affected adversely by this declared major disaster:

    Audrain, Barry, Barton, Boone, Bollinger, Butler, Callaway,
Camden, Cape Girardeau, Carter, Cedar, Christian, Cole, Cooper,
Crawford, Dade, Dallas, Dent, Douglas, Dunklin, Franklin, Gasconade,
Greene, Hickory, Howard, Howell, Iron, Jasper, Jefferson, Laclede,
Lawrence, Lincoln, Madison, Maries, McDonald, Miller, Mississippi,
Montgomery, Moniteau, Morgan, New Madrid, Newton, Oregon, Osage,
Ozark, Pemiscot, Perry, Phelps, Pike, Polk, Pulaski, Reynolds,
Ripley, St. Charles, St. Clair, St. Francois, St. Louis, Ste.
Genevieve, Shannon, Scott, Stoddard, Stone, Taney, Texas, Vernon,
Warren, Washington, Wayne, Webster, and Wright Counties and the
Independent City of St. Louis for emergency protective measures
(Category B), limited to direct Federal assistance under the Public
Assistance program.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services Program; 97.034,
Disaster Unemployment Assistance (DUA); 97.046, Fire Management
Assistance; 97.048, Individual and Household Housing; 97.049,
Individual and Household Disaster Housing Operations; 97.050
Individual and Household Program-Other Needs, 97.036, Public
Assistance Grants; 97.039, Hazard Mitigation Grant Program.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
 [FR Doc. E8-7021 Filed 4-3-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register Volume 79, Number 169 (Tuesday, September 2, 2014)]
[Notices]
[Pages 51987-51988]
[FR Doc No: 2014-20755]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP14-533-000; Docket No. CP14-534-000]

Duke Energy Kentucky, Inc.; Duke Energy Ohio, Inc.; Notice of
Applications for Certificate of Public Convenience and Necessity

    Take notice that on August 13, 2014 Duke Energy Kentucky, Inc.
(DEK) and Duke Energy Ohio, Inc. (DOE), 139 E. Fourth Street,
Cincinnati, Ohio 45202, filed in the above referenced dockets two
complimentary applications pursuant to sections 7(b) and 7(f) of the
Natural Gas Act (NGA). DEK requests authorization to abandon by sale to
DEO, a segment of existing natural gas pipeline that extends from
Kenton County, Kentucky to Hamilton County, Ohio. DEO is concurrently
seeking a determination of a service area within which DEO may enlarge
and extend its distribution facilities, without further Commission
authorization, all as more fully set forth in the application which is
on file with the Commission and open to public inspection. The filing
may also be viewed on the web at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or TTY,
contact<PHONE_NUMBER>.
    Any questions concerning this application may be directed to Chuck
Whitlock, President, Midwest Commercial Generation and Vice President,
Gas Operations, at<PHONE_NUMBER> or<EMAIL_ADDRESS>
Duke Energy Corporation, 139 East Fourth Street, Cincinnati, OH 45202.
    Specifically, the pipeline segment to be conveyed to DEO (AM-1
River Crossing) originates at a pipeline valve in Kenton County,
Kentucky, about 400 feet south of the Ohio River, and extends northward
about 0.4 miles, under the river, to an interconnection with
distribution facilities of DEO at a pipeline valve in Hamilton County,
Ohio. It is part of DEK's Line AM-1 natural gas pipeline. DEK states
that the AM-1 River Crossing is used for the sole purpose of delivering
gas to DEO to serve its own retail customers and retail customer choice
load in Ohio. DEK also states that its entire retail load that is
served from Line AM-1 is located upstream of the proposed point of
transfer, so no DEK customer will be

affected by the transfer. DEO's request includes (1) a determination
that DEO's service area may be extended to include AM-1 River Crossing,
the associated right-of-way and sufficient adjacent right-of-way to
accommodate future replacement of the existing pipeline segment; (2) a
finding that DEO continues to qualify as a local distribution company
(LDC) for purposes of section 311 of the Natural Gas Policy Act of 1978
(NGPA); (3) a waiver of the regulatory requirements ordinarily
applicable to natural gas companies under the NGA and NGPA; (4) and
such further relief as the Commission may deem appropriate. DEO states
that inclusion of the AM-1 River Crossing and adjacent right-of-way in
DEO's service area will allow DEO to replace the line and thereby
ensure continued reliable delivery of gas via the line to DEO's
distribution system.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 7 copies of filings made in the proceeding with the Commission
and must mail a copy to the applicant and to every other party. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
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.
    Comment Date: 5:00 p.m. Eastern Time on September 12, 2014.

