[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Notices]
[Pages 30420-30425]
[FR Doc No: 2016-11463]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

Notice of Funding Availability for the Small Business
Transportation Resource Center Program

AGENCY: Department of Transportation (DOT), Office of the Secretary of
Transportation (OST), Office of Small and Disadvantaged Business
Utilization (OSDBU).

ACTION: Notice of funding availability for the Southeast Region SBTRC.

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SUMMARY: The Department of Transportation (DOT), Office of the
Secretary (OST), Office of Small and Disadvantaged Business Utilization
(OSDBU) announces the opportunity for, business centered community-
based organizations, transportation-related trade associations,
colleges and universities, community colleges, or chambers of commerce,
registered with the Internal Revenue Service as 501C(6) or 501C(3) tax-
exempt organizations, to compete for participation in OSDBU's Small
Business Transportation Resource Center (SBTRC) program in the
Southeast Region (Alabama, Florida, U.S. Virgin Islands, and Puerto
Rico).
    OSDBU will enter into Cooperative Agreements with these
organizations to provide outreach to the small business community in
their designated region and provide financial and technical assistance,
business training programs, business assessment, management training,
counseling, marketing and outreach, and the dissemination of
information, to encourage and assist small businesses to become better
prepared to compete for, obtain, and manage DOT funded transportation-
related contracts and subcontracts at the federal, state and local
levels. Throughout this notice, the term ``small business'' will refer
to: 8(a), small disadvantaged businesses (SDB), disadvantaged business
enterprises (DBE), women owned small businesses (WOSB), HubZone,
service disabled veteran owned businesses (SDVOB), and veteran owned
small businesses (VOSB). Throughout this notice, ``transportation-
related'' is defined as the maintenance, rehabilitation, restructuring,
improvement, or revitalization of any of the nation's modes of
transportation.
    Funding Opportunity Number: USDOT-OST-OSDBU/SBTRCSOUTHEAST-2016-1.
    Catalog of Federal Domestic Assistance (CFDA) Number: 20.910
Assistance to Small and Disadvantaged Businesses.
    Type of Award: Cooperative Agreement Grant.
    Award Ceiling: $170,000.
    Award Floor: $155,000.
    Program Authority: DOT is authorized under 49 U.S.C. 332(b)(4), (5)
& (7) to design and carry out programs to assist small disadvantaged
businesses in getting transportation-related contracts and
subcontracts; develop support mechanisms, including management and
technical services, that will enable small disadvantaged businesses to
take advantage of those business opportunities; and to make
arrangements to carry out the above purposes.

Table of Contents

Dates
Addresses
For Further Information Contact
A. Program Description
B. Federal Award Information
C. Eligibility Information
    1. Eligible Applicant
    2. Program/Recipient Requirements
    3. OSDBU Requirements
D. Application and Submission Information
    4. Submission Dates and Times
    [cir] Pre-application
    [cir] Final Application
E. Application Review
    1. Selection Criteria
    [cir] Approach and Strategy
    [cir] Linkages
    [cir] Organizational Capability
    [cir] Staff Capabilities and Experience
    [cir] Cost Proposal (Budget)
    [cir] Cost Share Information
    2. Review and Selection Process
F. Federal Award Administration
    1. Federal Award Notice
    2. Administrative and National Policy Requirements
    3. Reporting
G. Federal Awarding Agency Contacts

H. Other Information
    1. Protection of Confidential Business Information
Footnotes

DATES: Complete Proposals must be received on or before June 17, 2016,
6:00 p.m. Eastern Standard Time (EST). Proposals received after the
deadline will be considered non-responsive and will not be reviewed.

ADDRESSES: Applications must be electronically submitted through
Grants.gov. Only applicants who comply with all submission requirements
described in this notice and electronically submit valid applications
through Grants.gov will be eligible for award.

FOR FURTHER INFORMATION CONTACT: For further information concerning
this notice, contact Mr. Adam Dorsey, Program Analyst, U.S. Department
of Transportation, Office of Small and Disadvantaged Business
Utilization, 1200 New Jersey Avenue SE., Washington, DC 20590.
Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>
A. Program Description and Goals

    The national SBTRC program utilizes Cooperative Agreements with
chambers of commerce, trade associations, educational institutions and
business-centered community based organizations to establish SBTRCs to
provide business training, technical assistance and information to DOT
grantees and recipients, prime contractors and subcontractors. In order
to be effective and serve their target audience, the SBTRCs must be
active in the local transportation community in order to identify and
communicate opportunities and provide the required technical
assistance. SBTRCs must already have, or demonstrate the ability to,
establish working relationships with the state and local transportation
agencies and technical assistance agencies (i.e., The U.S. Department
of Commerce's Minority Business Development Centers (MBDCs), Small
Business Development Centers (SBDCs), and Procurement Technical
Assistance Centers (PTACs), SCORE and State DOT highway supportive
services contractors in their region. Utilizing these relationships and
their own expertise, the SBTRCs are involved in activities such as
information dissemination, small business counseling, and technical
assistance with small businesses currently doing business with public
and private entities in the transportation industry.
    Effective outreach is critical to the success of the SBTRC program.
In order for their outreach efforts to be effective, SBTRCs must be
familiar with DOT's Operating Administrations, its funding sources, and
how funding is awarded to DOT grantees, recipients, contractors,
subcontractors, and its financial assistance programs. SBTRCs must
provide outreach to the regional small business transportation
community to disseminate information and distribute DOT-published
marketing materials, such as Short Term Lending Program (STLP)
Information, Bonding Education Program (BEP) information, SBTRC
brochures and literature, DOT Procurement Forecasts; Contracting with
DOT booklets, Women and Girls in Transportation Initiative (WITI)
information, and any other materials or resources that DOT or OSDBU may
develop for this purpose. To maximize outreach, the SBTRC may be called
upon to participate in regional and national conferences and seminars.
Quantities of DOT publications for on-hand inventory and dissemination
at conferences and seminars will be available upon request from the
OSDBU office.

