[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Notices]
[Pages 39092-39093]
[FR Doc No: 2015-16684]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13809-002]

Lock+TM Hydro Friends Fund XLVIII; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On March 27, 2015, Lock+TM Hydro Friends Fund XLVIII filed an
application for a preliminary permit under section 4(f) of the Federal
Power Act proposing to study the feasibility of the proposed
Mississippi River Lock and Dam 14 Hydropower Project No. 13809-002, to
be located at the existing U.S. Army Corps of Engineers' Mississippi
River Lock and Dam No. 14 near the city of Hampton, Rock Island County,
Illinois. The sole purpose of a preliminary permit, if issued, is to
grant the permit holder priority to file a license application during
the permit term. A preliminary permit does not authorize the permit
holder to perform any land-disturbing activities or otherwise enter
upon lands or waters owned by others without the owners' express
permission.
    The proposed project would be located completely within lands owned
by the United States and consist of: (1) Three 105-foot-wide, 40-foot-
hight Large Frame Modules (LFM) each containing seven 860 kilowatt (kW)
hydropower turbines for a total installed capacity of 18,060 kW; (2) a
debris screen and fish screen placed upstream of the LFM; (3) a 50-
foot-long tailrace; (4) a switchyard adjacent to the LFM installation
and containing a new transformer and control room; (5) a 3.5-mile-long,
69 kilovolt transmission line connecting the generating power to the
local grid using an existing substation; and (6) appurtenant
facilities. The LFM would be installed upstream of the dam in a single
row across the Mississippi River on the side of the river farthest away
from the navigational lock. The LFM would be anchored to new pilings or
a concrete gravity structure in the river bed. The project is estimated
to generate 102,000 megawatt hours annually.
    Applicant Contact: Mr. Wayne F. Krouse, Chairman, Hydro Green
Energy, LLC, Managing Partner, Lock+\TM\ Hydro Friends Fund XLVIII, PO
Box 43796, Birmingham, AL 35243; phone:<PHONE_NUMBER>, extension 709.
    FERC Contact: Sergiu Serban,<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-13809-002.

    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-13809) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: June 30, 2015.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2015-16684 Filed 7-7-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 101 (Friday, May 24, 2019)]
[Notices]
[Pages 24188-24191]
[FR Doc No: 2019-10858]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85896; File No. SR-CboeBZX-2019-004]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Order
Instituting Proceedings To Determine Whether To Approve or Disapprove a
Proposed Rule Change To List and Trade Shares of the VanEck SolidX
Bitcoin Trust

May 20, 2019.
    On January 30, 2019, Cboe BZX Exchange, Inc. (``BZX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade shares of SolidX Bitcoin Shares
(``Shares'') issued by the VanEck SolidX Bitcoin Trust (``Trust'')
under BZX Rule 14.11(e)(4), Commodity-Based Trust Shares. The proposed
rule change was published for comment in the Federal Register on
February 20, 2019.\3\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 85119 (Feb. 13,
2019), 84 FR 5140 (Feb. 20, 2019) (``Notice'').
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    On March 29, 2019, pursuant to Section 19(b)(2) of the Act,\4\ the
Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\5\ The Commission has received 25 comment letters on the
proposed rule change.\6\ This order institutes proceedings under
Section 19(b)(2)(B) of the Act \7\ to determine whether to approve or
disapprove the proposed rule change.
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    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 85475 (Mar. 29,
2019), 84 FR 13345 (Apr. 4, 2019). The Commission designated May 21,
2019, as the date by which it should approve, disapprove, or
institute proceedings to determine whether to disapprove the
proposed rule change.
    \6\ Comments on the proposed rule change can be found at:
https://www.sec.gov/comments/sr-cboebzx-2019-004/srcboebzx2019004.htm.
    \7\ 15 U.S.C. 78s(b)(2)(B).
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I. Summary of the Proposal

