[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Rules and Regulations]
[Pages 22785-22788]
[FR Doc No: 2013-08926]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0091; FRL-9803-3]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware, State Board Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the
Delaware State Implementation Plan (SIP) submitted by the Delaware
Department of Natural Resources and Environmental Control (DNREC) on
January 11, 2013. The SIP revision addresses requirements of the Clean
Air Act (CAA) for all criteria pollutants of the national ambient air
quality standards (NAAQS) in relation to State Boards. EPA is approving
this SIP revision in accordance with the requirements of the CAA.

DATES: This rule is effective on June 17, 2013 without further notice,
unless EPA receives adverse written comment by May 17, 2013. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0091 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2013-0091, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2013-0091. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Delaware Department of Natural Resources and
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware
19903.

FOR FURTHER INFORMATION CONTACT: Rose Quinto,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 128 of the CAA requires SIPs to comply with the
requirements regarding State Boards. Section 110(a)(2)(E)(ii) of the
CAA also references these requirements. Section 128(a) of the CAA
requires SIPs to contain provisions that: (1) Any board or body which
approves permits or enforcement orders under the CAA have at least a
majority of its members

represent the public interest and not derive any significant portion of
their income from persons subject to permits or enforcement orders
under the CAA; and (2) any potential conflict of interest by members of
such board or body or the head of an executive agency with similar
powers be adequately disclosed.
    The requirements of CAA section 128(a)(1) are not applicable to
Delaware because it does not have any board or body which approves air
quality permits or enforcement orders. The requirements of CAA section
128(a)(2), however, are applicable to Delaware because DNREC's cabinet
level Secretary (i.e., the head of an executive agency) makes the
referenced decisions.

II. Summary of SIP Revision

    On January 11, 2013, DNREC submitted a SIP revision that addresses
the requirements of CAA sections 128 and 110(a)(2)(E)(ii) for all
criteria pollutants NAAQS in relation to State Boards. Delaware's
statutes governing the relevant section 128 requirements are found in
29 Delaware Code Chapter 58, ``Laws Regulating the Conduct of Officers
and Employees of the State.'' The conduct of the DNREC Secretary, and
that of his employees, is subject to the requirements of 29 Delaware
Code Chapter 58. State employees are required to follow the laws in
Chapter 58 regarding employee conduct. Delaware is incorporating only
certain relevant provisions of Chapter 58 into this SIP revision.

Chapter 58, Subpart I, State Employees', Officers' and Officials' Code
of Conduct

Section 5804. Definitions
Section 5805. Prohibitions relating to conflicts of interest
    (a) Restrictions on exercise of official authority.
    (b) Restrictions on representing another's interest before the
State.
    (c) Restrictions on contracting with the State.
    (f) Criminal sanctions.
    (g) Contracts voidable by court action.
    (h) Exceptions for transportation contracts with school districts.
Section 5806. Code of conduct
    (c) Financial interest in any private enterprise directly involved
in decisions.
    (d) Financial interest in any private enterprise subject to the
regulatory jurisdiction.

Chapter 58, Subpart II, Financial Disclosure

Section 5812. Definitions
Section 5813. Report disclosing financial information
Section 5813A. Report disclosing council or board membership
Section 5815. Violations; penalties; jurisdiction of Superior Court

III. EPA's Analysis of Delaware's SIP Revision

    CAA sections 128 and 110(a)(2)(E)(ii) require that each state's SIP
demonstrates how State Boards who approve CAA permits or enforcement
orders disclose any potential conflicts of interest. DNREC approves all
CAA permits and enforcement orders in Delaware. DNREC is an executive
agency that acts through its Secretary or a delegated state employee
subordinate. DNREC submits that public disclosure of any potential
conflict in the SIP as required by CAA sections 128 and
110(a)(2)(E)(ii) is satisfied by 29 Delaware Code Chapter 58.
    Chapter 58 applies to state employees and prohibits their exercise
of official duties when there is a conflict of interest. The SIP
revision reflects this existing law and demonstrates that Delaware
complies with the requirements of CAA sections 128 and
110(a)(2)(E)(ii).

