[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Notices]
[Pages 68323-68324]
[FR Doc No: 2020-23864]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP15-115-000; CP15-115-001]

National Fuel Gas Supply Corporation and Empire Pipeline, Inc.;
Notice of Request for Extension of Time

    Take notice that on October 16, 2020, National Fuel Gas Supply
Corporation (National Fuel) and Empire Pipeline, Inc. (Empire)
(collectively, Applicants) requested that the Federal Energy Regulatory
Commission (Commission) grant an extension of time, until December 1,
2024, to complete construction of the Northern Access 2016 Project
(Project) and make the Project available for service, as authorized in
the February 3, 2017 Order Granting Abandonment and Issuing
Certificates (Certificate Order).\1\
---------------------------------------------------------------------------

    \1\ National Fuel Gas Supply Corp. et al., 158 FERC 61,145
(2017) (Certificate Order), order on reh'g and motion for waiver
determination under Section 401 of the Clean Water Act, 164 FERC
61,084 (2018).
---------------------------------------------------------------------------

    The Project consists of approximately 99 miles of new pipeline,
primarily 24-inches in diameter, to be constructed in McKean County,
Pennsylvania, and Allegany, Cattaraugus, Erie, and Niagara Counties,
New York; a new compressor station along Empire's system in Niagara
County, New York; and additional compression at National Fuel's
existing Porterville Compressor Station in Erie County, New York, as
well as new pipeline interconnects and various auxiliary and
appurtenant facilities. The Certificate Order required Applicants to
complete construction of the Project facilities and make them available
for service by February 3, 2019.\2\ In January 2019, the Commission
granted Applicants' request for a three-year extension, until February
3, 2022, to complete construction and place the Project facilities into
service.\3\ Due to ongoing legal and regulatory delays, Applicants now
request an additional two-year extension of time, until December 1,
2024, to complete construction of the Project and place it into
service.
---------------------------------------------------------------------------

    \2\ Certificate Order, 158 FERC 61,145 at ordering para. (C)(1).
    \3\ Letter Order to National Fuel Gas Supply Corp. and Empire
Pipeline, Inc., Docket No. CP15-115-000 (issued Jan. 31, 2019)
(National Fuel Letter Order).
---------------------------------------------------------------------------

    This notice establishes a 15-calendar day intervention and comment
period deadline. Any person wishing to comment on the extension motion
may do so. No reply comments or answers will be considered. If you wish
to obtain legal status by becoming a party to the

proceedings for this request, you should, on or before the comment date
stated below, file a motion to intervene in accordance with the
requirements of the Commission's Rules of Practice and Procedure (18
CFR 385.214 or 385.211) and the Regulations under the Natural Gas Act
(18 CFR 157.10).\4\
---------------------------------------------------------------------------

    \4\ Only motions to intervene from entities that were party to
the underlying proceeding will be accepted. Algonquin Gas
Transmission, LLC, 170 FERC 61,144, at P 39 (2020).
---------------------------------------------------------------------------

    As a matter of practice, the Commission itself generally acts on
requests for extensions of time to complete construction for NGA
facilities when such requests are contested before order issuance. For
those extension requests that are contested,\5\ the Commission acting
as a whole will aim to issue an order acting on the request within 45
days.\6\ The Commission will address all arguments relating to whether
the applicant has demonstrated there is good cause to grant the
extension.\7\ The Commission will not consider arguments that re-
litigate the issuance of the Certificate Order, including whether the
Commission properly found the project to be in the public convenience
or necessity and whether the Commission's environmental analysis for
the certificate complied with the National Environmental Policy Act.\8\
At the time a pipeline requests an extension of time, orders on
certificates of public convenience and/or necessity are final and the
Commission will not re-litigate their issuance. The OEP Director, or
his or her designee, will act on all those extension requests that are
uncontested.
---------------------------------------------------------------------------