B. Federal Award Information

    The DOT established OSDBU in accordance with Public Law 95-507, an
amendment to the Small Business Act and the Small Business Investment
Act of 1958. The mission of OSDBU at DOT is to ensure that the small
and disadvantaged business policies and goals of the Secretary of
Transportation are developed and implemented in a fair, efficient and
effective manner to serve small and disadvantaged businesses throughout
the country. The OSDBU also administers the provisions of Title 49,
Section 332, the Minority Resource Center (MRC) which includes the
duties of advocacy, outreach and financial services on behalf of small
and disadvantaged business and those certified under DVR 49 parts 23
and 26 as Disadvantaged Business Enterprises (SBE) and the development
of programs to encourage, stimulate, promote and assist small
businesses to become better prepared to compete for, obtain and manage
transportation-related contracts and subcontracts.
    The Regional Assistance Division of OSDBU, through the SBTRC
program, allows OSDBU to partner with local organizations to offer a
comprehensive delivery system of business training, technical
assistance and dissemination of information, targeted towards small
business transportation enterprises in their regions. The SBTRCs are
established and funded through Cooperative Agreements between eligible
applicants and OSDBU. The SBTRCs function as regional offices of OSDBU
and fully execute the mission of the OSDBU nationally.
    OSDBU enters into Cooperative Agreements with recipients to
establish and fund a regional SBTRC. Under the Cooperative Agreement
OSDBU will be ``substantially involved'' with the overall operations of
the SBTRC. This involvement includes directing SBTRC staff to travel
and represent OSDBU on panels and events. OSDBU will make one award
under this announcement. Award ceiling for this announcement is
$170,000. The recipient will begin performing on the award on July 1,
2016 and the period of performance (POP) will be July 1, 2016 to June
30, 2017. This is a 1 year grant with an option to renew for 2
additional years at the discretion of U.S. DOT.
    Cooperative agreement awards will be distributed to the region(s)
as follows:

Southeast Region
    Ceiling: $170,000 per year
    Floor: $155,000 per year

    Cooperative agreement awards by region are based upon an analysis
of DBEs, Certified Small Businesses, and U.S. DOT transportation
dollars in each region.
    It is OSDBU's intent to maximize the benefits received by the small
business transportation community through the SBTRC. Funding will
reimburse an on-site Project Director for 100% of salary plus fringe
benefits, an on-site Executive Director up to 20% of salary plus fringe
benefits, up to 100% of a Project Coordinator salary plus fringe
benefits, the cost of designated SBTRC space, other direct costs, and
all other general and administrative expenses. Selected SBTRC partners
will be expected to provide in-kind administrative support. Submitted
proposals must contain an alternative funding source with which the
SBTRC will fund administrative support costs. Preference will be given
to proposals containing in-kind contributions for the Project Director,
the Executive Director, the Project Coordinator, cost of designated
SBTRC space, other direct costs, and all other general and
administrative expenses. The SBTRC will furnish all labor, facilities
and equipment to perform the services described in this announcement.

C. Eligibility

    1. To be eligible, an organization must be an established,
nonprofit, community-based organization, transportation-related trade
association, chamber of commerce, college or university, community
college, and any other qualifying transportation-related non-profit
organization which has the

documented experience and capacity necessary to successfully operate
and administer a coordinated delivery system that provides access for
small businesses to prepare and compete for transportation-related
contracts.
    In addition, to be eligible, the applicant organization must:
    (A) Be an established 501C(3) or 501C(6) tax-exempt organization
and provide documentation as verification. No application will be
accepted without proof of tax-exempt status;
    (B) Have at least one year of documented and continuous experience
prior to the date of application in providing advocacy, outreach, and
technical assistance to small businesses within the region in which
proposed services will be provided. Prior performance providing
services to the transportation community is preferable, but not
required; and
    (C) Have an office physically located within the proposed city in
the designated headquarters state in the region for which they are
submitting the proposal that is readily accessible to the public.

