(2) The phrase major life activities means functions such as caring
for one's self, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, and work.
    (3) The phrase has a record of such an impairment means has a
history of, or has been misclassified as having, a mental or physical
impairment that substantially limits one or more major life activities.

    (4) The phrase is regarded as having such an impairment means--
    (i) Has a physical or mental impairment that does not substantially
limit major life activities, but which is treated by a public or
private entity as constituting such a limitation;
    (ii) Has a physical or mental impairment that substantially limits
a major life activity only as a result of the attitudes of others
toward such an impairment; or
    (iii) Has none of the impairments defined in paragraph (1) of this
definition but is treated by a public or private entity as having such
an impairment.
    (5) The term disability does not include--
    (i) Transvestism, transsexualism, pedophilia, exhibitionism,
voyeurism, gender identity disorders not resulting from physical
impairments, or other sexual behavior disorders;
    (ii) Compulsive gambling, kleptomania, or pyromania; or
    (iii) Psychoactive substance abuse disorders resulting from the
current illegal use of drugs.
    ``Facility'' means all or any portion of buildings, structures,
sites, complexes, equipment, roads, walks, passageways, parking lots,
or other real or personal property, including the site where the
building, property, structure, or equipment is located.
    ``Individual with a disability'' means a person who has a
disability, but does not include an individual who is currently
engaging in the illegal use of drugs, when a public or private entity
acts on the basis of such use.
    ``Operates'' includes, with respect to passenger vessel service,
the provision of transportation by a public or private entity itself or
by a person under a contractual or other arrangement or relationship
with the entity.
    ``Passenger for hire'' means a passenger for whom consideration is
contributed as a condition of carriage on the vessel, whether directly
or indirectly flowing to the owner, charterer, operator, agent, or any
other person having an interest in the vessel.
    ``Passenger vessel'' means any ship, boat, or other craft used as a
conveyance on water, regardless of its means of propulsion, which
accepts passengers, whether or not for hire. The term does not include
boats or other craft rented or leased to and operated solely by
consumers or fixed floating structures permanently moored or attached
to a landside facility.
    ``Passenger vessel owner or operator (PVO)'' means any public or
private entity that owns or operates a passenger vessel. When the party
that owns a passenger vessel is a different party from the party that
operates the vessel, both are responsible for complying with the
requirements of this Part. To be a PVO for purposes of this Part, a
private entity must be a private entity primarily engaged in the
business of transporting people, as determined by the Department of
Transportation in consultation with the Department of Justice.
    ``Private entity'' means any entity other than a public entity that
is primarily engaged in the business of transporting people.
    ``Public entity'' means:
    (1) Any State or local government; or
    (2) Any department, agency, special purpose district, or other
instrumentality of one or more State or local governments (including an
entity established to provide public ferry service).
    ``Qualified individual with a disability'' means an individual with
a disability--
    (1) Who, as a passenger (referred to as a ``passenger with a
disability''), with respect to obtaining transportation on or use of a
passenger vessel, or other services or accommodations required by this
Part,
    (i) Buys or otherwise validly obtains, or makes a good faith effort
to obtain, a ticket for transportation on a passenger vessel and
presents himself or herself at the vessel for the purpose of traveling
on the voyage to which the ticket pertains; or
    (ii) With respect to use of a passenger vessel for which members of
the public are not required to obtain tickets, presents himself or
herself at the vessel for the purpose of using the vessel for the
purpose for which it is made available to the public; and
    (iii) Meets reasonable, nondiscriminatory requirements applicable
to all passengers; or
    (2) Who, with respect to accompanying or meeting a traveler, using
ground transportation, using facilities, or obtaining information about
schedules, fares, reservations, or policies, takes those actions
necessary to use facilities or services offered by the PVO to the
general public, with reasonable modifications, as needed, provided by
the PVO.
    ``Secretary'' means the Secretary of Transportation or his/her
designee.
    ``Section 504'' means section 504 of the Rehabilitation Act of 1973
(Pub. L. 93-112, 87 Stat. 394, 29 U.S.C. 794), as amended.
    ``Service animal'' means any guide dog, signal dog, or other animal
individually trained to work or perform tasks for an individual with a
disability, including, but not limited to, guiding individuals with
impaired vision, alerting individuals with impaired hearing to
intruders or sounds, alerting persons with seizure disorders to the
onset of a seizure, providing minimal protection or rescue work,
pulling a wheelchair, or fetching dropped items.
    ``Specified public transportation'' means transportation by
passenger vessel provided by a private entity to the general public,
with general or special service (including charter service) on a
regular and continuing basis, where the private entity is primarily
engaged in the business of transporting people.
    ``Terminal'' means, with respect to passenger vessel
transportation, the portion of a property located adjacent to a dock,
entry ramp, or other means of boarding a passenger vessel, including
areas through which passengers gain access to land transportation,
passenger shelters, designated waiting areas, ticketing areas, and
baggage drop-off and retrieval sites, to the extent that the PVO owns
or leases the facility or exercises control over the selection, design,
construction, or alteration of the property.
    ``United States'' or ``U.S.'' means the United States of America,
including its territories, commonwealths, and possessions.
    ``Wheelchair'' means any mobility aid belonging to any class of
three or four-wheeled devices, usable indoors, designed for and used by
individuals with mobility impairments, whether operated manually or
powered.
    ``You'' means the owner or operator of a passenger vessel, unless
the context requires a different meaning.

Sec.  39.5  To whom do the provisions of this Part apply?

    (a) Except as provided in paragraph (b) or (c) of this section,
this Part applies to you if you are the owner or operator of any
passenger vessel, and you are:
    (1) A public entity that provides designated public transportation;
or
    (2) A private entity primarily engaged in the business of
transporting people whose operations affect commerce and that provides
specified public transportation;
    (b) If you are the PVO of a foreign-flag passenger vessel, this
Part applies to you only if your vessel picks up passengers at a port
in the United States, its territories, possessions, or commonwealths.

Sec.  39.7  What other authorities concerning nondiscrimination on the
basis of disability apply to owners and operators of passenger vessels?

    (a) If you receive Federal financial assistance from the Department
of Transportation, compliance with applicable requirements of this part
is a condition of compliance with section 504 of the Rehabilitation Act
of 1973 and of receiving financial assistance.
    (b) You are also subject to ADA regulations of the Department of
Justice (28 CFR part 35 or 36, as applicable).

Sec.  39.9  What may the owner or operator of a foreign-flag vessel do
if it believes a provision of a foreign nation's law prohibits
compliance with a provision of this Part?

    (a) If you are the PVO of a foreign-flag vessel, and you believe
that a binding legal requirement of a foreign nation precludes you from
complying with a provision of this Part, you may request a waiver of
the provision of this Part.
    (b) You must send such a waiver request to the Department.
    (c) Your waiver request must include the following elements:
    (1) A copy, in the English language, of the foreign law involved;
    (2) A description of how the binding legal requirement of a foreign
nation applies and how it precludes compliance with a provision of this
Part;
    (3) A description of the alternative means you will use, if the
waiver is granted, to effectively achieve the objective of the
provision of this Part subject to the waiver or, if applicable, a
justification of why it would be impossible to achieve this objective
in any way.
    (d) If you submit such a waiver request before November 3, 2010 you
may continue to apply the foreign legal requirement pending the
Department's response to your waiver request.
    (e) The Department shall grant the waiver request if it determines
that the binding legal requirement of a foreign nation applies, that it
does preclude compliance with a provision of this Part, and that the
PVO has provided an effective alternative means of achieving the
objective of the provision of this Part subject to the waiver or clear
and convincing evidence that it would be impossible to achieve this
objective in any way.

