[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
[Rules and Regulations]
[Pages 20029-20032]
[FR Doc No: 2021-07897]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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Federal Register / Vol. 86, No. 72 / Friday, April 16, 2021 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0310; Project Identifier AD-2021-00269-A;
Amendment 39-21515; AD 2021-09-02]
RIN 2120-AA64

Airworthiness Directives; Piper Aircraft, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-04-07
which applied to certain Piper Aircraft, Inc., (Piper) Models PA-46-
350P (Malibu Mirage), PA-46R-350T (Malibu Matrix), and PA-46-500TP
(Malibu Meridian) airplanes. AD 2021-04-07 required identifying and
correcting nonconforming stall warning heat control systems. Since AD
2021-04-07 was issued, the FAA was notified of an error in the stall
warning heat control modification kit part number. This AD retains all
of the actions in AD 2021-04-07 and corrects the incorrect modification
kit part number. The FAA is issuing this AD to address the unsafe
condition on these products.

DATES: This AD is effective April 16, 2021.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of March
30, 2021 (86 FR 10770, February 23, 2021).
    The FAA must receive any comments on this AD by June 1, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, FL 32960; phone:
(772) 567-4361; email<EMAIL_ADDRESS>website: https://www.piper.com. You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2021-0310.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0310; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this final rule, any
comments received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: John Lee, Aviation Safety Engineer,
Atlanta ACO Branch, FAA, 1701 Columbia Avenue, College Park, GA 30337;
phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA issued AD 2021-04-07, Amendment 39-21428 (86 FR 10770,
February 23, 2021), (AD 2021-04-07), for certain Piper Models PA-46-
350P (Malibu Mirage), PA-46R-350T (Malibu Matrix), and PA-46-500TP
(Malibu Meridian) airplanes. AD 2021-04-07 required identifying and
correcting nonconforming stall warning heat control systems. AD 2021-
04-07 resulted from the finding of airplanes without the proper stall
warning heater modification design change. Without the proper stall
warning heat control modification kit, during flights into icing
conditions with the landing gear down, ice can form on the stall vane,
which may result in failure of the stall warning system. The FAA issued
AD 2021-04-07 to require identifying and correcting nonconforming stall
warning heat control systems, which, if not addressed, could result in
the pilot being unaware of an approaching stall situation.

Actions Since AD 2021-04-07 Was Issued

    Since the FAA issued AD 2021-04-07, Piper notified the FAA that
paragraph (g) of the AD incorrectly identifies the stall warning heat
control modification kit part number (P/N) as P/N 8452-002 instead of
P/N 88452-002. As there is no stall warning heat control modification
kit with P/N 8452-002, it is impossible for operators to comply with AD
2021-04-07 as written. This AD corrects the error.

FAA's Determination

    The FAA is issuing this AD because the agency determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Piper Service Letter No. 1261, dated July 19,
2019. This service information specifies procedures to identify and
correct nonconforming stall warning heat control systems. The intent of
this service letter is to ensure that wiring for the stall warning heat
control system meets current type design. This service information is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

Other Related Service Information

    The FAA reviewed Piper Mandatory Service Bulletin No. 1192, dated
September 15, 2008. This service bulletin is incorporated by reference
in AD 2008-26-11, Amendment 39-15777 (73 FR 78934, December 24, 2008),
which requires installing stall warning heat control modification kit
P/N 88452-002.

AD Requirements

    This AD requires accomplishing the actions specified in the service
information described previously,

except as discussed under ``Differences Between This AD and the Service
Information.''

Differences Between This AD and the Service Information

    This AD does not require the first step, which is identified as a
``required for compliance'' (RC) step, of Piper Service Letter No.
1261, dated July 19, 2019. The first step specifies reviewing the
aircraft records to determine whether the inspection of the stall
warning heat control configuration must be done. This AD does not
require a records review. Instead, all airplanes identified in the
applicability of this AD have to inspect the stall warning heat control
configuration.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    Since this action retains all of the requirements of AD 2021-04-07
and only corrects an obvious error in the stall warning heat control
modification kit part number, it is unlikely that the FAA will receive
any adverse comments or useful information about this AD from U.S.
operators. Accordingly, notice and opportunity for prior public comment
are unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for
the foregoing reasons, the FAA finds that good cause exists under 5
U.S.C. 553(d) for making this amendment effective in less than 30 days.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0310 and Project Identifier
AD-2021-00269-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to John
Lee, Aviation Safety Engineer, Atlanta ACO Branch, FAA, 1701 Columbia
Avenue, College Park, GA 30337. Any commentary that the FAA receives
which is not specifically designated as CBI will be placed in the
public docket for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 1,261 airplanes of U.S.
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspect stall warning heat control    1 work-hour x $85 per                $0              $85         $107,185
 system.                               hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary repairs
that will be required based on the results of the inspection. The FAA
has no way of determining the number of airplanes that might need these
repairs:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Install modification kit.....................  1.5 work-hours x $85 per hour =         $230.00          $357.50
                                                $127.50.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, General requirements.
Under

that section, Congress charges the FAA with promoting safe flight of
civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 2021-04-07, Amendment 39-21428 (86
FR 10770, February 23, 2021); and
0
b. Adding the following new airworthiness directive:

2021-09-02 Piper Aircraft, Inc.: Amendment 39-21515; Docket No. FAA-
2021-0310; Project Identifier AD-2021-00269-A.

(a) Effective Date

    This airworthiness directive (AD) is effective April 16, 2021.

(b) Affected ADs

    This AD replaces AD 2021-04-07, Amendment 39-21428 (86 FR 10770,
February 23, 2021).

(c) Applicability

    This AD applies to the following Piper Aircraft, Inc.,
airplanes, certificated in any category:
    (1) Model PA-46-350P (Malibu Mirage) airplanes, serial numbers
(S/Ns) 4622041, 4636041, 4636142, 4636143, 4636313, 4636341, and
4636379;
    (2) Model PA-46-500TP (Malibu Meridian) airplanes, S/Ns 4697141,
4697161, 4697086, and 4697020; and
    (3) Models PA-46-350P (Malibu Mirage), PA-46R-350T (Malibu
Matrix), and PA-46-500TP (Malibu Meridian) airplanes, all serial
numbers, if the left wing has been replaced with a serviceable (more
than zero hours time-in-service) wing.

