[Federal Register: August 7, 2008 (Volume 73, Number 153)]
[Proposed Rules]
[Page 45929-45935]
[DOCID:fr07au08-28]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 356, 365, and 374

[Docket No. FMCSA-2008-0235]
RIN 2126-AB16

Elimination of Route Designation Requirement for Motor Carriers
Transporting Passengers Over Regular Routes

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

ACTION: Notice of proposed rulemaking (NPRM); request for comments.

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SUMMARY: FMCSA proposes to discontinue its current requirement that
applicants seeking authority to transport passengers over regular
routes submit a detailed description and a map of the route(s) over
which they propose to operate. The Agency would register such carriers
as regular-route carriers without requiring designation of specific
regular routes and fixed end-points. Once these regular-route motor
carriers have obtained operating authority from FMCSA, they would no
longer need to seek additional FMCSA approval in order to change or add
routes. By eliminating the need to file and process multiple requests
concerning routes, the Agency believes this action will decrease the
paperwork burden on regular-route motor carriers seeking to expand or
change their routes without compromising safety. It will also decrease
the Agency's own paperwork burden. Each registered regular-route motor
carrier of passengers would continue to be subject to the full safety
oversight and enforcement program of FMCSA and its State and local
partners.

DATES: FMCSA must receive your comments by September 22, 2008.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System Number in the heading of this document by any of the
following methods. Do not submit the same comments by more than one
method. The Federal eRulemaking portal is the preferred method for
submitting comments, and we urge you to use it.
    Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting comments. In the Comment
or Submission section, type Docket ID Number ``FMCSA-2008-0235'',
select ``Go'', and then click on ``Send a Comment or Submission.'' You
will receive a tracking number when you submit a comment.
    Telefax: 1-202-493-2251.
    Mail, Courier, or Hand-Deliver: Docket Management Facility, U.S.
Department of Transportation, Room W12-140, 1200 New Jersey Avenue,
SE., Washington, DC 20590-0001. Office hours are between 9 a.m. and 5
p.m., E.T., Monday through Friday, except Federal holidays.
    Privacy Act: Regardless of the method used for submitting comments,
all comments will be posted without change to the Federal Docket
Management System (FDMS) at http://www.regulations.gov. Anyone can
search the electronic form of all our dockets in FDMS, by the name of
the individual submitting the comment (or signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
DOT's complete Privacy Act Statement was published in the Federal
Register on April 11, 2000 (65 FR 19476), and can be viewed at the URL
http://docketsinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. David Miller, Regulatory
Development Division,<PHONE_NUMBER> or by e-mail at:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This section is organized as follows:

I. Description of the Rulemaking
II. Legal Basis for the Rulemaking
III. Background
    A. Introduction
    B. Impact on State Regulation of Intrastate Regular-Route
Transportation by Interstate Carriers
    C. Registration of Governmental Entities Providing Interstate
Regular-Route Transportation
IV. The Proposed Rule
V. Other Approaches Considered
VI. Regulatory Analyses and Notices

I. Description of the Rulemaking

    FMCSA is discontinuing the administrative requirement that motor
carriers must describe specific routes when seeking authority to
provide regular-route transportation of passengers in interstate
commerce. Except for carriers who are public recipients of governmental
assistance, regular-route passenger carriers will be registered as such
without any specific route designations. Carriers currently holding
route-specific operating authority will be issued motor carrier
certificates of registration that are not route-specific which will
supersede their existing authority.
    Designation of regular routes is no longer required by statute and
discontinuing this requirement will streamline the registration process
by eliminating the need for motor carriers to file new applications
when seeking to change or expand their routes. It will also benefit new
entrants by simplifying the application for operating authority.
Designation of regular routes is an administrative requirement based on
economic regulation which is considered to have limited safety benefits
to the public or the transportation community.
    However, the Agency will continue to require public recipients of
governmental assistance to designate specific routes when applying for
regular-route authority because its governing statute permits persons
to challenge specific regular-route transportation service provided by
public entities on the ground that authorizing such service is not
consistent with the public interest. Eliminating the route designation
requirement would prevent the Agency from evaluating proposed
transportation services under the public interest standard, in
violation of its statutory mandate.
    This rulemaking amends several FMCSA regulations that reference
authorized routes or points of service in order to make them consistent
with the

Agency's discontinuation of the route designation requirement. The OP-
1(P) application form would also be changed to eliminate the current
route-designation and mapping requirements.

II. Legal Basis for the Rulemaking

    Regular-route passenger service predates the Motor Carrier Act of
1935 (MCA) (Pub. L. 74-255, 49 Stat. 543, Aug. 9, 1935). The MCA, which
placed interstate motor carriers under Federal regulation for the first
time, authorized the Interstate Commerce Commission (ICC) to regulate
motor carriers by, among other things, issuing certificates of
operating authority to motor carriers of property and passengers
operating in interstate commerce. Many motor carriers providing
regular-route service before 1935 received ``grandfathered'' operating
authority in the MCA. Section 207(a) of the MCA stated that ``no
certificate shall be issued to any common carrier of passengers for
operations over other than a regular route or regular routes, and
between fixed termini [end-points], except as such carriers may be
authorized to engage in special or charter operations.'' Section 208(a)
required that certificates issued to regular-route passenger carriers
specify the routes, end-points, and intermediate points to be served
under the certificate. Section 208(b) permitted occasional deviations
from authorized routes, if permitted by ICC regulations. The ICC did
not issue regulations codifying sections 207(a) and 208(a) of the MCA,
although it did permit minor deviations from authorized routes in rules
now codified at 49 CFR 356.3.
    The above MCA provisions were recodified without substantive change
as 49 U.S.C. 10922(f)(1)-(3); however, the provisions were then
repealed by the ICC Termination Act of 1995 (ICCTA) (Pub. L. 104-88,
109 Stat. 888, Dec. 29, 1995). As discussed later in this preamble,
section 103 of the ICCTA amended subtitle IV of title 49, United States
Code, including section 10922 of title 49. In particular, the ICCTA
retained some of the former registration requirements of section 10922
applicable to regular-route passenger carriers but eliminated many
others, including sections 10922(f)(1)-(3). Consequently, the Agency is
no longer required to issue operating authority to regular-route
passenger carriers specifying routes and fixed end-points. However, the
Agency has continued to require applicants seeking regular-route
authority to submit maps and a detailed description of proposed
operating route(s) as attachments to the Form OP-1(P) application.
    The Agency is proposing to discontinue this requirement and amend
its regulations and Form OP-1(P) to reflect the change in statute,
i.e., it would no longer require carriers to specify, in applications
for regular-route operating authority, the routes, end-points, and
intermediate points to be served. Under 49 U.S.C. 13301(a), the
Secretary of Transportation (Secretary) may prescribe regulations to
carry out title 49, subtitle IV, part B, which includes registration
requirements for motor carriers transporting passengers in interstate
commerce for compensation. The Secretary has delegated this authority
to the Administrator of FMCSA under 49 CFR 1.73(a).

III. Background

A. Introduction

    FMCSA currently registers for-hire passenger carriers in two
distinct operational categories: (1) Carriers providing service over
regular routes, and (2) carriers providing charter and special
transportation. Regular-route carriers perform regularly scheduled
service over named roads or highways. Applicants seeking regular-route
authority must currently submit a ``detailed narrative description of
the route(s) and a corresponding map that graphically displays the path
of the route'' over which they propose to operate. If a carrier
proposes to add routes to its operating system, it must file a new
application in order to do so. A carrier is not limited in the number
of routes it may include in any particular application.
    The route descriptions submitted by an applicant are published in
the FMCSA Register (see http://li-public.fmcsa.dot.gov/LIVIEW/pkg_
menu.prc_ menu). Interested parties may file protests to an
application within 10 days of publication. The Agency must deny the
application if a protest or information independently developed by the
Agency demonstrates that the applicant is not willing and able to
comply with the Agency's safety fitness requirements or with the
applicable commercial, safety, or financial responsibility regulations
(49 CFR parts 356 through 396). As discussed later, a protesting party
may object to a regular-route application filed by a public recipient
of governmental assistance on the additional ground that the
transportation proposed is not in the public interest.
    As of July 2008, there were 272 active regular-route carriers in
FMCSA's Licensing and Insurance database. In 2007, FMCSA received 94
applications for regular-route authority from new entrants and 34
applications from registered motor carriers of passengers with existing
regular-route authority. The number of protests received is generally
very small; they averaged one per year between 2003 and 2007.
    FMCSA believes its current requirement for route designation no
longer serves a useful purpose. Congress enacted the statutory
requirement in the MCA primarily to protect existing carriers, serving
a particular route, from competition. Subsequent legislative changes,
including those in the ICCTA, have limited the ability of existing
carriers to protest applications based on economic grounds. If Congress
believed the requirement for route designation served a useful purpose,
it presumably would have retained the requirement in the ICCTA, as it
did with numerous other provisions of the former Interstate Commerce
Act.
    The requirement that regular-route carriers file new applications
when seeking to expand or change routes is not based on motor carrier
safety considerations--it is grounded in economic regulation.
Eliminating the multiple application requirement would not have an
adverse impact on safety because the motor carriers will still be
required to comply with all applicable safety rules. New entrants would
still be subject to the ``fitness standard,'' and existing regular-
route passenger carriers would be treated the same as property carriers
and passenger carriers that provide charter and special transportation.
These latter carriers normally receive nationwide operating authority
and generally need file only a single application in order to provide
interstate transportation. Potential safety problems are generally
determined through new entrant safety audits, compliance reviews, or
roadside inspections, and are addressed through the Agency's
enforcement program. The Agency believes there is no reason for
regular-route passenger carriers to be treated differently from other
carriers to ensure their compliance with the Federal Motor Carrier
Safety Regulations.
    Each new entrant regular-route motor carrier of passengers is
subject to the full safety oversight and enforcement programs of the
FMCSA and its State and local partners. As required by 49 U.S.C. 31144,
FMCSA determines whether each owner and operator is fit to operate
safely. This section requires each owner and operator granted operating
authority to undergo a new entrant safety audit within 18 months of
starting operations. These new entrant

