[Federal Register: September 15, 2010 (Volume 75, Number 178)]
[Notices]
[Page 56085]
[DOCID:fr15se10-57]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR10-91-000; Docket No. PR10-92-000; Docket No. PR10-93-
000; Docket No. PR10-94-000; Docket No. PR10-95-000; Docket No. PR10-
97-000; Docket No. PR10-99-000; Docket No. PR10-100-000; Docket No.
PR10-101-000; Docket No. PR10-102-000; (Not Consolidated)]

Michigan Consolidated Gas Company; Enterprise Texas Pipeline LLC;
Enogex LLC; Public Service Company of Colorado; Enogex LLC; Enstor
Grama Ridge Storage and Transportation, LLC; American Midstream
(Alabama Intrastate), LLC; American Midstream (Louisiana Intrastate),
LLC; Enstor Katy Storage and Transportation, L.P.; Hattiesburg
Industrial Gas Sales, L.L.C.; Notice of Baseline Filings

September 8, 2010.
    Take notice that on August 27, 2010, August 30, 2010, August 31,
2010, September 1, 2010, September 2, 2010, and September 3, 2010
respectively the applicants listed above submitted their baseline
filing of its Statement of Operating Conditions for services provided
under section 311 of the Natural Gas Policy Act of 1978 (NGPA).
    Any person desiring to participate in this rate proceeding must
file a motion to intervene or to protest this filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern time on Wednesday, September 15, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-22941 Filed 9-14-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Notices]
[Page 13589]
[FR Doc No: 2012-5539]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL12-39-000]

Seminole Electric Cooperative, Inc. and Florida Municipal Power
Agency v. Florida Power Corporation; Notice of Complaint

    Take notice that on February 29, 2012, pursuant to sections 206,
306, and 309 of the Federal Power Act (FPA), 16 U.S.C. 824e, 825e, and
825h, and Rule 206 of the Federal Energy Regulatory Commission's (FERC
or Commission) Rules of Practice and Procedure, 18 CFR 385.206 (2011),
Seminole Electric Cooperative, Inc. and Florida Municipal Power Agency
(Complainants) filed a formal complaint against Florida Power
Corporation (Respondent) alleging that the return on equity (ROE) in
Respondent's transmission formula rate is unjust and unreasonable.
    Complainants certify that copies of the complaint were served on
the contacts for Respondent as listed on the Commission's list of
Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on March 20, 2012.

    Dated: March 1, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-5539 Filed 3-6-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 243 (Tuesday, December 18, 2012)]
[Proposed Rules]
[Pages 74820-74822]
[FR Doc No: 2012-30358]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0762; FRL-9762-7]

Approval and Promulgation of Implementation Plans; Tennessee:
Knox County Supplemental Motor Vehicle Emissions Budget Update

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve, through parallel processing, a
draft revision to the Tennessee State Implementation Plan (SIP),
submitted to EPA on October 12, 2012, by the State of Tennessee,
through the Tennessee Department of Environment and Conservation
(TDEC). Tennessee's October 12, 2012, draft SIP revision includes
changes to the maintenance plan for the Knox County 1-hour ozone area
submitted on August 26, 1992, and approved by EPA on September 27,
1993, and a subsequent SIP revision approved by EPA on August 5, 1997.
The Knox County 1-hour ozone area was comprised of Knox County in its
entirety. The October 12, 2012, draft revision proposes to increase the
safety margin allocated to motor vehicle emissions budgets (MVEB) for
nitrogen oxides (NOX) and volatile organic compounds (VOC)
for Knox County to account for changes in the emissions model and
vehicle miles traveled (VMT) projection model. EPA is proposing
approval of this draft SIP revision pursuant to section 110 of the
Clean Air Act (CAA or Act).