Sec.  39.11  [Reserved]

Sec.  39.13  When must PVOs comply with the provisions of this part?

    You are required to comply with the requirements of this part
beginning November 3, 2010, except as otherwise provided in individual
sections of this part.

Subpart B--Nondiscrimination and Access to Services

Sec.  39.21  What is the general nondiscrimination requirement of this
part?

    (a) As a PVO, you must not do any of the following things, either
directly or through a contractual, licensing, or other arrangement:
    (1) You must not discriminate against any qualified individual with
a disability, by reason of such disability, with respect to the
individual's use of a vessel;
    (2) You must not require a qualified individual with a disability
to accept special services that the individual does not request;
    (3) You must not exclude a qualified individual with a disability
from or deny the person the benefit of any vessel transportation or
related services that are available to other persons, except when
specifically permitted by another section of this Part; and
    (4) You must not take any action against an individual (e.g.,
refusing to provide transportation) because the individual asserts, on
his or her own behalf or through or on behalf of others, rights
protected by this part or the ADA.
    (b)(1) As a PVO that is a private entity, you must make reasonable
modifications in policies, practices, or procedures when such
modifications are necessary to afford such goods, services, facilities,
privileges, advantages, or accommodations to individuals with
disabilities, unless you can demonstrate that making such modifications
would fundamentally alter the nature of such goods, services,
facilities, privileges, advantages, or accommodations.
    (2) As a PVO that is a public entity, you must make reasonable
modifications in policies, practices, or procedures when necessary to
avoid discrimination on the basis of disability, unless you can
demonstrate that making the modifications would fundamentally alter the
nature of the services, programs, or activities you offer.

Sec.  39.23  What are the requirements concerning contractors to owners
and operators of passenger vessels?

    (a) If, as a PVO, you enter into a contractual or other arrangement
or relationship with any other party to provide services to or
affecting passengers, you must ensure that the other party meets the
requirements of this Part that would apply to you if you provided the
service yourself.
    (b) As a PVO, you must include an assurance of compliance with this
Part in your contracts or agreements with any contractors who provide
to the public services that are subject to the requirements of this
Part. Noncompliance with this assurance is a material breach of the
contract on the contractor's part. With respect to contracts or
agreements existing on November 3, 2010, you must ensure the inclusion
of this assurance by November 3, 2011 or on the next occasion on which
the contract or agreement is renewed or amended, whichever comes first.
    (1) This assurance must commit the contractor to compliance with
all applicable provisions of this Part in activities performed on
behalf of the PVO.
    (2) The assurance must also commit the contractor to implementing
directives issued by your Complaints Resolution Officials (CROs) under
Sec.  39.103.
    (c) As a PVO, you must also include such an assurance of compliance
in your contracts or agreements of appointment with U.S. travel agents.
With respect to contracts or agreements with U.S. travel agents
existing on November 3, 2010, you must ensure the inclusion of this
assurance by November 3, 2011 or on the next occasion on which the
contract or agreement is renewed or amended, whichever comes first. You
are not required to include such an assurance in contracts with foreign
travel agents.
    (d) You remain responsible for your contractors' and U.S. travel
agents' compliance with this Part and with the assurances in your
contracts with them.
    (e) It is not a defense to an enforcement action under this Part
that your noncompliance resulted from action or inaction by a
contractor or U.S. travel agent.

Sec.  39.25  May PVOs refuse to provide transportation or use of a
vessel on the basis of disability?

    (a) As a PVO, you must not refuse to provide transportation or use
of a vessel to a passenger with a disability on the basis of his or her
disability, except as specifically permitted by this Part.
    (b) You must not refuse to provide transportation or use of a
vessel to a passenger with a disability because the person's disability
results in appearance or involuntary behavior that may offend, annoy,
or inconvenience crewmembers or other passengers.
    (c) If you refuse to provide transportation or use of a vessel to a
passenger on a basis relating to the individual's disability, you must
provide to the person a written statement of the reason for the
refusal. This statement must include the specific basis for your
opinion that the refusal meets the standards of Sec.  39.27 or is

otherwise specifically permitted by this part. You must provide this
written statement to the person within 10 calendar days of the refusal
of transportation or use of the vessel.

Sec.  39.27  Can a PVO take action to deny transportation or restrict
services to a passenger with a disability based on safety concerns?

    (a) As a PVO, you may take action to deny transportation or
restrict services to a passenger with a disability if necessitated by
legitimate safety requirements. Safety requirements must be based on
actual risks and not on mere speculation, stereotypes, or
generalizations about individuals with disabilities.

    Example 1 to paragraph 39.27(a): You may take such action in
order to comply with Coast Guard safety regulations.
    Example 2 to paragraph 39.27(a): You may take such action if
accommodating a large or heavy wheelchair would, together with its
occupant, create weight and balance problem that could affect
adversely the seaworthiness of the vessel or impede emergency egress
from the vessel.
    Example 3 to paragraph 39.27(a): You could restrict access to a
lifeboat for a mobility device that would limit access to the
lifeboat for other passengers.

    (b) In taking action pursuant to legitimate safety requirements,
you must take the action that imposes the minimum feasible burdens or
limitations from the point of view of the passenger. For example, if
you can meet legitimate safety requirements by a means short of
refusing transportation to a passenger, you must do so.
    (c) You may take action to deny transportation or restrict services
to a passenger if the passenger poses a direct threat to others. In
determining whether an individual poses a direct threat to the health
or safety of others, the PVO must make an individualized assessment,
based on reasonable judgment that relies on current medical knowledge
or on the best available objective evidence, to ascertain: The nature,
duration, and severity of the risk; the probability that the potential
injury will actually occur; and whether reasonable modifications of
policies, practices, or procedures will mitigate the risk.

Sec.  39.29  May PVOs limit the number of passengers with a disability
on a passenger vessel?

    As a PVO, you must not limit the number of passengers with a
disability other than individuals with a mobility disability on your
vessel. However, if in the Captain's judgment, weight or stability
issues are presented by the presence of mobility devices and would
conflict with legitimate safety requirements pertaining to the vessel
and its passengers, then the number of passengers with mobility aids
may be limited, but only to the extent reasonable to prevent a avoid
such a conflict.

Sec.  39.31  May PVOs limit access to transportation or use of a vessel
on the basis that a passenger has a communicable disease?

    (a) You must not take any of the following actions on the basis
that a passenger has a communicable disease or infection, unless one of
the conditions of paragraph (b) of this section exists:
    (1) Refuse to provide transportation or use of a vessel to the
passenger;
    (2) Delay the passenger's transportation or use of the vessel
(e.g., require the passenger to take a later trip);
    (3) Impose on the passenger any condition, restriction, or
requirement not imposed on other passengers; or
    (4) Require the passenger to provide a medical certificate.
    (b) You may take actions listed in paragraph (a) of this section
only if either or both of the conditions listed in paragraphs (b)(1)
and (2) of this section are met. The action you take must be the least
restrictive from the point of view of the passenger, consistent with
protecting the health of other passengers.
    (1) U.S. or international public health authorities (e.g., the
Centers for Disease Control, Public Health Service, World Health
Organization) have determined that persons with a particular condition
should not be permitted to travel or should travel only under
conditions specified by the public health authorities;
    (2) An individual has a condition that is both readily
transmissible by casual contact in the context of traveling on or using
a passenger vessel and has serious health consequences.