safety audits identify new motor carriers that are operating in
violation of FMCSA regulations and, therefore, may have a high risk of
causing crashes that could result in fatalities, injuries, and property
damage. The safety audit process in 49 CFR part 385, subpart D
(Sec. Sec.  385.301 through 385.337) allows the Agency to evaluate new
motor carriers before granting them permanent registration.
    In addition to the new entrant safety audit, FMCSA conducts
continual oversight of regular-route motor carriers of passengers under
its general, pre-existing legal authority provided by section 206 of
the Motor Carrier Safety Act of 1984 (codified at 49 U.S.C. 31136) (the
1984 Act). The 1984 Act requires regulations that prescribe minimum
safety standards for commercial motor vehicles (CMVs) that ensure: (1)
CMVs are maintained, equipped, loaded, and operated safely; (2) the
responsibilities imposed on operators of CMVs do not impair their
ability to operate the vehicles safely; (3) the physical condition of
operators of CMVs is adequate to enable them to operate the vehicles
safely; and (4) the operation of CMVs does not have a deleterious
effect on the physical condition of the operators (49 U.S.C. 31136(a)).
    FMCSA would continue to monitor and enforce its commercial, safety,
and financial responsibility regulations on all regular-route motor
carriers of passengers. It would also require and ensure its State
motor carrier safety enforcement partners continue their monitoring and
enforcement activities as required in their grant funding agreements
under the Motor Carrier Safety Assistance Program. Therefore, regular-
route motor carriers of passengers would continue to be subject to the
full requirements of the Federal Motor Carrier Safety Regulations that
require CMVs to be maintained and operated safely.
    The Agency concludes that the current route designation
requirement, and its related requirement that registered carriers file
new applications when adding or changing routes, has no discernible
safety benefit. It does, however, continue to burden the industry and
the Agency with unnecessary paperwork.

B. Impact on State Regulation of Intrastate Regular-Route
Transportation by Interstate Carriers

    Although the ICCTA repealed 49 U.S.C. 10922(f)(1)-(3), Congress
carried forward other preexisting statutory requirements applicable to
regular-route passenger carriers. The most significant of these
provisions is now codified in 49 U.S.C. 13902(b)(3) and provides:

    Intrastate transportation by interstate carriers.--A motor
carrier of passengers that is registered by the Secretary under
subsection [13902] (a) is authorized to provide regular-route
transportation entirely in one State as a motor carrier of
passengers if such intrastate transportation is to be provided on a
route over which the carrier provides interstate transportation of
passengers.

Section 13902(b)(3) codifies section 6 of the Bus Regulatory Reform Act
of 1982 (Bus Act) (Pub. L. 97-261, 96 Stat. 1102, Sept. 20, 1982),
which amended former section 10922 in numerous respects. Section 6
preempted States from regulating intrastate service provided by
interstate regular-route passenger carriers over interstate routes.
    Congress concluded that burdensome State regulation was one of
several significant factors contributing to the declining financial
health of the interstate regular-route bus industry. This conclusion
was based largely on: (1) The inability of interstate carriers to
discontinue unprofitable intrastate routes due to State regulatory
restrictions on entry, exit, or service frequency over these routes;
and (2) the inability of interstate carriers to maximize operational
efficiency due to State ``closed door'' policies prohibiting them from
picking up and dropping off intrastate passengers along interstate
routes.
    If a regular-route passenger carrier obtains operating authority
from FMCSA, a State is prohibited from requiring the carrier to obtain
operating authority to provide intrastate service on that route. In
H.R. Conf. Rep. 100-27 accompanying the Surface Transportation and
Uniform Relocation Assistance Act of 1987 (STURAA) (Pub. L. 100-17, 101
Stat. 132, Apr. 2, 1987), Congress noted that the preemption is
limited; that is, grants of intrastate authority must have a nexus to
legitimate interstate service provided along interstate routes. The
STURAA amended the Bus Act by clarifying that interstate service
provided along the route must be a substantial, bona fide service
involving actual service in more than one State. Because the preemption
is route-specific, FMCSA requests comment on whether elimination of
route designations in FMCSA operating certificates would make this
preemption provision more difficult to enforce and perhaps result in
increased State regulation of intrastate regular-route transportation.
    Under 49 U.S.C. 14501(a)(1)(A), States are also preempted from
regulating the scheduling of interstate or intrastate transportation
(including discontinuance of or reduction in the level of service) on
an interstate route. FMCSA specifically requests comment on whether
elimination of route designations will affect this preemption
provision.
    A related statutory provision, 49 U.S.C. 13902(b)(4), concerns the
ability of States to regulate express packages, newspapers, or mail
carried on buses. Section 13902(b)(4) provides:

    Preemption of State regulation regarding certain service.--No
State or political subdivision thereof and no interstate agency or
other political agency of 2 or more States shall enact or enforce
any law, rule, regulation, standard or other provision having the
force and effect of law relating to the provision of pickup and
delivery of express packages, newspapers, or mail in a commercial
zone if the shipment has had or will have a prior or subsequent
movement by bus in intrastate commerce and, if a city within the
commercial zone, is served by a motor carrier of passengers
providing regular-route transportation of passengers subject to
jurisdiction under subchapter I of chapter 135.

    This provision, which was enacted by the Bus Act, essentially
extends the preemption of State regulation of intrastate passenger
transportation in section 13902(b)(3) to express packages, newspapers,
or mail carried in the buses. As with section 13902(b)(3), FMCSA
requests comment on whether elimination of route designations in FMCSA
operating certificates would make this preemption provision more
difficult to enforce and perhaps result in increased State regulation
of the transportation of express packages, newspapers, or mail in a
commercial zone.

C. Registration of Governmental Entities Providing Interstate Regular-
Route Transportation

    Additional statutory provisions applicable to interstate regular-
route transportation include 49 U.S.C. 13902(b)(2)(B), which provides:

    Regular-route transportation.--The Secretary shall register
under subsection [13902] (a)(1) a public recipient of governmental
assistance to provide regular-route transportation subject to
jurisdiction under subchapter I of chapter 135 as a motor carrier of
passengers if the Secretary finds that the recipient meets the
requirements of subsection (a)(1), unless the Secretary finds, on
the basis of evidence presented by any person objecting to the
registration, that the transportation to be provided pursuant to the
registration is not in the public interest.

    This subsection mandates registration of governmental entities
providing regular-route transportation if they meet Agency fitness
standards, unless the

Agency finds the transportation is not in the public interest (but only
if someone objects to the application and submits the necessary
evidence).
    Title 49 U.S.C. 13902(b)(8) defines ``public recipient of
governmental assistance'' as:

    (i) any State, (ii) any municipality or other political
subdivision of a State, (iii) any public agency or instrumentality
of one or more States and municipalities and political subdivisions
of a State, (iv) any Indian tribe, and (v) any corporation, board,
or other person owned or controlled by any entity described in
clause (i), (ii), (iii), or (iv), which before, on, or after January
1, 1996, received governmental assistance for the purchase or
operation of any bus.

This subsection essentially recodifies a requirement enacted by the
STURAA. According to H.R. Conf. Rep. 100-27, this provision was
intended to permit the Secretary to deny applications for regular-route
authority filed by public entities if they propose specific operations
that will not be in the public interest because of the potential
adverse financial impact on existing private operations.
    Consequently, applications filed by public entities seeking to
provide regular-route transportation are subject to more registration
criteria than those applicable to private entities. Removing the route-
designation requirement for applications for regular route authority
filed by public entities would prevent persons from protesting the
specific transportation to be provided. Accordingly, the Agency is
retaining the existing route-designation requirements for public
recipients of governmental assistance filing applications subject to
section 13902(b)(2)(B).