IV. Final Action

    EPA is approving the Delaware SIP revision that addresses the
requirements of CAA sections 128 and 110(a)(2)(E)(ii) for all criteria
pollutants NAAQS. The SIP revision, which consists of relevant
provisions of 29 Delaware Code Chapter 58, meets the requirements of
CAA sections 128 and 110(a)(2)(E)(ii). EPA is publishing this rule
without prior proposal because EPA views this as a noncontroversial
amendment and anticipates no adverse comment. However, in the
``Proposed Rules'' section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the SIP revision if adverse comments are filed. This rule will
be effective on June 17, 2013 without further notice unless EPA
receives adverse comment by May 17, 2013. If EPA receives adverse
comment, EPA will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. EPA will
address all public comments in a subsequent final rule based on the
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting must do so at this time.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP which meets CAA sections 128 and

110(a)(2)(E)(ii) is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 17, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, approving the SIP revision for purposes of meeting
the CAA sections 128 and 110(a)(2)(E)(ii) requirements for all criteria
pollutants of the NAAQS in relation to State Boards, may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference.

    Dated: April 3, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart I--Delaware

0
2. Section 52.420 is amended by:
0
a. Revising table heading in paragraph (c) to read ``EPA-Approved
Regulations and Statutes in the Delaware SIP.''
0
b. The Table in paragraph (c) is amended by adding entries for Chapter
58 at the end of the table.
0
c. The table in paragraph (e) is amended by adding an entry for ``CAA
sections 128 and 110(a)(2)(E)(ii) requirements in relation to State
Boards for all criteria pollutants'' at the end of the table.
    The additions and revisions read as follows:

Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                            EPA-Approved Regulations and Statutes in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
                                                        State                                    Additional
     State regulation           Title/subject      effective date     EPA approval date         explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                  Chapter 58 Laws Regulating the Conduct of Officers and Employees of the State
----------------------------------------------------------------------------------------------------------------
                      Subpart I State Employees', Officers' and Officials' Code of Conduct
----------------------------------------------------------------------------------------------------------------
Section 5804.............  Definitions...........         12/4/12  4/17/13 [Insert         .....................
                                                                    Federal Register page
                                                                    number where the
                                                                    document begins and
                                                                    date].
Section 5805.............  Prohibitions relating          12/4/12  4/17/13 [Insert         Paragraphs (a), (b),
                            to conflicts of                         Federal Register page   (c), (f), (g), (h).
                            interest.                               number where the
                                                                    document begins and
                                                                    date].
Section 5806.............  Code of conduct.......         12/4/12  4/17/13 [Insert         Paragraphs (c) and
                                                                    Federal Register page   (d).
                                                                    number where the
                                                                    document begins and
                                                                    date].
----------------------------------------------------------------------------------------------------------------
                                         Subpart II Financial disclosure
----------------------------------------------------------------------------------------------------------------
Section 5812.............  Definitions...........         12/4/12  4/17/13 [Insert         .....................
                                                                    Federal Register page
                                                                    number where the
                                                                    document begins and
                                                                    date].
Section 5813.............  Report disclosing              12/4/12  4/17/13 [Insert         Paragraphs (a), (b),
                            financial information.                  Federal Register page   (c) and (d).
                                                                    number where the
                                                                    document begins and
                                                                    date].
Section 5813A............  Report disclosing              12/4/12  4/17/13 [Insert         Paragraphs (a), and
                            council and board                       Federal Register page   (b).
                            membership.                             number where the
                                                                    document begins and
                                                                    date].
Section 5815.............  Violations; penalties;         12/4/12  4/17/13 [Insert         Paragraphs (a), (b),
                            jurisdiction of                         Federal Register page   (c) and (d).
                            Superior Court.                         number where the
                                                                    document begins and
                                                                    date].
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
    Name of non-regulatory SIP          Applicable           State                                Additional
             revision                geographic area    submittal date   EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
CAA sections 128 and               Statewide..........         1/11/13  4/17/13 [Insert      ...................
 110(a)(2)(E)(ii) requirements in                                        Federal Register
 relation to State Boards for all                                        page number where
 criteria pollutants.                                                    the document
                                                                         begins and date].
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[FR Doc. 2013-08926 Filed 4-16-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 215 (Thursday, November 6, 2014)]
[Notices]
[Pages 65935-65936]
[FR Doc No: 2014-26391]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14642-000]