2. Program Requirements/Recipient Responsibilities

(A) Assessments, Business Analyses
    Conduct an assessment of small businesses in the SBTRC region to
determine their training and technical assistance needs, and use
information that is available at no cost to structure programs and
services that will enable small businesses to become better prepared to
compete for and receive transportation-related contract awards.
(B) General Management & Technical Training and Assistance
    Utilize OSDBU's Intake Form to document each small business
assisted by the SBTRC and type of service(s) provided. A complete list
of businesses that have filled out the form shall be submitted as part
of the SBTRC report, submitted via email to the Regional Assistance
Division on a regular basis (using the SBTRC report). This report will
detail SBTRC activities and performance results. The data provided must
be supported by the narrative (if asked).
    Ensure that an array of information is made available for
distribution to the small business transportation community that is
designed to inform and educate the community on DOT/OSDBU services and
opportunities. Coordinate efforts with OSDBU in order to maintain an
on-hand inventory of DOT/OSDBU informational materials for general
dissemination and for distribution at transportation-related
conferences and other events.
(C) Business Counseling
    Collaborate with agencies, such as State, Regional, and Local
Transportation Government Agencies, SBA, U.S. Department of Commerce's
Minority Business Development Centers (MBDCs), Service Corps of Retired
Executives (SCORE), Procurement Technical Assistance Centers (PTACs),
and Small Business Development Centers (SBDCs), to offer a broad range
of counseling services to transportation-related small business
enterprises. Create a technical assistance plan that will provide each
counseled participant with the knowledge and skills necessary to
improve the management of their own small business to expand their
transportation-related contracts and subcontracts portfolio.
    Provide a minimum of 20 hours of individual or group counseling
sessions to small businesses per month. This counseling includes in-
person meetings or over the phone, and does not include any time taken
to do email correspondence.
(D) Planning Committee
    Establish a Regional Planning Committee consisting of at least 10
members that includes representatives from the regional community and
federal, state, and local agencies. The highway, airport, and transit
authorities for the SBTRCs headquarters state must have representation
on the planning committee. The committee shall be established no later
than 60 days after the execution of the Cooperative Agreement between
the OSDBU and the selected SBTRC.
    Provide a forum for the federal, state, and local agencies to
disseminate information about upcoming DOT procurements and SBTRC
activities. Hold either monthly or quarterly meetings at a time and
place agreed upon by SBTRC and planning committee members (conference
calls and/or video conferences are acceptable).
    Use the initial session hosted by the SBTRC to explain the mission
of the committee and identify roles of staff and the members of the
group. Responsibility for the agenda and direction of the Planning
Committee should be handled by the SBTRC Project Director or his/her
designee.
(E) Outreach Services/Conference Participation
    Utilize the services of the System for Award Management (SAM) and
other sources to construct a database of regional small businesses that
currently are or may in the future participate in DOT direct and DOT
funded transportation related contracts, and make this database
available to OSDBU upon request. Utilize the database of regional
transportation-related small businesses to match opportunities
identified through the planning committee forum, FedBiz Opps (a Web-
based system for posting solicitations and other Federal procurement-
related documents on the Internet), and other sources to eligible small
businesses and inform the small business community about those
opportunities.
    Develop a ``targeted'' database of firms (100-150) that have the
capacity and capabilities, and are ready, willing and able to
participate in DOT contracts and subcontracts immediately. This control
group will receive ample resources from the SBTRC, i.e., access to
working capital, bonding assistance, business counseling, management
assistance and direct referrals to DOT agencies at the state and local
levels, and to prime contractors as effective subcontractor firms.
    Identify regional, state and local conferences where a significant
number of small businesses, with transportation related capabilities,
are expected to be in attendance. Maintain and submit a list of those
events to the regional Assistance Division for review and posting on
the OSDBU Web site on a regular basis. Clearly identity the events
designated for SBTRC participation and include recommendations for
OSDBU participation. This information can be submitted as part of the
SBTRC report.
    Conduct outreach and disseminate information to small businesses at
regional transportation-related conferences, seminars, and workshops.
In the event that the SBTRC is requested to participate in an event,
the OSDBU will provide DOT materials, the OSDBU banner and other
information that is deemed necessary for the event.
    Submit a conference summary report within the ``Events'' section of
the SBTRC Report. The conference summary report should summarize the
activity, contacts made, outreach results, and recommendations for
continued or discontinued participation in future similar events
sponsored by that organization.
    Upon request by OSDBU, coordinate efforts with DOT's grantees and
recipients at the state and/or local levels to sponsor or cosponsor and
OSDBU transportation related conference in the region (commonly
referred to as ``Small Business Summits'').

    Participate in the SBTRC Monthly teleconference call, hosted by the
OSDBU Regional Assistance Division.
(F) Short Term Lending Program (STLP)
    Work with STLP participating banks and if not available, other
institutions to deliver a minimum of five (5) seminars/workshops per
year on the STLP, and/or other financial assistance programs, to the
transportation-related small business community. Seminars/workshops
must cover the entire STLP/loan process, form completion of STLP/loan
applications and preparation of the loan package.
    Provide direct support, technical support, and advocacy services to
potential STLP applicants to increase the probability of STLP loan
approval and generate a minimum of four (4) completed STLP applications
per year. Provide direct support, technical support, and advocacy
services to Small and Disadvantaged Businesses interested in obtaining
a loan from another type of Government Lending Program. Government
Lending Programs include Federal, State, and Local level programs. The
SBTRC will be required to generate a minimum of three (3) completed
Government Lending Program applications per year.
(G) Bonding Education Program (BEP)
    Work with OSDBU, bonding industry partners, local small business
transportation stakeholders, and local bond producers/agents in your
egion to deliver a minimum of two (2) complete Bonding Education
Programs and secure 3% of the total DBE contract value for each
transportation project. The BEP consists of the following components;
(1) the stakeholder's meeting; (2) the educational workshops component;
(3) the bond readiness component; and (4) follow-on assistance to BEP
participants to provide technical and procurement assistance based on
the prescriptive plan determined by the BEP. For each BEP event, work
with the local bond producers/agents in your region and the
disadvantaged business participants to deliver a minimum of ten (10)
disadvantaged business participants in the BEP with either access to
bonding or a increase in the bonding capacity. The programs will be
funded separately and in addition to the amount listed in 1.3 of the
solicitation.
(H) Women and Girls in Transportation Initiative (WITI)
    Pursuant to Executive Order 13506, and 49 U.S.C. 332(b)(4) & (7),
the SBTRC shall administer the WITI in their geographical region. The
SBTRC shall implement the DOT WITI program as defined by the DOT WITI
Policy. The WITI program is designed to identify, educate, attract, and
retain women and girls from a variety of disciplines in the
transportation industry. The SBTRC shall also be responsible for
outreach activities in the implementation of this program and
advertising the WITI program to all colleges and universities and
transportation enemies in their region. The WITI program shall be
developed in conjunction with the skill needs of the US DOT, state and
local transportation agencies and appropriate private sector
transportation-related participants including, S/WOBs/DBEs, and women
organizations involved in transportation. Emphasis shall be placed on
establishing partnerships with transportation-related businesses. The
SBTRC will be required to host 1 WITI event and attend at least 5
events where WITI is presented and marketed.
    Each region will establish a Women In Transportation Advisory
Committee. The committee will provide a forum to identify and provide
workable solutions to barriers that women-owned businesses encounter in
transportation-related careers. The committee will have 5 members
(including the SBTRC Project Director) with a 1 year membership.
Meetings will be conducted on a quarterly basis at an agreeable place
and time.