IV. The Proposed Rule

    FMCSA is proposing to register passenger carriers as regular-route
carriers without designating specific regular routes or fixed end-
points. Thus, registered regular-route passenger carriers would no
longer be required to submit a new application to add new or change
existing routes. By eliminating the need to file and process multiple
applications containing detailed routes, this change would decrease the
paperwork burden on regular-route carriers seeking to expand or change
their routes. It would also reduce the Agency's own administrative and
paperwork burden.
    FMCSA would modify existing certificates of regular-route authority
upon issuance of a final rule. Carriers holding existing certificates
would not be required to file new OP-1(P) applications in order to seek
the broader regular-route authority proposed by the Agency. The broader
authority would automatically supersede any route-specific authority
issued by FMCSA or its predecessor agencies. FMCSA would issue and mail
to all active motor carriers of passengers registered as having
regular-route authority new certificates showing the broader authority.
Such certificates would become effective on the effective date of a
final rule in this proceeding.
    In order to implement this proposal, FMCSA proposes to amend
various sections of Title 49 of the Code of Federal Regulations (CFR)
to make them consistent with the Agency's proposed registration
procedures. First, 49 CFR 356.3 prescribes the extent to which
passenger carriers may serve points not located on their ``authorized
routes.'' Except for motor carriers authorized to operate in designated
parts of the New York City metropolitan area, passenger carriers are
allowed to serve municipalities, unincorporated areas, military posts,
airports, schools, and ``similar establishments'' located within 1
airline mile of the authorized route. The Agency proposes to eliminate
this section, as authorization for specific regular routes would no
longer be required.
    Section 365.101 identifies the types of operating authority
applications filed with the Agency. Under Sec.  365.101(e), these
applications include ``[a]pplications for certificates under 49 U.S.C.
13902(b)(3) to operate as a motor common carrier of passengers in
intrastate commerce on a route over which applicant holds interstate
authority as of November 19, 1982.'' Similarly, current Sec.
365.101(f) includes: ``[a]pplications for certificates under 49 U.S.C.
13902(b)(3) to operate as a motor common carrier of passengers in
intrastate commerce on a route over which applicant has been granted or
will be granted interstate authority after November 19, 1982.'' The
regulations implicitly tie authority to operate in intrastate commerce
to authority to operate over specific interstate routes granted by
FMCSA. The Agency proposes to consolidate these paragraphs to reflect
that the Agency would no longer be granting authority to passenger
carriers to operate over specific routes.
    Subpart C to 49 CFR part 374 contains regulations governing the
adequacy of intercity regular-route passenger service. Three sections
contain language referencing the Agency's authority over ``points'' or
``routes.'' Current Sec.  374.303(f) defines ``service'' as passenger
transportation by bus between ``authorized points'' or over
``authorized routes.'' Current Sec.  374.311(a) requires carriers to
establish schedules that can be reasonably met to adequately serve
``all authorized points.'' Current Sec.  374.311(b) requires carriers
to report all schedule changes on routes to FMCSA and to post notices
for the convenience of their passengers. These regulations indicate
that passenger carriers must receive authority from FMCSA to operate
over specific routes. We propose to amend Sec. Sec.  374.303(f) and
374.311(a) by removing the specific language indicating that the Agency
grants authority to operate over specific routes. We propose to amend
Sec.  374.311(b) by removing the requirement that carriers must file
with FMCSA notices of schedule and route changes.
    FMCSA would continue to require regular-route motor passenger
carriers to post notices of schedule changes in each affected bus and
carrier facility for the convenience of their passengers.

V. Other Approaches Considered

    FMCSA considered alternatives to eliminating the existing route
designation requirement, including: (1) Registering all passenger
carriers in the same manner, not distinguishing between regular-route,
charter, and special operations passenger carriers; and (2) registering
passenger carriers as regular-route carriers between fixed end-points
without requiring designation of specific regular routes.
    If passenger carriers were registered in the same manner, they
would only be required to file a single application with a single
filing fee to provide any type of passenger service. If passenger
carriers were only required to designate fixed end-points, they would
not be required to file a new application to add or change routes
between end-points. This would also decrease the burden on Agency staff
in transcribing routes and processing applications.
    Registering all passenger carriers in the same manner would require
statutory changes to sections 13902 and 14501 to maintain preemption of
State regulation of intrastate regular-route service, which is
expressly based on interstate regular-route operations. It would also
require revisions to, or the elimination of, regulations linked to the
regular-route operational designation, particularly in 49 CFR part 374,
subpart C, regarding adequacy of service.
    Although requiring carriers to file new applications only when
adding end-points would be less burdensome than the current practice,
carriers would still be required to file multiple applications under
this option in order to expand existing routes. Thus, it

would be more burdensome than the Agency's proposal.
    The Agency invites comment on this proposal, as well as other
possible alternatives to the current route-designation requirement.

VI. Regulatory Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review); DOT Regulatory
Policies and Procedures

    FMCSA determined that this action is not significant under
Executive Order 12866. This proposal does not have an annual effect on
the economy of $100 million or more and does not adversely affect in a
material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or tribal governments or communities. The proposal does not
create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency, does not materially alter the
budgetary impact of entitlements, grants, user fees, or loan programs
or the rights and obligations of recipients, and does not raise novel
legal or policy issues arising out of legal mandates or the
Administration's priorities. FMCSA prepared a regulatory impact
assessment for this NPRM as required by Executive Order 12866, but the
NPRM and the regulatory impact assessment have not been reviewed by the
Office of Management and Budget (OMB) because it was determined to be
not significant under the Executive Order.
    The Agency's regulatory impact assessment in the docket, identified
in the heading of this NPRM, notes that the intercity passenger
industry may be experiencing structural changes in terms of the number
of new firms and market share of carriers. Therefore, the Agency
evaluated the route deregulation options under three industry growth/
change scenarios. FMCSA based each scenario on the number of regular-
route authority applications filed over the past 3 to 5 years.
    Based on these scenarios, FMCSA estimates annual net benefits to
the industry of $36,000 to $44,000 from avoided costs related to the
elimination of the route designation application requirement. Evaluated
over a 10-year period, the estimated net present value of the industry
cost savings is in a range from $222,000 to $341,000 based on discount
rates of 3 to 7 percent depending on whether one uses a 3-year average,
5-year average, or 5-year median.

Regulatory Flexibility Act, as Amended by the Small Business Regulatory
Enforcement Fairness Act of 1996

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub.
L. 104-121, 110 Stat. 857), requires Federal agencies, as a part of
each rulemaking, to consider regulatory alternatives that minimize the
impact on small entities while achieving the objectives of the
rulemaking. FMCSA has evaluated the effects of this proposed rule on
small entities as required by the RFA.
    All new entrant regular-route carriers are affected by the proposed
rulemaking action because all such carriers must file an OP-1(P)
application to obtain regular-route authority. Existing regular-route
carriers are affected only if they seek to expand their routes. New
entrants and existing carriers submitted an average of 92 regular-route
authority applications each year between 2003 and 2005. Currently,
there are 272 active regular route authority carriers in total. The
Small Business Administration (SBA) Small Business Size Standard for
Interurban and Rural Bus Transportation is no more than $6.5 million in
gross annual revenue. Based on U.S. industry statistics for 2002
provided by the SBA Office of Advocacy, 279 out of 323 firms in the
interurban and rural bus transportation industry (roughly 86 percent)
reported annual receipts of less than $5 million. Additionally,
carriers with annual gross revenues between $5 million and $6.5 million
would also be classified as small businesses, though FMCSA is unable to
quantify the number of carriers within this range. Absent more current
detailed data, the Initial Regulatory Flexibility Analysis assumes that
approximately 86 percent of regular route authority carriers are small
entities.
    The proposed rulemaking is a deregulatory action implementing a
policy change intended to provide relief to industry. There are no
additional costs specific to these entities as a result of this
rulemaking, and the underlying policy change provides applicants with a
cost saving of approximately $300 for each application.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531 et seq.)
requires each agency to assess the effects of its regulatory actions on
State, local, and tribal governments and the private sector. Any agency
promulgating a final rule likely to result in a Federal mandate
requiring expenditures by State, local, or tribal governments, in the
aggregate, or by the private sector, of $136.1 million or more in any 1
year must prepare a written statement incorporating various
assessments, estimates, and descriptions that are delineated in the
Act. FMCSA determined that this proposal would not have an impact of
$136.1 million or more in any 1 year.

Environmental Impacts

    The Agency analyzed this proposed rule for the purpose of the
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et
seq.), the Council on Environmental Quality regulations implementing
NEPA (40 CFR 1500-1508), and FMCSA's NEPA Implementation Order 5610.1
published March 1, 2004 (69 FR 9680). This action is categorically
excluded under Appendix 2, paragraph 6.d of the Order (regulations
governing applications for operating authority) from further
environmental documentation. The Agency believes that the action
includes no extraordinary circumstances that would have any effect on
the quality of the environment. Thus, the action does not require an
environmental assessment or an environmental impact statement.
    FMCSA also analyzed this proposed rule under the Clean Air Act, as
amended (CAA) section 176(c), (42 U.S.C. 7401 et seq.) and implementing
regulations promulgated by the Environmental Protection Agency.
Approval of this action is exempt from the CAA's general conformity
requirement since it involves rulemaking and policy development and
issuance. (See 40 CFR 93.153(c)(2).) It would not result in any
emissions increase nor would it have any potential to result in
emissions that are above the general conformity rule's de minimis
emission threshold levels. Moreover, it is reasonably foreseeable that
the rule would not increase total CMV mileage, how CMVs operate, or the
CMV fleet-mix of motor carriers. This action merely allows passenger
carriers to make changes to their regular routes without FMCSA
approval. Such alterations are routinely approved under current Agency
procedures.

Environmental Justice

    The FMCSA evaluated the environmental effects of this NPRM in
accordance with Executive Order 12898 and determined that there are no
environmental justice issues associated with its provisions nor any
collective environmental impact resulting from its promulgation.
Environmental justice issues would be raised if there were
``disproportionate'' and ``high and

adverse impact'' on minority or low-income populations. None of the
alternatives analyzed in the Agency's categorical exclusion
determination, discussed under National Environmental Policy Act, would
result in high and adverse environmental impacts.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-
3520), a Federal agency must obtain approval from OMB for each
collection of information it conducts, sponsors, or requires. This
rulemaking would affect a currently-approved information collection
request (ICR) covered by OMB Control Number 2126-0016, entitled
``Licensing Applications for Motor Carrier Operating Authority.'' This
ICR has an annual burden of 55,738 burden hours, and will expire on
August 31, 2008.
    FMCSA is authorized to register for-hire motor passenger carriers
under the provisions of 49 U.S.C. 13902. The form used to apply for
operating authority with FMCSA is Form OP-1(P) for motor passenger
carriers. This form requests information on the applicant's identity,
location, familiarity with safety requirements, and type of proposed
operations.
    The Agency proposes to discontinue its current requirement that
motor carriers seeking authority to transport passengers over regular
routes submit to FMCSA a detailed description and map of the proposed
route(s) for approval. The proposal would reduce the currently approved
ICR annual burden by 180 hours [2 hours to provide description and map
of regular routes in Form OP-1(P) x 90 regular route applications per
year = 180 hours]. The estimated annual burden for this ICR would
decrease to 55,558 hours [55,738 currently approved annual burden hours
- 180 hours less time to complete Form OP-1(P) regular route
applications = 55,558].
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the Agency to perform its mission, (2) the
accuracy of the estimated burden, (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information, and (4)
ways that the burden could be minimized without reducing the quality of
the collected information. The Agency will summarize or include your
comments in the request for OMB's clearance of this information
collection.