San Diego County Water Authority; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On October 16, 2014, the San Diego County Water Authority,
California, filed an application for a preliminary permit, pursuant to
section 4(f) of the Federal Power Act (FPA), proposing to study the
feasibility of the San Vicente Pumped Storage Project (Project) to be
located at San Vicente reservoir, in Lakeside, California. The sole
purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The lower reservoir portion of the proposed project would consist
of the following: (1) The existing San Vicente reservoir with a storage
capacity of 246,000 acre-feet and a surface area of 1,600 acres at a
normal maximum operating elevation of 766 feet above mean sea level
(msl); (2) the existing 1,430-foot-long, 337-foot-high San Vicente
roller compacted concrete (RCC) gravity dam; (3) a lower reservoir
inlet/outlet structure equipped with trash racks and one or two slide
gates; (4) a 230-kilovolt (kV) substation containing step-up
transformers, circuit breakers, and disconnect switches; (5) a
switchyard constructed at the point of interconnection; (6) an
approximately 5-mile-long, 230-kV overhead or underground transmission
line that would extend from the northern end of San Vicente reservoir
to the 230-kV Sycamore substation and interconnect with San Diego Gas
and Electric's 500-kV Sunrise Powerlink; and (7) appurtenant
facilities.
    The upper reservoir portion of the proposed project would include
one of the following four alternatives.

Alternative A--Iron Mountain

    Alternative Site A, located near Iron Mountain, approximately 3
miles northwest of the San Vicente reservoir, would consist of: (1) A
reservoir with a storage capacity of 6,100 acre-feet and a surface area
of 93 acres at a full pond elevation of 2,110 feet msl; (2) three RCC
saddle dams measuring respectively: (i) 1,425 feet long and 35 feet
high, (ii) 1,340 feet long and 75 feet high, and (iii) 838 feet long
and 15 feet high; (3) a 235-foot-long, 85-foot wide, 131-foot-tall
subsurface powerhouse containing two 250-MW vertical Francis variable
speed reversible pump/turbine/generator units; (4) a 1,358-foot-long,
12-foot-diameter concrete-lined tailrace tunnel; (5) an upper reservoir
inlet/outlet structure; (6) two 171-foot-long, 16-foot-diameter steel-
lined penstocks; (7) a 1,350-foot-long, 230-kV, underground
transmission line extending from the upper reservoir to the northern
end of San Vicente reservoir; and (8) appurtenant facilities. This
alternative would annually generate an estimated 1,022 gigawatt-hours
(GWh).

Alternative B--Foster Canyon

    Alternative Site B, located near Foster Canyon, approximately one-
half mile northwest of the San Vicente reservoir, would consist of: (1)
A reservoir with a storage capacity of 7,800 acre-feet and a surface
area of 100 acres at a full pond elevation of 1,490 feet msl; (2) five
RCC saddle dams measuring, respectively: (i) 1,760 feet long and 160
feet high, (ii) 838 feet long and 80 feet high, (iii) 838 feet long and
80 feet high, (iv) 1,006 feet long and 240 feet high, and (v) 3,100
feet long and 30 feet high; (3) a 235-foot-long, 88-foot-wide, 147-
foot-tall subsurface powerhouse containing two 250-MW vertical Francis
variable speed reversible pump/turbine/generator units; (4) a 2,244-
foot-long, 18-foot-diameter concrete-lined tailrace tunnel; (5) an
upper reservoir inlet/outlet structure; (6) two 326-foot-long, 22-foot-
diameter steel-lined penstocks; (7) a 2,200-foot-long, 230-kV,
underground transmission line extending from the upper reservoir to the
northern end of San Vicente reservoir; and (8) appurtenant facilities.
This alternative would annually generate an estimated 1,022 GWh.