3. Office of Small and Disadvantaged Business Utilization (OSDBU)
Responsibilities

    (A) Provide consultation and technical assistance in planning,
implementing, and evaluating activities under this announcement.
    (B) Provide orientation and training to the applicant organization.
    (C) Monitor SBTRC activities, cooperative agreement compliance, and
overall SBTRC performance.
    (D) Assist SBTRC to develop or strengthen its relationships with
federal, state, and local transportation authorities, other technical
assistance organizations, and DOT grantees.
    (E) Facilitate the exchange and transfer of successful program
activities and information among all SBTRC regions.
    (F) Provide the SBTRC with DOT/OSDBU materials and other relevant
transportation related information for dissemination.
    (G) Maintain effective communication with the SBTRC and inform them
of transportation news and contracting opportunities to share with
small businesses in their region.
    (H) Provide all required forms to be used by the SBTRC for
reporting purposes under the program.
    (I) Perform an annual performance evaluation of the SBTRC.
Satisfactory performance is a condition of continued participation of
the organization as an SBTRC and execution of all option years.

D. Application and Submission Information

(A) Format for Proposals
    Each proposal must be submitted to Grants.gov in the format set
forth in the application form attached as Appendix A to this
announcement.
(B) Address; Number of Copies; Deadlines for Submission
    Any eligible organization, as defined in Section C of this
announcement, will submit only one proposal per region for
consideration by OSDBU.
    Applications must be double spaced, and printed in a font size not
smaller than 12 points. Applications will not exceed 35 single-sided
pages, not including any requested attachments. All pages should be
numbered at the top of each page. All documentation, attachments, or
other information pertinent to the application must be included in a
single submission. Proposal packages must be submitted electronically
to Grants.gov.
    (C) Each applicant must be registered in System for Award
Management (SAM) and provide their unique Entity Identifier with the
proposal.
    (D) Proposals must be received in Grants.gov no later than June 17,
2016, 6:00 p.m. Eastern Standard Time (EST).

E. Application Review

(A) General Criteria
    OSDBU will award the cooperative agreement on a best value basis,
using the following criteria to rate and rank applications:
    Applications will be evaluated using a point system (maximum number
of points = 100);

 Approach and strategy (25 points)
 Linkages (25 points)
 Organizational Capability (25 points)
 Staff Capabilities and Experience (15 points)
 Cost Proposal (10 points)
(B) Approach and Strategy (25 Points)
    The applicant must describe their strategy to achieve the overall
mission of the SBTRC as described in this solicitation and service the
small business community in their entire geographic regional area. The
applicant must also describe how the specific activities outlined in
Section C will be implemented and executed in the organization's
regional area. OSDBU