Executive Order 12988 (Civil Justice Reform)

    This rulemaking meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, entitled ``Civil Justice Reform,'' to
minimize litigation, eliminate ambiguity, and reduce burden.

Executive Order 12630 (Taking of Private Property)

    FMCSA has analyzed this proposed rule under Executive Order 12630,
entitled ``Governmental Actions and Interference with Constitutionally
Protected Property Rights.'' We do not anticipate that this proposed
action would effect a taking of private property or otherwise have
taking implications under Executive Order 12630.

Executive Order 13132 (Federalism)

    This proposed action has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132, and FMCSA
has preliminarily determined that this rulemaking would not warrant the
preparation of a Federalism assessment. We have determined that this
proposed action would not affect the States' ability to discharge
traditional State government functions.

Executive Order 13211 (Energy Effects)

    FMCSA has analyzed this proposed action under Executive Order
13211, entitled ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use.'' The Agency has determined
that it is not a significant energy action within the meaning of
section 4(b) of the Executive Order and is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy. Therefore, a Statement of Energy Effects is not required.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this NPRM.

Executive Order 13175 (Tribal Consultation)

    FMCSA has analyzed this action under Executive Order 13175, dated
November 6, 2000, and believes that the proposed action would not have
substantial direct effects on one or more Indian tribes; would not
impose substantial compliance costs on Indian tribal governments; and
would not preempt tribal law. Therefore, a tribal summary impact
statement is not required.

List of Subjects

49 CFR Part 356

    Administrative practice and procedure, Routing, Motor carriers.

49 CFR Part 365

    Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Motor carriers, Moving of household goods, Reporting and
recordkeeping requirements.

49 CFR Part 374

    Aged, Blind, Buses, Civil rights, Freight, Individuals with
disabilities, Motor carriers, Smoking.

    For the reasons discussed above, FMCSA proposes to amend title 49,
Code of Federal Regulations, chapter III, subchapter B, as set forth
below:

PART 356--MOTOR CARRIER ROUTING REGULATIONS

    1. The authority citation for part 356 continues to read as
follows:

    Authority: 5 U.S.C. 553; 49 U.S.C. 13301 and 13902; and 49 CFR
1.73.

Sec.  356.3  [Removed and Reserved].

    2. Remove and reserve Sec.  356.3.

PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

    3. The authority citation for part 365 continues to read as
follows:

    Authority: 5 U.S.C. 553 and 559; 16 U.S.C. 1456; 49 U.S.C.
13101, 13301, 13901-13906, 14708, 31138, and 31144; 49 CFR 1.73.

    4. Amend Sec.  365.101 by removing paragraph (f), redesignating
paragraphs (g) and (h) as paragraphs (f) and (g), and revising
paragraph (e) to read as follows:

Sec.  365.101  Applications governed by these rules.

* * * * *
    (e) Applications for certificates under 49 U.S.C. 13902(b)(3) to
operate as a motor carrier of passengers in intrastate commerce over
regular routes if such intrastate transportation is to be provided on a
route over which the carrier provides interstate transportation of
passengers.
* * * * *

PART 374--PASSENGER CARRIER REGULATIONS

    5. The authority citation for part 374 continues to read as
follows:

    Authority: 49 U.S.C. 13301 and 14101; and 49 CFR 1.73.

    6. Amend Sec.  374.303 by revising paragraph (f) to read as
follows:

Sec.  374.303  Definitions.

* * * * *
    (f) Service means passenger transportation by bus over regular
routes.
* * * * *
    7. Amend Sec.  374.311 by revising paragraphs (a) and (b) to read
as follows:

Sec.  374.311  Service responsibility.

    (a) Schedules. Carriers shall establish schedules that can be
reasonably met, including connections at junction points, to serve
adequately all points.
    (b) Continuity of service. No carrier shall change an existing
regular-route schedule without first displaying conspicuously a notice
in each facility and on each bus affected. Such notice shall be
displayed for a reasonable time before it becomes effective and shall
contain the carrier's name, a description of the proposed schedule
change, the effective date thereof, the reasons for the change, the
availability of alternate service, and the name and address of the
carrier representative passengers may contact.
* * * * *

    Issued on: July 31, 2008.
John H. Hill,
Administrator.
[FR Doc. E8-18173 Filed 8-6-08; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 79, Number 113 (Thursday, June 12, 2014)]
[Rules and Regulations]
[Pages 33674-33675]
[FR Doc No: 2014-13667]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2013-0890; Special Conditions No. 25-524-SC]

Special Conditions: Airbus Model A350-900 Series Airplane; Ground
Pivoting Loads

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions.

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

SUMMARY: These special conditions are issued for Airbus Model A350-900
Series airplanes. These airplanes will have a novel or unusual design
feature(s) associated with a braking system that affects the airplane's
pivoting behavior. 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: Effective July 14, 2014.

FOR FURTHER INFORMATION CONTACT: Todd Martin, FAA, Airframe/Cabin
Safety, ANM-115, Transport Airplane Directorate, Aircraft Certification
Service, 1601 Lind Avenue SW., Renton, Washington, 98057-3356;
telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On August 25, 2008, Airbus applied for a type certificate for their
new Model A350-900 series airplane. Later, Airbus requested and the FAA
approved an extension to the application for FAA type certification to
June 28, 2009. The Model A350-900 series airplane has a conventional
layout with twin wing-mounted Rolls-Royce Trent engines. It features a
twin aisle 9-abreast economy class layout, and accommodates side-by-
side placement of LD-3 containers in the cargo compartment. The basic
Model A350-900 series configuration will accommodate 315 passengers in
a standard two-class arrangement. The design cruise speed is Mach 0.85
with a Maximum Take-Off Weight of 602,000 lbs. Airbus proposes the
Model A350-900 series airplane to be certified for extended operations
(ETOPS) beyond 180 minutes at entry into service for up to a 420-minute
maximum diversion time.
    The Airbus Model A350-900 series airplane is equipped with a
braking system that affects the airplane's pivoting behavior. During
pivoting the braking system inhibits braking on some wheels. Title 14
Code of Federal Regulations (14 CFR) 25.503 and European Aviation
Safety Agency (EASA) Certification Specification (CS) section 25.503,
each specify limit loads due to pivoting, however, system effects are
not taken into account.

Type Certification Basis

    Under Title 14, Code of Federal Regulations (14 CFR) 21.17, Airbus
must show that the Model A350-900 series meets the applicable
provisions of 14 CFR part 25, as amended by Amendments 25-1 through 25-
129.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Model A350-900 series because of a
novel or unusual design feature, special conditions are prescribed
under Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate for that model be amended
later to include any other model that incorporates the same or similar
novel or unusual design feature, the special conditions would also
apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Model A350-900 series 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 and the FAA must issue a
finding of regulatory adequacy under Sec.  611 of Public Law 92-574,
the ``Noise Control Act of 1972.''
    The FAA issues special conditions, as defined in 14 CFR 11.19,
under Sec.  11.38, and they become part of the type-certification basis
under Sec.  21.17(a)(2).

Novel or Unusual Design Features

    The Airbus Model A350-900 series airplane will incorporate the
following novel or unusual design features: a braking system that
affects the airplane's pivoting behavior.

Discussion

    Within the Aviation Rulemaking Advisory Committee, the Loads and
Dynamics Harmonization Working Group developed criteria for determining
pivoting loads. The group recommended, for airplanes with more than two
main landing gear units, a rational pivoting maneuver that takes into
account the effects of the braking system and tire characteristics, in
lieu of the current requirement. Although the

Airbus Model A350-900 series airplane has two main landing gear units,
EASA and the FAA propose to apply the same criteria on this airplane.
    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.

Discussion of Comments

    Notice of proposed special conditions No. 25-13-10-SC for Airbus
Model A350-900 series airplanes was published in the Federal Register
on October 29, 2013 (78FR64415). The Boeing Company submitted one
comment, which stated that ``there is not a specific requirement to
consider failure modes. Failure modes of the brake system that would
cause brakes to be applied during pivoting should be investigated in
accordance with the requirements relating to systems and structures
interaction. We suggest that the FAA consider revising the proposal to
include this specific requirement.''
    Failure modes of the braking system are addressed by a separate
special-conditions document titled Interaction of Systems and
Structures, published in the Federal Register on December 20, 2013
(78FR76980). The Interaction of Systems and Structures special
conditions requires that the effects of system failures be taken into
account, and specifically addresses the pivoting requirement, Sec.
25.503, and any special condition used in lieu of Sec.  25.503.
    This (i.e., current) special conditions document addresses loads
associated with structural design not specific to a failure condition.