DATES: Written comments must be received on or before January 17, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2012-0762 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2012-0762,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Quality Modeling
and Transportation Section, Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Kelly
Sheckler may be reached by phone at<PHONE_NUMBER> or by electronic
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Parallel Processing
II. Background
III. EPA's Analysis of Tennessee's SIP Revision
IV. Proposed Action
V. Statutory and Executive Order Reviews

I. Parallel Processing

    Consistent with EPA regulations found at 40 CFR Part 51, Appendix
V, section 2.3.1, for purposes of expediting review of a SIP submittal,
parallel processing allows a state to submit a plan to EPA prior to
actual adoption by the state. Generally, the state submits a copy of
the proposed regulation or other revisions to EPA before going out for
public comment. EPA reviews this proposed state action, and prepares a
notice of proposed rulemaking. EPA's notice of proposed rulemaking is
published in the Federal Register during the same time frame that the
state is holding its public process. The state and EPA then provide for
concurrent public comment periods on both the state action and federal
action.
    If the revision that is finally adopted and submitted by the state
is changed in aspects other than those identified in the proposed
rulemaking on the parallel process submission, EPA will evaluate those
changes and if necessary and appropriate, issue another notice of
proposed rulemaking. The final rulemaking action by EPA will occur only
after the SIP revision has been adopted by the state and submitted
formally to EPA for incorporation into the SIP.
    On October 12, 2012, the State of Tennessee, through TDEC submitted
a request for parallel processing of a draft SIP revision that the
State had already taken through public comment. TDEC requested parallel
processing so that EPA could begin to take action on its draft SIP
revision in advance of the State's submission of the final SIP
revision. As stated above, the final rulemaking action by EPA will
occur only after the SIP revision has been: (1) Adopted by Tennessee,
(2) submitted formally to EPA for incorporation into the SIP; and (3)
evaluated by EPA, including any changes made by the State after the
October 12, 2012, draft was submitted to EPA.

II. Background

    The Knox County, Tennessee, 1-hour ozone attainment and maintenance
area is comprised of only Knox County in its

entirety in Tennessee (hereafter referred to as the ``Knox County
Area'' or ``Area''). Knox County Area was originally designated as
marginal nonattainment for the 1-hour ozone national ambient air
quality standards (NAAQS) on November 6, 1991 (56 FR 56694).\1\ Knox
County was redesignated as attainment for the 1-hour ozone NAAQS on
September 27, 1993 (58 FR 50271). In this approval, was a 10-year air
quality maintenance plan covering the years 1994-2004.
---------------------------------------------------------------------------

    \1\ Subsequent to designating Knox County nonattainment for the
1-hour ozone NAAQS, EPA has since designated Knox County as part of
the larger Knoxville nonattainment area for the 1997 8-hour ozone
NAAQS (see 69 FR 23857, April 30, 2004) and the 2008 8-hour ozone
NAAQS (see 77 FR 30160, May 21, 2012). This proposed action relates
primarily to the MVEB established for Knox County for the 1-hour
ozone NAAQS, and does not relate to the MVEB approved for 1997 8-
hour ozone NAAQS for the Knoxville Area, nor does it relate to any
pending MVEB that may be contemplated for the Knoxville Area for the
2008 8-hour ozone NAAQS.
---------------------------------------------------------------------------

    A subsequent revision to the Knox County Area maintenance plan was
approved by EPA on August 5, 1997, that established MVEB for
transportation conformity purposes. That plan satisfied the CAA
requirement for a 10-year update of the Knox County 1-hour ozone
maintenance plan. Changes included revisions to the emissions inventory
for both on-road and off-road mobile sources using the latest at that
time, EPA approved mobile emissions and NONROAD models. New emissions
data for both the new base year (attainment year) and the projected
years (2004 and 2014) were calculated. The plan updated the 2004 MVEB
and provided for a new MVEB for the year 2014. EPA is now proposing to
approve Tennessee's October 12, 2012, revision to the safety margin for
the previously approved MVEB.

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

    As discussed above, on October 12, 2012, the State of Tennessee,
through TDEC, submitted a SIP revision to revise the MVEB for Knox
County in the Knox County 1-hour ozone maintenance plan to increase the
safety margin as a result of new emissions model, VMT projection
models, and other emission model input data. The MVEB (expressed in
tons per day (tpd)) that are being updated through today's action were
originally approved by EPA on September 27, 1993, updated on August 5,
1997, and are outlined in the table below.