will consider the extent to which the proposed objectives are specific,
measurable, time-specific, and consistent with OSDBU goals and the
applicant organization's overall mission. OSDBU will give priority
consideration to applicants that demonstrate innovation and creativity
in their approach to assist small businesses to become successful
transportation contractors and increase their ability to access DOT
contracting opportunities and financial assistance programs. Applicants
must also submit the estimated direct costs, other than labor, to
execute their proposed strategy. OSDBU will consider the quality of the
applicant's plan for conducting program activities and the likelihood
that the proposed methods will be successful in achieving proposed
objectives at the proposed cost.
(C) Linkages (25 Points)
    The applicant must describe their established relationships within
their geographic region and demonstrate their ability to coordinate and
establish effective networks with DOT grant recipients and local/
regional technical assistance agencies to maximize resources. OSDBU
will consider innovative aspects of the applicant's approach and
strategy to build upon their existing relationships and establish
networks with existing resources in their geographical area. The
applicant should describe their strategy to obtain and collaboration on
SBTRC from DOT grantees and recipients, transportation prime
contractors and subcontractors, the SBA, U.S. Department of Commerce's
Minority Business Development Centers (MBDCs), Service Corps of Retired
Executives (SCORE), State DOTs, and State Highway supportive services
contractors. In rating this factor, OSDBU will consider the extent to
which the applicant demonstrates ability to multidimensional. The
applicant must demonstrate that they have the ability to access a broad
range of supportive services to effectively serve a broad range of
transporation-related small businesses within their respective
geographical region. Emphasis will also be placed on the extent to
which the applicant identifies a clear outreach strategy related to the
identified needs that can be successfully carried out within the period
of this agreement and a plan for involving the Planning Committee in
the execution of that strategy.
(D) Organizational Capability (25 Points)
    The applicant must demonstrate that they have the organizational
capability to meet the program requirements set forth in Section C. The
applicant organization must have sufficient resources and past
performance experience to successfully provide outreach to
transportation-related small businesses in their geographical area and
carry out the mission of the SBTRC. In rating this factor, OSDBU will
consider the extent to which the applicant's organization has recent,
relevant and successful experience in advocating for and addressing the
needs of small businesses. Applicants will be given points for
demonstrated past transportation-related performance. The applicant
must also describe technical and administrative resources it plans to
use in achieving proposed objectives. In their description, the
applicant must describe their facilities, computer and technical
facilities, ability to tap into volunteer staff time, and a plan for
sufficient matching alternative financial resources to fund the general
and administrative costs of the SBTRC. The applicant must also describe
their administrative and financial staff. It will be the responsibility
of the successful candidate to not only provide the services outlined
herein to small business in the transportation industry, but to also
successfully manage and maintain their internal financial, payment, and
invoicing process with their financial management offices. OSDBU will
place an emphasis on capabilities of the applicant's financial
management staff. Additionally, a site visit will be required prior to
award for those candidates that are being strongly considered. A member
of the OSDBU team will contact those candidates to schedule the site
visits prior to the award of the agreement.
(E) Staff Capability and Experience (15 Points)
    The applicant organization must provide a list of proposed
personnel for the project, with salaries, fringe benefit burden
factors, education levels and previous experience clearly delineated.
The applicant's project team must be well-qualified, knowledgeable, and
able to effectively serve the diverse and broad range of small
businesses in their geographical region. The Executive Director and the
Project Director shall be deemed key personnel. Detailed resumes must
be submitted for all proposed key personnel and outside consultants and
subcontractors. Proposed key personnel must have detailed demonstrated
experience providing services similar in scope and nature to the
proposed effort. The proposed Project Director will serve as the
responsible individual for the program. 100% of the Project Director's
time must be dedicated to the SBTRC. Both the Executive and Project
Directors must be located on-site. In this element, OSDBU will consider
the extent to which the applicant's proposed Staffing Plan; (a) clearly
meets the education and experience requirements to accomplish the
objectives of the cooperative agreement; (b) delineates staff
responsibilities and accountability for all work required and; (c)
presents a clear and feasible ability to execute the applicant's
proposed approach and strategy.
(F) Cost Proposal (10 Points)
    Applicants must submit the total proposed cost of establishing and
administering the SBTRC in the applicant's geographical region for a 12
month period, inclusive of costs funded through alternative matching
resources. The applicant's budget must be adequate to support the
proposed strategy and costs must be reasonable in relation to project
objectives. The portion of the submitted budget funded by OSDBU cannot
exceed the ceiling outlined in Section B. Applicants are encouraged to
provide in-kind costs and other innovative cost approaches.
(G) Scoring Applications
    A review panel will score each application based upon the
evaluation criteria listed above. Points will be given for each
evaluation criteria category, not to exceed the maximum number of
points allowed for each category. Proposals which are deemed non-
responsive, do not meet the established criteria, or incomplete at the
time of submission will be disqualified.
    OSDBU will perform a responsibility determination of the
prospective awardee in the region, which will include a site visit,
before awarding the cooperative agreement.
(H) Conflicts of Interest
    Applicants must submit signed statements by key personnel and all
organization principals indicating that they, or members of their
immediate funded transportation project, nor any relationships with
local or state transportation agencies that may have the appearance of
a conflict of interest.

F. Federal Award Administration

    Following the evaluation outlined in Section E, the OSDBU will
announce the awarded applicant with a written Notice of Funding Award.
The NOFA will also include the cooperative agreement for signature.

(A) Administrative and National Policy Requirements
    All awards will be administered pursuant to the Uniform
Administrative Cost Principles and Audit Requirements for Federal
Awards found in 2 CFR part 200, as adopted by DOT as 2 CFR part 1201.
(B) Reporting
    Performance Reporting--The recipient of this cooperative agreement
must collect information and report on the cooperative agreement
performance with respect to the relevant deliverables that are expected
to be achieved through the cooperative agreement. Performance
indicators will include formal goals or targets, but will include
baseline measures for an agreed-upon timeline, and will be used to
evaluate and monitor the results that the cooperative agreement funds
achieve to ensure that funds achieve the intended long-term outcomes of
the cooperative agreement program.
    Progress Reporting--The recipient for this cooperative agreement
funding must submit quarterly progress reports and annual Federal
Financial Report (SF-425) on the financial condition of the cooperative
agreement and its progress, as well as an Annual Budget Review and
Implementation Plan to monitor the use of Federal funds and ensure
accountability and financial transparency in the program.

G. Federal Awarding Agency Contracts

    For further information this notice please contact the OSDBU
program staff via email at<EMAIL_ADDRESS>or call Adam Dorsey at 202-
366-1877. To ensure applicants receive accurate information about
eligibility or the program, the applicant is encouraged to contact DOT
directly, rather than through intermediaries or third parties, with
questions.