Applicability

    As discussed above, these special conditions apply to Airbus Model
A350-900 series airplanes. Should Airbus apply later for a change to
the type certificate to include another model incorporating 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 Airbus Model A350-900 series airplanes. It is not a rule of
general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

0
Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Airbus Model A350-900 series airplanes
in lieu of Sec.  25.503:
    1. The main landing gear and supporting structure must be designed
for the loads induced by pivoting during ground maneuvers.
    a. The following rational pivoting maneuvers must be considered:
    i. Towing at the nose gear at the critical towing angle with no
brakes applied, including cases with torque links disconnected; and
separately,
    ii. Application of symmetrical or unsymmetrical forward thrust to
aid pivoting, with or without braking by pilot action on the pedals.
    b. The airplane is assumed to be in static equilibrium, with the
loads being applied at the ground contact points.
    c. The limit vertical load factor must be 1.0, and:
    i. For wheels with brakes applied, the coefficient of friction must
be 0.8,
    ii. For wheels with brakes not applied, the ground tire reactions
must be based on reliable tire data.

    Issued in Renton, Washington, on: April 25, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-13667 Filed 6-11-14; 8:45 am]
BILLING CODE 4910-13-P


BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Notice of

PINNACLE AIRLINES CORP.

of intent to terminate service at Joplin,

Missouri pursuant to 49 U.S.C. § 41734

and 14 C.F.R. § 323 	)

)

)

)

)

)

)

)

)	Docket OST-02-

Dated:  July 10, 2002

NOTICE OF TERMINATION OF SERVICE AT JOPLIN, MISSOURI and request for waiver of 90-day notice requirement

Pinnacle Airlines Corp. (“Pinnacle”) hereby submits notice, pursuant to 49 U.S.C § 41734 and 14 C.F.R. § 323.3, of its intent to terminate service to Joplin, Missouri no later than 90-days following the date of this notice.  Pinnacle seeks a waiver from the Department’s 90-day notice requirement authorizing Pinnacle to terminate service to Joplin, Missouri effective September 3, 2002 (with Pinnacle’s last flights operating on September 2, 2002).  Pinnacle serves Joplin, Missouri as Northwest Airlink.

In support of this Notice and Request for Waiver, Pinnacle states the following:

1.	Pinnacle is a certificated air carrier, whose corporate office is located at:

		1689 Nonconnah Boulevard

		Suite 111

		Memphis, TN  38132

<PHONE_NUMBER>Communications with respect to this Notice should be directed to:

		Curt E. Sawyer

Vice President and Chief Financial Officer

Pinnacle Airlines Corp.

		1689 Nonconnah Boulevard, Suite 111

		Memphis, TN  38132

<PHONE_NUMBER>

FAX:<PHONE_NUMBER>

2.	After Pinnacle terminates service, Joplin will continue to receive service to a large hub airport.   Trans State Airlines, an American Airlines codeshare partner, currently offers four roundtrips on Mondays through Fridays, two roundtrips on Saturdays, and three roundtrips on Sundays between Joplin and St. Louis, Missouri.  All of these flights are on a non-stop basis.  	3.	The routing and schedule of the service that Pinnacle seeks to terminate is as follows:

From		Departure	To		Arrival	Frequency

MEM		12:40		JLN		14:20		Daily nonstop

JLN		14:40		MEM		16:15		Daily nonstop

4.	Pinnacle operates these flights with Saab SF340 aircraft (33 passenger seats).

5.	Pinnacle intends to terminate service at Joplin, Missouri effective September 3, 2002, with its last flights operating on September 2, 2002, or no later than 90 days following the date of this notice.

6.	The Department has determined that the level of essential air service for Joplin is a minimum of two daily roundtrip flights to/from Kansas City and two daily roundtrips to/from St. Louis.  The service to Kansas City must be operated on a nonstop basis; the service to St. Louis may be operated on a one-stop basis.  See DOT Order 86-5-39 (May 13, 1986).

7.	The effective date of this Notice is July 10, 2002.  Objections to this Notice are due within 20 days of this Notice or on July 30, 2002.

8.	As required by 14 C.F.R. § 323.7(a), this Notice is being served upon all persons listed on the attached service list.

Respectfully submitted,

/s/ Curtis E. Sawyer /s/

Curt E. Sawyer

Vice President and Chief Financial Officer

Pinnacle Airlines Corp.

1689 Nonconnah Boulevard

Suite 111

Memphis, TN  38132

(901) 348-4100

Dated:  July 10, 2002

CERTIFICATE OF SERVICE

A copy of this NOTICE OF TERMINATION AND REQUEST FOR WAIVER was served by first class mail, postage prepaid, upon each of the persons below:

Dennis DeVany, Chief

EAS and Domestic Analysis, X-53

U.S. Department of Transportation

400 Seventh Street, S.W.

Room 6417

Washington, D.C.  20590

	Steve Stockam, Manager

Joplin Regional Airport

P.O. Box 1355

Joplin, MO  64802

Richard H. Russell, Mayor

City of Joplin

Municipal Building

303 East Third Street

Joplin, MO  64801

	Rodney K. Bray, Postmaster

101 North Main Street

Joplin, MO  64801

(…continued)

(continued…)

NOTICE OF PINNACLE AIRLINES CORP.

Page   PAGE  \* MERGEFORMAT  3

NOTICE OF PINNACLE AIRLINES CORP.

Page   PAGE  \* MERGEFORMAT  2

  PAGE  2


ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2009–0413; FRL-       ]

Agency Information Collection Activities; Submission to OMB for Review
and Approval; Comment Request; NSPS for Sewage Sludge Treatment Plant
Incineration (40 CFR Part 60, Subpart O), EPA ICR Number 1063.11, OMB
Control Number 2060–0035.

AGENCY:	Environmental Protection Agency (EPA)

ACTION:	Notice.

SUMMARY:	In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection Request
(ICR) has been forwarded to the Office of Management and Budget (OMB)
for review and approval.  This is a request to renew an existing
approved collection.  The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before [INSERT DATE 30
DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

ADDRESSES:  Submit your comments, referencing docket ID number
EPA-OECA-2009–0413, to (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency, Enforcement
and Compliance Docket and Information Center, mail code 2801T , 1200
Pennsylvania Avenue, NW, Washington, DC 20460, and (2) OMB at: Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW, Washington,
DC 20503.

FOR FURTHER INFORMATION CONTACT:  John Schaefer, Office of Air Quality
Planning and Standards, Sector Policies and Programs Division (D243-05),
Measurement Policy Group, Environmental Protection Agency, Research
Triangle Park, North Carolina, 27711; telephone number:<PHONE_NUMBER>;
fax number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:  EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On July 8, 2009 (74 FR 32580), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d).  EPA received no comments.  Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.

	 EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2009–0413, which is available for public viewing
online at   HYPERLINK "http://www.regulations.gov"
http://www.regulations.gov , in person viewing at the Enforcement and
Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Avenue, NW, Washington, DC.  The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays.  The telephone number for the
Reading Room is<PHONE_NUMBER>, and the telephone number for the
Enforcement and Compliance Docket is<PHONE_NUMBER>.

	Use EPA’s electronic docket and comment system at   HYPERLINK
"http://www.regulations.gov"  http://www.regulations.gov , to submit or
view public comments, access the index listing of the contents of the
docket, and to access those documents in the docket that are available
electronically.  Once in the system, select “docket search,” then
key in the docket ID number identified above.   Please note that EPA’s
policy is that public comments, whether submitted electronically or in
paper, will be made available for public viewing at   HYPERLINK
"http://www.regulations.gov"  http://www.regulations.gov , as EPA
receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose public disclosure
is restricted by statute.  For further information about the electronic
docket, go to   HYPERLINK "http://www.regulations.gov"
www.regulations.gov .

	Title:  NSPS for Sewage Sludge Treatment Plant Incineration (40 CFR
Part 60, Subpart O)

	ICR Numbers:  EPA ICR Number 1063.11, OMB Control Number 2060–0035.

	ICR Status:  This ICR is scheduled to expire on August 31, 2010.  Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while

this submission is pending at OMB.  	An Agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
The OMB control numbers for EPA's regulations in title 40 of the CFR,
after appearing in the Federal Register when approved, are listed in 40
CFR part 9, and displayed either by publication in the Federal Register
or by other appropriate means, such as on the related collection
instrument or form, if applicable.  The display of OMB control numbers
in certain EPA regulations is consolidated in 40 CFR part 9.

	Abstract: The affected entities are subject to the General Provisions
of the NSPS at 40 CFR part 60, subpart A and any changes, or additions
to the General Provisions specified at 40 CFR part 60, subpart O. Owners
or operators of the affected facilities must make an initial
notification, performance tests, periodic reports, and maintain records
of the occurrence and duration of any startup, shutdown, or malfunction
in the operation of an affected facility, or any period during which the
monitoring system is inoperative. Reports, at a minimum, are required
semiannually.

	Burden Statement:  The annual public reporting and recordkeeping burden
for this collection of information is estimated to average 55 hours per
response.  Burden means 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.  This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements which have
subsequently changed; train personnel to be able to respond to a
collection of information; search data sources; complete and review the
collection of information; and transmit or otherwise disclose the
information.

Respondents/Affected Entities: Sewage sludge treatment plant
incinerators.

	Estimated Number of Respondents: 54112.

	Frequency of Response: Initially, occasionally, and semiannually.

	Estimated Total Annual Hour Burden:  6,209.12,464.

	Estimated Total Annual Cost:  $2,577,3335,138,948, which includes
$587,3331,178,948 in labor costs, $10040,000 in capital/startup costs,
and $3,921,890,000 in operation and maintenance (O&M) costs.