    Dated: August 22, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-20755 Filed 8-29-14; 8:45 am]
BILLING CODE 6717-01-P


(5) Any requirement, if applicable, of the carrier operating the
flight for an individual planning to use such a device to check-in up
to one hour before that carrier's general check-in deadline; and
    (6) For POCs, the requirement of paragraph 382.23(b)(1)(ii) of this
Part to present to the operating carrier at the airport a physician's
statement (medical certificate) prepared in accordance with applicable
federal aviation regulations.
    (d) As a foreign carrier operating flights to, from or within the
United States, you must provide the information during the reservation
process as indicated in paragraphs (d)(1) through (d)(7) of this
section upon inquiry from an individual concerning the use in the cabin
during air transportation on such a flight of a ventilator, respirator,
continuous positive airway machine, or POC of a kind equivalent to an
FAA-approved POC for U.S. carriers:
    (1) The device must be labeled by the manufacturer to reflect that
it has been tested to meet requirements for medical portable electronic
devices set by the foreign carrier's government if such requirements
exist;
    (2) The device must be labeled by the manufacturer to reflect that
it has been tested to meet requirements for medical portable electronic
devices set by the FAA for U.S. carriers if requirements for medical
portable electronic devices have not been set by the foreign carrier's
government and the foreign carrier elects to apply FAA requirements for
medical portable electronic devices;
    (3) The maximum weight and dimensions (length, width, height) of
the device to be used by an individual that can be accommodated in the
aircraft cabin consistent with the safety regulations of the foreign
carrier's government;
    (4) The requirement to bring an adequate number of batteries as
outlined in paragraph (f)(2) of this section and to ensure that extra
batteries carried onboard to power the device are packaged in
accordance with applicable government safety regulations;
    (5) Any requirement, if applicable, that an individual contact the
carrier operating the flight 48 hours before scheduled departure to
learn the expected maximum duration of his/her flight in order to
determine the required number of batteries for his/her particular
ventilator, respirator, continuous positive airway pressure machine, or
POC;
    (6) Any requirement, if applicable, of the carrier operating the
flight for an individual planning to use such a device to check-in up
to one hour before that carrier's general check-in deadline; and
    (7) Any requirement, if applicable, that an individual who wishes
to use a POC onboard an aircraft present to the operating carrier at
the airport a physician's statement (medical certificate).
    (e) In the case of a codeshare itinerary, the carrier whose code is
used on the flight must either inform the individual inquiring about
using a ventilator, respirator, CPAP machine or POC onboard an aircraft
to contact the carrier operating the flight for information about its
requirements for use of such devices in the cabin, or provide such
information on behalf of the codeshare carrier operating the flight.
    (f)(1) As a U.S. or foreign carrier subject to paragraph (a) or (b)
of this section, you must inform any individual who has advised you
that he or she plans to operate his/her device in the aircraft cabin,
within 48 hours of his/her

making a reservation or 24 hours before the scheduled departure date of
his/her flight, whichever date is earlier, of the expected maximum
flight duration of each segment of his/her flight itinerary.
    (2) You may require an individual to bring an adequate number of
fully charged batteries onboard, based on the battery manufacturer's
estimate of the hours of battery life while the device is in use and
the information provided in the physician's statement, to power the
device for not less than 150% of the expected maximum flight duration.
    (3) If an individual does not comply with the conditions for
acceptance of a medical portable electronic device as outlined in this
section, you may deny boarding to the individual in accordance with 14
CFR 382.19(c) and in that event you must provide a written explanation
to the individual in accordance with 14 CFR 382.19(d).

Subpart J--Training and Administrative Provisions

Sec.  382.141  What training are carriers required to provide for their
personnel?