    As described in detail in the Notice,\8\ the Exchange proposes to
list and trade the Shares under BZX Rule 14.11(e)(4), which governs the
listing and trading of Commodity-Based Trust Shares on the Exchange.\9\
Each Share would represent a fractional undivided beneficial interest
in the Trust's net assets. The Trust's assets would consist of bitcoin,
and the Trust would be responsible for custody of the Trust's
bitcoin.\10\ SolidX Management LLC would be the sponsor of the Trust
(``Sponsor''). The Bank of New York Mellon would be the Administrator,
transfer agent, and the custodian with respect to cash of the Trust.
Foreside Fund Services, LLC would be the marketing agent in connection
with the creation and redemption of baskets of Shares. Van Eck
Securities Corporation would provide assistance in the marketing of the
Shares.\11\
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    \8\ See Notice, supra note 3.
    \9\ See BZX Rule 14.11(e)(4) (permitting the listing and trading
of ``Commodity-Based Trust Shares,'' defined as a security (a) that
is used by a trust which holds a specified commodity deposited with
the trust; (b) that is issued by such trust in a specified aggregate
minimum number in return for a deposit of a quantity of the
underlying commodity; and (c) that, when aggregated in the same
specified minimum number, may be redeemed at a holder's request by
such trust which will deliver to the redeeming holder the quantity
of the underlying commodity).
    \10\ See Notice, supra note 3, 84 FR at 5141.
    \11\ See id.
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    According to the Exchange, the investment objective of the Trust
would be for the Shares to reflect the performance of the price of
bitcoin, less the expenses of the Trust's operations. The Trust would
not be actively managed and would not engage in activities designed to
obtain a profit from, or to ameliorate losses caused by, changes in the
price of bitcoin.\12\ The Administrator would generally use the closing
price set for bitcoin by the MVIS Bitcoin OTC Index (``MVBTCO'') to
calculate the Fund's net asset value (``NAV'') on each business day
that the Exchange is open for regular trading, as promptly as
practicable after 4:00 p.m. E.T.\13\
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    \12\ See id.
    \13\ See id. at 5147. In the event that the Sponsor determines
that this valuation method has failed, the Sponsor will determine
the bitcoin market price on the valuation date according to a set of
alternative methods to be used in the following order: (a) The mid-
point price of the bid/ask spread as of 4:00 p.m. E.T. obtained by
the Sponsor from any bitcoin over-the-counter (``OTC'') platform
that is part of the MVBTCO index; (b) the volume-weighted average
price over the 24-hour period ending at 4:00 p.m. E.T. as published
by a public data feed that is calculated based upon a volume-
weighted average bitcoin price obtained from the major U.S. dollar-
denominated bitcoin exchanges and that the Sponsor determines is
reasonably reliable; and (c) the Sponsor's best judgment of a good
faith estimate of the bitcoin market price. Greater detail
concerning the alternative pricing procedures if the MVBTCO cannot
be utilized as the basis for NAV calculations can be found in the
Notice. See id.
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    According to the Exchange, the MVBTCO represents the value of one
bitcoin in U.S. dollars at any point in time. The Exchange represents
that the MVBTCO calculates the intra-day price of bitcoin every 15
seconds and a closing price as of 4:00 p.m. E.T., each

weekday and that the intra-day levels of the MVBTCO incorporate the
real-time price of bitcoin based on executable bids and asks derived
from constituent bitcoin OTC platforms that have entered into an
agreement with MV Index Solutions GmbH to provide such information.\14\
According to the Exchange, the intra-day price and closing level of the
MVBTCO are calculated using a proprietary methodology collecting
executable bid/ask spreads and calculating a mid-point price from these
U.S.-based bitcoin OTC platforms.\15\
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    \14\ According to the Exchange, each OTC constituent platform or
``OTC Trading Desk'' will offer constant, executable bids and offers
of at least $250,000 worth of bitcoin, and the MVBTCO value will be
based on these bids and offers. The Exchange represents that it will
have in place a comprehensive surveillance sharing agreement with
each of these OTC Trading Desks prior to the Shares listing on the
Exchange. See id. at 5145, n.35.
    \15\ According to the Sponsor, the MVBTCO's methodology
decreases the influence on the MVBTCO of any particular OTC platform
that diverges from the rest of the data points used by the MVBTCO,
which reduces the possibility of an attempt to manipulate the price
of bitcoin as reflected by the MVBTCO. See id. at 5146.
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II. Proceedings To Determine Whether To Approve or Disapprove SR-
CboeBZX-2019-004 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \16\ to determine whether the proposed rule
change should be approved or disapproved. Institution of such
proceedings is appropriate at this time in view of the legal and policy
issues raised by the proposed rule change. Institution of proceedings
does not indicate that the Commission has reached any conclusions with
respect to any of the issues involved. Rather, as described below, the
Commission seeks and encourages interested persons to provide comments
on the proposed rule change.
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    \16\ 15 U.S.C. 78s(b)(2)(B).
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    Pursuant to Section 19(b)(2)(B) of the Act,\17\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of the proposed rule change's consistency with Section 6(b)(5)
of the Act, which requires, among other things, that the rules of a
national securities exchange be ``designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade,'' and ``to protect investors and the public
interest.'' \18\
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    \17\ Id.
    \18\ 15 U.S.C. 78f(b)(5).
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    The Commission asks that commenters address the sufficiency of the
Exchange's statements in support of the proposal, which are set forth
in the Notice,\19\ in addition to any other comments they may wish to
submit about the proposed rule change. In particular, the Commission
seeks comment on the following questions and asks commenters to submit
data where appropriate to support their views:
---------------------------------------------------------------------------

    \19\ See Notice, supra note 3.
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    1. What are commenters' views on whether the Exchange has entered
into a surveillance-sharing agreement with a regulated market of
significant size related to bitcoin? What are commenters' views of the
Exchange's assertion that the trading volume in bitcoin futures makes
the market for bitcoin futures a regulated market of significant size
related to bitcoin? What are commenters' views on whether there is a
reasonable likelihood that a person attempting to manipulate the Shares
would also have to trade in the bitcoin futures market to manipulate
the Shares? What are commenters' views on whether it is likely that
trading in the Shares would be the predominant influence on prices in
the bitcoin futures market?
    2. What are commenters' views on the relationship between the
bitcoin futures market and the bitcoin spot market? For example, what
is the relative size of these markets, and where does bitcoin price
formation occur? Does the market, spot or futures, in which price
formation occurs affect commenters' analysis of whether it is
reasonably likely that someone attempting to manipulate the Shares
would have to trade in the bitcoin futures market, or that trading in
the Shares would be the predominant influence on prices in the bitcoin
futures market? To what extent, if at all, do recent developments in
the bitcoin futures market--namely, the cessation of new bitcoin
futures contract trading on the Chicago Futures Exchange--affect
commenters' analysis of these questions?
    3. What are commenters' views on whether the trading relationship
between the market for bitcoin futures contracts and the proposed
Trust, which would hold physical bitcoins, would be similar to, or
different from, the relationship between the market for freight futures
contracts and the Breakwave Dry Bulk Shipping ETF (cited by the
Exchange in the Notice),\20\ which directly holds futures contracts
traded on that market? What are commenters' views on how these
similarities or differences might affect an analysis of whether it is
reasonably likely that someone attempting to manipulate the Shares
would have to trade in the bitcoin futures market, or that trading in
the Shares would be the predominant influence on prices in the bitcoin
futures market?
---------------------------------------------------------------------------