	Changes in the Estimates: There is an increase in the total estimated
burden as currently identified in the OMB Inventory of Approved Burdens
which is due to more accurate estimates of existing sources.  The number
of existing facilities changed from 54 to 112 and increased the number
of responses, burden hours, labor costs, and O&M costs.  A reduction in
capital/start-up costs occurred due to the decrease of anticipated new
sources which declined from 1 to 0.4 new sources per year.There is no
change in the number of hours in the total estimated burden currently
identified in the OMB Inventory of Approved ICR Burdens.

Dated:  ______________________

_____________________________

Oscar Morales, Director, Collection Strategies Division

BILLING CODE 6560-50

 PAGE   2

 PAGE   3


[Federal Register Volume 76, Number 43 (Friday, March 4, 2011)]
[Notices]
[Pages 12095-12096]
[FR Doc No: 2011-4965]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP11-91-000]

Monroe Gas Storage Company, LLC; Notice of Application

    Take notice that on February 18, 2011, Monroe Gas Storage Company,
LLC (Monroe), 3773 Cherry Creek North Drive, Suite 1000, Denver, CO
80209, filed pursuant to Section 7(c) of the Natural Gas Act (NGA) and
Part 157 of the Commission's regulations, an abbreviated application
for an amendment to its certificate of public convenience and necessity
issued on December 21, 2007, Docket No. CP07-406-000; authorizing
Monroe to make changes to the certificated design of the Monroe Gas
Storage Project.
    Specifically, through this Application, Monroe seeks authorization
to (1) relocate the currently authorized Well MGS-6-E-H to a new well
site and bottom hole location, and (2) convert the existing Well MGS-6
to an observation well. Monroe also requests an extension of time to
place all of the project facilities into service to a date 90 days from
the issued date of the order. In conjunction with these requests,
Monroe proposes to change the designation of the relocated well from
MGS-6-E-H to MGS-6-W-D and the converted well from MGS-6-E-H to MGS-O6.
    Monroe states that the proposed amendment will not change its
currently certificated authority to provide about 12.0 billion cubic
feet (Bcf) of high-deliverability working gas storage capacity, with
about 4.46 Bcf of base gas. Nor is any change proposed in Monroe's
certificated capability for receiving and injecting gas at maximum
rates of up to 445 million cubic feet per day (MMcf/d) and withdrawing
and delivering gas at maximum rates of up to 465 MMcf/d.
    Any questions regarding the application should be directed to Fred
Witsell, Monroe Gas Storage Company, LLC, 3773 Cherry Creek North
Drive, Suite 1000, Denver, CO 80209,<PHONE_NUMBER>, or Erik J.A.
Swenson, Fulbright & Jaworski L.L.P., 801 Pennsylvania Avenue, NW.,
Washington, DC 20004-2623,<PHONE_NUMBER>.
    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 with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. 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 14 copies of the protest or intervention to the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. This filing is accessible on-line at http://www.ferc.gov, using the ``eLibrary'' link and is available for review
in the Commission's Public Reference Room in Washington, DC. There is
an ``eSubscription'' link on the Web site that enables subscribers to
receive 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>.
    Comment Date: March 14, 2011.

    Dated: February 28, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-4965 Filed 3-3-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: April 7, 2009 (Volume 74, Number 65)]
[Rules and Regulations]
[Page 15666-15669]
[DOCID:fr07ap09-7]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

17 CFR Parts 232, 239 and 249

[Release Nos. 33-9002A; 34-59324A; 39-2461A; IC-28609A; File No. S7-11-
08]
RIN 3235-AJ71

Interactive Data To Improve Financial Reporting

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; correction.

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SUMMARY: We are making technical corrections to rules adopted in
Release No. 33-9002 (January 30, 2009), which were published in the
Federal Register on February 10, 2009 (74 FR 6776). The rules relate to
requiring specified public companies and foreign private issuers to
provide financial statement information to the Commission and on their
corporate Web sites in interactive data format using the eXtensible
Business Reporting Language (XBRL).

DATES: Effective Date: April 13, 2009.

FOR FURTHER INFORMATION CONTACT: Mark W. Green, Senior Special Counsel
(Regulatory Policy), Division of Corporation Finance at<PHONE_NUMBER>;
or Jeffrey W. Naumann, Assistant Director, Office of Interactive
Disclosure at<PHONE_NUMBER>, U.S. Securities and Exchange Commission,
100 F Street, NE., Washington, DC 20549-3628.

SUPPLEMENTARY INFORMATION: We are correcting Rules 201,\1\ 202 \2\ and
405 \3\ of Regulation S-T \4\ and Forms F-9 \5\ and F-10 \6\ under the
Securities Act of 1933 (Securities Act) \7\ and Forms 20-F,\8\ 40-F \9\
and 6-K \10\ under the Securities Exchange Act of 1934 (Exchange Act)
\11\ as published.\12\
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    \1\ 17 CFR 232.201.
    \2\ 17 CFR 232.202.
    \3\ 17 CFR 232.405.
    \4\ 17 CFR 232.10 et seq.
    \5\ 17 CFR 239.39.
    \6\ 17 CFR 239.40.
    \7\ 15 U.S.C. 77a et seq.
    \8\ 17 CFR 249.220f.
    \9\ 17 CFR 249.240f.
    \10\ 17 CFR 249.306.
    \11\ 15 U.S.C. 78a et seq.
    \12\ The corrections we are making in this release do not affect
the amendments we adopted in Release No. 33-9006 (Feb. 11, 2009) [74
FR 7748] even though some of the amendments restated text that we
now are correcting. We anticipate, however, that we will make
conforming corrections to such amendments.
---------------------------------------------------------------------------

I. Discussion of Corrections

A. Rule 201--Temporary Hardship Exemption

    In the introductory text of paragraph (a) \13\ of Rule 201, we
inadvertently omitted language that became part of the text effective
January 1, 2009 \14\ and serves to exclude from temporary hardship
exemption availability an application for an order under any section of
the Investment Company Act.\15\ We are correcting that omission.
---------------------------------------------------------------------------

    \13\ 17 CFR 232.201(a).
    \14\ See Release No. 33-8981 (Oct. 29, 2008) [73 FR 65516].
    \15\ 15 U.S.C. 80a-1 et seq.

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

B. Rule 202--Continuing Hardship Exemption

    We are correcting a typographical error in the introductory text of
paragraph (a) \16\ of Rule 202 and correcting paragraphs (a)(2) \17\
and (b)(2) \18\ of Rule 202 by adding words and punctuation
inadvertently omitted.
---------------------------------------------------------------------------

    \16\ 17 CFR 202(a).
    \17\ 17 CFR 202(a)(2).
    \18\ 17 CFR 202(b)(2).
---------------------------------------------------------------------------

C. Rule 405--Interactive Data File Submissions and Postings

    We are correcting cross-references in preliminary note 1 to,
paragraph (a) \19\ of, and the note following, Rule 405.
---------------------------------------------------------------------------

    \19\ 17 CFR 405(a).
---------------------------------------------------------------------------

D. Forms F-9 and F-10--Securities Act Registration Statements

    We are correcting typographical errors in the amendatory language
for Forms F-9 and F-10 and correcting typographical errors and cross-
references in paragraph (101) of Part II--Information not Required to
be Delivered to Offerrees or Purchasers of both forms.

E. Form 20-F--Exchange Act Annual Report and Registration Statement

    We are correcting cross-references in paragraph 101 of the
Instructions as to Exhibits of Form 20-F.

F. Form 40-F

    We are correcting an erroneous new paragraph number and
typographical error in the amendatory language related to Form 40-F and
correcting the paragraph number of, and cross-references and a
typographical error in, the new paragraph added to General Instruction
B of the form. We inadvertently designated the new paragraph with the
number of an existing paragraph. We are correcting that error by
designating the new paragraph as paragraph (15) of General Instruction
B.

G. Form 6-K

    We are correcting a typographical error in the amendatory language
related to adding a new last paragraph to General Instruction C of Form
6-K and correcting cross-references and typographical errors within,
and the designation of the last subparagraph of, the new paragraph. We
are designating the last subparagraph of the new paragraph as ``(c).''

II. Correction of Publication

0
Accordingly, we correct the rules in Release No. 33-9002 (January 30,
2009) as published in the Federal Register on February 10, 2009 (74 FR
6776) in FR Doc. E9-2334 as follows:

Sec.  232.201   [Corrected]

0
1. On page 6813, in the second column, in the fourteenth line of the
introductory text of paragraph (a) of Sec.  232.201, ``chapter), or an
Interactive Data File'' is corrected to read ``chapter), an application
for an order under any section of the Investment Company Act (15 U.S.C.
80a-1 et seq.), or an Interactive Data File''.

Sec.  232.202   [Corrected]

0
2. On page 6813, in the third column, in the seventeenth line of the
introductory text of paragraph (a) of Sec.  232.202, ``of'' is
corrected to read ``or''.
0
3. On page 6813, in the third column, in the tenth line of paragraph
(a)(2) of Sec.  232.202, ``filing or submission date,'' is corrected to
read ``filing, submission, or posting date,''.
0
4. On page 6813, in the third column, in the first line of paragraph
(b)(2) of Sec.  232.202, ``expense to'' is corrected to read ``expense
involved to''.