Alternative Site C--Northeast

    Alternative Site C, located 0.8 mile northeast of the San Vicente
reservoir, would consist of: (1) A reservoir with a storage capacity of
7,700 acre-feet and a surface area of 60 acres at a full pond elevation
of 1,600 feet msl; (2) four RCC saddle dams measuring, respectively:
(i) 1,176 feet long and 260 feet high, (ii)1,508 feet long and 20 feet
high, (iii) 2,500 feet long and 20 feet high, and (iv) 2,700 feet long
and 20 feet high; (3) a 267-foot-long, 93-foot-wide, 179-foot-high
subsurface powerhouse, containing two 250-MW vertical Francis variable
speed reversible pump/turbine-motor/generator units; (4) a 1,252-foot-
long, 17-foot-diameter, concrete-lined tailrace tunnel connecting the
pump/turbine draft tubes with the lower reservoir inlet/outlet
structure; (5) an upper reservoir inlet/outlet structure equipped with
trash racks and one or two slide gates; (6) two 297-foot-long, 22-foot-
diameter steel-lined penstocks; (7) a 1,200-foot-long, 230-kV,
underground transmission line from the upper reservoir to the northern
end of San Vicente reservoir; and (8) appurtenant facilities. This
alternative would annually generate an estimated 1,022 GWh.

Alternative Site D--Southeast

    Alternative Site D, located 1.8 miles southeast of the San Vicente
reservoir, would include: (1) A reservoir with a storage capacity of
4,500 acre-feet and a surface area of 80 acres at a full pond elevation
of 1,800 feet msl; (2) a 2,263-foot-long, 285-foot-high RCC dam; (3) a
235-foot-long, 85-foot-wide, 131-foot-tall subsurface powerhouse
containing two 250-MW vertical Francis variable speed reversible pump/
turbine-motor/generator units; (4) a 1,415-foot-long, 13-foot-diameter
concrete-lined tailrace tunnel; (5) an upper reservoir inlet/outlet
structure; (6) two 180-foot-long, 17-foot-diameter steel-lined
penstocks; (7) a 1,400-foot-long, 230-kV, underground transmission line
extending from the upper reservoir to the northern end of San Vicente
reservoir; and (8) appurtenant facilities. This alternative would
annually generate an estimated 715 GWh.
    Applicant Contact: Ms. Maureen Stapleton, General Manager, San
Diego County Water Authority, 4677 Overland Avenue, San Diego,
California 92123; phone:<PHONE_NUMBER>.
    FERC Contact: Joseph Hassell, phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications

(without notices of intent), or notices of intent to file competing
applications: 60 days from the issuance of this notice. Competing
applications and notices of intent must meet the requirements of 18 CFR
4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-14642-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14642) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: October 30, 2014.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2014-26391 Filed 11-5-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 246 (Thursday, December 22, 2016)]
[Notices]
[Page 93913]
[FR Doc No: 2016-30836]

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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: RP17-261-000.
    Applicants: Bear Creek Storage Company, L.L.C.
    Description: Compliance filing Annual Fuel Assessment
    Filed Date: 12/15/16
    Accession Number: 20161215-5059
    Comments Due: 5 p.m. ET 12/27/16

    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 Sec.  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: December 15, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-30836 Filed 12-21-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: October 13, 2006 (Volume 71, Number 198)]
[Notices]
[Page 60499]
[DOCID:fr13oc06-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-3-000]

Gulf South Pipeline Company, LP; Notice of Proposed Changes in
FERC Gas Tariff

October 6, 2006.
    Take notice that on October 2, 2006, Gulf South Pipeline Company,
LP (Gulf South) tendered for filing as part of its Sixth Revised Volume
No. 1 FERC Gas Tariff, the following tariff Sheets, to become effective
November 1, 2006:

First Revised Sheet No. 1103
Second Revised Sheet No. 1104

    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-16959 Filed 10-12-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Notices]
[Pages 12408-12410]
[FR Doc No: 2011-4941]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0413]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 16 individuals from the
vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs). The exemptions will enable these individuals to operate
commercial motor vehicles (CMVs) in interstate commerce without meeting
the prescribed vision standard. The Agency has concluded that granting
these exemptions will provide a level of safety that is equivalent to,
or greater than, the level of safety maintained without the exemptions
for these CMV drivers.