           Table 1--Original MVEB for Knox County for 2004 NOX
------------------------------------------------------------------------

------------------------------------------------------------------------
NOX...........................................    29.24 tpd    22.12 tpd
VOC...........................................    33.89 tpd    31.71 tpd
------------------------------------------------------------------------

    TDEC is currently allocating portions of the available safety
margin \2\ to the MVEB to account for new emissions models, VMT
projections models, as well as changes to future vehicle mix
assumptions, that influence the emission estimations. TDEC has now
decided to allocate a majority of the safety margin available to the
MVEB. Specifically, 7.97 tpd of the available VOC safety margin (15.94)
is allocated to the 2004 MVEB, and 11.61 tpd for the available 2014
MVEB (23.22). Additionally, 2.79 tpd of the available NOX
safety margin are allocated to the 2004 MVEB and 18.43 tpd for the 2014
MVEB. The remaining safety margin for VOC for 2004 is 7.97 tpd and for
2014 is 11.61 tpd. As a result, there will be no safety margin
remaining for NOX for 2004 and 2014.
---------------------------------------------------------------------------

    \2\ A safety margin is the difference between the attainment
level of emissions from all source categories (i.e., point, area,
and mobile) and the projected level of emissions from all source
categories. The State may choose to allocate some of the safety
margin to the MVEB, for transportation conformity purposes, so long
as the total level of emissions from all source categories remains
equal to or less than the attainment level of emissions.
---------------------------------------------------------------------------

    The following tables provide the adjusted VOC and NOX
emissions data, for the 2004 base attainment year inventories, as well
as the projected VOC and NOX emissions inventory 2014.

                                             Table 2--Knox County Total Volatile Organic Compunds Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Available
                  Year                         Area          Non-road        Biogenic         Mobile           Point           Total      saftey  margin
--------------------------------------------------------------------------------------------------------------------------------------------------------
1990....................................           28.82            9.81           32.43           40.84            8.06          119.96  ..............
1993....................................           29.25            9.96           32.43           32.35            8.64          112.63  ..............
2004....................................           30.90           10.52           32.43           21.27            8.90          104.02           15.94
2010....................................           31.84           10.84           32.43           13.93            9.76           98.80  ..............
2014....................................           32.48           11.06           32.43           19.51           10.26           96.74           23.22
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                  Table 3--Knox County Total Nitrogen Oxides Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Year                         Area          Non-Road        Biogenic         Mobile           Point           Total      Saftey  Margin
--------------------------------------------------------------------------------------------------------------------------------------------------------
1990....................................            3.66            9.77               0           37.62            8.96           60.01  ..............
1993....................................            3.72            9.92               0           34.85            9.54           58.03  ..............
2004....................................            3.92           10.48               0           31.10           11.73           57.23            2.79
2010....................................            4.04           10.79               0           19.99           12.53           47.35  ..............
2014....................................            4.13           11.01               0           13.27           13.17           41.58           18.43
--------------------------------------------------------------------------------------------------------------------------------------------------------

                      Table 4--Knox County NOX MVEB
                                  [tpd]
------------------------------------------------------------------------
                                                          2004     2014
------------------------------------------------------------------------
                              NOX Emissions
------------------------------------------------------------------------
Base Emissions........................................    57.23    41.48
Safety Margin Allocated to MVEB.......................     2.79    18.43
NOX Conformity MVEB...................................    36.68    50.14
------------------------------------------------------------------------

                      Table 5--Knox County VOC MVEB
                                  [tpd]
------------------------------------------------------------------------
                                                          2004     2014
------------------------------------------------------------------------
                              VOC Emissions
------------------------------------------------------------------------
Base Emissions........................................   104.02    96.74
Safety Margin Allocated to MVEB.......................     7.97    11.61
VOC Conformity MVEB...................................    37.21    33.73
------------------------------------------------------------------------

    Taking into consideration the portion of the safety margin applied
to the MVEB, the resulting difference between the attainment level of
emissions from all sources and the projected level of emissions from
all sources in the maintenance area, the area still attains the NAAQS
and meets the maintenance requirements. The new safety margins, are
listed below in Table 6.

