[Federal Register Volume 84, Number 204 (Tuesday, October 22, 2019)]
[Notices]
[Pages 56521-56526]
[FR Doc No: 2019-22915]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. DOT-OST-2019-0137]

Privacy Act of 1974; Department of Transportation, Federal Motor
Carrier Safety Administration; DOT/FMCSA 010 Drug and Alcohol
Clearinghouse

AGENCY: Federal Motor Carrier Safety Administration, Department of
Transportation.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Transportation (DOT), Federal Motor Carrier Safety Administration
(FMCSA) proposes a new system of records titled ``Drug and Alcohol
Clearinghouse (Clearinghouse)''. This system of records allows FMCSA to
collect and maintain records on commercial driver's license (CDL) and
commercial learner's permit (CLP) holders who have received verified
positive DOT drug or alcohol test results, refuse such testing, or
otherwise violate FMCSA's drug and alcohol use prohibitions. The
Clearinghouse will collect and maintain records on the completion of
substance abuse programs as part of the return-to-duty process and will
collect and maintain drivers' consent to the release of information. In
addition, the Clearinghouse will collect and maintain records of
queries of the system conducted by employers or service agents acting
on their behalf, and State Driver Licensing Agencies (SDLAs). The
information in this system will be used to enhance compliance with drug
and alcohol use testing regulations by identifying CDL or CLP holders
who have committed drug and alcohol violations that render them
ineligible to operate a commercial motor vehicle (CMV). This new system
will be included in the DOT inventory of record systems.

DATES: Written comments must be submitted on or before November 21,
2019. The system will be effective November 21, 2019. Routine Uses will
be effective at that time.

ADDRESSES: You may submit comments, identified by docket number DOT-
OST-2019-0137 by one of the following methods:
    Federal e-Rulemaking Portal: https://www.regulations.gov.
    Fax: (202) 366-XXXX.
    Mail: Department of Transportation Docket Management, Room W12-140,
1200 New Jersey Ave. SE, Washington, DC 20590.
    Instructions: All submissions received must include the agency name
and docket number DOT-OST-2019-0137. All comments received will be
posted without change to https://www.regulations.gov, and may include
any personal information provided. In order to facilitate comment
tracking and response, we encourage commenters to provide their name,
or the name of their organization; however, submission of names is
completely optional. Whether or not commenters identify themselves, all
timely comments will be fully considered. If you wish to provide
comments containing proprietary or confidential information, please
contact the agency for alternate submission instructions.
    Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov. Follow the online
instructions for accessing.

FOR FURTHER INFORMATION CONTACT: For system-related questions please
contact Chief, Compliance Division, Office of Enforcement and
Compliance, Federal Motor Carrier Safety Administration, Email:
<EMAIL_ADDRESS>Tel.<PHONE_NUMBER>. For privacy questions,
please contact: Claire W. Barrett, Departmental Chief Privacy Officer,
Department of Transportation, S-81, Washington, DC 20590, Email:
<EMAIL_ADDRESS>Tel.<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with the Privacy Act of 1974, FMCSA is proposing a
new system of records titled ``Drug and Alcohol Clearinghouse''. This
system will collect information related to violations of the Agency's
drug and alcohol testing program regulations committed by holders of
commercial driver's licenses (CDL) or commercial learner's permits
(CLP).
    On December 5, 2016, FMCSA published a final rule titled,
``Commercial Driver's License Drug and Alcohol Clearinghouse'' (81 FR
87686). The rule amended the Federal Motor Carrier Safety Regulations
(FMCSRs) to

establish requirements for the CDL Drug and Alcohol Clearinghouse
(Clearinghouse), a database under the Agency's administration that will
contain information about violations of FMCSA's drug and alcohol
testing program for CDL or CLP holders. This rule was mandated by the
Moving Ahead for Progress in the 21st Century Act (MAP-21) (Pub. L.
112-141, 126 Stat. 405, codified at 49 U.S.C. 31306a). The
Clearinghouse will enhance compliance with drug and alcohol use and
testing regulations by identifying CDL or CLP holders who have
committed drug and alcohol violations that render them ineligible to
operate a commercial motor vehicle (CMV).
    The Clearinghouse is a tool that FMCSA, employers, and prospective
employers will use to identify drivers who are prohibited from
operating a CMV, based on DOT drug and alcohol program violations, and
ensure that such drivers receive the required substance abuse
evaluation and treatment before operating a CMV on public roads.
Specifically, the drug and alcohol program violation information
maintained in the Clearinghouse will enable employers to identify
drivers who commit a drug or alcohol program violation while working
for another employer, but who subsequently fail to inform a potential
or new employer, as is required by current regulations.
    Employers, or their designated service agents (Consortia/Third-
Party Administrator (C/TPA)) are required to query the Clearinghouse
using the name of the driver to search for any drug and alcohol program
violations before hiring a prospective driver, and at least annually
for all currently employed drivers. Queries of the Clearinghouse fall
into one of two categories: Limited or full. Both limited and full
queries require a driver's consent before any information can be
released about that driver. A limited query of the Clearinghouse will
inform the employer or C/TPA whether or not any violation related
information about the driver exists; however, a limited query does not
result in the release of any detailed violation information. To view
detailed violation information contained in the Clearinghouse, the
employer or C/TPA must perform a full query. Once a driver's specific
consent is obtained, a full query will return the following information
about the driver:

 Driver details, including name, date of birth, contact
information, CLP/CLD information, and eligibility status
 Information about the driver's employer who ordered the test
or reported a violation to the Clearinghouse
 Test details, including the type of test, violation details,
and test result
 Information about who entered the test result
 Return-to-duty (RTD) activity information