    \20\ See id. at 5142-45.
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    4. What are commenters' views on the Trust's proposal to value its
bitcoin holdings based on an index--the MVBTCO--that is calculated
through a proprietary, non-public methodology that uses the privately
reported bid/ask spreads of an unidentified set of U.S.-based market-
makers in the OTC marketplace, which, the Exchange says, has no formal
structure and no open-outcry meeting place? Is the use of a non-public,
proprietary index to value holdings based on OTC activity an
appropriate means to calculate the NAV of an exchange-traded product
(``ETP'')? What are commenters' views on whether determining NAV based
on the index value at 4:00 p.m. E.T. might, or might not, create an
opportunity for manipulation of the NAV or of the Shares? What are
commenters' views on the assertion in the Notice that, according to the
Sponsor, the MVBTCO's methodology reduces the possibility of an attempt
to manipulate the price of bitcoin as reflected by the MVBTCO? What are
commenters' views on the Sponsor's assertion, as described by the
Exchange in the Notice, that ``the OTC desks have a better measure of
the market than any exchange-specific reference price, whether
individually or indexed across multiple exchanges''?
    5. What are commenters' views on the Exchange's representation that
it will have in place a comprehensive surveillance sharing agreement
with each of the OTC platforms that constitute the MVBTCO prior to the
Shares listing on the Exchange? What are commenters' views on the
Exchange's assertion that the regulated nature of each of the OTC
platforms that make up the MVBTCO, the notional volume of trading and
liquidity available on these platforms, the principal-to-principal
nature of these platforms, and comprehensive surveillance sharing
agreements with each of the OTC platforms (in addition to the
Exchange's standard surveillance procedures) are sufficient to prevent
fraudulent and manipulative acts and practices in the Shares? What are
commenters' views on the extent to which each of these OTC platforms is
regulated? What are commenters' views on the extent to which each of
these OTC platforms can, or does, conduct surveillance of bitcoin
trading activity?

    6. What are commenters' views on the size, liquidity, transparency,
number and nature of market participants, and price discovery in the
OTC market for bitcoin, both on an absolute basis and relative to the
bitcoin spot market as a whole? What are commenters' views on whether
the volume of U.S. dollar trading of bitcoin--which excludes bitcoin
trading against other sovereign currencies or digital assets--is a
meaningful or appropriate measure of bitcoin market volume?
    7. The Exchange states that the Trust does not intend to report its
OTC trading. What are commenters' views on how the Trust's unreported
OTC trades may affect the calculation of the Trust's NAV and the
ability of market makers to engage in arbitrage?
    8. What are commenters' views on each of the set of alternative
means by which the Trust proposes to value its holdings in the event
that the Sponsor determines that the MVBTCO, or another alternate
pricing mechanism, has failed, is unavailable, or is deemed unreliable?
What are commenters' views on whether any of these pricing mechanisms,
primary or alternate, would be affected by, or resistant to,
manipulative activity in bitcoin markets?
    9. What are commenters' views on the assertion by the Exchange that
the dissemination of information on the Trust's website, along with
quotations for and last-sale prices of transactions in the Shares and
the intra-day indicative value (or ``IIV'') and NAV of the Trust, will
help to reduce the ability of market participants to manipulate the
bitcoin market or the price of the Shares and that the Trust's
arbitrage mechanism will facilitate the correction of price
discrepancies in bitcoin and the Shares? What are commenters' views on
whether the liquidity of the OTC bitcoin market is sufficient to
support efficient arbitrage between the price of the Shares and the
spot price of bitcoin?
    10. The Exchange represents that it has entered into a
comprehensive surveillance-sharing agreement with the Gemini Exchange
and is working to establish similar agreements with other bitcoin
venues. What are commenters' views on whether the Gemini Exchange is a
regulated market of significant size? What are commenters' views on
whether there is a reasonable likelihood that a person attempting to
manipulate the proposed ETP would also have to trade on the Gemini
Exchange? What are commenters' views on whether trading in the proposed
ETP would be the predominant influence on prices in the Gemini
Exchange? What are commenters' views on whether the Exchange could
enter into surveillance-sharing agreements with regulated spot markets
of significant size related to bitcoin?
    11. What are commenters' views of the Exchange's assertions that
bitcoin is arguably less susceptible to manipulation than other
commodities that underlie ETPs; that the geographically diverse and
continuous nature of bitcoin trading makes it difficult and
prohibitively costly to manipulate the price of bitcoin; that trading
on inside information regarding bitcoin is unlikely; that the
fragmentation across bitcoin markets, the relatively slow speed of
transactions, and the capital necessary to maintain a significant
presence on each trading platform make manipulation of bitcoin prices
through continuous trading activity unlikely; that manipulation of the
price on any single venue would require manipulation of the global
bitcoin price to be effective; that a substantial OTC bitcoin market
provides liquidity and shock-absorbing capacity; that bitcoin's ``24/7/
365 nature'' \21\ provides constant arbitrage opportunities across all
trading venues; and that it is unlikely that any one actor could obtain
a dominant market share?
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    \21\ See id. at 5142 n.11, 5156 n.46.
---------------------------------------------------------------------------