    \5\ Contested proceedings are those where an intervenor disputes
any material issue of the filing. 18 CFR 385.2201(c)(1) (2019).
    \6\ Algonquin Gas Transmission, LLC, 170 FERC 61,144, at P 40
(2020).
    \7\ Id. P 40.
    \8\ Similarly, the Commission will not re-litigate the issuance
of an NGA section 3 authorization, including whether a proposed
project is not inconsistent with the public interest and whether the
Commission's environmental analysis for the permit order complied
with NEPA.
---------------------------------------------------------------------------

    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
eLibrary link. Enter the docket number excluding the last three digits
in the docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
COVID-19, issued by the President on March 13, 2020. For assistance,
contact FERC at<EMAIL_ADDRESS>or call toll-free, (886)
208-3676 or TYY,<PHONE_NUMBER>.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the eFile link at
http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on November 6, 2020.

    Dated: October 22, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-23864 Filed 10-27-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Notices]
[Pages 30296-30297]
[FR Doc No: 2016-11517]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

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

    Docket Numbers: ER11-3417-011; ER10-2895-015; ER14-1964-006; ER16-
287-001; ER13-2143-008; ER10-3167-007; ER13-203-007; ER11-2292-015;
ER11-3942-014; ER11-2293-015; ER10-2917-015; ER11-2294-014; ER12-2447-
013; ER13-1613-008; ER10-2918-016; ER10-2920-015; ER11-3941-013; ER10-
2921-015; ER10-2922-015; ER13-1346-007; ER10-2966-015; ER11-2383-010;
ER10-3178-008.
    Applicants: Alta Wind VIII, LLC, Bear Swamp Power Company LLC, BIF
II Safe Harbor Holdings, LLC, BIF III Holtwood LLC, Black Bear
Development Holdings, LLC, Black Bear Hydro Partners, LLC, Black Bear
SO, LLC, Brookfield Energy Marketing Inc., Brookfield Energy Marketing
LP, Brookfield Energy Marketing US LLC, Brookfield Power Piney & Deep
Creek LLC, Brookfield Renewable Energy Marketing US LLC, Brookfield
Smoky Mountain Hydropower LLC, Brookfield White Pine Hydro LLC, Carr
Street Generating Station, L.P., Erie Boulevard Hydropower, L.P.,
Granite Reliable Power, LLC, Great Lakes Hydro America, LLC, Hawks Nest
Hydro LLC, Mesa Wind Power Corporation, Rumford Falls Hydro LLC, Safe
Harbor Water Power Corporation, Windstar Energy, LLC.
    Description: Notice of Change in Status of the Brookfield
Companies, et al.
    Filed Date: 5/2/16.
    Accession Number: 20160502-5491.
    Comments Due: 5 p.m. ET 5/23/16.

    Docket Numbers: ER10-2348-007.
    Applicants: High Lonesome Mesa, LLC.
    Description: Notification of Change in Status of High Lonesome
Mesa, LLC.
    Filed Date: 5/2/16.
    Accession Number: 20160502-5496.
    Comments Due: 5 p.m. ET 5/23/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date.

Protests may be considered, but intervention is necessary to become a
party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 4, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-11517 Filed 5-13-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
[Notices]
[Page 15473]
[FR Doc No: 2021-05934]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-1320-000]

Crystal Lake Wind Energy III, LLC; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Crystal Lake Wind Energy III, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is April 6, 2021.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: March 17, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-05934 Filed 3-22-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Notices]
[Pages 17473-17474]
[FR Doc No: 2011-7428]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Twelfth Meeting: RTCA Special Committee 214: Working Group 78:
Standards for Air Traffic Data Communication Services

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of RTCA Special Committee 214: Working Group 78:
Standards for Air Traffic Data Communication Services.

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

SUMMARY: The FAA is issuing this notice to advise the public of a
meeting of the RTCA Special Committee 214: Working Group 78: Standards
for Air Traffic Data Communication Services.

DATES: The meeting will be held April 11-15, 2011 from 9 a.m.-5 p.m.