DATES: The exemptions are effective March 7, 2011. The exemptions
expire on March 7, 2013.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<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:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov.
    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 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 FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Background

    On January 10, 2011, FMCSA published a notice of receipt of
exemption applications from certain individuals, and requested comments
from the public (76 FR 1493). That notice listed 16 applicants' case
histories. The 16 individuals applied for exemptions from the vision
requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in
interstate commerce.
    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-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 statute also allows the
Agency to renew exemptions at the end of the 2-year period.
Accordingly, FMCSA has evaluated the 16 applications on their merits
and made a determination to grant exemptions to each of them.

Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor
vehicle if that person has distant visual acuity of at least 20/40
(Snellen) in each eye without corrective lenses or visual acuity
separately corrected to 20/40 (Snellen) or better with corrective
lenses, distant binocular acuity of a least 20/40 (Snellen) in both
eyes with or without corrective lenses, field of vision of at least
70[deg] in the horizontal meridian in each eye, and the ability to
recognize the colors of traffic signals and devices showing standard
red, green, and amber (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision standard,
but have adapted their driving to accommodate their vision limitation
and demonstrated their ability to drive safely. The 16 exemption
applicants listed in this notice are in this category. They are unable
to meet the vision standard in one eye for various reasons, including
amblyopia, complete loss of vision, macular drusen, central serous
retinopathy, optic atrophy, retinal detachment, histoplasmosis, nuclear
sclerosis cataract, and prosthesis. In most cases, their eye conditions
were not recently developed. Eleven of the applicants were either born
with their vision impairments or have had them since childhood. The 5
individuals who sustained their vision conditions as adults have had
them for periods ranging from 7 to 27 years.
    Although each applicant has one eye which does not meet the vision
standard in 49 CFR 391.41(b)(10), each has at least 20/40 corrected
vision in the other eye, and in a doctor's opinion, has sufficient
vision to perform all the tasks necessary to operate a CMV. Doctors'
opinions are supported by the applicants' possession of valid
commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before
issuing CDLs, States subject drivers to knowledge and skills tests
designed to evaluate their qualifications to operate a CMV.
    All of these applicants satisfied the testing standards for their
State of residence. By meeting State licensing requirements, the
applicants demonstrated their ability to operate a commercial vehicle,
with their limited vision, to the satisfaction of the State. While
possessing a valid CDL or non-CDL, these 16 drivers have been
authorized to drive a CMV in intrastate commerce, even though their
vision disqualified them from driving in interstate commerce. They have
driven CMVs with their limited vision for careers ranging from 2 to 44
years. In the past 3 years, 2 of the drivers were involved in crashes
or convicted of moving violations in a CMV.
    The qualifications, experience, and medical condition of each
applicant were stated and discussed in detail in the January 10, 2011
notice (76 FR 1493).

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the vision standard in 49 CFR 391.41(b)(10) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. Without the exemption, applicants
will continue to be restricted to intrastate driving. With the
exemption, applicants can drive in interstate commerce. Thus, our
analysis focuses on whether an equal or greater level of safety is
likely to be achieved by permitting each of these drivers to drive in
interstate commerce as opposed to restricting him or her to driving in
intrastate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered not only the medical reports about the applicants' vision,
but also their driving records and experience with the vision
deficiency.
    To qualify for an exemption from the vision standard, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past 3
years. Recent driving performance is especially important in evaluating
future safety, according to several research studies designed to
correlate past and future driving performance. Results of these studies
support the principle that the best predictor of future performance by
a driver is his/her past record of crashes and traffic violations.
Copies of the studies may be found at Docket Number FMCSA-1998-3637.
    We believe we can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrate the driving performance
of experienced monocular drivers in the program is better than that of
all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996).
The fact that experienced monocular drivers demonstrated safe driving
records in the waiver program supports a conclusion that other
monocular drivers, meeting the same qualifying conditions as those
required by the waiver program, are also likely to have adapted to
their vision deficiency and will continue to operate safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used 3 consecutive years
of data, comparing the experiences of drivers in the first 2 years with
their experiences in the final year.
    Applying principles from these studies to the past 3-year record of
the 16 applicants, two of the applicants were convicted for a moving
violation and none of the applicants were involved in a crash. All the
applicants achieved a record of safety while