(d) Subject

    Joint Aircraft System Component (JASC) Code 3700, VACUUM SYSTEM.

(e) Unsafe Condition

    This AD was prompted by nonconforming stall warning heat control
systems, utilizing a left wing assembly without the proper stall
warning modification design. Without the proper stall warning heat
control modification kit during flights into icing conditions with
the landing gear down, ice can form on the stall vane, which may
result in failure of the stall warning system. The FAA is issuing
this AD to identify and correct nonconforming stall warning heat
control systems. The unsafe condition, if not addressed, could
result in the pilot being unaware of an approaching stall situation.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Actions

    (1) Within 100 hours time-in-service (TIS) after the effective
date of this AD or within 12 months after the effective date of this
AD, whichever occurs first, inspect the configuration of the stall
warning heat control system and, if required, install stall warning
heat control modification kit part number (P/N) 88452-002 before
further flight in accordance with steps 2 and 3 of the Instructions
in Piper Aircraft, Inc., Service Letter No. 1261, dated July 19,
2019.
    (2) As of the effective date of this AD, do not install a wing
on any Model PA-46-350P (Malibu Mirage), PA-46R-350T (Malibu
Matrix), or PA-46-500TP (Malibu Meridian) airplane unless you have
determined that the wing has the correct stall warning heat control
system as required by paragraph (g)(1) of this AD.

(h) Special Flight Permit

    A special flight permit may be issued to operate the airplane to
a location where the requirements of this AD can be accomplished
provided flight into known icing conditions is prohibited.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta ACO Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in Related Information.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by Piper Aircraft, Inc. Organization Designation
Authorization (ODA) that has been authorized by the Manager, Atlanta
ACO Branch to make those findings. To be approved, the repair
method, modification deviation, or alteration deviation must meet
the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved for AD 2021-04-07 (86 FR 10770, February 23,
2021) are approved as AMOCs for the corresponding provisions of this
AD.
    (5) For service information that contains steps that are labeled
as Required for Compliance (RC), the following provisions apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. An AMOC is required for any deviations to RC steps,
including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(j) Related Information

    For more information about this AD, contact John Lee, Aviation
Safety Engineer, Atlanta ACO Branch, FAA, 1701 Columbia Avenue,
College Park, GA 30337; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on
March 30, 2021 (86 FR 10770, February 23, 2021).
    (i) Piper Service Letter No. 1261, dated July 19, 2019.
    (ii) [Reserved]
    (4) For Piper Aircraft, Inc. service information identified in
this AD, contact Piper Aircraft Inc., 2926 Piper Drive, Vero Beach,
FL 32960; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
website: https://www.piper.com/.
    (5) You may view this service information at the FAA,
Airworthiness Products Section,

Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.
    (6) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 13, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-07897 Filed 4-15-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 5 (Monday, January 9, 2023)]
[Notices]
[Page 1312]
[FR Doc No: 2023-00277]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:30 p.m. on Monday, January 9, 2023.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:

    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to examinations and enforcement
proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

Contact Person For More Information:  For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.
    Authority: 5 U.S.C. 552b.

    Dated: January 5, 2023.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2023-00277 Filed 1-5-23; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Notices]
[Page 81605]
[FR Doc No: 2010-32640]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM11-2-000]

Smart Grid Interoperability Standards; Notice of Technical
Conference

December 21, 2010.
    Take notice that the Federal Energy Regulatory Commission will hold
a Technical Conference on Monday, January 31, 2011 at the Commission's
headquarters at 888 First Street, Washington, DC 20426, beginning at 1
p.m. (EST) in the Commission Meeting Room. The technical conference
will be led by Commission staff. Commissioners may attend the
conference.
    The conference will be open for the public to attend and advance
registration is not required. The purpose of the technical conference
is to obtain further information to aid the Commission's determination
of whether there is ``sufficient consensus'' that the five families of
standards posted by the National Institute of Standards and Technology
and included in this proceeding are ready for Commission consideration
in a rulemaking proceeding, as directed by section 1305(d) of the
Energy Independence and Security Act of 2007.
    A subsequent notice will be issued by the Commission providing an
agenda of the conference. Information on this event will be posted on
the Calendar of Events on the Commission's Web site, http://www.ferc.gov, prior to the event. The conference will be Webcast.
Anyone with Internet access who desires to listen to this event can do
so by navigating to http://www.ferc.gov's Calendar of Events and
locating this event in the Calendar. The event will contain a link to
the webcast. The Capitol Connection provides technical support for
webcasts and offers the option of listening to the meeting via phone-
bridge for a fee. If you have any questions, visit http://www.CapitolConnection.org or call<PHONE_NUMBER>.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY); or send a Fax to<PHONE_NUMBER> with
the required accommodations.
    For more information on this conference, please contact Sandra
Waldstein at<EMAIL_ADDRESS>or<PHONE_NUMBER>, Ray Palmer at
<EMAIL_ADDRESS>or<PHONE_NUMBER>, or Annabelle Lee at
<EMAIL_ADDRESS>or<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-32640 Filed 12-27-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 208 (Tuesday, October 27, 2020)]
[Notices]
[Pages 68110-68111]
[FR Doc No: 2020-23749]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-1, OMB Control No. 3235-0007]

Submission for OMB Review; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-02736

Extension:
    Rule 13e-3 (Schedule 13E-3)

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.
    Rule 13e-3 (17 CFR 240.13e-3) and Schedule 13E-3 (17 CFR 240.13e-
100)--Rule 13e-3 prescribes the filing, disclosure and dissemination
requirements in connection with a going private transaction by an
issuer or an affiliate. Schedule 13E-3 provides shareholders and the
marketplace with material information concerning a going private
transaction. The information collected permits verification of
compliance with securities laws requirements and ensures the public
availability and dissemination of the collected information. This
information is made available to the public. Information provided on
Schedule 13E-3 is mandatory. We estimate that Schedule 13E-3 is filed
by approximately 77 issuers annually and it takes approximately 137.42
hours per response. We estimate that 25% of the 137.42 hours per
response is prepared by the filer for a total annual reporting

burden of 2,646 hours (34.36 hours per response x 77 responses).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
to (i) www.reginfo.gov/public/do/PRAMain and (ii) David Bottom,
Director/Chief Information Officer, Securities and Exchange Commission,
c/o Cynthia Roscoe, 100 F Street NE, Washington, DC 20549, or by
sending an email to<EMAIL_ADDRESS>    Dated: October 22, 2020.