ADDRESSES: The meeting will be held at the Federal Ministry of
Transport, Building and Urban Development, Invalidenstrasse 44-10115
Berlin, Germany. Confirm attendance with<EMAIL_ADDRESS><EMAIL_ADDRESS>and copy to
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: RTCA Secretariat, 1828 L Street, NW.,
Suite 805, Washington, DC, 20036; telephone<PHONE_NUMBER>; fax (202)
833-9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (P.L. 92-463, 5 U.S.C., Appendix 2), notice is
hereby given for a RTCA Special Committee 214: Working Group 78:
Standards for Air Traffic Data Communication Services meeting. The
agenda will include:

Additional Information

    Additional information and all the documents to be considered can
be found in the Web site http://www.faa.gov/go/SC214.

Meeting Objectives

     Complete definition of Baseline 2 content
     Review planning and content of SPR and INT drafts version
0.H and 0.I
     Progress the validation report
     Consolidate approach for Oceanic/Continental Integration
     Approve release of VDL Mode 2 documents for Final Review
and Comment (RTCA)
     Review of Position Papers
     Review the work plan; and Plenary/Subgroup meetings plan
for 2011

Agenda

Day 1, Monday, April 11, 2011

    9-12:30 Plenary Session
     Welcome/Introductions/Administrative Remarks
     Approval of the Agenda
     Approval of the Minutes of Plenary 11
     Review Action Item Status
     Coordination Activities
     Briefing from other SCs and WGs
     Briefing from recent ICAO NAT and OPLINK meetings
     Status Publication DO306/ED122 Change 1
     Review of Work so far
     SPR & INT documents version H and I
     SC-214/WG-78 TORs and Work Plan
     Review of Position Papers and Contributions

    13:30-17:00: Plenary Session
     Continuation Review of Position Papers and Contributions
     Approval of Sub-Group Meeting Objectives

Day 2, Tuesday, April 12, 2011 9:00-17:00 Sub-Group Sessions

Day 3, Wednesday, April 13, 2011 9:00-17:00 Sub-Group Sessions

Day 4, Thursday, April 14, 2011 9:00-17:00 Plenary Session

     Configuration Sub-group Report & Assignment of Action
Items
     Validation Sub-group Report & Assignment of Action Items
     VDL Sub-group Report & Assignment of Action Items
     Approval to release VDL Mode 2 Documents for Final Review
and Comment (RTCA)
     Review Dates and Locations 2011 Plenary and SG Meetings
     Any Other Business
     Adjourn

Day 5, Friday, April 15, 2010 Sub-Group Sessions 9:00-16:00

     9:00-16:00 Sub-Group Sessions
    Attendance is open to the interested public but limited to space
availability.

With the approval of the chairmen, members of the public may present
oral statements at the meeting. Persons wishing to present statements
or obtain information should contact the person listed in the ``FOR
FURTHER INFORMATION CONTACT'' section. Members of the public may
present a written statement to the committee at any time.

    Issued in Washington, DC, on, March 24, 2011.
Robert L. Bostiga,
RTCA Advisory Committee.
[FR Doc. 2011-7428 Filed 3-28-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Rules and Regulations]
[Pages 68328-68332]
[FR Doc No: 2011-28517]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 384

[Docket No. FMCSA-2011-0039]
RIN 2126-AB33

Commercial Driver's License Information System State Procedures
Manual, Release 5.2.0

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

ACTION: Final rule.

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

SUMMARY: FMCSA amends the Federal Motor Carrier Safety Regulations
(FMCSRs) to incorporate by reference the most recent edition of the
American Association of Motor Vehicle Administrators, Inc.'s (AAMVA)
Commercial Driver's License Information System (CDLIS) State Procedures
Manual (the Manual) (Release 5.2.0). This final rule requires all State
driver licensing agencies (SDLAs) to use this recent edition of the
Manual to develop the process required to transmit, receive, record,
and update information on a CDLIS driver record. This information
includes, but is not limited to, the commercial driver's license (CDL)
holder's physical description, commercial and noncommercial driving
status, medical certification status, convictions, disqualifications
and accidents. This final rule is intended to ensure the uniform
application of CDLIS procedures among all States.