H. Protection of Confidential Business Information

    All information submitted as part of or in support of any
application shall use publicly available data or data that can be made
public and methodologies that are accepted by industry practice and
standards, to the extent possible. If the application includes
information you consider to be a trade secret or confidential
commercial or financial information, the applicant should do the
following: (1) Note on the front cover that the submission ``Contains
Confidential Business Information (CBI)''; (2) mark each affected page
``CBI''; and (3) highlight or otherwise denote the CBI portions. DOT
protects such information from disclosure to the extent allowed under
applicable law. In the event DOT received a Freedom of Information Act
(FOIA) request for the information, DOT will follow the procedures
described in its FOIA regulation as 49 CFR 7.17. Only information that
is ultimately determined to be confidential under that procedure will
be exempt from disclosure under FOIA.

    Issued on: May 3, 2016.
Brandon Neal,
Director.
[FR Doc. 2016-11463 Filed 5-13-16; 8:45 am]
 BILLING CODE 4910-9X-P


[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Notices]
[Pages 43690-43691]
[FR Doc No: 2016-15758]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78182; File No. SR-FINRA-2016-020]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Extend the Implementation of FINRA Rule 4240
(Margin Requirements for Credit Default Swaps)

June 28, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 15, 2016, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under
the Act,\3\ which renders the proposal effective upon receipt of this
filing by the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to extend to July 18, 2017 the implementation of
FINRA Rule 4240. FINRA Rule 4240 implements an interim pilot program
with respect to margin requirements for certain transactions in credit
default swaps that are security-based swaps.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA and at
the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On May 22, 2009, the Commission approved FINRA Rule 4240,\4\ which
implements an interim pilot program (the ``Interim Pilot Program'')
with respect to margin requirements for certain transactions in credit
default swaps (``CDS'').\5\ On May 20, 2015, FINRA filed a proposed
rule change for immediate effectiveness extending the implementation of
FINRA Rule 4240 to July 18, 2016.\6\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 59955 (May 22,
2009), 74 FR 25586 (May 28, 2009) (Order Approving File No. SR-
FINRA-2009-012) (``Approval Order'').
    \5\ In March 2012, the SEC approved amendments to FINRA Rule
4240 that, among other things, limit at this time the rule's
application to credit default swaps that are security-based swaps.
See Securities Exchange Act Release No. 66527 (March 7, 2012), 77 FR
14850 (March 13, 2012) (Order Approving File No. SR-FINRA-2012-015).
    \6\ See Securities Exchange Act Release No. 75069 (May 29,
2015), 80 FR 31931 (June 4, 2015) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2015-013).
---------------------------------------------------------------------------

    As explained in the Approval Order, FINRA Rule 4240, coterminous
with certain Commission actions, was intended to address concerns
arising from systemic risk posed by CDS, including, among other things,
risks to the financial system arising from the lack of a central
clearing counterparty to clear and settle CDS.\7\ On July 21, 2010,
President Obama signed into law the Dodd-Frank Wall Street Reform and
Consumer Protection Act (the ``Dodd-Frank Act''),\8\ Title VII of which
established a comprehensive new regulatory framework for swaps and
security-based swaps,\9\ including certain CDS. The new legislation was
intended, among other things, to enhance the authority of regulators to
implement new rules designed to reduce risk, increase transparency, and
promote market integrity with respect to such products.
---------------------------------------------------------------------------

    \7\ See Approval Order, 74 FR at 25588-89.
    \8\ See Dodd-Frank Wall Street Reform and Consumer Protection
Act, Pub. L. 111-203, 124 Stat. 1376 (2010).
    \9\ The terms ``swap'' and ``security-based swap'' are defined
in Sections 721 and 761 of the Dodd-Frank Act. The Commodity Futures
Trading Commission (``CFTC'') and the Commission jointly have
approved rules to further define these terms. See Securities
Exchange Act Release No. 67453 (July 18, 2012), 77 FR 48208 (August
13, 2012) (Joint Final Rule; Interpretations; Request for Comment on
an Interpretation: Further Definition of ``Swap,'' ``Security-Based
Swap,'' and ``Security-Based Swap Agreement''; Mixed Swaps;
Security-Based Swap Agreement Recordkeeping). See also Securities
Exchange Act Release No. 66868 (April 27, 2012), 77 FR 30596 (May
23, 2012) (Joint Final Rule; Joint Interim Final Rule;
Interpretations: Further Definition of ``Swap Dealer,'' ``Security-
Based Swap Dealer,'' ``Major Swap Participant,'' ``Major Security-
Based Swap Participant'' and ``Eligible Contract Participant'').
---------------------------------------------------------------------------

    Pursuant to Title VII of the Dodd-Frank Act, the CFTC and the
Commission are engaged in ongoing rulemaking with respect to swaps and
security-based swaps.\10\ The Commission has, among other things,
proposed rules with respect to capital, margin and segregation
requirements for security-based swap dealers and major security-based
swap participants and capital requirements for broker-dealers.\11\
FINRA believes it is appropriate to extend the Interim Pilot Program
for a limited period, to July 18, 2017, in light of the continuing

development of the CDS business within the framework of the Dodd-Frank
Act and pending the final implementation of new CFTC and SEC rules
pursuant to Title VII of that legislation. FINRA is considering
proposing additional amendments to the Interim Pilot Program.
---------------------------------------------------------------------------