    Example 1 to paragraph 39.31(b)(2). A passenger has a common
cold. This condition is readily transmissible by casual contact but
does not have serious health consequences. You may not take any of
the actions listed in paragraph (a) of this section.
    Example 2 to paragraph 39.31(b)(2): A passenger has HIV/AIDS.
This condition is not readily transmissible by casual contact but
does have serious health consequences. You may not take any of the
actions listed in paragraph (a) of this section.
    Example 3 to paragraph 39.31(b)(2): A passenger has SARS or a
norovirus. These conditions are readily transmissible by casual
contact and have serious health consequences. You may take an action
listed in paragraph (a) of this section.
    Example 4 to paragraph 39.31(b)(2). A passenger has a condition
that is not readily transmissible by casual contact to or does not
have serious health consequences for the general passenger
population. However, it is possible that it could be readily
transmitted by casual contact with and have serious health
consequences for an individual with a severe allergy or severely
compromised immune system. You may not take any of the actions
listed in paragraph (a) of this section.

    (c) Any action of those listed in paragraph (a) of this section
that you take under paragraph (b) of this section must be the least
drastic action you can take to protect the health of other passengers.
For example, if you can protect the health of other passenger by
imposing a condition on the transportation of a passenger with a
communicable disease (e.g., limiting the passenger's access to certain
facilities on the vessel for a period of time), you cannot totally deny
transportation on the vessel.
    (d) For purposes of paragraph (a)(4) of this section, a medical
certificate is a written statement from the passenger's physician
saying that the passenger's disease or infection would not, under the
present conditions in the particular passenger's case, be readily
communicable to other persons by casual contact during the normal
course of the passenger's transportation or use of the vessel. Such a
medical certificate must state any conditions or precautions that would
have to be observed to prevent the transmission of the disease or
infection to other persons in the normal course of the passenger's
transportation on or use of the vessel. It must be sufficiently recent
to pertain directly to the communicable disease presented by the
passenger at the time the passenger seeks to board the vessel.
    (e) If your action under this section results in the postponement
of a passenger's transportation or use of the vessel, you must permit
the passenger to travel or use the vessel at a later available time (up
to one year from the date of the postponed trip or use of the vessel)
at the cost that would have applied to the passenger's originally
scheduled trip or use of the vessel without penalty or, at the
passenger's discretion, provide a refund for any unused transportation
or use of the vessel. If there is no available reservation within one
year, you must provide a refund.
    (f) If you take any action under this section that restricts a
passenger's transportation or use of the vessel, you must, on the
passenger's request, provide a written explanation within 10 days of
the request.

Sec.  39.33  May PVOs require a passenger with a disability to provide
a medical certificate?

    Except as provided in Sec.  39.31, you must not require a passenger
with a disability to have a medical certificate as a condition for
being provided transportation on your vessel.

Sec.  39.35  May PVOs require a passenger with a disability to provide
advance notice that he or she is traveling on or using a passenger
vessel when no particular services are sought?

    As a PVO, you must not require a passenger with a disability to
provide advance notice of the fact that he or she is traveling on or
using a passenger vessel when the passenger is not seeking particular
auxiliary aids or services, or special privileges or services, that in
order to be provided need to be arranged before the passenger arrives
to board the vessel. The PVO always has an obligation to provide
effective communication between the PVO and individuals who are deaf or
hard of hearing or blind or visually impaired through the use of
appropriate auxiliary aids and services.

Sec.  39.37  May PVOs require a passenger with a disability to provide
advance notice in order to obtain particular auxiliary aids and
services or to arrange group travel?

    (a) Except as provided in this section, as a PVO you must not
require a passenger with a disability to provide advance notice in
order to obtain services or privileges required by this Part.
    (b) If 10 or more passengers with a disability seek to travel as a
group, you may require 72 hours advance notice for the group's travel.
    (c) With respect to providing particular auxiliary aids and
services, you may request reasonable advance notice to guarantee the
availability of those aids or services.
    (d) Your reservation and other administrative systems must ensure
that when passengers provide the advance notice that you require,
consistent with this section, for services and privileges, the notice
is communicated, clearly and on time, to the people responsible for
providing the requested service or accommodation.

Sec.  39.39  How do PVOs ensure that passengers with disabilities are
able to use accessible cabins?

    (a) As a PVO operating a vessel that has accessible cabins, you
must follow the requirements of this Part to ensure that passengers
with disabilities who need accessible cabins have nondiscriminatory
access to them.
    (b) You must, with respect to reservations made by any means (e.g.,
telephone, Internet, in person, or through a third party):
    (1) Modify your policies, practices, or procedures to ensure that
individuals with disabilities can make reservations for accessible
cabins during the same hours and in the same manner as individuals who
do not need accessible cabins;
    (2) Identify and describe accessible features in the cabins offered
through your reservations service in enough detail to permit
individuals with disabilities to assess independently whether a given
cabin meets his or her accessibility needs.
    (3) Ensure that accessible cabins are held for use by individuals
with disabilities until all other cabins in that class of service have
been rented;
    (4) Reserve accessible cabins upon request by a passenger with
disabilities and ensure that the specific accessible cabin reserved by
that passenger is held for him or her, even you do not normally hold
specific cabins for passengers who make reservations.
    (c) You may release unsold accessible cabins to persons without
disabilities for their own use when all other cabins in the same class
of service and price for a voyage have been reserved.
    (d) If a passenger with a disability seeks to reserve an accessible
cabin in a given class of service, and there is not an available
accessible cabin in that class of service, but there is an available
accessible cabin in a different class of service, you must allow the
passenger to reserve that accessible cabin at the price of the
requested class of service of the class of service in which the
accessible cabin exists, whichever is lower.
    (e) As a PVO, you are never required to deny transportation to any
passenger who has already reserved passage in order to accommodate a
passenger with a disability in an accessible cabin.
    (f) You must not require proof of disability, including, for
example, a doctor's note, before reserving an accessible cabin.
    (g) To prevent fraud in the assignment of accessible cabins (e.g.,
attempts by individuals who do not have disabilities to reserve
accessible cabins because they have greater space, you--
    (1) Must inquire of persons seeking to reserve such cabins whether
the individual (or an individual for whom the cabin is being reserved)
has a mobility disability or a disability that requires the use of the
accessible features that are provided in the cabin.
    (2) May require a written attestation from the individual that
accessible cabin is for a person who has a mobility disability or a
disability that requires the use of the accessible features that are
provided in the cabin.
    (h) You must investigate the potential misuse of accessible cabins
where there is good cause to believe that such cabins have been
purchased fraudulently, and you may take appropriate action against
someone who has reserved or purchased such a cabin fraudulently. For
example, if an individual who does not have a disability reserves an
accessible cabin, after having attested that he or she has a mobility
disability, you may deny transportation to the individual.

Sec.  39.41  May a passenger with a disability be required to travel
with another person?

    (a) You must not require that a passenger with a disability travel
with another person as a condition of being provided transportation on
or use of a passenger vessel.
    (b) Your personnel are not required to perform personal tasks
(e.g., assisting with eating, dressing, toileting) for a passenger.

Sec.  39.43  May PVOs impose special charges on passengers with a
disability for providing services required by this rule?