DATES: Effective Date: This final rule takes effect on December 5,
2011. Compliance Date: Compliance is required by January 30, 2012. The
incorporation by reference of the publication listed in the rule is
approved by the Director of the Office of the Federal Register as of
December 5, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Redmond, Senior
Transportation Specialist, Commercial Driver's License Division,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590-

0001; Telephone:<PHONE_NUMBER>; Email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Electronic Access

    The electronic file of this document is available from the
following: the Federal Register at http://www.gpoaccess.gov/fr/index.html; the Federal eRulemaking Portal at http://www.regulations.gov and searching the Agency name and docket number
(FMCSA-2011-0039).

Table of Contents

I. Legal Basis
II. Background
III. Purpose and Scope of the CDLIS State Procedures Manual
IV. Incorporation by Reference
V. Discussion of Comments and Responses
VI. Summary of Final Rule
VII. Regulatory Analyses

I. Legal Basis

    The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (Pub. L.
99-570, title XII, 100 Stat. 3207-170, codified at 49 U.S.C. chapter
313) required the Secretary of Transportation, after consultation with
the States, to prescribe regulations on minimum uniform standards for
State issuance of CDLs. The Act also granted FMCSA authority to
prescribe procedures and requirements the States must observe in
issuing CDLs and CDL learner permits and specified information States
must include on each CDL (49 U.S.C. 31308).
    FMCSA is required by statute to maintain an information system that
serves as the clearinghouse and depository of information about the
licensing, identification and disqualification of operators of CMVs (49
U.S.C. 31309). CDLIS is the information system that serves that
function. To avoid loss of Federal-aid highway funds, 49 U.S.C. 31314
requires each State to comply substantially with 49 U.S.C. 31311(a),
which prescribes the requirements for State participation in the CDL
program. To ensure that the States are able to exchange information
about CDL holders efficiently and effectively through CDLIS, as
required by 49 U.S.C. 31311(a)(5)-(9), (15), (18)-(19), and (21), this
rule requires States issuing CDLs and CDL learner permits to follow all
the procedures described in Version 5.2.0 of the CDLIS State Procedures
Manual when posting, transmitting, and receiving all information on a
CDL driver's CDLIS driver record.