    (a) As a carrier that operates aircraft with 19 or more passenger
seats, you must provide training, meeting the requirements of this
paragraph, for all personnel who deal with the traveling public, as
appropriate to the duties of each employee.
    (1) You must ensure training to proficiency concerning:
    (i) The requirements of this Part and other applicable Federal
regulations affecting the provision of air travel to passengers with a
disability;
    (ii) Your procedures, consistent with this Part, concerning the
provision of air travel to passengers with a disability, including the
proper and safe operation of any equipment used to accommodate
passengers with a disability; and
    (iii) For those personnel involved in providing boarding and
deplaning assistance, the use of the boarding and deplaning assistance
equipment used by the carrier and appropriate boarding and deplaning
assistance procedures that safeguard the safety and dignity of
passengers.
    (2) You must also train such employees with respect to awareness
and appropriate responses to passengers with a disability, including
persons with physical, sensory, mental, and emotional disabilities,
including how to distinguish among the differing abilities of
individuals with a disability.
    (3) You must also train these employees to recognize requests for
communication accommodation from individuals whose hearing or vision is
impaired and to use the most common methods for communicating with
these individuals that are readily available, such as writing notes or
taking care to enunciate clearly, for example. Training in sign
language is not required. You must also train these employees to
recognize requests for communication accommodation from deaf-blind
passengers and to use established means of communicating with these
passengers when they are available, such as passing out Braille cards
if you have them, reading an information sheet that a passenger
provides, or communicating with a passenger through an interpreter, for
example.
    (4) You must consult with organizations representing persons with
disabilities in your home country when developing your training program
and your policies and procedures. If such organizations are not
available in your home country, you must consult with individuals with
disabilities and/or international organizations representing
individuals with disabilities.
    (5) You must ensure that all personnel who are required to receive
training receive refresher training on the matters covered by this
section, as appropriate to the duties of each employee, as needed to
maintain proficiency. You must develop a program that will result in
each such employee receiving refresher training at least once every
three years. The program must describe how employee proficiency will be
maintained.
    (6) You must provide, or ensure that your contractors provide,
training to the contractors' employees concerning travel by passengers
with a disability. This training is required only for those contractor
employees who deal directly with the traveling public, and it must be
tailored to the employees' functions. Training for contractor employees
must meet the requirements of paragraphs (a)(1) through (a)(5) of this
section.
    (7) The employees you designate as CROs, for purposes of Sec.
382.151 of this Part, must receive training concerning the requirements
of this Part and the duties of a CRO.
    (8) Personnel subject to training required under this Part, who are
already employed on May 13, 2009, must be trained one time in the
changes resulting from the reissuance of this Part.
    (b) If you are a carrier that operates only aircraft with fewer
than 19 passenger seats, you must provide training for flight
crewmembers and appropriate personnel to ensure that they are familiar
with the matters listed in paragraphs (a)(1) and (a)(2) of this section
and that they comply with the requirements of this Part.

Sec.  382.143  When must carriers complete training for their
personnel?

    (a) As a U.S. carrier, you must meet the training requirements of
Sec.  382.141 by the following times.
    (1) Employees designated as CROs shall receive training concerning
the requirements of this Part and the duties of a CRO before assuming
their duties under Sec.  382.151 (see Sec.  382.141(a)(7)). You must
ensure that all employees performing the CRO function receive annual
refresher training concerning their duties and the provisions of this
regulation. The one-time training for CROs about the changes to Part
382 must take place by May 13, 2009. For employees who have already
received CRO training, this training may be limited to changes from the
previous version of Part 382.
    (2) The one-time training for existing employees about changes to
Part 382 (see Sec.  382.141(a)(8)) must take place as part of the next
scheduled recurrent training after May 13, 2009 for each such employee
or within one year after May 13, 2009, whichever comes first.
    (3) For crewmembers subject to training requirements under 14 CFR
Part 121 or 135 whose employment in any given position commences after
May 13, 2009, before they assume their duties; and
    (4) For other personnel whose employment in any given position
commences after May 13, 2009, within 60 days after the date on which
they assume their duties.
    (b) As a foreign carrier that operates aircraft with 19 or more
passenger seats, you must provide training meeting the requirements of
paragraph (a) of this section for all personnel who deal with the
traveling public in connection with flights that begin or end at a U.S.
airport, as appropriate to the duties of each employee. You must ensure
that personnel required to receive training complete the training by
the following times:
    (1) Employees designated as CROs shall receive training in
accordance with paragraph (a)(1) of this section, by May 13, 2009.
    (2) For crewmembers and other personnel who are employed on May 13,
2009, within one year after that date;
    (3) For crewmembers whose employment commences after May 13, 2010,
before they assume their duties;
    (4) For other personnel whose employment in any given position
commences after May 13, 2010, or a date within 60 days after the date
on which they assume their duties; and
    (5) For crewmembers and other personnel whose employment in any
given position commences after May 13,

2009, but before May 13, 2010, by May 13, 2010 or a date 60 days after
the date of their employment, whichever is later.

Sec.  382.145  What records concerning training must carriers retain?