Sec.  232.405   [Corrected]

0
5. On page 6814, in the third column, the last seventeen lines of
Preliminary Note 1 to Sec.  232.405 are corrected to read as follows:

    ``(Sec.  229.601(b)(101) of this chapter), paragraph (101) of
Part II--Information not Required to be Delivered to Offerees or
Purchasers of both Form F-9 (Sec.  239.39 of this chapter) and Form
F-10 (Sec.  239.40 of this chapter), paragraph 101 of the
Instructions as to Exhibits of Form 20-F (Sec.  249.220f of this
chapter), paragraph B.(15) of the General Instructions to Form 40-F
(Sec.  249.240f of this chapter) and paragraph C.(6) of the General
Instructions to Form 6-K (Sec.  249.306 of this chapter) specify
when electronic filers are required or permitted to submit or post
an Interactive Data File (Sec.  232.11), as further described in the
Note to Sec.  232.405.''

0
6. On page 6814, in the third column, the introductory text of
paragraph (a)(2) of Sec.  232.405 is corrected to read as follows:

    ``(2) Be submitted only by an electronic filer either required
or permitted to submit an Interactive Data File as specified by Item
601(b)(101) of Regulation S-K, paragraph (101) of Part II--
Information not Required to be Delivered to Offerees or Purchasers
of either Form F-9 or Form F-10, paragraph 101 of the Instructions
as to Exhibits of Form 20-F, paragraph B.(15) of the General
Instructions to Form 40-F or paragraph C.(6) of the General
Instructions to Form 6-K, as applicable, as an exhibit to:''

0
7. Beginning on page 6814 in the third column and continuing on page
6815 in the first column, paragraph (a)(3) of Sec.  232.405 is
corrected to read as follows:

    ``(3) Be submitted in accordance with the EDGAR Filer Manual
and, as applicable, either Item 601(b)(101) of Regulation S-K,
paragraph (101) of Part II--Information not Required to be Delivered
to Offerees or Purchasers of either Form F-9 or Form F-10, paragraph
101 of the Instructions as to Exhibits of Form 20-F, paragraph
B.(15) of the General Instructions to Form 40-F or paragraph C.(6)
of the General Instructions to Form 6-K; and''

0
8. On page 6815, in the first column, paragraph (a)(4) of Sec.  232.405
is corrected to read as follows:

    ``(4) Be posted on the electronic filer's corporate Web site, if
any, in accordance with, as applicable, either Item 601(b)(101) of
Regulation S-K, paragraph (101) of Part II--Information not Required
to be Delivered to Offerees or Purchasers of either Form F-9 or Form
F-10, paragraph 101 of the Instructions as to Exhibits of Form 20-F,
paragraph B.(15) of the General Instructions to Form 40-F or
paragraph C.(6) of the General Instructions to Form 6-K.''

0
9. On page 6816, in the first column, the Note to Sec.  232.405 is
corrected to read as follows:

    ``Note to Sec.  232.405: Item 601(b)(101) of Regulation S-K
specifies the circumstances under which an Interactive Data File
must be submitted as an exhibit and be posted to the issuer's
corporate Web site, if any, and the circumstances under which it is
permitted to be submitted as an exhibit, with respect to Forms S-1
(Sec.  239.11 of this chapter), S-3 (Sec.  239.13 of this chapter),
S-4 (Sec.  239.25 of this chapter), S-11 (Sec.  239.18 of this
chapter), F-1 (Sec.  239.31 of this chapter), F-3 (Sec.  239.33 of
this chapter), F-4 (Sec.  239.34 of this chapter), 10-K (Sec.
249.310 of this chapter), 10-Q (Sec.  249.308a of this chapter) and
8-K (Sec.  249.308 of this chapter). Paragraph (101) of Part II--
Information not Required to be Delivered to Offerees or Purchasers
of both Form F-9 and Form F-10 specifies the circumstances under
which an Interactive Data File must be submitted as an exhibit and
be posted to the issuer's corporate Web site, if any, and the
circumstances under which it is permitted to be submitted as an
exhibit, with respect to Form F-9 and Form F-10, respectively.
Paragraph 101 of the Instructions as to Exhibits of Form 20-F
specifies the circumstances under which an Interactive Data File
must be submitted as an exhibit and be posted to the issuer's
corporate Web site, if any, and the circumstances under which it is
permitted to be submitted as an exhibit, with respect to Form 20-F.
Paragraph B.(15) of the General Instructions to Form 40-F and
Paragraph C.(6) of the General Instructions to Form 6-K specify the
circumstances under which an Interactive Data File must be submitted
as an exhibit and be posted to the issuer's corporate Web site, if
any, and the circumstances under which it is permitted to be
submitted as an exhibit, with respect to Form 40-F and Form 6-K,
respectively. Item 601(b)(101) of Regulation S-K, paragraph (101) of
Part II--Information not Required to be Delivered to Offerees or
Purchasers of both

Form F-9 and Form F-10, paragraph 101 of the Instructions as to
Exhibits of Form 20-F, paragraph B.(15) of the General Instructions
to Form 40-F and paragraph C.(6) of the General Instructions to Form
6-K all prohibit submission of an Interactive Data File by an issuer
that prepares its financial statements in accordance with Article 6
of Regulation S-X (17 CFR 210.6-01 et seq.)''.

Sec.  239.39   [Corrected]

0
10. On page 6817, in the third column, the amendatory language for
amendment 21 is corrected to read as follows:

    ``21. Amend Form F-9 (referenced in Sec.  239.39) by reserving
paragraphs (8) through (100) and adding paragraph (101) at the end
of ``Part II--Information not Required to be Delivered to Offerees
or Purchasers'' to read as follows:''.

0
11. Beginning on page 6817, in the third column and continuing on page
6818 in the first column, paragraph (101) of Part II--Information not
Required To Be Delivered to Offerees or Purchasers of Form F-9, correct
paragraphs (101)(a), introductory text, (101)(a)(ii), (101)(a)(iii),
and (101)(b)(ii) to read as follows:

    ``(101) * * *
    (a) Required to be submitted and posted. Required to be
submitted to the Commission and posted on the registrant's corporate
Web site, if any, in the manner provided by Rule 405 of Regulation
S-T (Sec.  232.405 of this chapter) if the Registrant does not
prepare its financial statements in accordance with Article 6 of
Regulation S-X (17 CFR 210.6-01 et seq.) and is described in
subparagraph (a)(i), (ii), or (iii) of this paragraph (101), except
that an Interactive Data File: first is required for a periodic
report on Form 10-Q (Sec.  249.308a of this chapter), Form 20-F
(Sec.  249.220f of this chapter) or Form 40-F (Sec.  249.240f of
this chapter), as applicable; and is required for a registration
statement under the Securities Act only if the registration
statement contains a price or price range:
* * * * *
    (ii) A large accelerated filer not specified in subparagraph
(a)(i) of this paragraph (101) that prepares its financial
statements in accordance with generally accepted accounting
principles as used in the United States and the filing contains
financial statements of the registrant for a fiscal period that ends
on or after June 15, 2010; or
    (iii) A filer not specified in subparagraph (a)(i) or (a)(ii) of
this paragraph (101) that prepares its financial statements in
accordance with either generally accepted accounting principles as
used in the United States or International Financial Reporting
Standards as issued by the International Accounting Standards Board,
and the filing contains financial statements of the registrant for a
fiscal period that ends on or after June 15, 2011.
    (b) * * *
    (ii) Interactive Data File is not required to be submitted to
the Commission under subparagraph (a) of this paragraph (101).''

Sec.  239.40   [Corrected]

0
12. On page 6818, in the first column, the amendatory language for
amendment 22 is corrected to read as follows:

    22. ``Amend Form F-10 (referenced in Sec.  239.40) by reserving
paragraphs (8) through (100) and adding paragraph (101) at the end
of ``Part II--Information not Required to be Delivered to Offerees
or Purchasers'' to read as follows:''.

0
13. On page 6818, beginning in the second column and continuing on to
the third column, paragraph (101) of Part II--Information not Required
To Be Delivered to Offerees or Purchasers of Form F-10, correct
paragraphs (101)(a), introductory text, (101)(a)(ii), (101)(a)(iii),
and (101)(b)(ii) to read as follows:

    ``(101) * * *
    (a) Required to be submitted and posted. Required to be
submitted to the Commission and posted on the registrant's corporate
Web site, if any, in the manner provided by Rule 405 of Regulation
S-T (Sec.  232.405 of this chapter) if the Registrant does not
prepare its financial statements in accordance with Article 6 of
Regulation S-X (17 CFR 210.6-01 et seq.) and is described in
subparagraph (a)(i), (ii), or (iii) of this paragraph (101), except
that an Interactive Data File: first is required for a periodic
report on Form 10-Q (Sec.  249.308a of this chapter), Form 20-F
(Sec.  249.220f of this chapter) or Form 40-F (Sec.  249.240f of
this chapter), as applicable; and is required for a registration
statement under the Securities Act only if the registration
statement contains a price or price range:
* * * * *
    (ii) A large accelerated filer not specified in subparagraph
(a)(i) of this paragraph (101) that prepares its financial
statements in accordance with generally accepted accounting
principles as used in the United States and the filing contains
financial statements of the registrant for a fiscal period that ends
on or after June 15, 2010; or
    (iii) A filer not specified in subparagraph (a)(i) or (a)(ii) of
this paragraph (101) that prepares its financial statements in
accordance with either generally accepted accounting principles as
used in the United States or International Financial Reporting
Standards as issued by the International Accounting Standards Board,
and the filing contains financial statements of the registrant for a
fiscal period that ends on or after June 15, 2011.
    (b) * * *
    (ii) Interactive Data File is not required to be submitted to
the Commission under subparagraph (a) of this paragraph (101).''