II. Background

    In 1988, the Federal Highway Administration (FHWA) entered into a
designation agreement with AAMVA's affiliate AAMVAnet, Inc. to create
and operate CDLIS. Under that agreement, CDLIS had to contain all the
information required in 49 U.S.C. 31309(b). The 1988 agreement stated
that AAMVAnet will ``cooperate fully with FHWA with respect to the
operation of CDLIS including, but not limited to, information content
and the development of standards relating to access to CDLIS by States
and various employers and employees.'' Pursuant to section 106(b) of
the Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L. 106-
159, 113 Stat. 1748, 1757, 49 U.S.C. 113 note), the 1988 agreement
automatically transferred to FMCSA upon the Agency's establishment and
remained in effect until FMCSA and AAMVA, the party that inherited the
responsibilities of its affiliate AAMVAnet, Inc., entered into a
superseding agreement in 2008. Copies of the 1988 and 2008 agreements
are in the public docket for this rulemaking.
    In August 2005, section 4123 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
authorized FMCSA to establish a modernization plan for CDLIS (Pub. L.
109-59, 119 Stat. 1144, 1734, partly codified at 49 U.S.C. 31309(e) et
seq.). Section 4123 also authorized grants to States or organizations
representing States for the modernization of CDLIS (49 U.S.C.
31309(f)).
    On May 2, 2006, FMCSA published the CDLIS Modernization Plan in the
Federal Register (71 FR 25885). The Plan detailed the statutory
requirements for modernization, the phases of the modernization plan,
and the availability of grant funding for AAMVA and the States to
comply with CDLIS modernization requirements. Since May 2006, AAMVA has
received grants from FMCSA to complete the tasks enumerated in the
Modernization Plan.
    On June 9, 2008, FMCSA and AAMVA entered into a new cooperative
agreement regarding the operation, maintenance, and modernization of
CDLIS. While FMCSA authorizes AAMVA to maintain and operate CDLIS,
FMCSA does not own CDLIS and it is not a Federal system of records.
FMCSA and AAMVA work closely together to monitor State compliance with
the CDLIS specifications, as set forth in the May 2, 2006 Federal
Register notice, and the States' annual grant agreements. FMCSA has
awarded AAMVA Federal financial assistance grants to maintain an active
Help Desk for State personnel, to conduct regularly occurring CDLIS
training courses for State personnel, and to provide States with
regular CDLIS transaction and error reports to improve their compliance
efforts.
    The goals of the 2008 agreement, to which any amendments must be
made in writing and signed by all parties, are to provide a framework
for the ongoing operation, maintenance, administration, enhancement,
and modernization of CDLIS by AAMVA. The modernization will ensure
compliance with applicable Federal information technology security
standards; electronic exchange of all information including the posting
of convictions; self-auditing features to ensure that data are being
posted correctly and consistently by the States; and integration of an
individual's CDL and the medical certificate as required in the final
rule on ``Medical Certification Requirements as Part of CDL'' (73 FR
73096, December 1, 2008). Finally, the agreement provides a schedule
for modernization of the system. The updated Release 5.2.0 of the
Manual implements the CDLIS modernization effort.

III. Purpose and Scope of the CDLIS State Procedures Manual

    The Manual (Release 5.2.0, February 2011) outlines the standard
administrative practices required of the fifty States and the District
of Columbia when participating in CDLIS. The 13 Canadian provinces and
territories and the Mexican General Directorship of Federal Motor
Carrier Transportation (DGAF) will also adopt the Release 5.2.0. This
updated Release 5.2.0 supersedes the Manual (Release 4.1.0) of
September 2007.
    The primary audience for this Manual is State personnel involved in
CDL programs, and their counterparts in Canada and Mexico, including
administrative employees involved in driver licensing and computer-
technology staff supporting the CDLIS transactions. The Manual (Release
5.2.0) contains background information about the laws mandating CDLIS
and discusses types of CDLIS users. This Manual also includes
descriptions, excerpted from the CDLIS System Specifications (Release
5.2.0), of the nation-wide computerized data-exchange transactions used
to electronically record and report driver information. Further, the
Manual (Release 5.2.0) provides guidance on administrative driver
licensing procedures that involve CDLIS, including issuing, renewing,
transferring, withdrawing, and reinstating a driver's license, and
posting convictions. The Manual (Release 5.2.0) does not address CDL or
CDL learner's permit program

requirements outside the scope of CDLIS.
    The Manual (Release 5.2.0) addresses changes that were made as part
of the modernization effort to make CDLIS more efficient in handling
the increasing number of driver records and data transactions. These
changes include new rules for processing transactions, procedures for
handling data transaction errors and clarifications of existing rules
and procedures for processing data transactions. The following is a
summary of the changes:

Comply With Applicable Federal Information Technology Security
Standards

     The network was upgraded to comply with National Institute
of Standards and Technology (NIST) and other Federal standards,
including the encryption of messages (note: all States have completed
this upgrade).
     FMCSA has encouraged States to follow the NIST standards
in their internal systems that maintain driver history information used
in messages sent via CDLIS.
     Because the CDLIS Central Site stores a significant
accumulation of personally identifiable information (PII), FMCSA has
overseen a Certification and Accreditation by independent auditors to
ensure that it provides sufficient safeguards and mitigates the risk of
that data being compromised or accessed by unauthorized personnel.