    12. What are commenters' views of the Exchange's assertions that
transacting in the Shares will be geared toward more sophisticated
institutional investors and will be cost-prohibitive for smaller retail
investors? What are commenters' views regarding whether broker-dealers
are likely to offer fractional shares in the Trust to retail investors,
permitting retail investment with a smaller financial commitment? What
are commenters' views of the Exchange's assertions that the Sponsor
believes that demand from new, larger investors accessing bitcoin
through investment in the Shares will broaden the investor base in
bitcoin, which could further reduce the possibility of collusion among
market participants to manipulate the bitcoin market, in light of the
possibility that broker-dealers may offer fractional shares to their
customers?
    13. What are commenters' views on the Exchange's assertion that a
minimum of 100 Shares outstanding at the time of commencement of
trading will be sufficient to provide adequate market liquidity? What
are commenters' views on whether the 100-share minimum would affect the
arbitrage mechanism? What are commenters' views on the Exchange's
assertion that, even though the Trust would not comply with the minimum
number of shares outstanding required by Exchange rules, the policy
concerns underlying that requirement would be otherwise mitigated in
the case of the Trust, because the lower number of Shares is merely a
function of the price of the Shares and will have no effect on the
creation and redemption process or on arbitrage?
    14. What are commenters' views of whether the Trust's proposed
insurance coverage would affect trading in the Shares or in the
underlying bitcoins? What are commenters' views regarding the Trust's
proposed security, control, and insurance measures?

III. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposal is
consistent with Section 6(b)(5) or any other provision of the Act, and
the rules and regulations thereunder. Although there do not appear to
be any issues relevant to approval or disapproval that would be
facilitated by an oral presentation of views, data, and arguments, the
Commission will consider, pursuant to Rule 19b-4, any request for an
opportunity to make an oral presentation.\22\
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    \22\ Section 19(b)(2) of the Act, as amended by the Securities
Act Amendments of 1975, Public Law 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
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    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposal should be approved or
disapproved by June 14, 2019. Any person who wishes to file a rebuttal
to any other person's submission must file that rebuttal by June 28,
2019.
    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-CboeBZX-2019-004 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeBZX-2019-004. 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 website (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 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeBZX-2019-004 and should be submitted
by June 14, 2019. Rebuttal comments should be submitted by June 28,
2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(57).
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Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-10858 Filed 5-23-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Rules and Regulations]
[Pages 22378-22380]
[FR Doc No: 2023-07633]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31479; Amdt. No. 4054]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective April 13, 2023. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of April 13, 2023.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC, 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,

    4. The National Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, email
[email protected] or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., STB Annex, Bldg 26, Room 217,
Oklahoma City, OK 73099. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by amending
the referenced SIAPs. The complete regulatory description of each SIAP
is listed on the appropriate FAA Form 8260, as modified by the National
Flight Data Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is
incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14
CFR 97.20. The large number of SIAPs, their complex nature, and the
need for a special format make their verbatim publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, but refer to their graphic depiction
on charts printed by publishers of aeronautical materials. Thus, the
advantages of incorporation by reference are realized and publication
of the complete description of each SIAP contained on FAA form
documents is unnecessary. This amendment provides the affected CFR
sections, and specifies the SIAPs and Takeoff Minimums and ODPs with
their applicable effective dates. This amendment also identifies the
airport and its location, the procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section. The material incorporated by reference
describes SIAPs, Takeoff Minimums and ODPs as identified in the
amendatory language for Part 97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on criteria
contained in the U.S. Standard for Terminal Instrument Procedures
(TERPS). In developing these changes to SIAPs and Takeoff Minimums and
ODPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP amendments in this rule
have been previously issued by the FAA in a FDC NOTAM as an emergency
action of immediate flight safety relating directly to published
aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on March 17, 2023.
Thomas J. Nichols,
Aviation Safety, Flight Standards Service Manager, Standards Section,
Flight Procedures & Airspace Group, Flight Technologies & Procedures
Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, 14 CFR part
97 is amended by amending Standard Instrument Approach Procedures and
Takeoff Minimums and ODPs, effective at 0901 UTC on the dates
specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40103, 40106, 40113,
40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