    (a) As a carrier that operates aircraft with 19 or more passenger
seats, you must incorporate procedures implementing the requirements of
this Part in the manuals or other guidance or instructional materials
provided for the carrier and contract personnel who provide services to
passengers, including, but not limited to, pilots, flight attendants,
reservation and ticket counter personnel, gate agents, ramp and baggage
handling personnel, and passenger service office personnel. You must
retain these records for review by the Department on the Department's
request. If, upon such review, the Department determines that any
portion of these materials must be changed in order to comply with this
Part, DOT will direct you to make appropriate changes. You must
incorporate and implement these changes.
    (b) You must retain for three years individual employee training
records demonstrating that all persons required to receive initial and
refresher training have done so.

Subpart K--Complaints and Enforcement Procedures

Sec.  382.151  What are the requirements for providing Complaints
Resolution Officials?

    (a) As a carrier providing scheduled service, or a carrier
providing nonscheduled service using aircraft with 19 or more passenger
seats, you must designate one or more CROs.
    (b) As a U.S. carrier, you must make a CRO available at each
airport you serve during all times you are operating at that airport.
As a foreign carrier, you must make a CRO available at each airport
serving flights you operate that begin or end at a U.S. airport. You
may make the CRO available in person at the airport or via telephone,
at no cost to the passenger. If a telephone link to the CRO is used,
TTY service or a similarly effective technology must be available so
that persons with hearing impairments may readily communicate with the
CRO. You must make CRO service available in the language(s) in which
you make your services available to the general public.
    (c) You must make passengers with a disability aware of the
availability of a CRO and how to contact the CRO in the following
circumstances:
    (1) In any situation in which any person complains or raises a
concern with your personnel about discrimination, accommodations, or
services with respect to passengers with a disability, and your
personnel do not immediately resolve the issue to the customer's
satisfaction or provide a requested accommodation, your personnel must
immediately inform the passenger of the right to contact a CRO and then
contact a CRO on the passenger's behalf or provide the passenger a
means (e.g., a phone, a phone card plus the location and/or phone
number of the CRO available at the airport). Your personnel must
provide this information to the passenger in a format he or she can
use.
    (2) Your reservation agents, contractors, and Web sites must
provide information equivalent to that required by paragraph (c)(1) of
this section to passengers with a disability using those services who
complain or raise a concern about a disability-related issue.
    (d) Each CRO must be thoroughly familiar with the requirements of
this Part and the carrier's procedures with respect to passengers with
a disability. The CRO is intended to be the carrier's ``expert'' in
compliance with the requirements of this Part.
    (e) You must ensure that each of your CROs has the authority to
make dispositive resolution of complaints on behalf of the carrier.
This means that the CRO must have the power to overrule the decision of
any other personnel, except that the CRO is not required to be given
authority to countermand a decision of the pilot-in-command of an
aircraft based on safety.

Sec.  382.153  What actions do CROs take on complaints?

    When a complaint is made directly to a CRO for a carrier providing
scheduled service, or a carrier providing nonscheduled service using
aircraft with 19 or more passenger seats (e.g., orally, by phone, TTY),
the CRO must promptly take dispositive action as follows:
    (a) If the complaint is made to a CRO before the action or proposed
action of carrier personnel has resulted in a violation of a provision
of this Part, the CRO must take, or direct other carrier personnel to
take, whatever action is necessary to ensure compliance with this Part.
    (b) If an alleged violation of a provision of this Part has already
occurred, and the CRO agrees that a violation has occurred, the CRO
must provide to the complainant a written statement setting forth a
summary of the facts and what steps, if any, the carrier proposes to
take in response to the violation.
    (c) If the CRO determines that the carrier's action does not
violate a provision of this Part, the CRO must provide to the
complainant a written statement including a summary of the facts and
the reasons, under this Part, for the determination.
    (d) The statements required to be provided under this section must
inform the complainant of his or her right to pursue DOT enforcement
action under this Part. The CRO must provide the statement in person to
the complainant at the airport if possible; otherwise, it must be
forwarded to the complainant within 30 calendar days of the complaint.

Sec.  382.155  How must carriers respond to written complaints?