Provide for the Electronic Exchange of all Information, Including
Posting of Convictions

     Medical Certificate information, driver self-certification
of operating status, medical certification status, information
regarding variances and exemptions from medical requirements have all
been added to the driver history record exchanged via CDLIS.
     A new nationwide driver license restriction code of `V'
was created to be used on the license document and CDLIS messages to
ensure law enforcement would ask the driver to provide variance
information during a traffic stop.
     A new CDLIS message will allow FMCSA to quickly locate a
driver's State and license number after a crash.

Contain Self-Auditing Features to Ensure That Data Is Being Posted
Correctly and Consistently by the States

     Message edit-checks were added to ensure that data in
driver history is being posted correctly and consistently by the
States.
     Reports have been created to assist FMCSA in monitoring
State compliance with Federal regulations related to timeliness, data
quality, and various capabilities.
     States will be required to provide data from their
licensing systems to verify that it matches the information on the
Central Site; States will be provided error reports to take action to
correct any data conflicts.
     Non-PII data will be used to create statistical reports
related to the national CDL program.
    The Manual also addresses the rules and procedures for recording
and transmitting the new medical certification data that is being added
to CDLIS driver records.

IV. Incorporation by Reference

    Section 552(a)(1) of Title 5, U.S.C., authorizes agencies, with the
approval of the Director of the Federal Register, to incorporate by
reference into regulations materials already published elsewhere. This
reduces the volume of material published in the Federal Register and
the Code of Federal Regulations. This final rule is part of the process
of incorporating the Manual (Release 5.2.0) by reference. The legal
effect of incorporation by reference is that the material is treated as
if it were published in the Federal Register. This material, like any
other properly issued rule, would then have the force and effect of
law.
    When the regulatory requirements for State participation in the CDL
program were adopted as 49 CFR part 384 (59 FR 26029, May 18, 1994),
they included the provision that the States must adhere to program
requirements specified by the Agency and the designated operator of
CDLIS. Section 384.231(d) states that each ``State shall maintain such
driver records and cause such driver identification data to be retained
on the CDLIS as the operator of the CDLIS specifies are necessary to
the implementation and enforcement of the disqualifications called for
in Sec. Sec.  384.215 through 384.219.'' In fact, the information
collection requirements built into CDLIS were specified broadly by FHWA
in 1988 and more precisely by FMCSA in 2008. Those requirements have
formed the basis for several editions of the Manual. In 2002, FMCSA,
therefore, incorporated by reference into Sec.  384.231(d) Version 2.0
of the Manual (67 FR 49742, July 31, 2002) and later updated the rule
to incorporate the Manual (Version 4.1.0) (73 FR 73096, December 1,
2008).
    FMCSA believes that uniform practices among the States can only be
ensured by incorporating by reference the latest Manual (Release
5.2.0), published in February 2011. This most recent version of the
Manual (Release 5.2.0) is available for inspection at the Department of
Transportation Library and the National Archives and Records
Administration. Copies of the Manual may also be obtained through
AAMVA. Further details, contact addresses, and telephone numbers are
provided in 49 CFR 384.107. While AAMVA plans to update this version of
the Manual as needed to reflect changing legal requirements and best
practices in the operation of CDLIS, incorporating the Manual (Release
5.2.0) by reference, however, ensures that each State complies with the
specific version required by FMCSA.

V. Discussion of Comments and Responses

    FMCSA published a notice of proposed rulemaking (NPRM) on April 6,
2011, and provided for a 60-day public comment period (76 FR 19023).
During the comment period, FMCSA received one comment from an anonymous
source.

Comment

    The commenter agreed overall with the proposed rule. However, there
was concern that the NPRM did not explain with specificity the types of
convictions, disqualifications and accidents that will be listed on a
driver's CDLIS record. The commenter further stated that convictions,
disqualifications, and accidents that occurred outside the scope of a
driver's use of his or her CDL should not be posted on a driver's CDLIS
record. The commenter stated that the following should not be included
in a driver's CDLIS record: (1) Convictions outside the scope of the
use of the CDL, for example, battery; and (2) information about
accidents in vehicles that do not require the driver to hold a CDL.
    The commenter also stated that certain information not related to a
driver's use of a CDL should be included in his or her CDLIS record,
such as all events resulting from chemical abuse and child molestation.
    The commenter stated that implementing these changes would benefit
FMCSA by reducing the risk of a challenge to the rule on privacy or
equal protection grounds, would assist law enforcement in determining
whether a CDL holder will be a safe driver and would act as a deterrent
to CDL holders.