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-23749 Filed 10-26-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Rules and Regulations]
[Pages 31455-31457]
[FR Doc No: 2017-14303]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0500]
RIN 1625-AA00

Safety Zone; Port Huron Blue Water Fest Fireworks, St. Clair
River, Port Huron, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 420-foot radius of a portion of the St. Clair
River, Port Huron, MI. This zone is necessary to protect spectators and
vessels from potential hazards associated with the Port Huron Blue
Water Fest Fireworks. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Detroit.

DATES: This temporary final rule is effective from 10 p.m. on July 20,
2017, through 10:20 p.m. on July 21, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0500 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Tracy Girard, Prevention Department,
Sector Detroit, Coast Guard; telephone<PHONE_NUMBER>, or email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b) (B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard did not receive the final details of this fireworks display
until there was insufficient time remaining before the event to publish
an NPRM.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making this temporary rule
effective less than 30 days after publication in the Federal Register.
For the same reasons discussed in the preceding paragraph, waiting for
a 30 day notice period to run would be impracticable.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Detroit (COTP) has determined that
potential hazard associated with fireworks from 10 p.m. to 10:20 p.m.
on July 20, 2017 will be a safety concern to anyone within a 420-foot
radius of the launch site. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone while the fireworks are being displayed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 p.m. through 10:20 p.m.
on July 20, 2017. In the event of inclement weather the regulated area
will be enforced from 10 p.m. through 10:20 p.m. on July 21, 2017. The
safety zone will encompass all U.S. navigable waters of the St. Clair
River, Port Huron, MI, within a 420-foot radius of position
42[deg]58.846' N., 082[deg]25.201' W. (NAD 83). No vessel or person
will be permitted to enter the safety zone without obtaining permission
from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771 (``Reducing
Regulation and Controlling Regulatory Costs''), directs agencies to
reduce regulation and control regulatory costs and provides that ``for
every one new regulation issued, at least two prior regulations be
identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.'' This
rule has not been designated a ``significant regulatory action,'' under
Executive Order 12866. Accordingly, it has not been reviewed by the
Office of Management and Budget.
    As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing

Section 2 of the Executive Order of January 30, 2017 titled `Reducing
Regulation and Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the St. Clair River from 10:00 p.m.
to 10:20 p.m. on July 20 or July 21, 2017. Moreover, the Coast Guard
will issue Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone and the rule allows vessels to seek permission to enter
the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for Federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a safety zone lasting less than thirty minutes that will
prohibit entry within 420-feet of the firework launch site. It is
categorically excluded under section 2.B.2, figure 2-1, paragraph 34(g)
of the Commandant Instruction. A Record of Environmental Consideration
(REC) supporting this determination is available in the docket where
indicated in the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T09-0500 to read as follows:

Sec.  165.T09-0500  Safety Zone; Port Huron Blue Water Fest Fireworks,
St. Clair River, Port Huron, MI.

    (a) Location. A safety zone is established to include all U.S.
navigable waters of the St. Clair River, Port Huron, MI within a 420-
foot radius of position 42[deg]58.846' N., 082[deg]25.201' W. (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph
(a) of this section will be enforced from 10 p.m. through 10:20 p.m. on
July 20, 2017. In the event of inclement weather, the regulated area
will be enforced from 10 p.m. through 10:20 p.m. on July 21, 2017.
    (c) Regulations. (1) No vessel or person may enter, transit
through, or anchor within the safety zone unless authorized by the
Captain of the Port Detroit, or his on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be

permitted by the Captain of the Port Detroit or his on-scene
representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Detroit is any Coast Guard commissioned, warrant, or petty officer or a
Federal, State, or local law enforcement officer designated by or
assisting the Captain of the Port Detroit to act on his behalf.
    (4) Vessel operators shall contact the Captain of the Port Detroit
or his on-scene representative to obtain permission to enter or operate
within the safety zone. The Captain of the Port Detroit or his on-scene
representative may be contacted via VHF Channel 16 or at<PHONE_NUMBER>.
Vessel operators given permission to enter or operate in the regulated
area must comply with all directions given to them by the Captain of
the Port Detroit or his on-scene representative.

    Dated: July 3, 2017.
J.W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2017-14303 Filed 7-6-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Notices]
[Pages 39741-39743]
[FR Doc No: 2016-14306]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78041]

Order Granting Limited and Conditional Exemption Under Section
36(a) of the Securities Exchange Act of 1934 From Compliance With
Interactive Data File Exhibit Requirement in Forms 6-K, 8-K, 10-Q, 10-
K, 20-F and 40-F To Facilitate Inline Filing of Tagged Financial Data

June 13, 2016.

I. Introduction

    Operating companies are required to provide their financial
statements accompanying their periodic and current reports in machine-
readable format using eXtensible Business Reporting Language (XBRL).
Companies currently provide this XBRL data as an exhibit to their
filings. Since these requirements were first adopted, technology has
evolved and now would allow filers to embed XBRL data directly into a
HyperText Markup Language (HTML) document through a format known as
Inline XBRL. The technology is freely licensed and made available by
XBRL International,\1\ and it is currently used by companies in other
jurisdictions for a variety of regulatory purposes.\2\
---------------------------------------------------------------------------

    \1\ See http://specifications.xbrl.org/spec-group-index-inline-xbrl.html.
    \2\ For example, in the United Kingdom, the ``accounts and
computations'' part of a ``Company Tax Return'' must be submitted to
HM Revenue and Customs using Inline XBRL. See http://www.hmrc.gov.uk/ct/ct-online/taxonomy.htm. Other examples include
Australia (http://asic.gov.au/about-asic/media-centre/find-a-media-release/2015-releases/15-104mr-asic-introduces-format-for-improved-communication-of-financial-information/); Japan (https://www.xbrl.org/the-standard/why/who-else-uses-xbrl/); Denmark (https://www.xbrl.org/the-standard/why/who-else-uses-xbrl/); and Ireland
(http://www.revenue.ie/en/online/ros/ixbrl/index.html). We note that
the specific disclosure regimes in these countries differ from that
in the U.S.
---------------------------------------------------------------------------