    \10\ See, e.g., Securities Exchange Act Release No. 67177 (June
11, 2012), 77 FR 35625 (June 14, 2012) (Notice of Statement of
General Policy with Request for Public Comment: Statement of General
Policy on the Sequencing of the Compliance Dates for Final Rules
Applicable to Security-Based Swaps Adopted Pursuant to the
Securities Exchange Act of 1934 and the Dodd-Frank Wall Street
Reform and Consumer Protection Act).
    \11\ See Securities Exchange Act Release No. 68071 (October 18,
2012), 77 FR 70214 (November 23, 2012) (Proposed Rule: Capital,
Margin, and Segregation Requirements for Security-Based Swap Dealers
and Major Security-Based Swap Participants and Capital Requirements
for Broker-Dealers). See also Securities Exchange Act Release No.
71958 (April 17, 2014), 79 FR 25194 (May 2, 2014) (Proposed Rule:
Recordkeeping and Reporting Requirements for Security-Based Swap
Dealers, Major Security-Based Swap Participants, and Broker-Dealers;
Capital Rule for Certain Security-Based Swap Dealers).
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate
effectiveness. FINRA is proposing that the implementation date of the
proposed rule change will be July 18, 2016. The proposed rule change
will expire on July 18, 2017.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\12\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change is
consistent with the Act because, in light of the continuing development
of the CDS business within the framework of the Dodd-Frank Act and
pending the final implementation of new CFTC and SEC rules pursuant to
Title VII of that legislation, extending the implementation of the
margin requirements as set forth by FINRA Rule 4240 will help to
stabilize the financial markets.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. FINRA believes that extending
the implementation of FINRA Rule 4240 for a limited period, to July 18,
2017, in light of the continuing development of the CDS business within
the framework of the Dodd-Frank Act and pending the final
implementation of new CFTC and SEC rules pursuant to Title VII of that
legislation, helps to promote stability in the financial markets and
regulatory certainty for members.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-
4(f)(6) thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2016-020 on the subject line.

Paper Comments

     Send paper comments in triplicate to Robert W. Errett,
Deputy Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-2016-020. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-FINRA-2016-020 and should be
submitted on or before July 26, 2016.
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-15758 Filed 7-1-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 14 (Friday, January 21, 2011)]
[Notices]
[Pages 3929-3931]
[FR Doc No: 2011-1219]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63721; File No. SR-CBOE-2011-001]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to PULSe Fees

January 14, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 3, 2011, the Chicago Board Options Exchange,
Incorporated (``CBOE'' or the ``Exchange'') filed with the Securities
and Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II and III below, which Items have been prepared
by CBOE. The Exchange has designated this proposal as one establishing
or changing a due, fee, or other charge imposed by CBOE under Section

19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is proposing to amend its fees schedule as it relates
to PULSe workstations. The text of the proposed rule change is
available on the Exchange's Web site http://www.cboe.org/legal), at the
Exchange's Office of the Secretary and at the Commission.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, CBOE included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. CBOE has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, Proposed Rule Change

1. Purpose
    The purpose of this proposed rule change is to introduce fees for
an on-floor version of the PULSe workstation and to extend the waiver
of the PULSe Routing Intermediary fee.
    By way of background, the PULSe workstation is a front-end order
entry system designed for use with respect to orders that may be sent
to the trading systems of CBOE and CBOE Stock Exchange (``CBSX''). In
addition, the PULSe workstation provides a user with the capability to
send options orders to other U.S. options exchanges and stock orders to
other U.S. stock exchanges through a PULSe Routing Intermediary
(``away-market routing'').\5\
---------------------------------------------------------------------------

    \5\ For a more detailed description of the PULSe workstation and
its other functionalities, see, e.g., Securities Exchange Act
Release No. 62286 (June 11, 2010), 75 FR 34799 (June 18, 2010) (SR-
CBOE-2010-051).
---------------------------------------------------------------------------

    The first purpose of this proposed rule change is introduce fees
for a new version of the PULSe workstation that will be configured for
use on the CBOE trading floor by CBOE Trading Permit Holders (the
``PULSe On-Floor Workstation''). For administrative reasons, the PULSe
On-Floor Workstation will be licensed from CBOE to a CBOE Trading
Permit Holder.\6\ As with the existing PULSe workstation (referred to
herein as the ``PULSe Off-Floor Workstation''), the PULSe On-Floor
Workstation will provide the capability to send orders to CBOE, CBSX
and away-market routing functionality. The Exchange proposes a monthly
workstation fee of $225 per workstation (referred to in the Fees
Schedule as a ``login ID'') per month for the PULSe On-Floor
Workstation effective beginning in the month of January 2011. The
Exchange also notes that the existing PULSe Away-Market Routing,
Routing Intermediary and Non-Standard Services fees applicable to the
PULSe Off-Floor Workstation would also apply to the PULSe On-Floor
Workstation.
---------------------------------------------------------------------------

    \6\ The PULSe Off-Floor Workstation is licensed directly from
Signal Trading Systems, LLC, an affiliate of CBOE, to CBOE Trading
Permit Holders. See Securities Exchange Act Release No. 63244
(November 4, 2010), 75 FR 69148 (November 10, 2010) (SR-CBOE-2010-
100).
---------------------------------------------------------------------------