    (a) As a PVO, you must not charge higher fares, surcharges, or
other fees to passengers with a disability that are not imposed on
other passengers for transportation or use of the vessel.
    (b) If the accommodations on a vessel that are accessible to
passengers with a disability are available only in a type or class of
service or part of a vessel that are more expensive than the type or
class of service or part of a vessel that the passenger requests, you
must provide the accessible accommodation at the price of the type or
class of service or facility that the passenger requests.
    (c) You must not impose special or extra charges for providing
facilities, equipment, or services that this rule requires to be
provided to passengers with a disability.

Sec.  39.45  May PVOs impose other restrictions on passengers with a
disability that they do not impose on other passengers?

    (a) As a PVO, you must not subject passengers with a disability to
restrictions that do not apply to other passengers, except as otherwise
explicitly permitted in this Part.
    (b) Restrictions you must not impose on passengers with a
disability include, but are not limited to, the following:
    (1) Restricting passengers' movement within the vessel or a
terminal;
    (2) Requiring passengers to remain in a holding area or other
location in order to receive transportation or services;

    (4) Requiring passengers to wear badges or other special
identification; or
    (5) Requiring ambulatory passengers, including but not limited to
blind or visually impaired passengers, to use a wheelchair or other
mobility device in order to receive assistance required by this Part or
otherwise offered to the passenger.
    (c) Special muster stations for disabled individuals are
permissible for emergency evacuations in order to centrally locate
available resources.

Sec.  39.47  May PVOs require passengers with a disability to sign
waivers or releases?

    (a) As a PVO, you must not require passengers with a disability to
sign any release or waiver of liability not required of all passengers
in order to receive transportation or use of a vessel or to receive
services relating to a disability.
    (b) You must not require passengers with a disability to sign
waivers of liability for damage to or loss of wheelchairs or other
mobility or assistive devices.

Subpart C--Information for Passengers

Sec.  39.51  What is the general requirement for PVOs' provision of
auxiliary aids and services to passengers?

    (a) If you are a PVO that is a public entity, you must furnish
appropriate auxiliary aids and services where necessary to afford an
individual with a disability an equal opportunity to participate in,
and enjoy the benefits of, a service, program or activity. In
determining what type of auxiliary aid or service is necessary, you
must give primary consideration to the requests of individuals with
disabilities.
    (b) If you are a PVO that is a private entity, you must furnish
appropriate auxiliary aids or services where necessary to ensure
effective communication with individuals with disabilities.
    (c) If a provision of a particular auxiliary aid or service would
result in a fundamental alteration in the nature of the goods,
services, facilities, privileges, advantages, or accommodations being
offered or in an undue burden, you shall provide an alternative
auxiliary aid or service, if one exists, that would not result in a
fundamental alteration or undue burden but would nevertheless ensure
that, to the maximum extent possible, individuals with disabilities
receive the goods, services, facilities, privileges, advantages, or
accommodations you offer.
    (d) As a PVO, it is your responsibility, not that of a passenger
with a disability, to provide needed auxiliary aids and services.

Sec.  39.53  What information must PVOs provide to passengers with a
disability?

    As a PVO, you must provide the following information to individuals
who self-identify as having a disability (including those who are deaf
or hard of hearing or who are blind or visually impaired) or who
request disability-related information, or persons making inquiries on
the behalf of such persons. The information you provide must, to the
maximum extent feasible, be specific to the vessel a person is seeking
to travel on or use.
    (a) The availability of accessible facilities on the vessel
including, but not limited to, means of boarding the vessel, toilet
rooms, staterooms, decks, dining, and recreational facilities.
    (b) Any limitations of the usability of the vessel or portions of
the vessel by people with mobility impairments;
    (c) Any limitations on the accessibility of boarding and
disembarking at ports at which the vessel will call (e.g., because of
the use of inaccessible lighters or tenders as the means of coming to
or from the vessel);
    (d) Any limitations on the accessibility of services or tours
ancillary to the transportation provided by the vessel concerning which
the PVO makes arrangements available to passengers;
    (e) Any limitations on the ability of a passenger to take a service
animal off the vessel at foreign ports at which the vessel will call
(e.g., because of quarantine regulations) and provisions for the care
of an animal acceptable to the PVO that the passenger must meet when
the passenger disembarks at a port at which the animal must remain
aboard the vessel.
    (f) The services, including auxiliary aids and services, available
to individuals who are deaf or hard of hearing or blind or visually
impaired.
    (g) Any limitations on the ability of the vessel to accommodate
passengers with a disability.
    (h) Any limitations on the accessibility of boarding and
disembarking at ports at which the vessel will call and services or
tours ancillary to the transportation provided by the vessel concerning
which the PVO makes arrangements available to passengers.

Sec.  39.55  Must information and reservation services of PVOs be
accessible to individuals with hearing or vision impairments?

    This section applies to information and reservation services made
available to persons in the United States.
    (a) If, as a PVO, you provide telephone reservation or information
service to the public, you must make this service available to
individuals who are deaf or hard-of-hearing and who use a text
telephone (TTY) or a TTY relay service (TRS).
    (1) You must make service to TTY/TRS users available during the
same hours as telephone service for the general public.
    (2) Your response time to TTY/TRS calls must be equivalent to your
response time for your telephone service to the general public.
    (3) You must meet this requirement by [date one year from the
effective date of this Part].
    (b) If, as a PVO, you provide written (i.e., hard copy) information
to the public, you must ensure that this information is able to be
communicated effectively, on request, to persons with vision
impairments. You must provide this information in the same language(s)
in which you make it available to the general public.

Sec.  39.57  Must PVOs make copies of this rule available to
passengers?

    As a PVO, you must keep a current copy of this Part on each vessel
and each U.S. port or terminal you serve and make it available to
passengers on request. If you are an entity that does not receive
Federal financial assistance, you are not required to make this copy
available in languages other than English. You must make it available
in accessible formats on request, subject to the provisions of Sec.
39.51(c).

Subpart D--Accessibility of Landside Facilities

Sec.  39.61  What requirements must PVOs meet concerning the
accessibility of terminals and other landside facilities?

    As a PVO, you must comply with the following requirements with
respect to all terminal and other landside facilities you own, lease,
or control in the United States (including its territories,
possessions, and commonwealths):
    (a) With respect to new facilities, you must do the following:
    (1) You must ensure that terminal facilities are readily accessible
to and usable by individuals with disabilities, including individuals
who use wheeled mobility assistive devices. You are deemed to comply
with this obligation if the facilities meet the requirements of 49 CFR
37.9, and the standards referenced in that section.
    (2) You must ensure that there is an accessible route between the
terminal or other passenger waiting area and the boarding ramp or
device used for the vessel. An accessible route is one

meeting the requirements of the standards referenced in 49 CFR 37.9.
    (b) When a facility is altered, the altered portion must meet the
same standards that would apply to a new facility.
    (c) With respect to an existing facility, your obligations are the
following:
    (1) If you are a public entity, you must ensure that your terminals
and other landside facilities meet program accessibility requirements,
consistent with Department of Justice requirements at 28 CFR 35.150.
    (2) If you are a private entity, you are required to remove
architectural barriers where doing so is readily achievable, i.e.,
easily accomplishable and able to be carried out without much
difficulty or expense, consistent with Department of Justice
requirements at 28 CFR 36.304 or, if not readily achievable, ensure
that your goods, services, facilities, privileges, advantages, or
accommodations are available through alternative methods if those
methods are readily achievable, consistent with Department of Justice
regulations at 28 CFR 36.305.
    (d) Where you share responsibility for ensuring accessibility of a
facility with another entity, you and the other entity are jointly and
severally responsible for meeting applicable accessibility
requirements.