    When an employer queries the driver as a pre-employment check, a
full query must be conducted. In accordance with 382.701(c), if
additional information is entered on the driver within 30 days of the
pre-employment query, the Clearinghouse will send an electronic
notification to the employer or C/TPA indicating additional information
has been added to a previously queried record. The employer must login
to the Clearinghouse and obtain specific consent from the driver before
the details of this newly reported information will be disclosed. An
annual query may be conducted as either a limited query or a full
query.
    A limited query requires a driver's general consent, which may be
effective for an indefinite period (e.g., the duration of employment)
and for an unlimited number of queries. The scope of general consent is
decided between the employer and the driver; employers must retain
general consent documentation for three years. Once the employer
obtains general consent, the employer will log into the Clearinghouse,
select limited query, enter the driver's information, and submit the
query. The Clearinghouse will return a message to the employer
indicating whether the Clearinghouse contains drug or alcohol
violation-related information on the queried driver. If the limited
query indicates that the Clearinghouse contains information on the
driver, the employer or C/TPA must conduct a full query.
    When conducting a full query, the employer or C/TPA must obtain
specific consent from the driver by logging into the Clearinghouse and
requesting that the driver provide consent to release full query
results. When an employer requests a full query, the driver will
receive notification of the request for specific consent via the
preferred contact method indicated in their Clearinghouse account, such
as email or U.S. mail. To grant or decline specific consent, the driver
must register in the Clearinghouse to establish an account. Once logged
in, the driver will be able to either grant or decline consent to the
requesting employer. If the driver provides consent, the employer will
receive notification of the consent via email. The employer will log
into their account to view the detailed information for the queried
driver.
    In accordance with the Clearinghouse final rule, if an employer is
unable to obtain either general consent from a driver for a limited
query, or specific consent for a full query, the employer must remove
the driver from performing safety-sensitive functions, as described
above.
    In addition to the general routine uses applicable to all DOT
systems of records, FMCSA is proposing three new system-specific
Routine Uses to support enforcement of drug and alcohol use and testing
regulations and to implement statutory requirements pertaining to
States and the National Transportation Safety Board.
    The first proposed Routine Use would allow the sharing of driver
eligibility and compliance data with Motor Carrier Safety Assistance
Program (MCSAP) partner agencies, for use during investigations,
roadside inspections and compliance reviews of motor carriers. The
MCSAP is a Federal grant program providing financial assistance to
States to reduce the number and severity of crashes involving CMVs.
MCSAP personnel act on the Agency's behalf to enforce the FMCSRs. This
routine use will strengthen the enforcement of the current prohibition
against operating a CMV, or performing other safety-sensitive
functions, due to drug and alcohol program violations, as well as other
drug and alcohol program requirements. The second proposed Routine Use
would allow the sharing of a driver's CMV operating status (prohibited
or not prohibited) in response to mandatory queries conducted by a
State Driver's Licensing Agency (SDLA) anytime a CDL is issued,
renewed, transferred or upgraded. This routine use will allow SDLAs to
verify a driver's eligibility to operate a CMV prior to completing
licensing transactions (as mandated by 49 U.S.C. 31311(a)(24);
31306a(h)(2)). The third proposed Routine Use would allow the National
Transportation Safety Board (NTSB), upon request, to receive
information on a driver who is involved in a crash under investigation
by the NTSB (as mandated by 49 U.S.C. 31306a(i)). These proposed
Routine Uses allow MCSAP partners, SDLAs, and NTSB to identify CDL or
CLP holders who have committed drug and alcohol violations that render
them ineligible to operate a commercial motor vehicle (CMV). They are
compatible with the purpose for which the information was collected,
directly furthering the goals of 49 U.S.C. 31306a, to improve roadway
safety and enhance

compliance with drug and alcohol use testing regulations.
    FMCSA has also included DOT General Routine Uses, to the extent
they are compatible with the purposes of this System. As recognized by
the Office of Management and Budget (OMB) in its Privacy Act
Implementation Guidance and Responsibilities (65 FR 19746, July 9,
1975), the routine uses include proper and necessary uses of
information in the system, even if such uses occur infrequently. FMCSA
has included in this notice routine uses for disclosures to law
enforcement when the record, on its face, indicates a violation of law,
to DOJ for litigation purposes, or when necessary in investigating or
responding to a breach of this system or other agencies' systems. DOT
may disclose to Federal, State, local, or foreign agency information
relevant to law enforcement, litigation, and proceedings before any
court or adjudicative or administrative body. OMB has long recognized
that these types of routine uses are ``proper and necessary'' uses of
information and qualify as compatible with agency systems. 65 FR 19476.
In addition, by OMB Memorandum M-17-12, OMB directed agencies to
include routine uses that will permit sharing of information when
needed to investigate, respond to, and mitigate a breach of a Federal
information system. DOT also has included routine uses that permit
sharing with the National Archives and Records Administration when
necessary for an inspection, to any Federal government agency engaged
in audit or oversight related to this system, or when DOT determines
that the disclosure will detect, prevent, or mitigate terrorism
activity. These types of disclosures are necessary and proper uses of
information in this system because they further DOT's obligation to
fulfil its records management and program management responsibilities
by facilitating accountability to agencies charged with oversight in
these areas, and DOT's obligation under Intelligence Reform and
Terrorism Prevention Act of 2004, Public Law 108-456, and Executive
Order 13388 (Oct. 25, 2005) to share information necessary and relevant
to detect, prevent, disrupt, preempt, or mitigate the effects of
terrorist activities against the territory, people, and interests of
the United States.

Privacy Act

    The Privacy Act governs the means by which the Federal Government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency from which information is retrieved by the
name of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. The Privacy Act
extends rights and protections to individuals who are U.S. citizens and
lawful permanent residents. Additionally, the Judicial Redress Act
(JRA) provides a covered person with a statutory right to make requests
for access and amendment to covered records, as defined by the JRA,
along with judicial review for denials of such requests. In addition,
the JRA prohibits disclosures of covered records, except as otherwise
permitted by the Privacy Act.
    Below is the description of the Clearinghouse System of Records. In
accordance with 5 U.S.C. 552a(r), DOT has provided a report of this
system of records to the OMB and to Congress.
SYSTEM NAME AND NUMBER
    DOT/FMCSA 010--Commercial Driver's License Drug and Alcohol
Clearinghouse (Clearinghouse).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The Clearinghouse is developed by a third-party contractor on
behalf of FMCSA. Records are maintained in a third-party cloud
environment at the U.S. DOT at 1200 New Jersey Avenue SE, Washington,
DC 20590.

SYSTEM MANAGER(S):
    Chief, Compliance Division, Office of Enforcement and Compliance,
FMCSA, U.S. DOT, 1200 New Jersey Avenue SE, Washington, DC 20590;
[email protected]

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Moving Ahead for Progress in the 21st Century Act (MAP-21), (49
U.S.C. 31306a(a)(1)).

PURPOSE(S) OF THE SYSTEM:
    The purpose of the Clearinghouse is to: (1) Improve compliance with
the DOT's controlled substances and alcohol testing program applicable
to Commercial Driver's License (CDL) and Commercial Learner's Permit
(CLP) holders; and (2) enhance the safety of U.S. roadways by reducing
crashes and injuries involving drivers violating alcohol or controlled
substances regulations (49 U.S.C. 31306a(a)(2)). FMCSA and motor
carrier employers will use information in the Clearinghouse records to
identify drivers who are prohibited from operating a Commercial Motor
Vehicle (CMV) and must receive the required evaluation and treatment
before resuming safety-sensitive functions. Safety-sensitive functions
are defined in 49 CFR 382.107 as the time from when a driver begins to
work or is required to be in readiness to work until the time he/she is
relieved from work and all responsibility for performing work. Safety-
sensitive functions include driving a CMV on public roads.
    In addition, the Clearinghouse will allow prospective employers to
confirm a driver did not commit a drug or alcohol violation while
working for another employer that would prohibit the individual from
operating a CMV or performing other safety-sensitive functions.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals within this system include: CDL and CLP
holders. Information about Medical Review Officers (MRO), Substance
Abuse Professionals (SAP), employers, and Consortia/Third-Party
Administrators (C/TPA) may be included in CDL and CLP holders' records.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records in the system include:
    The following information about CDL and CLP holders:

     Name
     Contact Information including physical address, phone
number(s) and email address
     Date of birth
     Current and previous CLP or CDL license number, state of
issuance, and expiration date
     Drug or alcohol test results and violation information
including employer name, address, and USDOT#, as applicable
     CMV driving eligibility status
     Driver Substance Abuse Professional (SAP) selection
including SAP name, address and phone number, as applicable
     Actual Knowledge Report Information, including violation
details, documentation to support the allegation and certificate of
service to the employee, as applicable
     Failure to appear and refusal to test detail information,
including documentation regarding notification of test requirement,
documentation of termination or resignation and certificate of service
to the employee, as applicable
     Return to duty (RTD) eligibility date and negative test
result. A negative RTD test result allows the driver to resume
operation of a CMV and other safety-sensitive functions

     Follow-up testing plan completion information
     Query information including who requested the query and
when the query was conducted
     Query consent information including the driver's approval
or refusal

    Information about MROs and SAPs as specified in Sec.  382.711(c) to
include:

     Contact information including name, email address, phone
number(s), office location addresses and applicable qualifications as
per 49 CFR part 40.

    Information about employers, designated agents and C/TPAs as
specified in Sec.  382.711(b) and Sec.  382.711(d) to include:

     Contact information including name, email address, phone
number(s), office location addresses
     USDOT #, as applicable

RECORD SOURCE CATEGORIES:
    Records are obtained from MROs for CLP or CDL holders who have
confirmed positive tests or test refusals. Motor carrier employers will
report actual knowledge of use, alcohol confirmation test results, or
test refusals. Records regarding completion of required RTD processes
are obtained from SAPs and employers. Records are obtained from
employers who request full query consent of drivers and the approval or
rejection of the consent from the drivers. Registration information
records are obtained from CLP and CDL holders, MROs, SAPs, employers,
and their designated agents when an authorized user registers for the
Clearinghouse and creates a new account or when updating previous
account information.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DOT as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    System Specific Routine Uses
    1. To Motor Carrier Safety Assistance Program (MCSAP) partner
agencies, for use during investigations, roadside inspections and
safety audits of motor carriers. This routine use will enable the MCSAP
agencies to enforce the current prohibition against operating a CMV, or
performing other safety-sensitive functions, due to drug and alcohol
program violations.
    2. To State Driver's Licensing Agency (SDLA), for the purposes of
verifying a driver's qualification to operate a CMV prior to completing
any licensing transactions, including issuance, renewal, transfer, or
upgrade of any a CLP or CDL (as mandated by 49 U.S.C. 31311(a)(24);
31306a(h)(2)).
    3. To the National Transportation Safety Board (NTSB), upon
request, when a driver is involved in a crash under investigation by
the NTSB (as mandated by 49 U.S.C. 31306a(i)).
Department General Routine Uses
    4. One or more records from a system of records may be disclosed
routinely to the National Archives and Records Administration (NARA) in
records management inspections being conducted under the authority of
44 U.S.C. 2904 and 2906.
    5. DOT may make available to another agency or instrumentality of
any government jurisdiction, including State and local governments,
listings of names from any system of records in DOT for use in law
enforcement activities, either civil or criminal, or to expose
fraudulent claims, regardless of the stated purpose for the collection
of the information in the system of records. These enforcement
activities are generally referred to as matching programs because two
lists of names are checked for match using automated assistance. This
routine use is advisory in nature and does not offer unrestricted
access to systems of records for such law enforcement and related
antifraud activities. Each request will be considered on the basis of
its purpose, merits, cost effectiveness and alternatives using
Instructions on reporting computer matching programs to the Office of
Management and Budget, OMB, Congress, and the public, published by the
Director, OMB, dated September 20, 1989.
    6. DOT may disclose records from this system, as a routine use, to
the Office of Government Information Services for the purpose of (a)
resolving disputes between FOIA requesters and Federal agencies and (b)
reviewing agencies' policies, procedures, and compliance in order to
recommend policy changes to Congress and the President.
    7. DOT may disclose records from the system, as a routine use, to
contractors and their agents, experts, consultants, and others
performing or working on a contract, service, cooperative agreement, or
other assignment for DOT, when necessary to accomplish an agency
function related to this system of records.
    8. DOT may disclose records from this system, as a routine use, to
an agency, organization, or individual for the purpose of performing
audit or oversight operations related to this system of records, but
only such records as are necessary and relevant to the audit or
oversight activity. This routine use does not apply to intra-agency
sharing authorized under Section (b)(1) of the Privacy Act.
    9. DOT may disclose from this system, as a routine use, records
consisting of, or relating to, terrorism information (6 U.S.C.
485(a)(5)), homeland security information (6 U.S.C. 482(f)(1)), or Law
enforcement information (Guideline 2 Report attached to White House
Memorandum, ``Information Sharing Environment'', November 22, 2006) to
a Federal, State, local, tribal, territorial, foreign government and/or
multinational agency, either in response to its request or upon the
initiative of the Component, for purposes of sharing such information
as is necessary and relevant for the agencies to detect, prevent,
disrupt, preempt, and mitigate the effects of terrorist activities
against the territory, people, and interests of the United States of
America, as contemplated by the Intelligence Reform and Terrorism
Prevention Act of 2004 (Pub. L. 108-458) and Executive Order 13388
(October 25, 2005).
    10. In the event that a system of records maintained by DOT to
carry out its functions indicates a violation or potential violation of
law, whether civil, criminal or regulatory in nature, and whether
arising by general statute or particular program pursuant thereto, the
relevant records in the system of records may be referred, as a routine
use, to the appropriate agency, whether Federal, State, local or
foreign, charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, or rule, regulation, or order issued pursuant thereto.
    11. A record from this system of records may be disclosed, as a
routine use, to a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement information or other pertinent
information, such as current licenses, if necessary to obtain
information relevant to a DOT decision concerning the hiring or
retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant or other
benefit.
    12. A record from this system of records may be disclosed, as a
routine use, to a Federal agency, in response to its request, in
connection with the hiring or retention of an employee, the issuance of
a security clearance, the reporting of an investigation of an employee,
the letting of a contract, or the issuance of a license, grant, or
other