    (a) As a carrier providing scheduled service, or a carrier
providing nonscheduled service using aircraft with 19 or more passenger
seats, you must respond to written complaints received by any means
(e.g., letter, fax, e-mail, electronic instant message) concerning
matters covered by this Part.
    (b) As a passenger making a written complaint, you must state
whether you had contacted a CRO in the matter, provide the name of the
CRO and the date of the contact, if available, and enclose any written
response you received from the CRO.
    (c) As a carrier, you are not required to respond to a complaint
postmarked or transmitted more than 45 days after the date of the
incident, except for complaints referred to you by the Department of
Transportation.
    (d) As a carrier, you must make a dispositive written response to a
written disability complaint within 30 days of its receipt. The
response must specifically admit or deny that a violation of this Part
has occurred.
    (1) If you admit that a violation has occurred, you must provide to
the complainant a written statement setting forth a summary of the
facts and the steps, if any, you will take in response to the
violation.
    (2) If you deny that a violation has occurred, your response must
include a summary of the facts and your reasons, under this Part, for
the determination.
    (3) Your response must also inform the complainant of his or her
right to pursue DOT enforcement action under this Part.

Sec.  382.157  What are carriers' obligations for recordkeeping and
reporting on disability-related complaints?

    (a) For the purposes of this section, a disability-related
complaint means a specific written expression of dissatisfaction
received from, or

submitted on behalf, of an individual with a disability concerning a
difficulty associated with the person's disability, which the person
experienced when using or attempting to use an air carrier's or foreign
carrier's services.
    (b) If you are a carrier covered by this Part, conducting passenger
operations with at least one aircraft having a designed seating
capacity of more than 60 passengers, this section applies to you. As a
foreign carrier, you are covered by this section only with respect to
disability-related complaints associated with any flight segment
originating or terminating in the United States.
    (c) You must categorize disability-related complaints that you
receive according to the type of disability and nature of complaint.
Data concerning a passenger's disability must be recorded separately in
the following areas: vision impaired, hearing impaired, vision and
hearing impaired, mentally impaired, communicable disease, allergies
(e.g., food allergies, chemical sensitivity), paraplegic, quadriplegic,
other wheelchair, oxygen, stretcher, other assistive device (cane,
respirator, etc.), and other disability. Data concerning the alleged
discrimination or service problem related to the disability must be
separately recorded in the following areas: refusal to board, refusal
to board without an attendant, security issues concerning disability,
aircraft not accessible, airport not accessible, advance notice
dispute, seating accommodation, failure to provide adequate or timely
assistance, damage to assistive device, storage and delay of assistive
device, service animal problem, unsatisfactory information, and other.
    (d) You must submit an annual report summarizing the disability-
related complaints that you received during the prior calendar year
using the form specified at the following internet address: http://
382reporting.ost.dot.gov. You must submit this report by the last
Monday in January of each year for complaints received during the prior
calendar year. You must make submissions through the World Wide Web
except for situations where you can demonstrate that you would suffer
undue hardship if not permitted to submit the data via paper copies,
disks, or e-mail, and DOT has approved an exception. All fields in the
form must be completed; carriers are to enter ``0'' where there were no
complaints in a given category. Each annual report must contain the
following certification signed by your authorized representative: ``I,
the undersigned, do certify that this report has been prepared under my
direction in accordance with the regulations in 14 CFR Part 382. I
affirm that, to the best of my knowledge and belief, this is a true,
correct, and complete report.'' Electronic signatures will be accepted.
    (e) You must retain correspondence and record of action taken on
all disability-related complaints for three years after receipt of the
complaint or creation of the record of action taken. You must make
these records available to Department of Transportation officials at
their request.
    (f)(1) As either carrier in a codeshare relationship, you must
comply with paragraphs (c) through (e) of this section for--
    (i) Disability-related complaints you receive from or on behalf of
passengers with respect to difficulties encountered in connection with
service you provide;
    (ii) Disability-related complaints you receive from or on behalf of
passengers when you are unable to reach agreement with your codeshare
partner as to whether the complaint involves service you provide or
service your codeshare partner provides; and
    (iii) Disability-related complaints forwarded by another carrier or
governmental agency with respect to difficulties encountered in
connection with service you provide.
    (2) As either carrier in a codeshare relationship, you must forward
to your codeshare partner disability-related complaints you receive
from or on behalf of passengers with respect to difficulties
encountered in connection with service provided by your code-sharing
partner.
    (g) Each carrier, except for carriers in codeshare situations,
shall comply with paragraphs (c) through (e) of this section for
disability-related complaints it receives from or on behalf of
passengers as well as disability-related complaints forwarded by
another carrier or governmental agency with respect to difficulties
encountered in connection with service it provides.
    (h) Carriers that do not submit their data via the Web shall use
the disability-related complaint data form specified in Appendix A to
this Part when filing their annual report summarizing the disability-
related complaints they received. The report shall be mailed, by the
date specified in paragraph (d) of this section, to the following
address: U.S. Department of Transportation, Aviation Consumer
Protection Division (C-75), 1200 New Jersey Avenue, SE., West Building,
Room W96-432, Washington, DC 20590.