Sec.  39.63  What modifications and auxiliary aids and services are
required at terminals and other landside facilities for individuals
with hearing or vision impairments?

    (a) As a PVO, you must ensure that the information you provide to
the general public at terminals and other landside facilities is
effectively communicated to individuals who are blind or who have
impaired vision and deaf or hard-of-hearing individuals, through the
use of auxiliary aids and services. To the extent that this information
is not available to these individuals through accessible signage and/or
verbal public address announcements or other means, your personnel must
promptly provide the information to such individuals on their request,
in languages (e.g., English, Norwegian, Japanese) in which the
information is provided to the general public.
    (b) The types of information you must make available include, but
are not limited to, information concerning ticketing, fares, schedules
and delays, and the checking and claiming of luggage.

Subpart E--Accessibility of Vessels [Reserved]

Subpart F--Assistance and Services to Passengers With Disabilities

Sec.  39.81  What assistance must PVOs provide to passengers with a
disability in getting to and from a passenger vessel?

    (a) As a PVO, if you provide, contract for, or otherwise arrange
for transportation to and from a passenger vessel in the U.S. (e.g., a
bus transfer from an airport to a vessel terminal), you must ensure
that the transfer service is accessible to and usable by individuals
with disabilities, as required by this Part.
    (b) You must also provide assistance requested by or on behalf of a
passenger with a disability in moving between the terminal entrance (or
a vehicle drop-off point adjacent to the entrance) of a terminal in the
U.S. and the place where people get on or off the passenger vessel.
This requirement includes assistance in accessing key functional areas
of the terminal, such as ticket counters and baggage checking/claim. It
also includes a brief stop upon request at an accessible toilet room.

Sec.  39.83  What are PVOs' obligations for assisting passengers with a
disability in getting on and off a passenger vessel?

    (a) If a passenger with a disability can readily get on or off a
passenger vessel without assistance, you are not required to provide
such assistance to the passenger. You must not require such a passenger
with a disability to accept assistance from you in getting on or off
the vessel unless it is provided to all passengers as a matter of
course.
    (b) With respect to a passenger with a disability who is not able
to get on or off a passenger vessel without assistance, you must
promptly provide assistance that ensures that the passenger can get on
or off the vessel.
    (c) When you have to provide assistance to a passenger with a
disability in getting on or off a passenger vessel, you may use any
available means to which the passenger consents (e.g., lifts, ramps,
boarding chairs, assistance by vessel personnel).

Sec.  39.85  What services must PVOs provide to passengers with a
disability on board a passenger vessel?

    As a PVO, you must provide services on board the vessel as
requested by or on behalf of passengers with a disability, or when
offered by PVO personnel and accepted by passengers with a disability,
as follows:
    (a) Assistance in moving about the vessel, with respect to any
physical barriers rendering an area not readily accessible and usable
to the passenger.
    (b) If food is provided to passengers on the vessel, assistance in
preparation for eating, such as opening packages and identifying food;
    (c) Effective communication with passengers who have vision
impairments or who are deaf or hard-of-hearing, so that these
passengers have timely access to information the PVO provides to other
passengers (e.g., weather, on-board services, delays).

Sec.  39.87  What services are PVOs not required to provide to
passengers with a disability on board a passenger vessel?

    As a PVO, you are not required to provide extensive special
assistance to passengers with a disability. For purposes of this
section, extensive special assistance includes the following
activities:
    (a) Assistance in actual eating;
    (b) Assistance within a toilet room or assistance elsewhere on the
vessel with elimination functions; and
    (c) Provision of medical equipment or services, or personal
devices, except to the extent provided to all passengers.

Sec.  39.89  What requirements apply to on-board safety briefings,
information, and drills?

    As a PVO, you must comply with the following requirements with
respect to safety briefings, information, or drills provided to
passengers:
    (a) You must provide the briefings or other safety-related
information through means that effectively communicate their content to
persons with vision or hearing impairments, using auxiliary aids and
services where necessary for effective communication. This includes
providing written materials in alternative formats that persons with
vision impairments can use.
    (b) You must not require any passenger with a disability to
demonstrate that he or she has listened to, read, or understood the
information presented, except to the extent that you impose such a
requirement on all passengers. You must not take any action adverse to
a qualified individual with a disability on the basis that the person
has not ``accepted'' the briefing.
    (c) As a PVO, if you present on-board safety briefings to
passengers on video screens, you must ensure that the safety-video
presentation is accessible to passengers with impaired hearing (e.g.,
through use of captioning or placement of a sign language interpreter
in the video).
    (d) You must provide whatever assistance is necessary to enable
passengers with disabilities to

participate fully in safety or emergency evacuation drills provided to
all passengers.
    (e) You must maintain evacuation programs, information, and
equipment in locations that passengers can readily access and use.

Sec.  39.91  Must PVOs permit passengers with a disability to travel
with service animals?

    (a) As a PVO, you must permit service animals to accompany
passengers with a disability.
    (b) You must permit the service animal to accompany the passenger
in all locations that passengers can use on a vessel, including in
lifeboats.
    (c) You must permit the passenger accompanied by the service animal
to bring aboard a reasonable quantity of food for the animal aboard the
vessel at no additional charge. If your vessel provides overnight
accommodations, you must also provide reasonable refrigeration space
for the service animal food.
    (d) You must accept the following as evidence that an animal is a
service animal: Identification cards, other written documentation,
presence of harnesses, tags, and/or the credible verbal assurances of a
passenger with a disability using the animal.
    (e) If the legal requirements of a foreign government (e.g.,
quarantine regulations) do not permit a service animal to disembark at
a foreign port, as a PVO you may require the animal to remain on board
while its user leaves the vessel. You must work with the animal's user
to ensure that the animal is properly cared for during the user's
absence.

Sec.  39.93  What wheelchairs and other assistive devices may
passengers with a disability bring onto a passenger vessel?

    (a) As a PVO subject to Title III of the ADA, you must permit
individuals with mobility disabilities to use wheelchairs and manually
powered mobility aids, such as walkers, crutches, canes, braces, or
other similar devices designed for use by individuals with mobility
disabilities in any areas open to pedestrian use.
    (b)(1) As A PVO subject to Title III of the ADA, you must make
reasonable modifications in your policies, practices, or procedures to
permit the use of other power-driven mobility devices by individuals
with mobility disabilities, unless you can demonstrate that a device
cannot be operated on board the vessel consistent with legitimate
safety requirements you have established for the vessel.
    (2) In determining whether a particular other power-driven mobility
device can be allowed on a specific vessel as a reasonable modification
under paragraph (b)(1) of this section, the PVO must consider:
    (i) The type, size, weight, dimensions, and speed of the device;
    (ii) The vessel's volume of pedestrian traffic (which may vary at
different times of the day, week, month, or year);
    (iii) The vessel's design and operational characteristics (e.g.,
the size and balance requirements of the vessel, the density and
placement of stationary devices, and the availability of storage for
the device, if requested by the user);
    (iv) Whether legitimate safety requirements can be established to
permit the safe operation of a device in the specific vessel; and
    (c)(1) As a PVO subject to Title III of the ADA, you must not ask
an individual using a wheelchair or other power-driven mobility device
questions about the nature and extent of the individual's disability.
    (2) You may ask a person using an other power-driven mobility
device to provide a credible assurance that the mobility device is
required because of the person's disability. In response to this
inquiry, you must accept the presentation of a valid, State-issued
disability parking placard or card, or State-issued proof of disability
as a credible assurance that the use of the other power-driven mobility
device is for the individual's mobility disability. In lieu of a valid,
State-issued disability parking placard or card, or State-issued proof
of disability, a PVO shall accept as a credible assurance a verbal
representation not contradicted by observable fact, that the other
power-driven mobility device is being used for a mobility disability.
    (d) As a PVO subject to Title II of the ADA, you must follow the
requirements of paragraphs (a) through (c) of this section. In
addition, any restriction you impose on the use of an other powered
mobility device on your vessel must be limited to the minimum necessary
to meet a legitimate safety requirement. For example, if a device can
be accommodated in some spaces of the vessel but not others because of
a legitimate safety requirement, you could not completely exclude the
device from the vessel.
    (e) As a PVO, you are not required to permit passengers with a
disability to bring wheelchairs or other powered mobility devices into
lifeboats or other survival craft, in the context of an emergency
evacuation of the vessel.