             Table 6--New Safety Margins for the Knox County
------------------------------------------------------------------------
                                                          VOC      NOX
                         Year                             tpd      tpd
------------------------------------------------------------------------
2004..................................................     7.97        0
2014..................................................    11.61        0
------------------------------------------------------------------------

    As shown in Tables 2 and 3 above, VOC and NOX total
emissions in Knox County are projected to steadily decrease from 2004
to the maintenance year of 2014. This VOC and NOX emission
decrease demonstrates continued attainment/maintenance of the 1-hour
ozone NAAQS for ten years from 2004 (the year the Area was effectively
designated attainment for the 1-hour ozone NAAQS) as required by the
CAA.
    The revised MVEB that Tennessee submitted for the Knox County Area
were developed with projected mobile source emissions derived using the
MOBILE6 motor vehicle emissions model. This model was the most current
model available at the time Tennessee was performing its analysis.
However, EPA has now issued an updated motor vehicle emissions model
known as Motor Vehicle Emission Simulator or MOVES. In its announcement
of this model, EPA established a two-year grace period for continued
use of MOBILE6.2 in regional emissions analyses for transportation plan
and transportation improvement programs (TIPs) conformity
determinations (extending to March 2, 2012),\3\ after which states
(other than California) must use MOVES in conformity determinations for
TIPs. As stated above, MOBILE6.2 was the applicable mobile source
emissions model that was available when the original SIP was submitted.
---------------------------------------------------------------------------

    \3\ EPA previously extended the grace period to use MOVES for
regional emissions analysis in conformity determinations to March 2,
2013 (77 FR 11394).
---------------------------------------------------------------------------

IV. Proposed Action

    EPA is proposing to approve Tennessee's October 12, 2012, SIP
revision concerning the Knox County 1-hour ozone maintenance plan and
increasing the safety margin allocated to MVEB to account for changes
in the emissions model and VMT projection model. This action, if
finalized, would result in higher NOX and VOC MVEB for
transportation conformity purposes for Knox County, and would still be
consistent with attainment for the 1-hour ozone NAAQS. EPA is proposing
this action because it is consistent with the CAA and the
transportation conformity requirements at 40 CFR 93.

V. Statutory and Executive order Reviews

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

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements and Volatile organic compounds.

    Dated: December 7, 2012.
A. Stanley Meiburg,
Regional Administrator, Region 4.
[FR Doc. 2012-30358 Filed 12-17-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Page 88063]
[FR Doc No: 2023-27884]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP24-241-000.
    Applicants: Eastern Gas Transmission and Storage, Inc.
    Description: 4(d) Rate Filing: EGTS--December 13, 2023
Administrative Changes to be effective 1/16/2024.
    Filed Date: 12/13/23.
    Accession Number: 20231213-5027.
    Comment Date: 5 p.m. ET 12/26/23.

    Docket Numbers: RP24-242-000.
    Applicants: Cove Point LNG, LP.
    Description: 4(d) Rate Filing: Cove Point--December 13, 2023
Administrative Changes to be effective 1/16/2024.
    Filed Date: 12/13/23.
    Accession Number: 20231213-5029.
    Comment Date: 5 p.m. ET 12/26/23.