benefit by the requesting agency, to the extent that the information is
relevant and necessary to the requesting agency's decision on the
matter.
    13. Routine Use for Agency Disclosure in Other Proceedings. It
shall be a routine use of records in this system to disclose them in
proceedings before any court or adjudicative or administrative body
before which DOT or any agency thereof, appears, when-- (a) DOT, or any
agency thereof, or (b) Any employee of DOT or any agency thereof in
his/her official capacity, or (c) Any employee of DOT or any agency
thereof in his/her individual capacity where DOT has agreed to
represent the employee, or (d) The United States or any agency thereof,
where DOT determines that the proceeding is likely to affect the United
States, is a party to the proceeding or has an interest in such
proceeding, and DOT determines that use of such records is relevant and
necessary in the proceeding, provided, however, that in each case, DOT
determines that disclosure of the records in the proceeding is a use of
the information contained in the records that is compatible with the
purpose for which the records were collected.
    14a. DOT may disclose records from the system, as a routine use to
appropriate agencies, entities, and persons when (1) DOT suspects or
has confirmed that there has been a breach of the system of records,
(2) DOT has determined that as a result of the suspected or confirmed
breach there is a risk of harm to individuals, DOT (including its
information systems, programs, and operations), the Federal Government,
or national security; and (3) the disclosure made to such agencies,
entities, and persons is reasonably necessary to assist in connection
with DOT's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm.
    14b. DOT may disclose records from the system, as a routine use to
another Federal agency or Federal entity, when DOT determines that
information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
    15. Routine Use for Disclosure for Use in Litigation. It shall be a
routine use of the records in this system of records to disclose them
to the Department of Justice or other Federal agency conducting
litigation when-- (a) DOT, or any agency thereof, or (b) Any employee
of DOT or any agency thereof, in his/her official capacity, or (c) Any
employee of DOT or any agency thereof, in his/her individual capacity
where the Department of Justice has agreed to represent the employee,
or (d) The United States or any agency thereof, where DOT determines
that litigation is likely to affect the United States, is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice or other Federal agency conducting
the litigation is deemed by DOT to be relevant and necessary in the
litigation, provided, however, that in each case, DOT determines that
disclosure of the records in the litigation is a use of the information
contained in the records that is compatible with the purpose for which
the records were collected.
    16. Disclosure may be made to a Congressional office from the
record of an individual in response to an inquiry from the
Congressional office made at the request of that individual. In such
cases, however, the Congressional office does not have greater rights
to records than the individual. Thus, the disclosure may be withheld
from delivery to the individual where the file contains investigative
or actual information or other materials which are being used, or are
expected to be used, to support prosecution or fines against the
individual for violations of a statute, or of regulations of the
Department based on statutory authority. No such limitations apply to
records requested for Congressional oversight or legislative purposes;
release is authorized under 49 CFR 10.35(9).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are stored electronically on a contractor-
maintained cloud storage service.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by the following data elements: CDL
holder's name, date of birth, license number, and state of issuance.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records will be retained and disposed of in accordance with the
records control schedule titled, ``Commercial Driver's License Drug and
Alcohol Clearinghouse'' approved by the NARA on July 23, 2019. The
record schedule requires retention for 5 years if the violation is
resolved and RTD is completed, after 5 years the records will be
transferred to a separate location for archiving for 6 years and then
the records will be destroyed. For records that have not had the RTD
process successfully completed will remain active in the Clearinghouse
for 70 years.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DOT automated
systems security and access policies. Appropriate controls have been
imposed to minimize the risk of compromising the information that is
being stored, and ensuring confidentiality of communications using
tools such as encryption, authentication of sending parties, and
compartmentalizing databases; and employing auditing software.
Clearinghouse data is encrypted at rest. In addition, the connection
between the database and the server is encrypted. Access to records in
this system is limited to those individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions. All personnel with access to
data are screened through background investigations commensurate with
the level of access required to perform their duties.

RECORD ACCESS PROCEDURES:
    Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request to the System Manager in writing in writing to the
address provided under ``System Manager and Address.'' Individuals may
also search the public docket at www.regulations.gov by their name.
    When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 49 CFR part 10. You must sign
your request, and your signature must either be notarized or submitted
under 28 U.S.C. 1746, a law that permits statements to be made under
penalty of perjury as a substitute for notarization. While no specific
form is required, you should provide the following:
     An explanation of why you believe the Department would
have information on you;
     Identify which component(s) of the Department you believe
may have the information about you;
     Specify when you believe the records would have been
created;

     Provide any other information that will help the FOIA
staff determine which DOT component agency may have responsive records;
and
    If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records. Without
this bulleted information, the component(s) may not be able to conduct
an effective search, and your request may be denied due to lack of
specificity or lack of compliance with applicable regulations.

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest the content of any record pertaining
to him or her in the system may contact the System Manager following
the Privacy Act procedures in 49 CFR part 10, subpart E, Correction of
Records.
    Drivers may request corrections in the accuracy of information in
their Clearinghouse record using procedures set forth in 49 CFR
382.717. Under these procedures, request for correction are limited to
inaccurately reported information, not the accuracy of test results or
refusals. Drivers may also request that the following information be
removed from their Clearinghouse record: An employer's report of actual
knowledge of use, based on a traffic citation for driving a CMV under
the influence of controlled substances or alcohol, if the citation did
not result in the driver's conviction; an employer's report of actual
knowledge of use, if the employer's report does not comply with
applicable documentation and notice requirements; or an employer's
report of a failure to appear test refusal, if the employer's report
does not comply with applicable documentation and notice requirements.
Drivers may submit their request for correction or removal
electronically through the Clearinghouse or in writing to FMCSA.
    Written requests for correction must conform with the Privacy Act
regulations set forth in 49 CFR part 10. You must sign your request,
and your signature must either be notarized or submitted under 28
U.S.C. 1746, a law that permits statements to be made under penalty of
perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Chief Freedom
of Information Officer, http://www.dot.gov/foia or<PHONE_NUMBER>.

NOTIFICATION PROCEDURES:
    Individuals seeking to contest the content of any record pertaining
to him or her in the system may contact the System Manager following
the procedures described in ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

    Issued in Washington, DC.
Claire W. Barrett,
Departmental Chief Privacy Officer.
[FR Doc. 2019-22915 Filed 10-21-19; 8:45 am]
 BILLING CODE 4910-9X-P


[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Notices]
[Pages 17206-17207]
[FR Doc No: 2023-05887]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC23-9-000]

Commission Information Collection Activity (FERC-600); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on a currently approved information
collection, FERC-600 (Rules of Practice and Procedure: Complaint
Procedures).

DATES: Comments on the collection of information are due May 22, 2023.

ADDRESSES: You may submit your comments (identified by Docket No. IC23-
9-000) on FERC-600 by one of the following methods:
    Electronic filing through https://www.ferc.gov is preferred.
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery:
    [cir] Mail via U.S. Postal Service Only: Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
    [cir] Hand (Including Courier) Delivery: Deliver to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: https://www.ferc.gov. For
user assistance, contact FERC Online Support by email at
[email protected], or by phone at<PHONE_NUMBER> (toll-free).
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at https://www.ferc.gov.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected], or by telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: FERC-600, Rules of Practice and Procedure: Complaint
Procedures.
    OMB Control No.: 1902-0180.
    Type of Request: Three-year extension without change of the current
information collection.
    Abstract: In accordance with 18 CFR 385.206, any person may file a
complaint seeking Commission action against any other person alleged to
be in violation of ``any statute, rule, order, or other law
administered by the Commission, or for any other alleged wrong over
which the Commission may have jurisdiction.'' Regulations at 18 CFR
part 343 provide for additional procedures and information collection
requirements for complaints and other filings that pertain to oil
pipelines under the Interstate Commerce Act.
    Type of Respondents: Any person that files a complaint for
Commission review and resolution.
    Estimate of Annual Burden: The Commission estimates the annual
public reporting burden \1\ and cost \2\ for the information collection
as shown in the following table:
---------------------------------------------------------------------------

    \1\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. For
further explanation of what is included in the information
collection burden, refer to 5 CFR 1320.3.
    \2\ The Commission staff thinks that the average respondent for
this collection is similarly situated to the Commission, in terms of
salary plus benefits. Based upon the Commission's 2022 average cost
for salary plus benefits, the average hourly cost is $91/hour.