Sec.  382.159  How are complaints filed with DOT?

    (a) Any person believing that a carrier has violated any provision
of this Part may seek assistance or file an informal complaint at the
Department of Transportation no later than 6 months after the date of
the incident by either:
    (1) going to the web site of the Department's Aviation Consumer
Protection Division at http://airconsumer.ost.dot.gov and selecting
``Air Travel Problems and Complaints,'' or
    (2) writing to Department of Transportation, Aviation Consumer
Protection Division (C-75), 1200 New Jersey Avenue, SE., Washington, DC
20590.
    (b) Any person believing that a carrier has violated any provision
of this Part may also file a formal complaint under the applicable
procedures of 14 CFR Part 302.
    (c) You must file a formal complaint under this Part within six
months of the incident on which the complaint is based in order to
ensure that the Department of Transportation will investigate the
matter.
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BILLING CODE 4910-9X-C

Appendix B to Part 382--Cross-Reference Table

    The Department is providing the following table to assist users
familiar with the current Part 382 in finding material in the new,
renumbered Part 382.

                   Section Numbers: Old and New Rules
------------------------------------------------------------------------
                                   New section
      Old section (382.x)            (382.x)              Subject
------------------------------------------------------------------------
General provisions:
    1.........................  1................  Purpose.
    3.........................  7................  Applicability.
    5.........................  3................  Definitions.
    7.........................  11, 13...........  Non-discrimination
                                                    generally.
    9.........................  15...............  Contractors.
Aircraft accessibility:
    21(a)(1)..................  61...............  Movable armrests.
    21(a)(2)..................  67...............  Stowage space in
                                                    cabin for passenger
                                                    wheelchair.
    21(a)(3)..................  63...............  Accessible
                                                    lavatories.
    21(a)(4)..................  65...............  Carrier-supplied on-
                                                    board wheelchair.
    21(e) and (f).............  71...............  Aircraft
                                                    accessibility:
                                                    miscellaneous.
Airport accessibility:
    23........................  51...............  General.
    (New).....................  53...............  Vision/hearing
                                                    impairments.
Services and information:
    31........................  19...............  Refusal of
                                                    transportation.
    31(c).....................  17...............  Number limits.
    33........................  25, 27...........  Advance notice
                                                    requirements.
    35........................  29...............  Safety assistants
                                                    (formerly
                                                    ``attendants'').
    37........................  87(a)............  Seat assignments.
    38........................  81 through 87....  Seating
                                                    accommodations.
    39(a).....................  91 through 105...  Enplaning, deplaning
                                                    and connecting
                                                    assistance.
    39(b).....................  111 through 119..  Assistance in cabin.
    40 and 40a................  99...............  Mechanical lifts.
    41........................  121 through 133..  Stowage of assistive
                                                    devices.
    43(a).....................  129(b)...........  Timely return of
                                                    assistive devices.
    43(b).....................  131..............  Liability limits.
    43(c).....................  35...............  Liability waivers.
    45(a).....................  41...............  Access to information
                                                    (general).
    45(b).....................  115..............  Individual safety
                                                    briefings.
    45(c).....................  119..............  Access to information
                                                    in airport and
                                                    aircraft.
    45(d).....................  45...............  Availability of copy
                                                    of rule.
    47(a).....................  43...............  TTY's and
                                                    reservations
                                                    systems.
    47(b).....................  69...............  Accessibility of
                                                    videos on aircraft.
    49........................  55...............  Security screening.
    51........................  21...............  Communicable
                                                    diseases.
    53........................  23...............  Medical certificates.
    55(a).....................  117..............  Service animals.
    55(b).....................  33...............  Sitting on blankets.
    55(c).....................  33...............  Restricting movement.
    55........................  31...............  Charges for
                                                    accommodations.
Administrative provisions:
    61........................  141, 143.........  Training.
    63(c) and (d).............  145..............  Manuals; directed
                                                    changes.
    65(a).....................  151, 153.........  Complaints Resolution
                                                    Officials.
    65(b).....................  155, 157.........  Written complaints to
                                                    carriers.
    65(c) and (d).............  159..............  Complaints to DOT.
------------------------------------------------------------------------

[FR Doc. 08-1228 Filed 5-7-08; 9:02 am]