    We believe that filing financial statements with Inline XBRL has
the potential to provide a number of benefits to filers and users of
the information. For example, Inline XBRL could decrease filing
preparation costs, improve the quality of structured data, and by
improving data quality, increase the use of XBRL data by investors and
other market participants. Consequently, as a means of further
assessing the usefulness of Inline XBRL, we are exercising our
authority under Section 36(a) of the Securities Exchange Act of 1934
(Exchange Act) to permit, but not require, operating companies to use
Inline XBRL in their periodic and current reports under the Exchange
Act through March 2020. Additionally, permitting companies to use
Inline XBRL on a voluntary, time-limited basis could facilitate the
development of Inline XBRL preparation and analysis tools, provide
investors and companies with the opportunity to evaluate its
usefulness, and help inform any future Commission rulemaking in this
area.

II. Discussion

    Information is ``structured'' when it is made machine-readable by
labeling (or ``tagging'') the information using a markup language, such
as XBRL, that can be processed by software for analysis. Structured
information can be stored, shared, and presented in different systems
or platforms. Companies currently use information systems that
accommodate and rely upon structured information.
    Standardized markup languages, such as XBRL, use sets of tags,
referred to as taxonomies. Taxonomies provide common definitions that
represent

agreed-upon information about reporting standards, such as U.S. GAAP
for accounting-based disclosures. The resulting standardization of
financial reporting allows for aggregation, comparison, and large-scale
statistical analysis of reported financial information through
significantly more automated means than is possible with other formats,
such as HTML.
    Structured financial statement information is currently required to
be submitted in an ``Interactive Data File'' exhibit to certain
forms.\3\ These forms are prepared in either HTML or (less commonly)
American Standard Code for Information Interchange (ASCII) electronic
formats. The form as prepared in these formats is called the ``Related
Official Filing.'' The Interactive Data File currently consists of an
``instance document'' and other documents as described in the EDGAR
Filer Manual. For the purposes of this order, we use ``instance
document'' to describe that part of the Interactive Data File that
contains the XBRL tags for the information contained in the
corresponding data in the Related Official Filing to satisfy the
content and format requirements in 17 CFR 232.405. The other documents
in the Interactive Data File contain contextual information about the
XBRL tags.
---------------------------------------------------------------------------

    \3\ See 17 CFR 232.405; see also 17 CFR 229.601(b)(101).
---------------------------------------------------------------------------

    Companies often create XBRL exhibits by first preparing their
financial statements in a word processing application and then
converting it to another format, such as HTML. Filers then create an
XBRL exhibit by copying the financial statement information and tagging
it in XBRL. In this way, preparers essentially tag a copy of the data
contained in their HTML filings in a separate document, which requires
them to expend resources to create and tag a copy of the data and
verify the consistency of tagged data across documents.
    Errors sometimes appear in financial statement information
submitted in XBRL that affect the quality of the data and its potential
use by the public and the Commission. For example, Commission staff has
identified several recurring issues with XBRL submissions, including
errors related to the characterization of a number as negative when it
is positive, incorrect scaling of a number (e.g., in billions rather
than in millions), unnecessary custom tags (such as to achieve a
particular presentation), incomplete tagging (e.g., a failure to tag
numbers in parentheses), and missing calculations that show
relationships between data (e.g., how adding cost of revenue to gross
profit equals revenue and subtracting cost of revenue from revenue
equals gross profit).\4\ While these data quality issues may have
multiple potential causes, we believe that some of these errors may
result from the submission of XBRL tagged information as an exhibit
separate from the Related Official Filing.
---------------------------------------------------------------------------

    \4\ See, e.g., Staff Observations of Custom Tag Rates (July 7,
2014), available at http://www.sec.gov/dera/reportspubs/assessment-custom-tag-rates-xbrl.html; Staff Observations from the Review of
Interactive Data Financial Statements (December 13, 2011), available
at http://www.sec.gov/spotlight/xbrl/staff-review-observations-121311.shtml.
---------------------------------------------------------------------------

    Embedding XBRL data in an HTML document (which we refer to together
as the ``Inline XBRL document'') rather than tagging data in a separate
instance document may increase the efficiency and effectiveness of the
filing preparation and review process and, by saving time and effort
spent on the these processes, may, over time, reduce the cost of
compliance with XBRL requirements.\5\ In particular, Inline XBRL makes
it possible for preparers to view XBRL meta data \6\ within the HTML
document. By facilitating the review of XBRL data, we believe that
Inline XBRL could decrease the overall time required to comply with the
XBRL data filing requirement and may better equip preparers to detect
and correct XBRL data errors.
---------------------------------------------------------------------------

    \5\ Embedding XBRL data in the HTML filing could create some
confusion about the operation of current accuracy requirements, such
as in Rule 405(c)(1). That rule requires ``[e]ach data element . . .
contained in the Interactive Data File [to reflect] the same
information in the corresponding data in the Related Official
Filing.'' Although the Inline XBRL document will contain XBRL data
that is currently presented in the Interactive Data File, that data
must still accurately reflect the corresponding information in the
HTML format portion of the filing. See condition (c) below.
    \6\ Such meta data include, for example, definitions, reporting
period information, data type, and related references.
---------------------------------------------------------------------------