                                             FERC-600--Rules of Practice and Procedure: Complaint Procedures
--------------------------------------------------------------------------------------------------------------------------------------------------------
                A.                          B.                     C.                       D.                    E.                       F.
Number of                            Annual number of  Total number of responses  Average burden hour    Total annual burden         Cost per respondent
respondents                                 responses      (Column A x Column B)   and cost per           hour and cost.           (Column E / Column A)
                                                                                response.             (Column C x Column
                                                                                D).
--------------------------------------------------------------------------------------------------------------------------------------------------------
62................................                  1                         62  160 hrs.; $14,560....  9,920 hrs.; $902,720                    $14,560
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: March 16, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-05887 Filed 3-21-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 31, 2010 (Volume 75, Number 61)]
[Notices]
[Page 16090]
[DOCID:fr31mr10-50]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Project No. 11910-004]

Symbiotics, LLC; AG Hydro, LLC; Notice of Application for
Transfer of License, and Soliciting Comments and Motions To Intervene

March 24, 2010.
    On March 8, 2010, Symbiotics, LLC (transferor) and AG Hydro, LLC
(transferee) filed an application for transfer of license of the
Applegate Dam Project, located on the Applegate River in Jackson
County, Oregon.
    Applicants seek Commission approval to transfer the license for the
Applegate Dam from the transferor to the transferee.
    Applicant Contact: For both the transferor and transferee is Mr.
Brent Smith, 4110 East 300 North, P.O. Box 535, Rigby, ID 83442, phone
(208) 745-0834.
    FERC Contact: Robert Bell,<PHONE_NUMBER>.
    Deadline for filing comments and motions to intervene: 30 days from
the issuance of this notice. Comments and motions to intervene may be
filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii)(2008) and the instructions on the Commission's Web
site under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the eLibrary link of the Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
11910-004) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-7143 Filed 3-30-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Rules and Regulations]
[Pages 78303-78304]
[FR Doc No: 2014-30449]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-1036]

Drawbridge Operation Regulation; Northeast Cape Fear River,
Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Isabel S. Holmes Bridge, mile 1.0,
across the Northeast Cape Fear River, at Wilmington, NC. The deviation
restricts the operation of the draw span to facilitate mechanical
repairs to the main breaker of the bridge.

DATES: This deviation is effective from 8 a.m. on February 9, 2015 to 8
p.m. on February 10, 2015.

ADDRESSES: The docket for this deviation, [USCG-2014-1036] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on the Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility (in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or

email Mrs. Kashanda L. Booker, Bridge Management Specialist, Fifth
District, Coast Guard, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Cheryl Collins, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The North Carolina Department of
Transportation, who owns and operates this double-leaf bascule bridge,
has requested a temporary deviation from the current operating
regulations set out in 33 CFR 117.829(a), to facilitate mechanical
repair to the main breaker of the bridge. The removal and replacement
of this breaker will involve removing power completely from the bridge
to ensure a safe working condition.
    In the closed position to vessels, the Isabel S. Holmes Bridge has
a vertical clearance of 42 feet above mean high water. Under this
temporary deviation, the drawbridge will be closed to vessels requiring
an opening from 8 a.m. on February 9, 2015 until 8 p.m. on February 10,
2015.
    Vessels that can pass under the drawbridge without an opening may
do so at all times. There are no alternate routes for vessels
transiting this section of the Northeast Cape Fear River. The
drawbridge will be unable to open in the event of an emergency. The
Coast Guard will also inform the users of the waterways through Local
and Broadcast Notices to Mariners of the change in operating schedule
for the bridge so that vessels can arrange their transits to minimize
any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: December 16, 2014.
James. L. Rousseau,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2014-30449 Filed 12-29-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Rules and Regulations]
[Pages 69663-69666]
[FR Doc No: 2016-24343]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2016-9224; Special Conditions No. 23-277-SC]

Special Conditions: Beechcraft, Model A36, Bonanza Airplanes; as
Modified by Avionics Design Services, Ltd.; Installation of
Rechargeable Lithium Battery

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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

SUMMARY: These special conditions are issued for the Beechcraft, Model
A36, Bonanza airplane. This airplane, as modified by Avionics Design
Services, Ltd., will have a novel or unusual

design feature associated with the use of a replacement option of a
lithium battery instead of nickel-cadmium and lead-acid rechargeable
batteries. The applicable airworthiness regulations do not contain
adequate or appropriate safety standards for this design feature. These
special conditions contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

DATES: The effective date of these special conditions is October 7,
2016.
    We must receive your comments by November 21, 2016.

ADDRESSES: Send comments identified by docket number FAA-2016-9224
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC, 20590-0001.
     Hand Delivery of Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://regulations.gov, including any personal information
the commenter provides. Using the search function of the docket Web
site, anyone can find and read the electronic form of all comments
received into any FAA docket, including the name of the individual
sending the comment (or signing the comment for an association,
business, labor union, etc.). DOT's complete Privacy Act Statement can
be found in the Federal Register published on April 11, 2000 (65 FR
19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Quentin Coon, Federal Aviation
Administration, Aircraft Certification Service, Small Airplane
Directorate, ACE-112, 901 Locust, Room 301, Kansas City, MO; telephone
(816) 329-4168; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice and
opportunity for prior public comment hereon are impracticable because
these procedures would significantly delay issuance of the approval
design and thus delivery of the affected aircraft. In addition, the FAA
has determined, in accordance with 5 U.S. C. 553(b)(3)(B) and
553(d)(3), that notice and opportunity for prior public comment hereon
are unnecessary because the substance of these special conditions has
been subject to the public comment process in several prior instances
with no substantive comments received. The FAA therefore finds that
good cause exists for making these special conditions effective upon
issuance.

------------------------------------------------------------------------
         Special conditions No.               Company/airplane model
------------------------------------------------------------------------
23-15-01-SC \1\........................  Kestrel Aircraft Company/Model
                                          K-350.
23-09-02SC \2\.........................  Cessna Aircraft Company/Model
                                          525C (CJ4).
23-08-05-SC \3\........................  Spectrum Aeronautical, LLC/
                                          Model 40.
------------------------------------------------------------------------

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data. We ask
that you send us two copies of written comments.
---------------------------------------------------------------------------

    \1\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/39B156C006EB842E86257EF3004BB13C?OpenDocument&Highlight=installation%20of%20rechargeable%20lithium%20battery.
    \2\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/902232309C19F0D4862575CB0045AC0D?OpenDocument&Highlight=installation%20of%20rechargeable%20lithium%20battery.
    \3\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/28E630294DCC27B986257513005968A3?OpenDocument&Highlight=installation%20of%20rechargeable%20lithium%20battery.
---------------------------------------------------------------------------

    We will consider all comments we receive on or before the closing
date for comments. We will consider comments filed late if it is
possible to do so without incurring expense or delay. We may change
these special conditions based on the comments we receive.