BILLING CODE 4910-9X-P


[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Pages 12098-12100]
[FR Doc No: 2011-4843]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC11-36-000

    Applicants: BP Wind Energy North America Inc., Dominion Fowler
Ridge Wind II, LLC
    Description: Supplemental Information of BP Wind Energy North
America Inc. and Dominion Fowler Ridge Wind II, LLC.
    Filed Date: 02/18/2011
    Accession Number: 20110218-5153
    Comment Date: 5 p.m. Eastern Time on Monday, February 28, 2011

    Docket Numbers: EC11-45-000
    Applicants: Clean Energy Systems, Inc., AES Placerita,
Incorporated, AES California Management Co., Inc.
    Description: Application of AES California Management Co., Inc., et
al. for Authorization of Transaction Pursuant to Section 203 of the
Federal Power Act and Request for Confidential Treatment of Transaction
Documents, Expedited Consideration and Waivers.
    Filed Date: 02/18/2011
    Accession Number: 20110218-5143
    Comment Date: 5 p.m. Eastern Time on Friday, March 11, 2011

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER99-4124-027; ER99-4124-028
    Applicants: Arizona Public Service Company
    Description: Supplemental of Arizona Public Service Company.
    Filed Date: 02/18/2011
    Accession Number: 20110218-5145
    Comment Date: 5 p.m. Eastern Time on Friday, March 11, 2011

    Docket Numbers: ER10-2738-001
    Applicants: The Empire District Electric Company
    Description: Supplement to Notice of Non-Material Change in Status
of The Empire District Electric Company.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5109
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 15, 2011

    Docket Numbers: ER11-2140-001
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35.17(b): Supplemental filing re cost responsibility assignments, to be
effective 2/15/2011.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5156
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 15, 2011

    Docket Numbers: ER11-2588-001
    Applicants: Power Receivable Finance, LLC
    Description: Power Receivable Finance, LLC submits tariff filing
per 35.17(b): PRF Substitute First Revised MBR Tariff to be effective
2/28/2011.
    Filed Date: 02/08/2011
    Accession Number: 20110208-5154
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 1, 2011

    Docket Numbers: ER11-2595-001
    Applicants: CalPeak Power--Border LLC
    Description: CalPeak Power--Border LLC submits tariff filing per
35: Border--Supplement to Notice of Non-Material Change to be effective
3/4/2011.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5106
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 15, 2011

    Docket Numbers: ER11-2596-001
    Applicants: CalPeak Power--El Cajon LLC
    Description: CalPeak Power--El Cajon LLC submits tariff filing per
35: El Cajon--Supplement to Notice of Non-Material Change to be
effective 3/4/2011.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5110
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 15, 2011

    Docket Numbers: ER11-2597-001
    Applicants: CalPeak Power--Panoche LLC
    Description: CalPeak Power--Panoche LLC submits tariff filing per
35: Panoche--Supplement to Notice of Non-Material Change to be
effective 3/4/2011.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5123
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 15, 2011

    Docket Numbers: ER11-2600-001
    Applicants: CalPeak Power--Vaca Dixon LLC
    Description: CalPeak Power--Vaca Dixon LLC submits tariff filing
per 35: Vaca Dixon--Supplement to Notice of Non-Material Change to be
effective 3/4/2011.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5129
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 15, 2011

    Docket Numbers: ER11-2602-001
    Applicants: CalPeak Power LLC
    Description: CalPeak Power LLC submits tariff filing per 35:
CalPeak Power--Supplement to Notice of Non-Material Change to be
effective 3/4/2011.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5131
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 15, 2011

    Docket Numbers: ER11-2604-001
    Applicants: Commonwealth Chesapeake Company LLC
    Description: Commonwealth Chesapeake Company LLC submits tariff
filing per 35: Chesapeake--Supplement to Notice of Non-Material Change
to be effective 3/4/2011.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5138
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 15, 2011

    Docket Numbers: ER11-2605-001
    Applicants: Tyr Energy LLC
    Description: Tyr Energy LLC submits tariff filing per 35: Tyr--
Supplement to Notice of Non-Material Change to be effective 3/4/2011.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5144
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 15, 2011

    Docket Numbers: ER11-2608-001
    Applicants: CalPeak Power--Enterprise LLC
    Description: CalPeak Power--Enterprise LLC submits tariff filing
per 35: Enterprise--Supplement to Notice of Non-Material Change to be
effective 3/4/2011.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5118
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 15, 2011