    Permitting filing in Inline XBRL is intended to improve XBRL data
quality. In particular, the elimination of a separate instance document
should reduce the incidence of re-keying errors. Additionally, Inline
XBRL might eliminate unnecessary or inappropriate custom tags intended
to make XBRL data look similar to an HTML document when ``rendered'' by
software into a human-readable presentation. With Inline XBRL,
companies would have less of an incentive to create custom tags solely
to mimic the appearance of an HTML filing. To the extent that
permitting filing using Inline XBRL might improve data quality, it may
contribute to wider use of XBRL data by market participants and may
enhance the benefits that are associated with XBRL more generally.
    In light of the potential benefits from using Inline XBRL, we are
initiating a voluntary, time-limited program to assess the usefulness
of this new filing format. This voluntary program also may facilitate
the development of technological tools to support the potential further
use of Inline XBRL in the future.
    We note that, with the acceptance of Inline XBRL filings under this
program, XBRL data users, such as investors, analysts, filers, and data
aggregators, may need to modify their software or algorithms to be able
to extract the XBRL data. We believe, however, that such adjustments
will be minimal because the voluntary Inline XBRL program will not
affect the taxonomy or the scope of the information required to be
tagged. In addition, the Commission has incorporated tools into the
EDGAR system that will enable users to view information about the
reported XBRL data contained in embedded tags on the Commission's Web
site, using any recent standard Internet browser, without the need to
access a separate document. With this feature, when a user views a
filing submitted with Inline XBRL on EDGAR, the user will be able to
see tags and the related meta data while viewing the HTML filing.
Software enabling this feature will also be made freely available to
the public in an effort to facilitate the creation of cost effective
Inline XBRL viewers and analytical products. We also plan to make
freely available software for Inline XBRL extraction, which may further
mitigate potential effects on XBRL data users. Additionally, the EDGAR
system will, for the duration of the voluntary program, extract and
make available the XBRL tags from an Inline XBRL document as a separate
file, enabling current software to continue automated processing of
XBRL data with minimal changes to existing processes.
    We also note that permitting filing using Inline XBRL may result in
changes that affect those filers choosing to use Inline XBRL.
Currently, when there is a major technical error with XBRL data
submitted in an exhibit, the EDGAR validation system causes the exhibit
to be removed from the submission, but the submission as a whole is not
suspended. With Inline XBRL, the EDGAR validation system will suspend
an Inline XBRL filing that contains a major technical error in embedded
XBRL data, which would require the filing to be revised before it could
be accepted by EDGAR. Based on staff observations, very few XBRL
exhibits are suspended, in part, because

companies and preparers routinely use tools the Commission makes
available to submit test filings to help identify and correct technical
errors prior to EDGAR filing. Similar tools to submit test filings will
be available to those filers choosing to file in Inline XBRL. Because
we expect that Inline XBRL filers would utilize available tools to
submit test filings to identify and correct any technical errors prior
to EDGAR filing, we believe that such suspensions should be similarly
rare for Inline XBRL filers.

III. Conclusion

    Based on the foregoing, we find it is appropriate in the public
interest and consistent with the protection of investors to grant
companies that choose to use Inline XBRL when filing financial
statements in their Exchange Act periodic and current reports a time-
limited and conditional exemption from certain requirements of the
Interactive Data File exhibit.
    Accordingly, it is hereby ordered pursuant to Section 36(a) of the
Exchange Act that any company that complies with each of the conditions
below is exempt from the requirement to submit an instance document as
described in this order as part of its Interactive Data File exhibit
with Forms 6-K, 8-K, 10-Q, 10-K, 20-F and 40-F for reports due before
March 30, 2020.

Conditions

    The company must
    (a) file an Inline XBRL document as prescribed in the EDGAR Filer
Manual;
    (b) file the Interactive Data File as prescribed in the EDGAR Filer
Manual for Inline XBRL filers as an exhibit to the Inline XBRL
document;
    (c) use XBRL tags within the Inline XBRL document that reflect the
same information in the corresponding data as the HTML format part of
the official filing;
    (d) state in the exhibit index item referencing the Interactive
Data File that the instance document does not appear in the Interactive
Data File because its XBRL tags are embedded within the Inline XBRL
document;
    (e) not file in plain text ASCII; and
    (f) not rely on the hardship exemptions in Rules 201 and 202 of
Regulation S-T.

    By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2016-14306 Filed 6-16-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Rules and Regulations]
[Pages 11131-11133]
[FR Doc No: 2021-03267]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[EPA-R08-OAR-2020-0722; FRL-10019-27-Region 8]

Full Approval of Revised Clean Air Act Operating Permit Program;
North Dakota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: With this direct final rule, the Environmental Protection
Agency (EPA or the ``Agency'') is promulgating full approval of the
revised and recodified North Dakota operating permit program for
stationary sources subject to title V of the Clean Air Act (CAA or the
``Act''). On August 6, 2018, North Dakota submitted a request for
approval of its revisions to the North Dakota operating permit program
(the ``title V program'') for stationary sources subject to title V of
the CAA and recodification of the State's title V program under a new
title of the North Dakota Administrative Code (NDAC). The EPA
determined that the revised and recodified program substantially met
the requirements of title V of the Act and Code of Federal Regulations
(CFR) but was not fully approvable because the State law provisions for
judicial review were not consistent with program requirements found in
the CFR. Thus, EPA issued an interim approval of North Dakota's title V
program. North Dakota has made the changes required for full program
approval. Accordingly, the EPA is taking this action in accordance with
the CAA and CFR title V program

approval requirements. This is a direct final action because the action
is deemed noncontroversial and we do not expect adverse comments.

DATES: This direct final rule is effective on April 26, 2021 without
further notice, unless the EPA receives adverse written comments on or
before March 26, 2021. If adverse comments are received, the EPA will
publish a timely withdrawal of the direct final rule in the Federal
Register informing the public that the rule will not take effect.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2020-0722. All documents in the docket are
listed in the www.regulations.gov index. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available
electronically in www.regulations.gov. To reduce the risk of COVID-19
transmission, for this action we do not plan to offer hard copy review
of the docket. Please email or call the person listed in the FOR
FURTHER INFORMATION CONTACT section if you need to make alternative
arrangements for access to the docket.

FOR FURTHER INFORMATION CONTACT: Gregory Lohrke, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD, 1595 Wynkoop Street, Denver,
Colorado 80202-1129,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Why is EPA using a direct final rule?

    The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial action and anticipates no
adverse comments. However, in the Proposed Rules section of today's
Federal Register publication, the EPA is publishing a separate document
that will serve as the proposal to fully approve North Dakota's title V
program revisions if relevant adverse comments are filed.
    If the EPA receives adverse comments, the EPA will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. The EPA will address all public
comments in a subsequent final rule based on the proposed rule. The EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time.