--------------------------------------------------------------------------------------------------------------------------------------------------------
        AIRAC date            State             City               Airport          FDC No.      FDC Date                      Subject
--------------------------------------------------------------------------------------------------------------------------------------------------------
20-Apr-23................  TX           Snyder.............  Winston Fld........       2/8516      2/28/23  NDB RWY 35, Amdt 2C.
20-Apr-23................  TX           Snyder.............  Winston Fld........       2/8552      2/28/23  RNAV (GPS) RWY 35, Amdt 1B.
20-Apr-23................  ME           Sanford............  Sanford Seacoast          3/0074      2/28/23  VOR RWY 25, Amdt 14D.
                                                              Rgnl.
20-Apr-23................  PA           State College......  University Park....       3/1756       3/2/23  RNAV (GPS) RWY 6, Amdt 2B.
20-Apr-23................  PA           State College......  University Park....       3/2440       3/3/23  RNAV (GPS) RWY 24, Amdt 1B.
20-Apr-23................  AL           Eufaula............  Weedon Fld.........       3/3434       3/7/23  RNAV (GPS) RWY 18, Amdt 1C.
20-Apr-23................  AL           Eufaula............  Weedon Fld.........       3/3435       3/7/23  RNAV (GPS) RWY 36, Amdt 1C.

20-Apr-23................  MA           New Bedford........  New Bedford Rgnl...       3/5769       3/3/23  ILS OR LOC RWY 5, Amdt 26A.
20-Apr-23................  MA           New Bedford........  New Bedford Rgnl...       3/5770       3/3/23  LOC BC RWY 23, Amdt 13.
20-Apr-23................  MA           New Bedford........  New Bedford Rgnl...       3/5771       3/3/23  RNAV (GPS) RWY 23, Amdt 1.
20-Apr-23................  MA           New Bedford........  New Bedford Rgnl...       3/5772       3/3/23  RNAV (GPS) RWY 5, Amdt 1C.
20-Apr-23................  MA           New Bedford........  New Bedford Rgnl...       3/5773       3/3/23  RNAV (GPS) RWY 14, Orig-D.
20-Apr-23................  WI           Chetek.............  Chetek Muni/              3/7769      2/22/23  Takeoff Minimums and Obstacle DP, Orig-A.
                                                              Southworth.
20-Apr-23................  MI           Saginaw............  Saginaw County/H W        3/7825      2/22/23  RNAV (GPS) RWY 10, Amdt 1A.
                                                              Browne.
20-Apr-23................  PA           State College......  University Park....       3/9474      2/27/23  ILS OR LOC RWY 24, Amdt 9D.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2023-07633 Filed 4-12-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 197 (Thursday, October 13, 2022)]
[Notices]
[Pages 62088-62089]
[FR Doc No: 2022-22228]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC23-3-000.
    Applicants: Jackson Generation, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of Jackson Generation, LLC.
    Filed Date: 10/6/22.
    Accession Number: 20221006-5094.
    Comment Date: 5 p.m. ET 10/27/22.

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

    Docket Numbers: ER18-872-001; ER20-813-001.
    Applicants: Mercuria Energy America, Inc., Mercuria Commodities
Canada Corporation.
    Description: Notice of Change in Status of Mercuria Energy America,
LLC, et al.
    Filed Date: 10/5/22.
    Accession Number: 20221005-5170.
    Comment Date: 5 p.m. ET 10/26/22.

    Docket Numbers: ER22-1089-003.
    Applicants: Jackson Generation, LLC.
    Description: Compliance filing: Informational filing to be
effective N/A.
    Filed Date: 10/6/22.
    Accession Number: 20221006-5027.
    Comment Date: 5 p.m. ET 10/27/22.

    Docket Numbers: ER22-1703-002.
    Applicants: Salem Harbor Power Development LP.
    Description: Notice of Non-Material Change in Status of Salem
Harbor Power Development LP.
    Filed Date: 10/5/22.
    Accession Number: 20221005-5169.
    Comment Date: 5 p.m. ET 10/26/22.

    Docket Numbers: ER22-2048-001.
    Applicants: Skipjack Solar Center, LLC.
    Description: Tariff Amendment: Deficiency Response in Docket ER22-
2048 to be effective 6/8/2022.
    Filed Date: 10/6/22.
    Accession Number: 20221006-5123.
    Comment Date: 5 p.m. ET 10/27/22.

    Docket Numbers: ER22-2187-000; ER22-2188-000.
    Applicants: Northwest Ohio IA, LLC, Northwest Ohio Solar, LLC.
    Description: Second Supplement to June 24, 2022 Northwest Ohio
Solar, LLC, et al. tariff filing.
    Filed Date: 10/5/22.
    Accession Number: 20221005-5174.
    Comment Date: 5 p.m. ET 10/26/22

    Docket Numbers: ER22-2365-001.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Tariff Amendment: Midcontinent Independent System
Operator, Inc. submits tariff filing per 35.17(b): 2022-10-06_SA 3861
Deficiency Response Ameren-ComEd Construction Agreement to be effective
9/12/2022.
    Filed Date: 10/6/22.
    Accession Number: 20221006-5125.
    Comment Date: 5 p.m. ET 10/27/22.

    Docket Numbers: ER22-2369-002.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Tariff Amendment: Midcontinent Independent System
Operator, Inc. submits tariff filing per 35.17(b): 2022-10-06_SA 3862
Deficiency Response Ameren-ComEd As Available Agreement to be effective
9/12/2022.
    Filed Date: 10/6/22.
    Accession Number: 20221006-5127.
    Comment Date: 5 p.m. ET 10/27/22.