    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or before 5 p.m. Eastern time on the specified
comment date. Protests may be considered, but intervention is necessary
to become a party to the proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP24-219-001.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Tariff Amendment: Amendment filing to RP24-219-000 to
be effective 12/1/2023.
    Filed Date: 12/12/23.
    Accession Number: 20231212-5109.
    Comment Date: 5 p.m. ET 12/26/23.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5 p.m. Eastern time on the specified comment
date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    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>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: December 13, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-27884 Filed 12-19-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Notices]
[Pages 2304-2305]
[FR Doc No: 2019-01276]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0334]

Hours of Service of Drivers: National Cattlemen's Beef
Association; Livestock Marketing Association; American Farm Bureau
Federation; American Beekeeping Federation; American Honey Producers
Association; and National Aquaculture Association; Application for
Exemption

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

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

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SUMMARY: FMCSA announces that it has received a joint application from
the National Cattlemen's Beef Association, Livestock Marketing
Association, American Farm Bureau Federation, American Beekeeping
Federation, American Honey Producers Association and the National
Aquaculture Association for an exemption from certain provisions in the
hours-of-service (HOS) rules. The applicants request approval to, after
10 consecutive hours off duty: drive through the 16th consecutive hour
after coming on duty; and drive a total of 15 hours during that 16-hour
period. The requests are made on behalf of drivers who transport
livestock, insects, and aquatic animals. FMCSA requests public comment
on the joint applicants' request for exemption.

DATES: Comments must be received on or before March 8, 2019.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2018-0334 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: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>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-2018-0334), 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-2018-0334'' 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 and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

III. Request for Exemption

    A joint exemption application has been submitted by the National
Cattlemen's Beef Association, Livestock Marketing Association, American
Farm Bureau Federation, American Beekeeping Federation, American Honey
Producers Association and the National Aquaculture Association
(``applicants'').
    The applicants seek an exemption from the hours-of-service (HOS)
requirements that: (1) Limit the maximum driving hours for property-
carrying drivers to 11 [49 CFR 395.3(a)(3))]; and (2) limit the duty
period for those drivers to 14 consecutive hours [49 CFR 395.3(a)(2))].
The applicants seek an exemption that after 10 consecutive hours off
duty would allow them to: (1) Drive through the 16th consecutive hour
after coming on duty; and (2) drive a total of 15 hours during that 16-
hour period. The applicants cite the fact that livestock haulers are
currently permitted to operate in ``an exempt zone within a radius of
150 air miles'' of the source of an agricultural commodity. The Agency,
in implementing this provision, has stated that time spent working
within the 150 air-mile radius does not count toward the driver's daily
and weekly HOS limits. Accordingly, the 15- and 16-hour limits
requested by the applicants would begin after a livestock hauler
travels outside the 150 air-mile radius.The requested exemptions would
apply to all livestock, insect, and aquatic animal transporters and
their drivers.
    According to applicants, for purposes of this exemption
application, livestock is defined in sec. 602 of the Emergency
Livestock Feed Assistance Act of 1988 [7 U.S.C. 1471]. The term
``insects'' should be interpreted to mean insects that are used as
pollinators such as honeybees. The term ``aquatic species'' is defined
in the National Aquaculture Policy Act as ``any species of finfish,
mollusk, crustacean, or other aquatic invertebrate, amphibian, reptile,
or aquatic plant.'' 16 U.S.C. 2801. However, this application does not
seek to include aquatic plants.
    Applicants advise that their drivers would comply with all other
HOS rules, including the 60/70 hour limits. They advise that drivers
operating under the proposed exemption would reach the 60-hour on-duty
limit as early as at the end of the 90th hour and would then take 34
consecutive hours off duty. They then could resume duty at the start of
the 125th hour.
    The applicants cite 2018 Motor Carrier Management Information
System data from the Agency that identified 60,569 livestock motor
carriers with 179,406 vehicles and 190,661 drivers. The FMCSA noted
that 78,154 of those drivers operated within a 100 air-mile radius HOS
exemption, leaving 112,507 CMV drivers who would likely be subject to
the Agency's HOS regulations. The applicants are concerned that the 11-
and 14-hour rules were not crafted with livestock haulers in mind and
thus do not accommodate the unique character of their loads and nature
of their trips. In certain circumstances, livestock haulers are
required to carry live animals over significant distances. Those
circumstances are dictated by factors primarily related to the health
and welfare of the livestock; the lifecycle of the livestock; and the
locations of farms and ranches, viable grazing lands and feedlots, and
final processing facilities. The applicants state that the maximum
driving and on-duty limits of the HOS regulations as applied to their
operations may place the well-being of livestock at risk during
transport and impose significant burdens on livestock haulers,
particularly in rural communities across the country.
    The applicants state that, while the majority of their trips fall
within the current HOS regulations, some of the longer trips cannot be
completed under the 11- and 14-hour rules. These trips are affected by
``immutable factors'' such as weather. In the cattle industry, the
locations of cow-calf operations, grazing lands, feedlots, and
processing facilities necessarily determine how far a livestock hauler
must travel in a single trip. Livestock haulers transport animals from
farms and ranches to auction markets, where the stock is sold. Once
sold, the animals are often transported to grazing lands and feed
yards, mostly located in the Central Plains and Southwest. After
grazing and feeding, livestock are transported a final time to
processing facilities, where they are transformed into consumable meat
and sold. In addition, transportation of bees necessary to pollinate
numerous crops, tree nuts, fruits, and vegetables are some of the
longest trips in the country. While most these trips can be concluded
within the current HOS rules, the applicants estimate that 25-30
percent of livestock-hauling trips would be conducted under the
requested exemption.
    The applicants cite the following negative impacts to their
industry if the exemption is not granted: (1) Livestock haulers would
be unable to test innovative fatigue risk-management safety
countermeasures; (2) public safety measures to ensure animal welfare
and prevent the spread of disease would continue to be hampered by the
current HOS rules; and (3) driver shortages and resulting
transportation cost increases would be further aggravated.
    The applicants assert that granting this exemption would not
negatively impact motor vehicle safety because the exemption would
likely be used by a limited number of commercial drivers who are
experienced, plan their trips carefully, operate specialized equipment,
and routinely undergo transportation training. The applicants add the
following relating to an equivalent level of safety if the exemption is
granted: (1) Livestock haulers are a defined, safe subset of all CMV
drivers; (2) transporting live animals requires prudent route planning,
specialized equipment, and safe driving practices; and (3) many
livestock haulers already undergo specialized training that includes
fatigue prevention, recognition, and management. As this last point
relates to an equivalent level of safety, according to the applicants,
the HOS rules are intended to mitigate the risk of driver fatigue and
its role in CMV crashes. However, research demonstrates that the number
of driving hours is only one aspect of fatigue management--as many
factors contribute to safe driving. The applicants propose to craft
industry-sponsored training programs that include appropriate fatigue
management principles.
    The exemption is requested for a period of five years. A copy of
the application for exemption is available for review in the docket for
this notice.