II. Background

    Title V of the CAA as amended (42 U.S.C. 7401 et seq.) directs
states to develop, and submit to the EPA, programs for issuing
operating permits to all major stationary sources and to certain other
sources.\1\ As required under title V, the EPA has promulgated
regulations establishing the minimum elements of an approvable state
title V program and defined the corresponding procedures by which the
EPA will approve, oversee and, when necessary, withdraw approval of a
state title V program.\2\ After review of the state's initial program
submittal, the EPA may alternatively grant interim approval of a
program which substantially meets the requirements of title V and part
70 but which is not fully approvable. In the case of such an interim
approval, the EPA will specify the changes that must be made before the
program can receive full approval and the state shall resubmit the
modified program before expiration of the interim approval.\3\
---------------------------------------------------------------------------

    \1\ 42 U.S.C. 7661a.
    \2\ 40 CFR part 70.
    \3\ 42 U.S.C. 7661a(g); 40 CFR 70.4(e), (f), (i).
---------------------------------------------------------------------------

    North Dakota first received interim approval of its title V program
effective August 7, 1995 (60 FR 35335). North Dakota's program later
received final, full approval effective on August 16, 1999 (64 FR
32433). On August 6, 2018, the State of North Dakota submitted to the
EPA a formal request for approval of title V program recodifications
and revisions made to facilitate the transfer of permitting authority
from the North Dakota Department of Health (NDDH) to a newly
established North Dakota Department of Environmental Quality
(NDDEQ).\4\ During North Dakota's review of the NDAC for recodification
and submittal to the EPA for approval, North Dakota found limitations
in state law provisions for judicial review in state courts.
Accordingly, the Attorney General's Opinion that accompanied North
Dakota's submission explained those limitations and committed to submit
an addendum to the Opinion when the State adopted rules consistent with
the full judicial review requirements in 40 CFR 70.4(b)(3)(x)-(xii).\5\
After review, the EPA found that the recodified and revised program
substantially met the minimum requirements of the CAA and part 70, but
that the EPA could not fully approve the program transfer until the
State revised its rules to provide the full legal authority necessary
for judicial review.\6\ Accordingly, the EPA promulgated an interim
approval of North Dakota's title V program transfer effective March 15,
2019. EPA stated that interim approval would expire on March 19, 2020,
and required the State to submit changes to the program addressing the
judicial review deficiencies no later than six months prior to the
expiration of the interim approval.\7\ A subsequent action delayed the
interim approval's effective date to April 30, 2019, which then delayed
the expiration date to May 1, 2020.\8\ Accordingly, North Dakota's
program revisions addressing the judicial review deficiencies were due
no later than November 1, 2019.
---------------------------------------------------------------------------

    \4\ 83 FR 53532 (Oct. 30, 2018).
    \5\ Id. at 54535.
    \6\ 84 FR 3108, 3109 (Feb. 11, 2019).
    \7\ Id.
    \8\ 84 FR 8260; see also 40 CFR part 70, appendix A.
---------------------------------------------------------------------------

III. State Submittal

    In our action granting interim approval of North Dakota's title V
program transfer, the EPA concluded that North Dakota's title V program
transfer was not fully approvable due to a lack of full authority
required for judicial review.\9\ The EPA explained that interim
approval would allow North Dakota to make minor revisions to NDAC
section 33.1-15-14-06.8 and update the State Attorney General's Opinion
to reflect revised legal authorities.\10\ The EPA received an Addendum,
dated December 12, 2018, to the August 16, 2018 State Attorney
General's Opinion Operating Permits Program (August 16, 2018 Opinion),
which states that the regulations regarding petitions for judicial
review identified in the August 16, 2018 Opinion ``have been lawfully
adopted and shall be fully effective by the time the program is
approved.'' \11\ The State of North Dakota also submitted clean and
redlined copies of the revised NDAC section 33.1-15-14-06.8 with the
December 12, 2018 Addendum to the Opinion, which are available in the
docket for this action. The revisions to NDAC section 33.1-15-14-06.8
became effective on January 1, 2019.\12\
---------------------------------------------------------------------------

    \9\ 83 FR 54536.
    \10\ Id.
    \11\ Margaret I. Olson, Assistant Attorney General, Addendum to
August 16, 2018 Attorney General's Opinion Operating Permits
Program, December 12, 2018.
    \12\ North Dakota Administrative Code, Supplement 371, January
2019, https://www.legis.nd.gov/agency-rules/administrative-rules-supplement (last visited November 30, 2020).
---------------------------------------------------------------------------

IV. Final Action

    The December 12, 2018 Addendum to North Dakota's Attorney General's
Opinion, together with the August 16,

2018 Opinion, affirm that the State revised the title V program
provisions for judicial review as codified in NDAC section 33.1-15-14-
6.8, effective as amended January 1, 2019. Therefore, North Dakota
timely submitted revisions to address the deficiencies identified in
our interim approval action within six months prior to the interim
approval's expiration. Accordingly, the EPA finds that the North Dakota
title V program fulfills all criteria for full final approval of the
transfer. The EPA is now acting to fully approve the North Dakota title
V program under 40 CFR part 70 and CAA section 502.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a state
title V program submittal that complies with the provisions of the Act
and applicable federal regulations. 42 U.S.C. 7661a(d); 40 CFR 70.1(c),
70.4(i). Thus, in reviewing title V program submittals, the EPA's role
is to approve state choices, provided they meet the criteria of the CAA
and the criteria, standards and procedures defined in 40 CFR part 70.
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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because Operating Permits Program approvals are
exempted under Executive Order 12866;
     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 (Public Law 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 action is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    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).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 26, 2021. 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 may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 70

    Environmental protection, Air pollution control, Intergovernmental
relations, Title V.