Sec.  249.220f   [Corrected]

0
14. On page 6819, in the third column, paragraphs (a)(ii) and (a)(iii)
of paragraph 101 of the Instructions as to Exhibits of Form 20-F are
corrected to read as follows:

    ``(ii) A large accelerated filer not specified in subparagraph
(a)(i) of this paragraph 101 that prepares its financial statements
in accordance with generally accepted accounting principles as used
in the United States and the filing contains financial statements of
the registrant for a fiscal period that ends on or after June 15,
2010; or
    (iii) A filer not specified in subparagraph (a)(i) or (a)(ii) of
this paragraph 101 that prepares its financial statements in
accordance with either generally accepted accounting principles as
used in the United States or International Financial Reporting
Standards as issued by the International Accounting Standards Board,
and the filing contains financial statements of the registrant for a
fiscal period that ends on or after June 15, 2011.''

0
15. On page 6820, in the first column, paragraph (b)(ii) of paragraph
101 of the Instructions as to Exhibits of Form 20-F is corrected to
read as follows:

    ``(ii) Interactive Data File is not required to be submitted to
the Commission under subparagraph (a) of this paragraph 101.''

Sec.  249.240f   [Corrected]

0
16. On page 6820, in the first column, in the first line of amendment
31.b, ``Add paragraph B.(7)'' is corrected to read ``Adding paragraph
B.(15)''.
0
17. On page 6820, in the first column, in the first line under the
heading General Instruction B., ``(7)'' is corrected to read ``(15)''.
0
18. On page 6820, in the first column, in the ninth line of the
introductory text of newly corrected paragraph B.(15)(a) of the General
Instructions of Form 40-F, ``registrant is does'' is corrected to read
``registrant does''.
0
19. On page 6820, in the second column, paragraphs (a)(ii) and (a)(iii)
of newly corrected paragraph B.(15) of the General Instructions of Form
40-F are corrected to read as follows:

    ``(ii) A large accelerated filer not specified in subparagraph
(a)(i) of this paragraph (15) that prepares its financial statements
in accordance with generally accepted accounting principles as used
in the United States and the filing contains financial statements of
the registrant for a fiscal period that ends on or after June 15,
2010; or
    (iii) A filer not specified in subparagraph (a)(i) or (a)(ii) of
this paragraph (15) that prepares its financial statements in
accordance with either generally accepted accounting principles as
used in the United States or International Financial Reporting
Standards as issued by the International Accounting Standards Board,
and the filing contains financial statements of the registrant for a
fiscal period that ends on or after June 15, 2011.''

0
20. On page 6820, in the second column, paragraph (b)(ii) of newly

corrected paragraph B.(15) of the General Instructions of Form 40-F is
corrected to read as follows:

    ``(ii) Interactive Data File is not required to be submitted to
the Commission under subparagraph (a) of this paragraph (15).''

Sec.  249.306  [Corrected]

0
21. On page 6820, in the second column, the amendatory language for
amendment 32, is corrected to read as follows:

    ``32. Amend Form 6-K (referenced in Sec.  249.306) by revising
paragraph (5) and adding paragraph (6) to General Instruction C to
read as follows:''.

0
22. Beginning on page 6820 in the third column and continuing on page
6821 in the first and second columns, correct paragraphs (6)(a),
introductory text, (6)(a)(ii), (6)(a)(iii), and (6)(b)(ii) to General
Instruction C of Form 6-K to read as follows:
    ``(6) * * *
    (a) Required to be submitted and posted. Required to be
submitted to the Commission and posted on the registrant's corporate
Web site, if any, in the manner provided by Rule 405 of Regulation
S-T (Sec.  232.405 of this chapter) and, as submitted, listed as
exhibit 101, if the registrant does not prepare its financial
statements in accordance with Article 6 of Regulation S-X (17 CFR
210.6-01 et seq.) and is described in subparagraph (a)(i), (ii), or
(iii) of this paragraph (6), except that an Interactive Data File:
first is required for a periodic report on Form 10-Q (Sec.  249.308a
of this chapter), Form 20-F (Sec.  249.220f of this chapter) or Form
40-F (Sec.  249.240f of this chapter), as applicable; and is
required for a Form 6-K (Sec.  249.306 of this chapter) only when
the Form 6-K contains either of the following: audited annual
financial statements that are a revised version of financial
statements that previously were filed with the Commission that have
been revised pursuant to applicable accounting standards to reflect
the effects of certain subsequent events, including a discontinued
operation, a change in reportable segments or a change in accounting
principle; or current interim financial statements included pursuant
to the nine-month updating requirement of Item 8.A.5 of Form 20-F,
and, in either such case, the Interactive Data File would be
required only as to such revised financial statements or current
interim financial statements regardless of whether the Form 6-K
contains other financial statements:
* * * * *
    (ii) A large accelerated filer not specified in subparagraph
(a)(i) of this paragraph (6) that prepares its financial statements
in accordance with generally accepted accounting principles as used
in the United States and the filing contains financial statements of
the registrant for a fiscal period that ends on or after June 15,
2010; or
    (iii) A filer not specified in subparagraph (a)(i) or (ii) of
this paragraph (6) that prepares its financial statements in
accordance with either generally accepted accounting principles as
used in the United States or International Financial Reporting
Standards as issued by the International Accounting Standards Board,
and the filing contains financial statements of the registrant for a
fiscal period that ends on or after June 15, 2011.
    (b) * * *
    (ii) Interactive Data File is not required to be submitted to
the Commission under subparagraph (a)(i) of this paragraph (6).''

0
23. On page 6821, second column, paragraph ``(iii)'' designation is
corrected to read paragraph ``(c)''.

    Dated: April 1, 2009.
Elizabeth M. Murphy,
Secretary.
 [FR Doc. E9-7778 Filed 4-6-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Notices]
[Page 36918]
[FR Doc No: 2019-16115]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14997-000]

New England Hydropower Company, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On May 23, 2019, New England Hydropower Company, LLC, filed an
application for a preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of
hydropower on the Lehigh Canal in Lehigh County, Pennsylvania. The sole
purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed Lehigh Canal Allentown Hydroelectric Project would
consist of the following: (1) An existing 11-foot-high, 480-foot-long
concrete gravity dam (i.e., the Hamilton Street Dam); (2) an existing
impoundment with an approximate surface area of 50 acres and a storage
capacity of 371 acre-feet at a normal surface elevation of 240 feet
mean sea level; (3) an existing canal approximately 0.58 mile long; (4)
an existing 20-foot-wide gate structure on the canal with a spillway;
(5) a new 14-foot-wide, 20-foot-long intake channel; (6) a new 16-foot
by 20-foot powerhouse containing one Archimedes Screw turbine-generator
unit with a total capacity of 485 kilowatts; (7) a new 480-volt, 350-
foot-long transmission line connecting the powerhouse to a nearby grid
interconnection point; and (8) appurtenant facilities. The proposed
project would have an average annual generation of 3,560 megawatt-
hours.
    Applicant Contact: Michael C. Kerr, New England Hydropower Company,
LLC, 100 Cummings Center, Suite 451C, Beverly, MA 01915; phone: (978)
360-2547.
    FERC Contact: Monir Chowdhury; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. The first page of any filing should include
docket number P-14997-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the eLibrary link of the
Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14997) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: July 22, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-16115 Filed 7-29-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 172 (Tuesday, September 6, 2011)]
[Rules and Regulations]
[Page 54932]
[FR Doc No: 2011-22664]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 86

DEPARTMENT OF TRANSPORTATION

National Highway and Traffic Safety Administration

[EPA-HQ-OAR-2009-0865; FRL-9459-8; NHTSA-2010-0087]
RIN 2060-AQ09; RIN 2127-AK73

Revisions and Additions to Motor Vehicle Fuel Economy Label;
Correction

AGENCY: Environmental Protection Agency, National Highway and Traffic
Safety Administration, DOT.

ACTION: Final rule; correction.

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SUMMARY: The Environmental Protection Agency and the Department of
Transportation published a final rule regarding labeling of cars and
trucks with fuel economy and environmental information in the Federal
Register on July 6, 2011 (76 FR 39478). An error in the amendatory
instruction for Sec.  86.1867-12 inadvertently calls for the removal of
paragraph (a)(3)(iv)(A) of that section. This rule revises the
amendatory language for consistency with the regulatory text.

DATES: Effective on September 6, 2011.

FOR FURTHER INFORMATION CONTACT: Roberts French, Office of
Transportation and Air Quality, Compliance and Innovative Strategies
Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann
Arbor, MI 48105; Phone:<PHONE_NUMBER>; E-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In rule FR Doc. 2011-14291
published on July 6, 2011, (76 FR 39478) make the following correction.
On page 39523, in the first column, the amendatory language for
instruction 13 is revised to read as follows:

Sec.  86.1867-12 [Corrected]

    13. Section 86.1867-12 is amended by removing and reserving
paragraph (a)(1)(iii)(A), by revising paragraphs (a)(1)(i), (a)(1)(ii),
(a)(3)(iv)(A), (a)(3)(iv)(F), (a)(3)(vi), (a)(4), (b)(2), and
(e)(4)(ii) to read as follows:

    Dated: August 26, 2011.
Margo T. Oge,
Director, Office of Transportation and Air Quality, Environmental
Protection Agency.
    Dated: August 29, 2011.
Ronald Medford,
Deputy Administrator, National Highway Traffic Safety Administration,
Department of Transportation.
[FR Doc. 2011-22664 Filed 9-2-11; 8:45 am]
BILLING CODE 6560-50-P