driving with their vision impairment, demonstrating the likelihood that
they have adapted their driving skills to accommodate their condition.
As the applicants' ample driving histories with their vision
deficiencies are good predictors of future performance, FMCSA concludes
their ability to drive safely can be projected into the future.
    We believe that the applicants' intrastate driving experience and
history provide an adequate basis for predicting their ability to drive
safely in interstate commerce. Intrastate driving, like interstate
operations, involves substantial driving on highways on the interstate
system and on other roads built to interstate standards. Moreover,
driving in congested urban areas exposes the driver to more pedestrian
and vehicular traffic than exists on interstate highways. Faster
reaction to traffic and traffic signals is generally required because
distances between them are more compact. These conditions tax visual
capacity and driver response just as intensely as interstate driving
conditions. The veteran drivers in this proceeding have operated CMVs
safely under those conditions for at least 3 years, most for much
longer. Their experience and driving records lead us to believe that
each applicant is capable of operating in interstate commerce as safely
as he/she has been performing in intrastate commerce. Consequently,
FMCSA finds that exempting these applicants from the vision standard in
49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to
that existing without the exemption. For this reason, the Agency is
granting the exemptions for the 2-year period allowed by 49 U.S.C.
31136(e) and 31315 to the 16 applicants listed in the notice of January
10, 2011 (76 FR 1493).
    We recognize that the vision of an applicant may change and affect
his/her ability to operate a CMV as safely as in the past. As a
condition of the exemption, therefore, FMCSA will impose requirements
on the 16 individuals consistent with the grandfathering provisions
applied to drivers who participated in the Agency's vision waiver
program.
    Those requirements are found at 49 CFR 391.64(b) and include the
following: (1) That each individual be physically examined every year
(a) by an ophthalmologist or optometrist who attests that the vision in
the better eye continues to meet the standard 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 provide 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, or keep a copy in his/her driver's qualification
file if he/she is self-employed. The driver must also have a copy of
the certification when driving, for presentation to a duly authorized
Federal, State, or local enforcement official.

Discussion of Comments

    FMCSA received one comment in this proceeding. The comment was
considered and discussed below.
    Ms. Tanya Lyons of the Delaware DMV medical section was in favor of
granting a Federal vision exemption to Thomas S. Roth, she indicated
that he has had a clear safety driving record since he became a CDL
license holder in the State of Delaware.

Conclusion

    Based upon its evaluation of the 16 exemption applications, FMCSA
exempts Michael L. Ballantyne, Terry Brown, Delbert M. Carson, Wingson
Chang, Richard C. Dickinson, Richard A. Guthrie, Kennth L. Handy,
Thomas J. Ivins, Bryon K. Lavender, Victor M. McCants, William K.
Otwell, Donald R. Pointer, Steve A. Reece, Thomas S. Roth, Mark A.
Steckmyer, and James M. Tennyson from the vision requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above (49 CFR
391.64(b)).
    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for 2 years unless revoked earlier by FMCSA. The
exemption will be revoked 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 and 31315.
    If the exemption is still effective at the end of the 2-year
period, the person may apply to FMCSA for a renewal under procedures in
effect at that time.

    Issued on: February 25, 2011.
 Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2011-4941 Filed 3-4-11; 8:45 am]
BILLING CODE 4910-EX-P