    Dated: February 11, 2021.
Debra Thomas,
Acting Regional Administrator, Region 8.
    40 CFR part 70 is amended as follows:

PART 70--STATE OPERATING PERMIT PROGRAMS

0
1. The authority citation for part 70 continues to read as follows:

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

0
2. In appendix A to part 70 the entry for ``North Dakota'' is amended
by revising paragraph (d) to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs

* * * * *

North Dakota

* * * * *
    (d) The State of North Dakota submitted on August 6, 2018,
operating permit program revisions and a request to transfer
authority to implement and enforce the operating permit program from
the North Dakota Department of Health to the North Dakota Department
of Environmental Quality. The recodified North Dakota title V
operating permits program is codified in N.D. Admin. Code sections
33.1-15-14-06, 33.1-15-23-04, and 33.1-15-21. North Dakota also
submitted on August 16, 2018 the, ``Attorney General's Opinion
Operating Permits Program,'' which was supplemented on December 12,
2018, with an ``Addendum to August 16, 2018 Attorney General's
Opinion Operating Permits Program,'' stating that the laws of the
State provide adequate legal authority to carry out all aspects of
the program. North Dakota also submitted revisions to state law
effective January 1, 2019; full approval effective on April 26,
2021.
* * * * *
[FR Doc. 2021-03267 Filed 2-23-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 245 (Thursday, December 20, 2012)]
[Rules and Regulations]
[Pages 75386-75388]
[FR Doc No: 2012-30103]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0444; FRL-9760-9]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Fredericksburg 8-Hour Ozone Maintenance Area Revision to
Approved Motor Vehicle Emissions Budgets

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

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

SUMMARY: This document corrects an error in the rule language of a
final rule pertaining to EPA's approval of the revised motor vehicle
emissions budgets (MVEBs) for the Fredericksburg 8-Hour Ozone
Maintenance Area (Fredericksburg Area). The previous rulemaking updated
the 2009 and 2015 MVEBs using EPA's Motor Vehicle Emissions Simulator
emissions model (MOVES2010a).

DATES: This correcting amendment is effective December 20, 2012 and is
applicable beginning November 28, 2012.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On October 29, 2012 (77 FR 65490), EPA
published a final rulemaking action announcing approval of updated
MVEBs for the Fredericksburg Area. The document inadvertently removed
historical information in section 52.2420(e) concerning the underlying
8-Hour Ozone Maintenance Plan for the Fredericksburg Area. The document
also listed incorrect emissions budgets in section 52.2424(c) for the
Fredericksburg Area. This action corrects these oversights.
    Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. We have determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because we are merely correcting
an incorrect citation in a previous action. Thus, notice and public
procedure are unnecessary. We find that this constitutes good cause
under 5 U.S.C. 553(b)(3)(B).

Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
this action is not a significant regulatory action and is therefore not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 Fed. Reg. 28355 (May 22, 2001)).
Because the agency has made a good cause finding that this action is
not subject to notice-and-comment requirements under the Administrative
Procedures Act or any other statute as indicated in the Supplementary
Information section above, it is not subject to the regulatory
flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601
et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform
Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not
significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of UMRA. This rule also does not have a substantial direct effect
on one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor
will it have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
governments, as specified by Executive Order 13132 (64 FR 43255, August
10, 1999). This rule also is not subject to Executive Order 13045 (62
FR 19885, April 23, 1997), because it is not economically significant.
This technical correction action does not involve technical standards;
thus the requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
The rule also does not involve special consideration of environmental
justice related issues as required by Executive Order 12898 (59 FR
7629, February 16, 1994). In issuing this rule, EPA has taken the
necessary steps to eliminate drafting errors and ambiguity, minimize
potential litigation, and provide a clear legal standard for affected
conduct, as required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996). EPA has complied with Executive Order 12630 (53 FR
8859, March 15, 1998) by examining the takings implications of the rule
in accordance with the Attorney General's Supplemental Guidelines for
the Evaluation of Risk and Avoidance of Unanticipated Takings issued
under the executive order. This rule does not impose an information
collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
    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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA had made such a good cause finding, including
the reasons therefore, and established an effective date of November
28, 2012. EPA will submit a report containing this rule 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. This correction to
40 CFR 52.2424 for the Commonwealth of Virginia is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Accordingly, in 40 CFR part 52, the following correcting amendments
are made:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for 40 CFR part 52 continues to read as
follows:

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

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (e) is amended by revising
the entry for the 8-Hour Ozone Maintenance Plan for the Fredericksburg
Area to read as follows:

Sec.  52.2420  Identification of plan.

* * * * *
    (e) EPA-approved nonregulatory and quasi-regulatory material.

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

                                                  * * * * * * *
8-Hour Ozone Maintenance Plan for  City of                      5/4/05  12/23/05, 70 FR
 the Fredericksburg Area.           Fredericksburg,                      76165.
                                    Spotsylvania
                                    County, and
                                    Stafford County.
                                   ...................         9/26/11  12/20/12 [Insert     Revised 2009 and
                                                                         page number where    2015 motor vehicle
                                                                         the document         emission budgets
                                                                         begins].             for NOX.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
3. Section 52.2424 paragraph (c) is revised to read as follows:

Sec.  52.2424  Motor vehicle emissions budgets.

* * * * *
    (c) EPA approves the following revised 2009 and 2015 motor vehicle
emissions budgets (MVEBs) for the Fredericksburg 8-Hour Ozone
Maintenance Area submitted by the Virginia Department of Environmental
Quality (VADEQ) on September 26, 2011:

------------------------------------------------------------------------
                                                           Tons per day
       Applicable geographic area              Year          (TPD) NOX
------------------------------------------------------------------------
Fredericksburg Area (Spotsylvania and               2009          19.615
 Stafford Counties and City of
 Fredericksburg)........................
Fredericksburg Area (Spotsylvania and               2015          12.933
 Stafford Counties and City of
 Fredericksburg)........................
------------------------------------------------------------------------

    Dated: November 27, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012-30103 Filed 12-19-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)] [Notices] [Pages 52872-52873] [FR Doc No: 2018-22707]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0235]

Hours of Service of Drivers: Wolfe House Movers, LLC and Wolfe

House Movers of Indiana, LLC; Application for Exemption

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

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA announces that it has received a joint application from

Wolfe House Movers, LLC and Wolfe House Movers of Indiana, LLC (Wolfe)

requesting an exemption from the hours-of-service (HOS) regulations for

drivers operating commercial motor vehicles (CMV) that transport steel

beams and dollies to and from various job sites for lifting and moving

buildings. Wolfe requests an exemption to use the 70-hour/8-day rule

for its CMV operations although the company does not operate CMVs 7

days a week. FMCSA requests public comment on this application for

exemption.