    Docket Numbers: ER22-2452-001.
    Applicants: Kentucky Utilities Company.
    Description: Tariff Amendment: APCO Borderline Agreement Response
to September 15, 2022 Deficiency Letter to be effective 10/1/2022.
    Filed Date: 10/6/22.
    Accession Number: 20221006-5025.
    Comment Date: 5 p.m. ET 10/27/22.

    Docket Numbers: ER22-2858-000.
    Applicants: Ball Hill Wind Energy, LLC.
    Description: Supplement to September 15, 2022, Ball Hill Wind
Energy, LLC tariff filing.
    Filed Date: 10/5/22.
    Accession Number: 20221005-5144.
    Comment Date: 5 p.m. ET 10/26/22.

    Docket Numbers: ER22-2859-000.
    Applicants: Bluestone Wind, LLC.
    Description: Supplement to September 15, 2022, Bluestone Wind, LLC
tariff filing.
    Filed Date: 10/5/22.
    Accession Number: 20221005-5168.
    Comment Date: 5 p.m. ET 10/26/22.

    Docket Numbers: ER22-2963-001.
    Applicants: Yellowbud Solar, LLC.
    Description: Tariff Amendment: Supplement to Application for
Market-Based Rate Authority to be effective 11/1/2022.
    Filed Date: 10/6/22.
    Accession Number: 20221006-5108.
    Comment Date: 5 p.m. ET 10/27/22.

    Docket Numbers: ER23-22-000.
    Applicants: Puget Sound Energy, Inc.
    Description: Sec.  205(d) Rate Filing: Proposed Amendments to the
PSE OATT to be effective 12/4/2022.
    Filed Date: 10/6/22.
    Accession Number: 20221006-5000.
    Comment Date: 5 p.m. ET 10/27/22.

    Docket Numbers: ER23-23-000.
    Applicants: American Illuminating Company, LLC.
    Description: Tariff Amendment: Cancellation of Market Based Rate
Tariff to be effective 10/7/2022.
    Filed Date: 10/6/22.
    Accession Number: 20221006-5005.
    Comment Date: 5 p.m. ET 10/27/22.

    Docket Numbers: ER23-24-000.
    Applicants: Unitil Energy Systems, Inc.
    Description: Unitil Energy Systems, Inc. Notice of Termination of
Interim Distribution Wheeling Agreement with Briar Hydro Associates,
LP.
    Filed Date: 10/5/22.
    Accession Number: 20221005-5173.
    Comment Date: 5 p.m. ET 10/26/22.

    Docket Numbers: ER23-25-000.
    Applicants: Jackson Generation, LLC.
    Description: Jackson Generation, LLC Request a One-Time Limited
Waiver of the 90-day Notice Requirement Contained in Schedule 2 of the
PJM Tariff.
    Filed Date: 10/6/22.
    Accession Number: 20221006-5026.
    Comment Date: 5 p.m. ET 10/27/22.

    Docket Numbers: ER23-26-000.
    Applicants: American Transmission Company LLC, Midcontinent
Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: American Transmission
Company LLC submits tariff filing per 35.13(a)(2)(iii: 2022-10-06_SA
3909 ATC-City of Negaunee PCA (Irontown) to be effective 12/6/2022.

    Filed Date: 10/6/22.
    Accession Number: 20221006-5050.
    Comment Date: 5 p.m. ET 10/27/22.

    Docket Numbers: ER23-27-000.
    Applicants: New York Independent System Operator, Inc.
    Description: Tariff Amendment: Notice of Cancellation of EPCA SA
No. 2592 among NYISO, Roaring Brook, NYPA to be effective 12/6/2022.
    Filed Date: 10/6/22.
    Accession Number: 20221006-5052.
    Comment Date: 5 p.m. ET 10/27/22.

    Docket Numbers: ER23-28-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA/CSA, SA
Nos. 5562/5563; Queue No. AB2-032/AB2-153 to be effective 1/16/2020.
    Filed Date: 10/6/22.
    Accession Number: 20221006-5061.
    Comment Date: 5 p.m. ET 10/27/22.

    Docket Numbers: ER23-29-000.
    Applicants: Cargill Power Markets, LLC.
    Description: Tariff Amendment: Notice of Cancellation of MBR Tariff
to be effective 10/7/2022.
    Filed Date: 10/6/22.
    Accession Number: 20221006-5067.
    Comment Date: 5 p.m. ET 10/27/22.

    Docket Numbers: ER23-30-000.
    Applicants: Baron Winds LLC.
    Description: Baseline eTariff Filing: Application for Market Based
Rate Authority to be effective 12/5/2022.
    Filed Date: 10/6/22.
    Accession Number: 20221006-5132.
    Comment Date: 5 p.m. ET 10/27/22.

    Docket Numbers: ER23-31-000.
    Applicants: Pattersonville Solar Facility LLC.
    Description: Compliance filing: Notice of Succession and Revisions
to Market-Based Rate Tariff to be effective 10/7/2022.
    Filed Date: 10/6/22.
    Accession Number: 20221006-5133.
    Comment Date: 5 p.m. ET 10/27/22.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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 6, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-22228 Filed 10-12-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 219 (Wednesday, November 15, 2023)]
[Notices]
[Pages 78452-78453]
[FR Doc No: 2023-25112]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0023]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt nine individuals from
the hearing requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs) to operate a commercial motor vehicle (CMV) in interstate
commerce. The exemptions enable these hard of hearing and deaf
individuals to operate CMVs in interstate commerce.