Background

    On September 17, 2015, Avionics Design Services, Ltd., (Avionics)
applied for a supplemental type certificate (STC) to install a
rechargeable lithium battery on the Model A36 Bonanza airplane. The
Model A36 airplane is a normal category airplane, powered by a single-
piston engine that drives an aircraft propeller, with passenger seating
up to six (6) and a maximum takeoff weight of 3600 pounds.
    The current regulatory requirements for part 23 airplanes do not
contain adequate requirements for the application of rechargeable
lithium batteries in airborne applications. This type of battery
possesses certain failure and operational characteristics with
maintenance requirements that differ significantly from that of the
nickel-cadmium (Ni-Cd) and lead-acid rechargeable batteries currently
approved in other normal, utility, acrobatic, and commuter category
airplanes. Therefore, the FAA is proposing this special condition to
address (1) all characteristics of the rechargeable lithium batteries
and their installation that could affect safe operation of the modified
Model A36 airplane, and (2) appropriate Instructions for Continued
Airworthiness (ICAW) that include maintenance requirements to ensure
the availability of electrical power from the batteries when needed.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (CFR)
21.101, Avionics must show that the Model A36 airplane, as changed,
continues to meet the applicable provisions of the regulations
incorporated by reference in Type Certificate Data Sheet No. 3A15 \4\
or the applicable regulations in effect on the date of application for
the change.
---------------------------------------------------------------------------

    \4\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgMakeModel.nsf/0/360C62B668F4C1878625801B0069FB5F?OpenDocument.
---------------------------------------------------------------------------

    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 23) do not contain adequate or
appropriate safety standards for the Model A36 airplane because of a
novel or unusual design feature, special conditions are prescribed
under the provisions of Sec.  21.16.
    In addition to the applicable airworthiness regulations and special
conditions, the Model A36 airplane must comply with the fuel vent and
exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in Sec.  11.19, under
Sec.  11.38 and they become part of the type certification basis under
Sec.  21.101.
    Special conditions are initially applicable to the models for which
they

are issued. Should the applicant apply for an STC to modify any other
model included on the same type certificate to incorporate the same
novel or unusual design feature, these special conditions would also
apply to the other model under Sec.  21.101.

Novel or Unusual Design Features

    The Beechcraft Model A36 airplane will incorporate the following
novel or unusual design features:
    The installation of a rechargeable lithium battery as a main or
engine start aircraft battery.

Discussion

    The applicable part 23 airworthiness regulations governing the
installation of batteries in general aviation airplanes, including
Sec.  23.1353, were derived from Civil Air Regulations (CAR) 3 as part
of the recodification that established 14 CFR part 23. The battery
requirements, which are identified in Sec.  23.1353, were a rewording
of the CAR requirements that did not add any substantive technical
requirements. An increase in incidents involving battery fires and
failures that accompanied the increased use of Ni-Cd batteries in
aircraft resulted in rulemaking activities on the battery requirements
for small airplanes. These regulations were incorporated into Sec.
23.1353(f) and (g), which apply only to Ni-Cd battery installations.
    The introduction of lithium batteries into aircraft raises some
concern about associated battery or cell monitoring systems and the
impact to the electrical system when monitoring components fail.
Associated battery or cell monitoring systems (e.g., temperature, state
of charge, etc.) should be evaluated with respect the expected extremes
in the aircraft operating environment.
    Lithium batteries typically have different electrical impedance
characteristics than Ni-Cd or lead-acid batteries. Avionics needs to
evaluate other components of the aircraft electrical system with
respect to these characteristics.
    Presently, there is limited experience with use of rechargeable
lithium batteries and rechargeable lithium battery systems in
applications involving commercial aviation. However, other users of
this technology, ranging from personal computers, wireless telephone
manufacturers to the electric vehicle industry, have noted safety
problems with rechargeable lithium batteries. These problems include
overcharging, over-discharging, flammability of cell components, cell
internal defects, and during exposure to extreme temperatures that are
described in the following paragraphs.
    1. Overcharging: In general, rechargeable lithium batteries are
significantly more susceptible than their Ni-Cd or lead-acid
counterparts to thermal runway, which is an internal failure that can
result in self-sustaining increases in temperature and pressure. This
is especially true for overcharging which causes heating and
destabilization of the components of the cell, leading to the formation
(by plating) of highly unstable metallic lithium. The metallic lithium
can ignite, resulting in a self-sustaining fire or explosion. Finally,
the severity of thermal runaway due to overcharging increases with
increasing battery capacity due to the higher amount of electrolyte in
large batteries.
    2. Over-discharging: Discharge of some types of rechargeable
lithium battery cells beyond the manufacturer's recommended
specification can cause corrosion of the electrodes of the cell,
resulting in loss of battery capacity that cannot be reversed by
recharging. This loss of capacity may not be detected by the simple
voltage measurements commonly available to flight crews as a means of
checking battery status--a problem shared with Ni-Cd batteries. In
addition, over-discharging has the potential to lead to an unsafe
condition (creation of dendrites that could result in internal short
circuit during the recharging cycle).
    3. Flammability of Cell Components: Unlike Ni-Cd and lead-acid
batteries, some types of rechargeable lithium batteries use liquid
electrolytes that are flammable. The electrolyte can serve as a source
of fuel for an external fire, if there is a breach of the battery
container.
    4. Cell Internal Defects: The rechargeable lithium batteries and
rechargeable battery systems have a history of undetected cell internal
defects. These defects may or may not be detected during normal
operational evaluation, test and validation. This may lead to an unsafe
condition during in service operation.
    5. Extreme Temperatures: Exposure to an extreme temperature
environment has the potential to create major hazards. Care must be
taken to ensure that the lithium battery remains within the
manufacturer's recommended specification.
    These problems experienced by users of lithium batteries raise
concern about the use of lithium batteries in aviation. The intent of
the proposed special condition is to establish appropriate
airworthiness standards for lithium battery installations in the Model
A36 airplanes and to ensure, as required by Sec. Sec.  23.1309 and
23.601, that these battery installations are not hazardous or
unreliable.