Sec.  39.95  May PVOs limit their liability for loss of or damage to
wheelchairs or other assistive devices?

    Consistent with any applicable requirements of international law,
you must not apply any liability limits with respect to loss of or
damage to wheeled mobility assistive devices or other assistive
devices. The criterion for calculating the compensation for a lost,
damaged, or destroyed wheelchair or other assistive device is the
original purchase price of the device.

Subpart G--Complaints and Enforcement Procedures

Sec.  39.101  What are the requirements for providing Complaints
Resolution Officials?

    (a) As a PVO, you must designate one or more Complaints Resolution
Officials (CROs).
    (b) You must make a CRO available for contact on each vessel and at
each terminal that you serve. The CRO may be made available in person
or via telephone, if at no cost to the passenger. If a telephone link
to the CRO is used, TTY or TRS service must be available so that
persons with hearing impairments may readily communicate with the CRO.
You must make CRO service available in the language(s) in which you
make your other services available to the general public.
    (c) You must make passengers with a disability aware of the
availability of a CRO and how to contact the CRO in the following
circumstances:
    (1) In any situation in which any person complains or raises a
concern with your personnel about discrimination, policies, or services
with respect to passengers with a disability, and your personnel do not
immediately resolve the issue to the customer's satisfaction or provide
a requested accommodation, your personnel must immediately inform the
passenger of the right to contact a CRO and the location and/or phone
number of the CRO available on the vessel or at the terminal. Your
personnel must provide this information to the passenger in a format he
or she can use.
    (2) Your reservation agents, contractors, and Web sites must
provide information equivalent to that required by paragraph (c)(1) of
this section to passengers with a disability using those services.
    (d) Each CRO must be thoroughly familiar with the requirements of
this Part and the PVO's procedures with respect to passengers with a
disability. The CRO is intended to be the PVO's ``expert'' in
compliance with the requirements of this Part.
    (e) You must ensure that each of your CROs has the authority to
make

dispositive resolution of complaints on behalf of the PVO. This means
that the CRO must have the power to overrule the decision of any other
personnel, except that the CRO may not be given authority to
countermand a decision of the master of a vessel with respect to safety
matters.

Sec.  39.103  What actions do CROs take on complaints?

    When a complaint is made directly to a CRO (e.g., orally, by phone,
TTY) the CRO must promptly take dispositive action as follows:
    (a) If the complaint is made to a CRO before the action or proposed
action of PVO personnel has resulted in a violation of a provision of
this Part, the CRO must take, or direct other PVO personnel to take,
whatever action is necessary to ensure compliance with this Part.
    (b) If an alleged violation of a provision of this Part has already
occurred, and the CRO agrees that a violation has occurred, the CRO
must provide to the complainant a written statement setting forth a
summary of the facts and what steps, if any, the PVO proposes to take
in response to the violation.
    (c) If the CRO determines that the PVO's action does not violate a
provision of this Part, the CRO must provide to the complainant a
written statement including a summary of the facts and the reasons,
under this Part, for the determination.
    (d) The statements required to be provided under this section must
inform the complainant of his or her right to complain to the
Department of Transportation and/or Department of Justice. The CRO must
provide the statement in person to the complainant in person if
possible; otherwise, it must be transmitted to the complainant within
10 calendar days of the complaint.

Sec.  39.105  How must PVOs respond to written complaints?

    (a) As a PVO, you must respond to written complaints received by
any means (e.g., letter, fax, e-mail, electronic instant message)
concerning matters covered by this Part.
    (b) A passenger making a written complaint, must state whether he
or she had contacted a CRO in the matter, provide the name of the CRO
and the date of the contact, if available, and enclose any written
response received from the CRO.
    (c) As a PVO, you are not required to respond to a complaint from a
passenger postmarked or transmitted more than 45 days after the date of
the incident.
    (d) As a PVO, you must make a dispositive written response to a
written disability complaint within 30 days of its receipt. The
response must specifically admit or deny that a violation of this part
has occurred. The response must be effectively communicated to the
recipient.
    (1) If you admit that a violation has occurred, you must provide to
the complainant a written statement setting forth a summary of the
facts and the steps, if any, you will take in response to the
violation.
    (2) If you deny that a violation has occurred, your response must
include a summary of the facts and your reasons, under this Part, for
the determination.
    (3) Your response must also inform the complainant of his or her
right to pursue DOT or DOJ enforcement action under this part, as
applicable. DOT has enforcement authority under Title II of the ADA for
public entities and under section 504 of the Rehabilitation Act for
entities that receive Federal financial assistance; DOJ has enforcement
authority under Title III of the ADA for private entities.

Sec.  39.107  Where may persons obtain assistance with matters covered
by this regulation?

    A passenger, PVO, or any other person may obtain information,
guidance, or other assistance concerning 49 CFR part 39 from then DOT
Departmental Office of Civil Rights and/or DOT Office of General
Counsel, 1200 New Jersey Avenue, SE., Washington, DC 20590.

Sec.  39.109  What enforcement actions may be taken under this Part?

    (a) The Department of Transportation investigates complaints and
conducts reviews or other inquiries into the compliance with this Part
of PVOs that are Title II entities.
    (b) As a PVO subject to Title II of the ADA, you must be prepared
to provide to the Department of Transportation a written explanation of
your action in any situation in which you exclude or restrict an
individual with a disability or any mobility or other assistive device
used by such an individual with respect to the use of your vessel.
    (c) The Department of Transportation investigates complaints
conducts compliance reviews or other inquiries into the compliance of
this Part of PVOs, whether private or public entities, that receive
Federal financial assistance from the Department, under section 504 of
the Rehabilitation Act of 1973, as amended.
    (d) The Department may refer any matter concerning the compliance
of PVOs with this Part to the Department of Justice for enforcement
action.
    (e) The Department of Justice investigates complaints and conducts
reviews or other inquiries into the compliance with this Part of PVOs
that are Title III entities.
    (f) The Department of Justice may file suit in Federal court
against both Title II and Title III PVOs for violations of this part.