DATES: The exemptions are applicable on November 3, 2023. The
exemptions expire on November 3, 2025.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room
W64-224, Washington, DC 20590-0001,<PHONE_NUMBER>,
[email protected]. Office hours are from 8:30 a.m. to 5 p.m. ET
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number (FMCSA-2023-0023) in the keyword box and click ``Search.'' Next,
sort the results by ``Posted (Older-Newer),'' choose the first notice
listed, and click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
in on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Dockets Operations.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption requests. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of
the submitter.

II. Background

    On September 27, 2023, FMCSA published a notice announcing receipt
of applications from nine individuals requesting an exemption from the
hearing requirement in 49 CFR 391.41(b)(11) to operate a CMV in
interstate commerce and requested comments from the public (88 FR
66551). The public comment period ended on October 27, 2023, and one
comment was received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting exemptions to these individuals would likely
achieve a level of safety that is equivalent to, or greater than, the
level that would be achieved by complying with Sec.  391.41(b)(11).
    The physical qualification standard for drivers regarding hearing
found in Sec.  391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing aid
(35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971),
respectively).

III. Discussion of Comments

    FMCSA received one comment in this proceeding. An individual
anonymously commented stating that it is better for the person to take
the hearing test with hearing aids in, rather than being exempt from
that section of the test. The Federal hearing exemption does not exempt
an individual from the hearing screening test during the physical
qualification examination. It exempts an individual from needing to
meet the requirement in 49 CFR 391.41(b)(11). FMCSA has evaluated each
individual listed in this notice and determined they demonstrated that
they do not pose a risk to public safety. Therefore, granting an
exemption from the hearing standard in Sec.  391.41(b)(11) to each of
the individuals listed in this notice would likely achieve a level of
safety equal to that existing without the exemption, consistent with
the applicable standard in 49 U.S.C. 31315(b)(1).

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-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 statutes also allow the Agency to renew exemptions at
the end of the 5-year period. However, FMCSA grants medical exemptions
from the FMCSRs for a 2-year period to align with the maximum duration
of a driver's medical certification.
    The Agency's decision regarding these exemption applications is
based on relevant scientific information and literature, and the 2008
Evidence Report, ``Executive Summary on Hearing, Vestibular Function
and Commercial Motor Driving Safety.'' The evidence report reached two
conclusions regarding the matter of hearing loss and CMV driver safety:
(1) no studies that examined the relationship between hearing loss and
crash risk exclusively among CMV drivers were identified; and (2)
evidence from studies of the private driver's license holder population
does not support the contention that individuals with hearing
impairment are at an increased risk for a crash. In addition, the
Agency reviewed each applicant's driving record found in the Commercial
Driver's License Information System, for commercial driver's license
(CDL) holders, and inspections recorded in the Motor Carrier Management
Information System. For non-CDL holders, the Agency reviewed the
driving records from the State Driver's Licensing Agency. Each
applicant's record demonstrated a safe driving history. Based on an
individual assessment of each applicant that focused on whether an
equal or greater level of safety would likely be achieved by permitting
each of these drivers to drive in interstate commerce, the Agency finds
the drivers granted this exemption have demonstrated that they do not
pose a risk to public safety.
    Consequently, FMCSA finds further that in each case exempting these
applicants from the hearing standard in Sec.  391.41(b)(11) would
likely achieve a level of safety equal to that existing

without the exemption, consistent with the applicable standard in 49
U.S.C. 31315(b)(1).

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and include the following: (1)
each driver must report any crashes or accidents as defined in Sec.
390.5T; (2) each driver must report all citations and convictions for
disqualifying offenses under 49 CFR parts 383 and 391 to FMCSA; and (3)
each driver is prohibited from operating a motorcoach or bus with
passengers in interstate commerce. The driver must also have a copy of
the exemption when driving, for presentation to a duly authorized
Federal, State, or local enforcement official. In addition, the
exemption does not exempt the individual from meeting the applicable
CDL testing requirements.

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the nine exemption applications, FMCSA
exempts the following drivers from the hearing standard; in Sec.
391.41(b)(11), subject to the requirements cited above:

Fred Dudley (TX)
Jonathan Garcia (AZ)
Juan Hernandez (TX)
Francisco Luna (TX)
Dylan Luttrell (MO)
Wanda Mack (FL)
Kevin Nadrowski (CT)
Kevin Prior (NH)
William Schoemig (UT)

    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (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
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136, 49
U.S.C. chapter 313, or the FMCSRs.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-25112 Filed 11-14-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 37 (Friday, February 23, 2018)]
[Notices]
[Page 8097]
[FR Doc No: 2018-03740]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4355-DR; Docket ID FEMA-2018-0001]

New Hampshire; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of New Hampshire (FEMA-4355-DR), dated January 2, 2018,
and related determinations.

DATES: This amendment was issued February 8, 2018.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of New Hampshire is hereby amended to include the
following area among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of January 2, 2018.