Applicability

    The special conditions are applicable to the Model A36 airplane.
Should Avionics apply at a later date for an STC to modify any other
model included on Type Certificate No. 3A15, to incorporate the same
novel or unusual design feature, the special conditions would apply to
that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on the Model A36 airplane. It is not a rule of general applicability
and affects only the applicant who applied to the FAA for approval of
these features on the airplane.
    The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the subject contained herein. Therefore, notice and opportunity
for prior public comment hereon are unnecessary and the FAA finds good
cause, in accordance with 5 U.S. Code Sec. Sec.  553(b)(3)(B) and
553(d)(3), making these special conditions effective upon issuance. The
FAA is requesting comments to allow interested persons to submit views
that may not have been submitted in response to the prior opportunities
for comment described above.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

Citation

0
The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and
21.101; and 14 CFR 11.38 and 11.19.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the supplemental type certification basis for Beechcraft, Model A36
airplanes modified by Avionics Design Services, Ltd.

1. Installation of Lithium Battery

    The FAA adopts that the following special conditions be applied to
lithium battery installations on the Model A36 airplanes in lieu of the
requirements Sec.  23.1353(a)(b)(c)(d)(e), amendment 49.

    Lithium battery installations on the Model A36 airplanes must be
designed and installed as follows:
    a. Safe cell temperatures and pressures must be maintained during
any probable charging or discharging condition, or during any failure
of the charging or battery monitoring system not shown to be extremely
remote. The lithium battery installation must be designed to preclude
explosion or fire in the event of those failures.
    b. Lithium batteries must be designed to preclude the occurrence of
self-sustaining, uncontrolled increases in temperature or pressure.
    c. No explosive or toxic gasses emitted by any lithium battery in
normal operation or as the result of any failure of the battery
charging or monitoring system, or battery installation not shown to be
extremely remote, may accumulate in hazardous quantities within the
airplane.
    d. Lithium batteries that contain flammable fluids must comply with
the flammable fluid fire protection requirements of 14 CFR 23.863(a)
through (d).
    e. No corrosive fluids or gases that may escape from any lithium
battery may damage airplane structure or essential equipment.
    f. Each lithium battery installation must have provisions to
prevent any hazardous effect on structure or essential systems that may
be caused by the maximum amount of heat the battery can generate during
a short circuit of the battery or of its individual cells.
    g. Lithium battery installations must have--
    (1) A system to control the charging rate of the battery
automatically to prevent battery overheating or overcharging, or
    (2) A battery temperature sensing and over-temperature warning
system with a means for automatically disconnecting the battery from
its charging source in the event of an over-temperature condition or,
    (3) A battery failure sensing and warning system with a means for
automatically disconnecting the battery from its charging source in the
event of battery failure.
    h. Any lithium battery installation functionally required for safe
operation of the airplane, must incorporate a monitoring and warning
feature that will provide an indication to the appropriate flight
crewmembers, whenever the capacity and state of charge of the batteries
have fallen below levels considered acceptable for dispatch of the
airplane.
    i. The ICAW must contain recommended manufacturer's maintenance and
inspection requirements to ensure that batteries, including single
cells, meet a functionally safe level essential to the aircraft's
continued airworthiness.
    (1) The ICAW must contain operating instructions and equipment
limitations in an installation maintenance manual.
    (2) The ICAW must contain installation procedures and limitations
in a maintenance manual, sufficient to ensure that cells or batteries,
when installed according to the installation procedures, still meet
safety functional levels essential to the aircraft's continued
airworthiness. The limitations must identify any unique aspects of the
installation.
    (3) The ICAW must contain corrective maintenance procedures to
check battery capacity at manufacturer's recommended inspection
intervals.
    (4) The ICAW must contain scheduled servicing information to
replace batteries at manufacturer's recommended replacement time.
    (5) The ICAW must contain maintenance and inspection requirements
how to check visually for battery and charger degradation.
    j. Batteries in a rotating stock (spares) that have degraded charge
retention capability or other damage due to prolonged storage must be
checked at manufacturer's recommended inspection intervals.
    k. If the lithium battery application contains software and/or
complex hardware, in accordance with AC 20-115 \5\ and AC 20-152,\6\
they should be developed to the standards of DO-178 for software and
DO-254 for complex hardware.
---------------------------------------------------------------------------

    \5\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/0/E35FBC0060E2159186257BBE00719FB3?OpenDocument&Highlight=ac%2020-115b.
    \6\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/0/6D4AE0BF1BDE3579862570360055D119?OpenDocument&Highlight=ac%2020-152.
---------------------------------------------------------------------------

    Compliance with the requirements of this Special Condition must be
shown by test or analysis, with the concurrence of the New York
Aircraft Certification Office.

    Issued in Kansas City, Missouri on September 28, 2016.
William Schinstock,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-24343 Filed 10-6-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: March 5, 2010 (Volume 75, Number 43)]
[Notices]
[Page 10236-10237]
[DOCID:fr05mr10-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No 2

February 2, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:
    Docket Numbers: RP91-143-060.
    Applicants: Great Lakes Gas Transmission LP.
    Description: Great Lakes Gas Transmission's Revenue Sharing Report
from November 2008 to October 2009.
    Filed Date: 01/15/2010.
    Accession Number: 20100115-5125.
    Comment Date: 5 p.m. Eastern Time on Friday, February 5, 2010.

    Docket Numbers: RP04-274-021.
    Applicants: Kern River Gas Transmission Company.
    Description: Kern River Gas Transmission Company submits part of
its FERC Gas Tariff, Second Revised Volume 1.
    Filed Date: 01/29/2010.
    Accession Number: 20100201-0211.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 10, 2010.

    Docket Numbers: RP09-427-003.
    Applicants: Southern Natural Gas Company.
    Description: Southern Natural Gas Company submits Twenty-First
Revised Sheet 2 et al. to its FERC Gas Tariff, Seventh Revised Volume 1
to be effective 3/1/10.
    Filed Date: 01/29/2010.
    Accession Number: 20100201-0210.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 10, 2010.

    Docket Numbers: RP09-89-001.
    Applicants: CenterPoint Energy Gas Transmission Company.
    Description: CenterPoint Energy Gas Transmission Company submits
report of activities during the first year of service under Rate
Schedule EFT.
    Filed Date: 01/29/2010.
    Accession Number: 20100129-0213.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 10, 2010.

    Docket Numbers: RP09-995-002.
    Applicants: Sea Robin Pipeline Company, LLC.
    Description: Sea Robin Pipeline Company, LLC submits a motion to
place Second Revised Sheet 2 et al., to be effective 3/1/10/.
    Filed Date: 01/29/2010.
    Accession Number: 20100129-0202.
    Comment Date: 5 p.m. Eastern Time on Wednesday, February 10, 2010.

    Docket Numbers: RP10-141-001.
    Applicants: T.W. Phillips Pipeline Corporation.

    Description: TW Phillips Pipeline Corp submits First Revised Sheet
No 2 et al. to FERC Gas Tariff, Original Volume No 1, to be effective
January 1, 2010.
    Filed Date: 01/19/2010.
    Accession Number: 20100120-0202.
    Comment Date: 5 p.m. Eastern Time on Friday, February 5, 2010.