[FR Doc. 2010-15101 Filed 7-2-10; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Page 39285]
[FR Doc No: 2023-12752]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-97678; File No. SR-CBOE-2023-019]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change To Make Permanent the Operation of its Pilot Program That Allows
the Exchange To List P.M.-Settled Third Friday-of-the-Month Mini-SPX
Index (``XSP'') Options and Mini-Russell 2000 Index (``MRUT'') Options
Series

June 9, 2023.
    On April 19, 2023, Cboe Exchange, Inc. (``Exchange'') filed with
the Securities and Exchange Commission (``Commission''), pursuant to
section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to make permanent
the operation of its pilot program that permits the Exchange to list
P.M.- settled third Friday-of-the-month Mini-SPX and Mini-Russell 2000
Index options. The proposed rule change was published for comment in
the Federal Register on April 28, 2023.\3\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 97366 (April 24,
2023), 88 FR 26359.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding, or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is June 12, 2023.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission is extending this 45-day time period. The Commission
finds that it is appropriate to designate a longer period within which
to take action on the proposed rule change so that it has sufficient
time to consider the proposed rule change. Accordingly, the Commission,
pursuant to section 19(b)(2) of the Act,\5\ designates July 27, 2023,
as the date by which the Commission shall either approve or disapprove,
or institute proceedings to determine whether to disapprove, the
proposed rule change (File No. SR-CBOE-2023-019).
---------------------------------------------------------------------------

    \5\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-12752 Filed 6-14-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Notices]
[Pages 48303-48304]
[FR Doc No: 2018-20729]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC18-156-000.
    Applicants: American Transmission Systems, Incorporated.
    Description: Application for Authorization of Transaction under
Section 203 of the Federal Power Act, et al. of American Transmission
Systems, Incorporated.
    Filed Date: 9/14/18.
    Accession Number: 20180914-5186.
    Comments Due: 5 p.m. ET 10/5/18.

    Docket Numbers: EC18-157-000.
    Applicants: Wisconsin Public Service Corporation, Wisconsin Power
and Light Company, Wisconsin River Power Company.
    Description: Joint Application for Authorization under Section 203
of the Federal Power Act of Wisconsin Public Service Corporation, et
al.
    Filed Date: 9/14/18.
    Accession Number: 20180914-5197.
    Comments Due: 5 p.m. ET 10/5/18.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG18-125-000.
    Applicants: MC Project Company LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of MC Project Company LLC.
    Filed Date: 9/17/18.
    Accession Number: 20180917-5103.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: EG18-126-000.
    Applicants: LMBE Project Company LLC.
    Description: Notice of Self-Certification of Exempt Wholesale

Generator Status of LMBE Project Company LLC.
    Filed Date: 9/17/18.
    Accession Number: 20180917-5104.
    Comments Due: 5 p.m. ET 10/9/18.

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

    Docket Numbers: ER10-1276-009; ER10-1292-008; ER10-1287-008; ER10-
1303-008; ER10-1319-010; ER10-1353-010; ER18-1183-001; ER18-1184-001
    Applicants: Consumers Energy Company, CMS Energy Resource
Management Company, Grayling Generation Station Limited Partnership,
Genesee Power Station Limited Partnership, CMS Generation Michigan
Power, LLC, Dearborn Industrial Generation, L.L.C., Delta Solar Power
I, LLC, Delta Solar Power II, LLC.
    Description: Notice of Non-Material Change-In-Status of Consumer
Energy Company, et al.
    Filed Date: 9/14/18.
    Accession Number: 20180914-5195.
    Comments Due: 5 p.m. ET 10/5/18.

    Docket Numbers: ER17-802-002.
    Applicants: Exelon Generation Company, LLC.
    Description: Compliance filing: Informational Filing Regarding
Oyster Creek Generating Station Deactivation to be effective N/A.
    Filed Date: 9/14/18.
    Accession Number: 20180914-5165.
    Comments Due: 5 p.m. ET 10/5/18.

    Docket Numbers: ER17-1376-005.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2018-09-14 Compliance filing of
Stored Energy Resources-Type II to be effective 12/1/2017.
    Filed Date: 9/14/18.
    Accession Number: 20180914-5181.
    Comments Due: 5 p.m. ET 10/5/18.

    Docket Numbers: ER18-2433-000.
    Applicants: NRG REMA LLC.
    Description: Compliance filing: Notice of Succession for Reactive
Service Rate Schedule to be effective 8/21/2018.
    Filed Date: 9/14/18.
    Accession Number: 20180914-5173.
    Comments Due: 5 p.m. ET 10/5/18.

    Docket Numbers: ER18-2434-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Notice of Cancellation of ISA of PJM Interconnection,
L.L.C., (SA No. 825; Queue No. AA1-043).
    Filed Date: 9/14/18.
    Accession Number: 20180914-5188.
    Comments Due: 5 p.m. ET 10/5/18.

    Docket Numbers: ER18-2435-000.
    Applicants: ORNI 41 LLC.
    Description: Baseline eTariff Filing: Petition for Approval of
Initial Market-Based Rate Tariff to be effective 10/1/2018.
    Filed Date: 9/17/18.
    Accession Number: 20180917-5027.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: ER18-2436-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: MAIT submits IA SA No. 4578
to be effective 11/16/2018.
    Filed Date: 9/17/18.
    Accession Number: 20180917-5074.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: ER18-2437-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: Revisions to Schedule 12
FERC Annual Charge Calculation to be effective 3/1/2019.
    Filed Date: 9/17/18.
    Accession Number: 20180917-5091.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: ER18-2438-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2018-09-17_Compliance Filing to
Address Self-Fund EL15-68; EL15-36; ER16-696 to be effective 7/10/2018.
    Filed Date: 9/17/18.
    Accession Number: 20180917-5105.
    Comments Due: 5 p.m. ET 10/9/18.

    Docket Numbers: ER18-2439-000.
    Applicants: ITC Midwest LLC.
    Description: Sec.  205(d) Rate Filing: Amended and Restated
Interconnection/Interchange/JCA to be effective 11/17/2018.
    Filed Date: 9/17/18.
    Accession Number: 20180917-5113.
    Comments Due: 5 p.m. ET 10/9/18.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH18-13-000.
    Applicants: Citizens Energy Corporation.
    Description: Citizens Energy Corporation submits FERC 65-B
Notification of Change in Status.
    Filed Date: 9/13/18.
    Accession Number: 20180913-5135.
    Comments Due: 5 p.m. ET 10/4/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 17, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-20729 Filed 9-21-18; 8:45 am]
 BILLING CODE 6717-01-P


DCN # 300 017 MEMORANDUM TO MPP RECORD Date: February 25, 2004 Derivation of Adjustment Factor for Total Nitrogen Limits As described further in the Cost Report, EPA used a denitrification rate of 0.171 mg nitrate/ nitrite N denitrified/ mg MLVSS day in its evaluation of different nutrient removal technologies. Using this nitrification rate in its cost model, EPA determined that achieving Option 2.5 nitrogen removals was economically achievable and cost effective for MPP facilities. EPA recognizes, however, that the actual denitrification rate will vary among facilities and be dependent on a number of factors. In order to confirm its conclusion about the economic achievability of the final rule, EPA performed a sensitivity analysis to determine the potential impact of a lower denitrification rate on the costs of the rule. Based on data and information collected and reviewed for the final rule, EPA has concluded that, in most cases, the denitrification rate will be greater than 0.05 mg nitrate/ nitrite N denitrified/ mg MLVSS day. This is consistent with the Industry Coalition's view that " the denitrification rate is slowest with endogenous decay as food source ( 0.06), about half that for sewage..." EPA found that even at a rate of 0.05 mg nitrate/ nitrite N denitrified/ mg MLVSS day, the final rule was economically achievable.