    Merrimack County for Public Assistance.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-03740 Filed 2-22-18; 8:45 am]
 BILLING CODE 9111-23-P


steering control as adjusted in S10.5 and the point of contact on the
dummy.
* * * * *
    S12.3.3 * * *
    (a) * * *
    (2) Fully recline the seat back, if adjustable. Place the dummy
into any passenger seat, such that when the legs are positioned 120
degrees to the thighs, the calves of the legs are not touching the seat
cushion.
* * * * *
    (4) Bench seats. Position the midsagittal plane of the dummy
vertical and parallel to the vehicle's longitudinal centerline and the
same distance from the vehicle's longitudinal centerline, within 10 mm (0.4 in), as the midsagittal plane of the
driver dummy, if there is a driver's seating position. Otherwise, the
midsagittal plane of any front outboard passenger dummy shall be
vertical, parallel to the vehicle's longitudinal centerline, and pass,
within 10 mm (0.4 in), through the seating
reference point of the seating that it occupies.
* * * * *
    11. Amend Sec.  571.216a by revising paragraphs S3.1(a)
introductory text and S7.1 to read as follows:

Sec.  571.216a  Standard No. 216a; Roof crush resistance; Upgraded
standard.

* * * * *
    S3.1 * * *
    (a) This standard applies to passenger cars, and to multipurpose
passenger vehicles, trucks with at least one designated seating
position, and buses with a GVWR of 4,536 kilograms (10,000 pounds) or
less, according to the implementation schedule specified in S8 and S9
of this section. However, it does not apply to--
* * * * *
    S7.1 Support the vehicle off its suspension and rigidly secure the
sills and the chassis frame (when applicable) of the vehicle on a rigid
horizontal surface(s) at a longitudinal attitude of 0 degrees 0.5 degrees. Measure the longitudinal vehicle attitude along both
the left and right front sill. Determine the lateral vehicle attitude
by measuring the vertical distance between a level surface and a
standard reference point on the bottom of the left and right front side
sills. The difference between the vertical distance measured on the
left front side and the right front side sills is not more than 10 mm. Close all windows, close and lock all doors, and close and
secure any moveable roof panel, moveable shade, or removable roof
structure in place over the occupant compartment. Remove roof racks or
other non-structural components. For a vehicle built on a chassis-cab
incomplete vehicle that has some portion of the added body structure
above the height of the incomplete vehicle, remove the entire added
body structure prior to testing (the vehicle's unloaded vehicle weight
as specified in S5 includes the weight of the added body structure).
* * * * *
0
12. Amend Sec.  571.225 by revising the definition of ``Shuttle bus''
in paragraph S3 to read as follows:

Sec.  571.225  Standard No. 225; Child restraint anchorage systems.

* * * * *
    S3. * * *
    Shuttle bus means a bus with only one row of forward-facing seating
positions rearward of the driver's seat or, for a vehicle without
manually-operated controls, means a bus with only one row of forward-
facing seating positions rearward of all front row passenger seats.
* * * * *
0
13. Amend Sec.  571.226 by:
0
a. Revising paragraph S2;
0
b. Removing from paragraph S3 the definition of ``Row''; and
0
c. Revising the definition of ``Modified roof'' in paragraph S3, and
paragraphs S4.2.2, S6.1(d) and S6.1(f).
    The revisions read as follows:

Sec.  571.226  Standard No. 226; Ejection Mitigation.

* * * * *
    S2. Application. This standard applies to passenger cars, and to
multipurpose passenger vehicles, trucks with at least one designated
seating position, and buses with a gross vehicle weight rating of 4,536
kg or less, except walk-in vans, modified roof vehicles and
convertibles. Also excluded from this standard are law enforcement
vehicles, correctional institution vehicles, taxis and limousines, if
they have a fixed security partition separating the 1st and 2nd or 2nd
and 3rd rows and if they are produced by more than one manufacturer or
are altered (within the meaning of 49 CFR 567.7).
    S3. * * *
* * * * *
    Modified roof means the replacement roof on a motor vehicle whose
original roof has been removed, in part or in total, or a roof that has
to be built over the occupant compartment in vehicles that did not have
an original roof over the occupant compartment.
* * * * *
    S4.2.2 Vehicles that have an ejection mitigation countermeasure
that deploys in the event of a rollover must have a monitoring system
with a readiness indicator. The indicator shall monitor its own
readiness and must be clearly visible from the driver's designated
seating position and clearly visible from any designated seating
position if no driver's seating position is occupied or present. The
same readiness indicator required by S4.5.2 of FMVSS No. 208 may be
used to meet the requirement. A list of the elements of the system
being monitored by the indicator shall be included with the information
furnished in accordance with S4.2.3.
* * * * *
    S6.1 * * *
    (d) Pitch: Measure the sill angle of the left front door sill and
mark where the angle is measured.
* * * * *
    (f) Support the vehicle off its suspension such that the left front
door sill angle is within 1 degree of that measured at the
marked area in S6.1(d) and the vertical height difference of the two
points marked in S6.1(e) is within 5 mm of the vertical
height difference determined in S6.1(e).
* * * * *

    Issued in Washington, DC, under authority delegated in 49 CFR
1.95 and 501.4.
James Clayton Owens,
Acting Administrator.
[FR Doc. 2020-05886 Filed 3-27-20; 8:45 am]
 BILLING CODE 4910-59-P