    The second purpose of this proposed rule change is to extend the
waiver of the PULSe Routing Intermediary fee. Currently the Exchange
has waived the Routing Intermediary fee through December 31, 2010. The
Exchange is proposing to extend this waiver through March 31, 2011.
Thus this fee will be assessed beginning April 1, 2011.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\7\ in general, and furthers the objectives of Section 6(b)(4) of
the Act,\8\ in particular, in that it is designed to provide for the
equitable allocation of reasonable dues, fees, and other charges among
Trading Permit Holders in that the same fees are applicable to all
Trading Permit Holders that would use the new PULSe On-Floor
Workstation and the same fee waiver applies to all PULSe Routing
Intermediaries.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The proposed rule change is designated by the Exchange as
establishing or changing a due, fee, or other charge, thereby
qualifying for effectiveness on filing pursuant to Section
19(b)(3)(A)(ii) of the Act \9\ and subparagraph (f)(2) of Rule 19b-4
\10\ thereunder.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2011-001 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2011-001. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule

change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for website viewing and printing in the Commission's Public
Reference Room, 100 F Street, NE., Washington, DC 20549 on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of CBOE. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-CBOE-2011-001 and should be submitted on or before February 11,
2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-1219 Filed 1-20-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Notices]
[Pages 52438-52439]
[FR Doc No: 2018-22625]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP19-36-001.
    Applicants: Dominion Energy Questar Pipeline, LLC.
    Description: Tariff Amendment: Withdrawal of Filing to be effective
10/8/2018.
    Filed Date: 10/9/18.
    Accession Number: 20181009-5007.
    Comments Due: 5 p.m. ET 10/22/18.

    Docket Numbers: RP19-48-000.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Volume No. 2--Neg Rate Agmt--
NextEra Energy Marketing, LLC SP324013 to be effective 11/1/2018.
    Filed Date: 10/10/18.
    Accession Number: 20181010-5042.
    Comments Due: 5 p.m. ET 10/22/18.

    Docket Numbers: RP19-49-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 101018 Negotiated Rates--
Castleton Commodities Merchant Trading L.P. H-4010-89 to be effective
11/1/2018.
    Filed Date: 10/10/18.
    Accession Number: 20181010-5083.
    Comments Due: 5 p.m. ET 10/22/18.

    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: October 11, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-22625 Filed 10-16-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Notices]
[Pages 12822-12823]
[FR Doc No: 2013-04188]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1998-4334; FMCSA-2000-7363; FMCSA-2000-7918; FMCSA-
2000-8398; FMCSA-2002-12844; FMCSA-2002-13411; FMCSA-2006-24015; FMCSA-
2006-25246; FMCSA-2006-26066; FMCSA-2008-0266; FMCSA-2008-0340; FMCSA-
2010-0385; FMCSA-2010-0413]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
24 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective March 23, 2013. Comments must be
received on or before March 27, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: [Docket No. FMCSA-1998-4334; FMCSA-
2000-7363; FMCSA-2000-7918; FMCSA-2000-8398; FMCSA-2002-12844; FMCSA-
2002-13411; FMCSA-2006-24015; FMCSA-2006-25246; FMCSA-2006-26066;
FMCSA-2008-0266; FMCSA-2008-0340; FMCSA-2010-0385; FMCSA-2010-0413],
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on December
29, 2010 (75 FR 82132), or you may visit http://www.gpo.gov/fdsys/pkg/FR-2010-12-29/pdf/2010-32876.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 24 individuals who have requested renewal of
their

exemptions in accordance with FMCSA procedures. FMCSA has evaluated
these 24 applications for renewal on their merits and decided to extend
each exemption for a renewable two-year period. They are:

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

------------------------------------------------------------------------
David W. Ball (MO)...........  Thomas F. Marczewski (WI)
Willie Burnett, Jr. (FL).....  Roy E. Mathews (FL)
Marcus L. Conner (TX)........  James T. McGraw, Jr. (PA)
Thomas G. Danclovic (MO).....  Robert S. Metcalf (AZ)
Donald K. Driscoll (MA)......  Carl A. Michel, Sr. (MD)
Richard G. Gruber (SC).......  Donald R. Pointer (CO)
Kenneth L. Handy (IA)........  Bobby G. Pool, Sr. (TX)
William G. Holland (AR)......  Mark A. Steckmyer (KY)
Bruce G. Horner (WA).........  Jeremichael Steele (NC)
Thomas J. Ivins (FL).........  Wade D. Taylor (MO)
Leon E. Jackson (GA).........  Ronald J. Watt (ND)
Gerald D. Larson (WI)........  Yu Weng (NJ)
------------------------------------------------------------------------

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 24 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (63 FR 66226; 64 FR 16517; 65 FR 45817; 65 FR 66286; 65 FR
77066; 65 FR 78256; 66 FR 13825; 66 FR 16311; 67 FR 68719; 67 FR 76439;
68 FR 10298; 68 FR 10300; 68 FR 13360; 68 FR 2629; 69 FR 71100; 70 FR
12265; 70 FR 7545; 70 FR 7546; 71 FR 14566; 71 FR 30227; 71 FR 63379;
72 FR 1050; 72 FR 1053; 72 FR 11426; 72 FR 180; 72 FR 7812; 72 FR 9397;
73 FR 27014; 73 FR 51689; 73 FR 63047; 73 FR 75803; 74 FR 6209; 74 FR
8302; 75 FR 77942; 75 FR 77949; 76 FR 11215; 76 FR 12408; 76 FR 1493;
76 FR 4413; 76 FR 5425; 76 FR 9861). Each of these 24 applicants has
requested renewal of the exemption and has submitted evidence showing
that the vision in the better eye continues to meet the requirement
specified at 49 CFR 391.41(b)(10) and that the vision impairment is
stable. In addition, a review of each record of safety while driving
with the respective vision deficiencies over the past two years
indicates each applicant continues to meet the vision exemption
requirements.
    These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each
renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by March 27, 2013.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 24 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

    Issued on: February 15, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-04188 Filed 2-22-13; 8:45 am]
BILLING CODE 4910-EX-P