    Docket Numbers: ER11-2609-001
    Applicants: Tenaska Washington Partners, L.P.
    Description: Tenaska Washington Partners, L.P. submits tariff
filing per 35: Supplement to Request for Category 1 Status to be
effective 3/4/2011.
    Filed Date: 02/17/2011
    Accession Number: 20110217-5104
    Comment Date: 5 p.m. Eastern Time on Thursday, March 10, 2011

    Docket Numbers: ER11-2921-000
    Applicants: Southwestern Public Service Company
    Description: Southwestern Public Service Company submits tariff
filing per 35: 2-18-11--RS118 Compliance Filing SPS-Sharyland to be
effective 8/1/2010.
    Filed Date: 02/18/2011
    Accession Number: 20110218-5139
    Comment Date: 5 p.m. Eastern Time on Friday, March 11, 2011

    Docket Numbers: ER11-2923-000
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35: 02-18-11 Att. Q amendment to be effective
4/1/2011.
    Filed Date: 02/18/2011
    Accession Number: 20110218-5140
    Comment Date: 5 p.m. Eastern Time on Friday, March 11, 2011

    Docket Numbers: ER11-2924-000
    Applicants: Denver Energy, LLC
    Description: Denver Energy, LLC submits tariff filing per 35.12:
New

Company's Tarriff (Initial Tariff Baseline) to be effective 2/22/2011.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5000
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 15, 2011

    Docket Numbers: ER11-2925-000
    Applicants: Pacific Gas and Electric Company
    Description: Pacific Gas and Electric Company submits tariff filing
per 35.13(a)(2)(iii): CCSF Crystal Springs Transmission Facilities
Agreement to be effective 2/22/2011.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5001
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 15, 2011

    Docket Numbers: ER11-2926-000
    Applicants: Oklahoma Gas and Electric Company
    Description: Application of Oklahoma Gas and Electric Company
    Filed Date: 02/18/2011
    Accession Number: 20110218-5168
    Comment Date: 5 p.m. Eastern Time on Friday, March 11, 2011

    Docket Numbers: ER11-2927-000
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. submits tariff filing per
35.13(a)(2)(iii): Correction to MR1--Appendix E from Baseline eTariff
Filing to be effective 8/30/2010.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5028
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 15, 2011

    Docket Numbers: ER11-2928-000
    Applicants: Florida Power & Light Company
    Description: Florida Power & Light Company submits tariff filing
per 35.12: FPL Rate Schedule FERC No. 318 between FPL and FKEC to be
effective 12/31/9998.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5064
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 15, 2011

    Docket Numbers: ER11-2929-000
    Applicants: PJM Interconnection, L.L.C.
    Description: PJM Interconnection, L.L.C. submits tariff filing per
35: Compliance Filing, to be effective 4/25/2011.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5065
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 15, 2011

    Docket Numbers: ER11-2930-000
    Applicants: Cleco Power LLC
    Description: Cleco Power LLC submits tariff filing per
35.13(a)(2)(iii): Attachment E Feb 2011 to be effective 2/22/2011.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5076
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 15, 2011

    Docket Numbers: ER11-2931-000
    Applicants: Commonwealth Edison Company, Commonwealth Edison
Company of Indiana,
    Description: Commonwealth Edison Company Notice of Termination of
Rate Schedule and Joint Motion to Withdraw Pleadings and Vacate Initial
Decision.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5089
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 15, 2011

    Docket Numbers: ER11-2932-000
    Applicants: NorthWestern Corporation
    Description: NorthWestern Corporation submits tariff filing per 35:
Revised Attachments C and K to FERC Open Access Transmission Tariff
Vol. 2 (SD) to be effective 4/10/2008.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5130
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 15, 2011

    Docket Numbers: ER11-2933-000
    Applicants: MidAmerican Energy Company
    Description: MidAmerican Energy Company submits tariff filing per
35.13(a)(2)(iii): Engineering and Procurement Agreement--Rate Schedule
117 to be effective 2/23/2011.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5143
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 15, 2011

    Docket Numbers: ER11-2934-000
    Applicants: Public Service Company of Oklahoma, Southwestern
Electric Power Company
    Description: Public Service Company of Oklahoma submits tariff
filing per 35.13(a)(2)(iii): 20110222 TCA Third Rev to be effective 5/
1/2011.
    Filed Date: 02/22/2011
    Accession Number: 20110222-5173
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 15, 2011

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 22, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-4843 Filed 3-3-11; 8:45 am]
BILLING CODE 6717-01-P