DATES: Comments must be received on or before November 19, 2018.

ADDRESSES: You may submit comments identified by Federal Docket

Management System Number FMCSA-2018-0235 by any of the following

methods:

     Federal eRulemaking Portal: www.regulations.gov. See the

Public Participation and Request for Comments section below for further

information.

     Mail: Docket Management Facility, U.S. Department of

Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,

Room W12-140, Washington, DC 20590-0001.

     Hand Delivery or Courier: West Building, Ground Floor,

Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.

E.T., Monday through Friday, except Federal holidays.

     Fax: 1-202-493-2251.

    Each submission must include the Agency name and the docket number

for this notice. Note that DOT posts all comments received without

change to www.regulations.gov, including any personal information

included in a comment. Please see the Privacy Act heading below.

    Docket: For access to the docket to read background documents or

comments, go to www.regulations.gov at any time or visit 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., ET, Monday through Friday,

except Federal holidays. The on-line FDMS is available 24 hours each

day, 365 days each year.

    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits

comments from the public to better inform its rulemaking process. 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 FDMS), which can be reviewed at

www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this

notice, please contact Ms. Pearlie Robinson, FMCSA Driver and Carrier

Operations Division; Telephone:<PHONE_NUMBER>; Email: [email protected].

If you have questions on viewing or submitting material to the docket,

contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and

related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this

notice (FMCSA-2018-0235), indicate the specific section of this

document to which the comment applies, and provide a reason for

suggestions or recommendations. You may submit your comments and

material online or by fax, mail, or hand delivery, but please use only

one of these means. FMCSA recommends that you include your name and a

mailing address, an email address, or a phone number in the body of

your document so the Agency can contact you if it has questions

regarding your submission.

    To submit your comment online, go to www.regulations.gov and put

the docket number, ``FMCSA-2018-0235'' in the ``Keyword'' box, and

click ``Search.'' When the new screen appears, click on ``Comment

Now!'' button and type your comment into the text box in the following

screen. Choose whether you are submitting your comment as an individual

or on behalf of a third party and then submit. If you submit your

comments by mail or hand delivery, submit them in an unbound format, no

larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. If you submit comments by mail and would

like to know that they reached the facility, please enclose a stamped,

self-addressed postcard or envelope. FMCSA will consider all comments

and material received during the comment period and may grant or not

grant this application based on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant

exemptions from certain Federal Motor Carrier Safety Regulations

(FMCSRs). FMCSA must publish a notice of each exemption request in the

Federal Register (49 CFR 381.315(a)). The Agency must provide the

public an opportunity to inspect the information relevant to the

application, including any safety analyses that have been conducted.

The Agency must also provide an opportunity for public comment on the

request.

    The Agency reviews safety analyses and public comments submitted,

and determines whether granting the exemption would likely achieve a

level of safety equivalent to, or greater than, the level that would be

achieved by the current regulation (49 CFR 381.305). The decision of

the Agency must be published in the Federal Register (49 CFR

381.315(b)) with the reasons for denying or granting the application

and, if granted, the name of the person or class of persons receiving

the exemption, and the regulatory provision from which the exemption is

granted. The notice must also specify the effective period (up to 5

years) and explain the terms and conditions of the exemption. The

exemption may be renewed (49 CFR 381.300(b)).

III. Request for Exemption

    Wolfe House Movers, LLC (USDOT 1279267), and Wolfe House Movers of

Indiana, LLC (USDOT 1679025) (Wolfe) seek an exemption from the HOS

requirements of 49 CFR 395.3(b)(1) which prohibits a motor carrier from

permitting or requiring a driver to drive a property-carrying CMV after

the driver has been on duty 60 hours within a period of 7 consecutive

days if the employing motor carrier does not operate CMVs every day of

the week. Wolfe does not operate CMVs every day of the week and is

prohibited from using the 70-hour/8-day rule in 49 CFR 395.3(b)(2) for

its business operations.

    According to Wolfe, its primary line of business is lifting and

moving buildings. Drivers employed by Wolfe transport steel beams and

dollies to and from various jobsites where work is performed. Wolfe

advises that its owners believe that Sunday is a day of rest and

worship and refuse any business opportunities that would require Sunday

work.

    Because Wolfe does not conduct business on Sunday, its commericial

business operations are subject to the 60-hours-in-7-day rule set forth

in 49 CFR 395.3(b)(1). Due to the geographical spread of its

operations, Wolfe asserts that the 60 hour limitation is a substantial

burden. Wolfe explained in its application that the company attempts to

schedule work so that all crews can be at their home terminal before

the 60th on-duty hour of the week. However, weather, traffic, or

jobsite conditions sometimes delay completion of projects causing crews

to be stranded one or two hours' drive from the home terminal. When

delays occur relief drivers are sent in non-commercial vehicles to pick

up stranded drivers so that the drivers who have run out of hours can

drive back to the home terminal using the non-commercial vehicles while

the relief drivers return the CMVs to the terminal.

    Wolfe reports that it is a small company and it is difficult to

have relief drivers available on short notice and it is unproductive

and costly for the company. Wolfe asserts that the stress and pressure

associated with approaching the 60-hour cut-off is likely to have a

detrimental effect on the safety performance of even well-trained and

well-qualified drivers.

    According to Wolfe, allowing it to use the 70-hour/8-day HOS

ruleset for all drivers not operating CMVs on Sundays would provide the

following significant safety benefits:

     The need for relief drivers would be significantly reduced

or completely eliminated. This would result in fewer on-road miles

driven (by eliminating the need for a relief driver to drive up to 100

miles out to pick up the CMV and for the regular driver to drive the

non-CMV back the same 100 miles). This would also mean that the CMV

would continue to be driven by the driver most familiar with it, rather

than a part-time driver.

     Drivers would be less stressed, knowing that they have

sufficient time to complete their weekly schedule even if they are

delayed by heavy traffic, weather conditions, etc.

    A copy of Wolfe'ss application for exemption is available for

review in the docket for this notice.

    Issued on: October 12, 2018.

 Larry W. Minor,

Associate Administrator for Policy.

[FR Doc. 2018-22707 Filed 10-17-18; 8:45 am]

 BILLING CODE 4910-EX-P