In selecting facilities for derivation of effluent limitations, EPA chose two well operated facilities ( see DCN 300001 for discussion of how EPA selected the model facilities). Comments were provided by the industry stating that these two facilities included very large anoxic tanks that result in very long detention times, and that the cost model used by EPA does not adequately reflect costs required to achieve the NODA nitrogen target effluent concentrations if nitrification rates are lower then EPA assumed. In an effort to determine whether adjustments were needed to EPA's approach to calculating final limitations based on data from two facilities, EPA re ran the cost model for the two facilities using a lower denitrification rate of 0.05 mg nitrate/ nitrite N denitrified/ mg MLVSS day and a less stringent total nitrogen LTA based on only these two model facilities to see how the modeled anoxic volume compares to the actual anoxic tank volumes. At one facility, the cost model calculated that the facility would require an anoxic volume higher than the actual volume to meet the nitrogen LTA that it was actually achieving, which means that the actual denitrification rate was higher than 0.05. However for the other facility, the modeled anoxic volume was lower than the actual volume the facility required, suggesting that the actual denitrification rate was lower than 0.05.

Achieving a particular LTA concentration for nitrate/ nitrite N will vary depending on both the denitrification rate and the anoxic tank volume. Consequently, prediction of the anoxic tank volume for a facility is dependent on the denitrification rate. Use of a higher denitrification rate results in lower anoxic tank volume. For the above two selected facilities, a denitrification rate of 0.08 mg nitrate/ nitrite N denitrified/ mg MLVSS day may be appropriate for the facility that currently has an anoxic tank volume less than that predicted by the cost model ( using a rate of 0.05), while a denitrification rate of 0.03 mg nitrate/ nitrite N denitrified/ mg MLVSS day should be used for the facility that currently has an anoxic tank volume greater than that predicted by the cost model As stated earlier, EPA concluded that it had correctly determined that the final rule was economically achievable based on both its primary cost model, and its sensitivity analysis that assessed costs assuming a denitrification rate of 0.05 mg nitrate/ nitrite N denitrified/ mg MLVSSday Costing facilities with a denitrification rate of 0.05 mg nitrate/ nitrite N denitrified/ mg MLVSS day will normally represent a high end of the cost. Nevertheless, EPA recognizes that this assessment may not fully account for likely actual costs, given the information showing that, in the case of one of the model facilities, the actual denitrification rate appeared to be lower than 0.05, given the larger than predicted anoxic tank. Thus, in order to account for potential underestimation of costs and resulting overestimation of the achievable removals, EPA adjusted the final effluent limits of total nitrogen as described below.

EPA derived the final monthly average effluent limitations for total nitrogen for Subcategory K using data from two well operated BAT plants based on a long term average of 45.5 mg/ L and a variability factor of 1.8. The resulting monthly average effluent limitation was 81.9 mg/ L. Assuming a denitrification rate of 0.05 mg nitrate/ nitrite N denitrified/ mg MLVSS day, EPA estimated with the cost model that a 2.8 million gallon anoxic tank would be required for one of the facilities to achieve this final monthly average effluent limitations for total nitrogen. However, as stated earlier, the facility actually has an unusually low denitrification rate of 0.03 mg nitrate/ nitrite N denitrified/ mg MLVSS day. With a denitrification rate of 0.03 mg nitrate/ nitrite N denitrified/ mg MLVSS day and with the projected ( and costed) volume of the anoxic tank ( 2.8 million gallon), the facility would be projected to actually achieve a maximum monthly average of 104 mg/ L of total nitrogen in the effluent. A total nitrogen effluent concentration of 104 mg/ L reflects an approximately 25 percent increase over the unadjusted monthly average effluent limits for the subcategory derived from the two BAT facilities. Therefore, to ensure that the final limitations are achievable by the two BAT facilities selected by EPA to serve as the basis for limit development ( and by all other facilities in the subcategory that install the model technology as EPA costed it), EPA increased the effluent total nitrogen limits for Subcategory K facilities by 25 percent over the unadjusted limits.

For red meat facilities, EPA based the unadjusted limits on a single poultry facility, because it did not identify any meat facilities that had both installed option 2.5 technology and were operating it as BAT. Because average influent nitrogen concentrations in red meat facility wastewaters are significantly higher than the average influent nitrogen concentrations in poultry facility wastewaters, EPA chose to use only one of the two BAT facilities that it used for Subcategory K, specifically the one that had influent wastewaters closer in nitrogen concentration to those in the meat subcategories. This is also the facility where the actual denitrification rate appears to be lower than the 0.05 rate used in the costing sensitivity analysis, so the same 25% adjustment factor is applied to the unadjusted limitations derived from this facility. The adjusted monthly nitrogen limitation for the meat subcategories based on this facility is 130 mg/ L.


[Federal Register: April 20, 2010 (Volume 75, Number 75)]
[Notices]
[Page 20671-20672]
[DOCID:fr20ap10-102]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Seventieth Meeting: RTCA Special Committee 147: Minimum
Operational Performance Standards for Traffic Alert and Collision
Avoidance Systems Airborne Equipment

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 147: Minimum Operational
Performance Standards for Traffic Alert and Collision Avoidance Systems
Airborne Equipment meeting.

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

SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of RTCA Special Committee 147: Minimum Operational Performance
Standards for Traffic Alert and Collision Avoidance Systems Airborne
Equipment.

DATES: The meeting will be held May 18-20, 2010 from 9 a.m.-5 p.m. SC-
147 Plenary Session: May 18th & 19th and SC-147 Working Group Planning
and organizational meetings May 20th.

ADDRESSES: The meeting will be held at RTCA, Inc. 1828 L. Street, Suite
805, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC 20036.; telephone<PHONE_NUMBER>; fax (202)
833-9434; Web-site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., Appendix 2), notice
is hereby given for a RTCA Special Committee 147: Minimum Operational
Performance Standards for Traffic Alert and Collision Avoidance Systems
Airborne Equipment meeting. The agenda will include:

SC-147 Plenary Agenda

 Agenda Item 1. Opening Plenary Session.
     SC-147 Co-Chairmen's opening remarks.
     Introductions--See attendance list.
     Approval of Agenda--Agenda was approved as written.
     Approval of Minutes from 69th

meeting of SC-147.
 Agenda Item 2. Revised Terms of Reference for SC-147.
 Agenda Item 3. TCAS Program Office Activities.
     Monitoring Efforts/TRAMS/TOPA.
     TCAS Development Scenarios Paper.
     Independence considerations for potential ``NextCAS.''
     Horizontal Maneuvering.
     Agenda Item 4. AVS and other FAA activities.
     TSOs, etc.
     ASIAS/CAST/CAS Steering Committee.
 Agenda Item 5. EUROCAE WG-75: Status of current activities.
 Agenda Item 6. Narrow-band receivers (ACSS).
 Agenda Item 7: Other related TCAS efforts from industry.
     Airbus automating responses for TCAS RAs (SC220).
 Agenda Item 8: 2nd look at Revised Terms of Reference for SC-
147.
     Deliverables
     Schedules
     SC-147 Organization 7 working arrangements
 Agenda Item 10: Closing Session.
    Attendance is open to the interested public but limited to space
availability. With the approval of the chairmen, members of the public
may present oral statements at the meeting. Persons wishing to present
statements or obtain information should contact the person listed in
the FOR FURTHER INFORMATION CONTACT section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on April 13, 2010.
Francisco Estrada C.,
RTCA Advisory Committee.
[FR Doc. 2010-9028 Filed 4-19-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Notices]
[Page 28989]
[FR Doc No: 2015-12181]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER15-1672-000]

Evergreen Wind Power II, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Evergreen Wind Power II, LLC application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is June 3, 2015.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 14, 2015. .
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-12181 Filed 5-19-15; 8:45 am]
BILLING CODE 6717-01-P