    Docket Numbers: RP10-160-002.
    Applicants: Kern River Gas Transmission Company.
    Description: Kern River Gas Transmission Company submits Substitute
Fourth Revised Sheet No 107 et al. to FERC Gas Tariff, Second Revised
Volume No 1, to be effective 12/19/09.
    Filed Date: 01/19/2010.
    Accession Number: 20100120-0203.
    Comment Date: 5 p.m. Eastern Time on Friday, February 5, 2010.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing 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. Such protests
must be filed on or before 5 p.m. Eastern Time on the specified comment
date. Anyone filing a protest must serve a copy of that document on all
the parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons
unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive 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>.

Nathaniel J. Davis,
Deputy Secretary.
[FR Doc. 2010-4634 Filed 3-4-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 25, 2007 (Volume 72, Number 16)]
[Proposed Rules]
[Page 3377-3379]
[DOCID:fr25ja07-20]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2006-0716; FRL-8273-2]

Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Exemption From VOC Requirements for Sources Subject to the
National Emission Standards for Hazardous Air Pollutants for Boat
Manufacturing or Reinforced Plastics Composites Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On July 17, 2006, the Indiana Department of Environmental
Management (IDEM) submitted an amendment to its volatile organic
compound (VOC) rules for new facilities for approval into the Indiana
State Implementation Plan (SIP). This amended rule exempts facilities
subject to the boat manufacturing and reinforced plastics composites
production national emission standards for hazardous air pollutants
(NESHAPS) from the Indiana SIP. This rule revision is approvable
because the hazardous air pollutant covered by these NESHAPS rules is
styrene, which is always used and is also a VOC. Therefore, the VOC
control requirements in these rules are always applicable. In addition,
the provisions in these rules are enforceable and result in a clearly
defined level of VOC reductions dependent upon the specific type of
operation.

DATES: Comments must be received on or before February 26, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0716, by one of the following methods:

    1. http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2006-0716. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.

The http://www.regulations.gov Web site is an ``anonymous access'' system,

which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
instructions on submitting comments, go to Section I of the
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental Protection

Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30 AM
to 4:30 PM, Monday through Friday, excluding legal holidays. We
recommend that you telephone Steven Rosenthal at<PHONE_NUMBER> before
visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:

I. What Should I Consider as I Prepare My Comments for EPA?
II. What Is the Purpose and Background for This Action?
III. What Is EPA's Analysis of Indiana's Rule Amendment?
IV. What Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews

I. What Should I Consider as I Prepare My Comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    2. Follow directions--The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    8. Make sure to submit your comments by the comment period deadline
identified.

II. What Is the Purpose and Background for This Action?

    Currently, new facilities not regulated by a provision in 326 IAC
Article 8 (Indiana's VOC Rules) and which have potential emissions of
25 tons or more per year of VOC are required to reduce VOC emissions by
using best available control technology (BACT) under 326 IAC 8-1-6 (new
facilities: general reduction requirements). Establishing BACT is a
case-by-case determination based on the maximum reduction that is
technically feasible, while taking into account energy, environmental
and economic impact. Establishing specific standards in place of case-
by-case analyses improves the clarity, predictability, and timeliness
of permit decisions that are currently subject to 326 IAC 8-1-6.
    Styrene is classified as both a hazardous air pollutant (HAP) and a
VOC and is the predominant regulated air pollutant from sources subject
to 326 IAC 20-48, which incorporates by reference 40 CFR part 63,
Subpart VVVV (Boat manufacturing), and 326 IAC 20-56, which
incorporates by reference 40 CFR part 63, Subpart WWWW (Reinforced
Plastics Composites production). Numerous case-by-case BACT analyses
for sources subject to 326 IAC 20-48 or 326 IAC 20-56 have been
submitted to, and approved by, IDEM. These analyses establish that the
emission limitation in the applicable NESHAP satisfies the requirement
for BACT. However, 326 IAC 8-1-6 requires the applicant to compile the
energy, environmental, and economic analyses of alternative controls,
and IDEM staff must review and approve those analyses. For sources
subject to 326 IAC 20-48 or 326 IAC 20-56, this rulemaking will reduce
the administrative burden for both the applicant and IDEM, since
compliance with the applicable NESHAPS will assure that BACT
requirements have been addressed and met.
    Therefore, in order to make its BACT process more efficient, on
July 17, 2006, Indiana submitted exemptions to its new facilities,
general reduction requirements rule in 326 IAC 8-1-6.

III. What Is EPA's Analysis of Indiana's Rule Amendment?

    This rule revision is approvable because the Hazardous Air
Pollutant (styrene) covered by these NESHAPS

rules is a VOC, and the provisions in these rules are enforceable and
result in specified VOC reductions dependent upon the specific type of
operation.

IV. What Action Is EPA Taking Today?

    EPA is proposing to approve Indiana's amendment to its SIP
consisting of an amendment to 326 IAC 8-1-6, new facilities; general
reduction requirements. This rule exempts boat manufacturers subject to
326 IAC 20-48, NESHAPS for boat manufacturing, or reinforced plastics
composites manufacturers subject to 326 IAC 20-56, NESHAPS for
reinforced plastics composites production facilities, from the
requirement to do a BACT analysis, for the purposes of 326 IAC 8-1-6,
provided they comply with the applicable NESHAPS.
    However, any approval of this exemption to 326 IAC 8-1-6 would not
address (or take action on) whether the boat manufacturing or
reinforced plastics composites production NESHAPS represent reasonably
available control technology, which is the level of control required by
EPA for existing sources in ozone nonattainment areas. In addition, any
approval would not address (or take action on) whether these NESHAPS
regulations satisfy BACT as required by 326 IAC 2-2 (prevention of
significant deterioration) or lowest achievable emission rate as
required by 326 IAC 2-3 (nonattainment new source review).

VI. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, September 30, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget.

Paperwork Reduction Act

    This proposed rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).

Regulatory Flexibility Act

    This proposed action merely proposes to approve state law as
meeting Federal requirements and imposes no additional requirements
beyond those imposed by State law. Accordingly, the Administrator
certifies that this proposed rule will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act

    Because this rule proposes to approve pre-existing requirements
under State law, and does not impose any additional enforceable duty
beyond that required by State law, it does not contain any unfunded
mandate or significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

Executive Order 13132: Federalism

    This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely proposes to approve a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act.

Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments

    This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).

Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks

    This proposed rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.

Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use

    Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant regulatory action,'' this
action is also not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001).

National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), 15 U.S.C. 272, requires Federal agencies to use
technical standards that are developed or adopted by voluntary
consensus to carry out policy objectives, so long as such standards are
not inconsistent with applicable law or otherwise impractical. In
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the Clean Air Act. Absent a
prior existing requirement for the State to use voluntary consensus
standards, EPA has no authority to disapprove a SIP submission for
failure to use such standards, and it would thus be inconsistent with
applicable law for EPA to use voluntary consensus standards in place of
a program submission that otherwise satisfies the provisions of the
Clean Air Act. Therefore, the requirements of section 12(d) of the NTTA
do not apply.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: January 18, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
 [FR Doc. E7-1099 Filed 1-24-07; 8:45 am]

BILLING CODE 6560-50-P