    Issued on: January 30, 2019.
Larry W. Minor,
Associate Administrator of Policy.
[FR Doc. 2019-01276 Filed 2-5-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 235 (Thursday, December 8, 2022)]
[Notices]
[Pages 75275-75276]
[FR Doc No: 2022-26711]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2000-D-0187 [Formerly Docket No. 2000D-1267]]

Recommendations To Reduce the Risk of Transfusion-Transmitted
Malaria; Guidance for Industry; Availability

AGENCY: Food and Drug Administration, Health and Human Services (HHS).

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
announcing the availability of a final guidance entitled
``Recommendations to Reduce the Risk of Transfusion-Transmitted
Malaria.'' The guidance document provides blood establishments that
collect blood and blood components with FDA's recommendations to reduce
the risk of transfusion-transmitted malaria (TTM). The recommendations
contained in the guidance apply to the collection of Whole Blood and
blood components, except Source Plasma. The guidance announced in this
notice supersedes the guidance entitled ``Revised Recommendations to
Reduce the Risk of Transfusion-Transmitted Malaria; Guidance for
Industry'' dated April 2020.

DATES: The announcement of the guidance is published in the Federal
Register on December 8, 2022.

ADDRESSES: You may submit either electronic or written comments on
Agency guidances at any time as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2000-D-0187 for ``Recommendations to Reduce the Risk of
Transfusion-Transmitted Malaria; Guidance for Industry.'' Received
comments will be placed in the docket and, except for those submitted
as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the guidance to the
Office of Communication, Outreach and Development, Center for Biologics
Evaluation and Research (CBER), Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist the office in processing
your requests. The guidance may also be obtained by mail by calling
CBER at 1-800-835-4709 or<PHONE_NUMBER>. See the SUPPLEMENTARY
INFORMATION section for electronic access to the guidance document.

FOR FURTHER INFORMATION CONTACT: Jessica Gillum, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-
402-7911.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a final guidance entitled
``Recommendations to Reduce the Risk of Transfusion-Transmitted
Malaria;

Guidance for Industry.'' The guidance document provides blood
establishments that collect blood and blood components with FDA's
recommendations to reduce the risk of TTM. The recommendations
contained in the guidance apply to the collection of Whole Blood and
blood components, except Source Plasma. Blood establishments are not
required to assess Source Plasma donors for malaria risk (see 21 CFR
630.15(b)(8)).
    To address the urgent and immediate need for blood and blood
components during the Coronavirus Disease 2019 (COVID-19) public health
emergency, in April 2020 FDA issued revised recommendations to reduce
the risk of TTM during the public health emergency. The recommendations
in the April 2020 guidance were based on the Agency's evaluation of the
available scientific and epidemiological data on malaria risk, and data
on FDA-approved pathogen reduction devices. FDA stated in the April
2020 guidance that we expected implementation of the revised
recommendations would not be associated with any adverse effect on the
safety of the blood supply and that early implementation of the
recommendations may help to address significant blood shortages that
occurred as result of the COVID-19 public health emergency. Further,
the guidance explained that we expected that the recommendations set
forth in the revised guidance would continue to apply outside the
context of the COVID-19 public health emergency, and that FDA would
replace the April 2020 guidance with an updated guidance that
incorporates any appropriate changes based on public comments and our
experience with implementation. Although the April 2020 guidance stated
that we intended to reissue the guidance within 60 days following the
termination of the public health emergency, we are not delaying this
issuance because the guidance represents our current thinking on the
topic.
    FDA is issuing this guidance for immediate implementation in
accordance with our good guidance practices regulation (10.115(g)(3))
without initially seeking prior comment because the Agency has
determined that prior public participation is not feasible or
appropriate (see 10.115(g)(2) and section 701(h)(1)(C)(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 371(h)(1)(C)(i))).
Specifically, we are not seeking prior comment because the
recommendations present a less burdensome policy for reducing the risk
of transfusion-transmitted malaria that is consistent with public
health, and interested parties have had the opportunity to comment on
the recommendations in the April 2020 guidance. The recommendations,
which are unchanged from the April 2020 guidance, will remain in effect
outside of the context of the public health emergency related to COVID-
19.
    In the Federal Register of June 17, 2020 (85 FR 36598), FDA
announced the availability of the final guidance entitled ``Revised
Recommendations to Reduce the Risk of Transfusion-Transmitted Malaria;
Guidance for Industry'' dated April 2020. FDA received no comments on
the final guidance.
    The guidance represents the current thinking of FDA on
``Recommendations to Reduce the Risk of Transfusion-Transmitted
Malaria.'' It does not establish any rights for any person and is not
binding on FDA or the public. You can use an alternative approach if it
satisfies the requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    While this guidance contains no collection of information, it does
refer to previously approved FDA collections of information. Therefore,
clearance by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521) is not
required for this guidance. The previously approved collections of
information are subject to review by OMB under the PRA. The collections
of information in 21 CFR part 601 and Form FDA 356h have been approved
under OMB control number 0910-0338; 21 CFR parts 606 and 630 have been
approved under OMB control number 0910-0116; and the collections of
information for consignee and transfusion recipient physician
notification have been approved under OMB control number 0910-0681.

III. Electronic Access

    Persons with access to the internet may obtain the guidance at
https://www.fda.gov/vaccines-blood-biologics/guidance-compliance-regulatory-information-biologics/biologics-guidances, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, or
https://www.regulations.gov.

    Dated: December 5, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-26711 Filed 12-7-22; 8:45 am]
BILLING CODE 4164-01-P