FMCSA Response

    The purpose of this final rule is to incorporate by reference the
Manual (Release 5.2.0), which will be more efficient in handling the
increasing

number of driver records and data transactions. The Manual (Release
5.2.0) includes new rules for processing transactions, procedures for
handling data transaction errors and clarifications of existing rules
and procedures for processing data transactions.
    This final rule does not make any changes to the types of
convictions, disqualifications, and accidents that are required to be
reported to CDLIS. As a result, the comment on what types of
convictions, disqualifications or accidents should or should not be
included in CDLIS are outside the scope of this rulemaking.

VI. Summary of Final Rule

    This final rule amends the regulations at Sec.  384.107 (b) to
incorporate by reference the Manual (Release 5.2.0), and at Sec.
384.301 to add paragraph (g) specifying that the State must comply with
requirements of this rule by January 30, 2012. In the NPRM, FMCSA
proposed adding the incorporation by reference to paragraph (e) of
Sec.  384.301; the Agency has now codified this provision in paragraph
(g) as a result of other changes to the regulations that were codified
after the NPRM was published.
    This final rule requires States to comply with the Manual (Release
5.2.0) by January 30, 2012. The Agency believes the standard 3-year
phase-in period is unnecessary because, under the modernization plan,
the States are currently working to pass required implementing
legislation, modify their information systems to comply with the new
modernized CDLIS, begin recording the medical examiner's certificate
information onto the CDLIS driver record, and make that information
available from the CDLIS driver record beginning on January 30, 2012.

VII. Regulatory Analyses

Executive Order 12866 (Regulatory Planning and Review), Executive Order
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures

    This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563 (76 FR 3821, Jan. 21, 2011),
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Agency does not believe
implementing this rule will create new costs or cause an adverse
economic impact on the industry or the public. Therefore, a full
regulatory evaluation is unnecessary.
    This final rule is directed to SDLAs. It will merely incorporate
the CDLIS State Procedures Manual (Release 5.2.0). Separate regulations
require States to comply with the substantive requirements of the
Manual(Release 5.2.0), which merely sets processes and procedures to
ensure that these other regulations are uniformly implemented. As a
result, this rule will not impose significant costs on the States.
    The only new statutory requirements that are addressed in the
Manual are related to the merging of the medical examiner's certificate
into the CDLIS driver record and those listed in the May 2, 2006
Federal Register notice detailing the plan to modernize CDLIS. The
costs associated with the implementation of the new medical examiner's
certificate requirements were addressed in the final rule on ``Medical
Certification Requirements as Part of the CDL,'' published on December
1, 2008 (72 FR 73096). The costs associated with the modernization of
CDLIS were addressed in the ``CDLIS Modernization Plan,'' published on
May 2, 2006 (71 FR 25885).

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
Federal agencies to determine whether rules could have a significant
economic impact on a substantial number of small entities. This rule
will primarily affect States and their processes and procedures for
maintaining electronic driver history records. Consequently, I certify
that this action will not have a significant economic impact on a
substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This rulemaking does not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et
seq.), that will result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $141.3
million (which is the value of $100 million in 2010 after adjusting for
inflation) or more in any 1 year.

Executive Order 12988 (Civil Justice Reform)

    This final rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    FMCSA analyzed this action under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. The
Agency determined that this rule will not create an environmental risk
to health or safety that may disproportionately affect children.

Executive Order 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with Executive Order
12630, Governmental Actions and Interference With Constitutionally
Protected Property Rights, and has determined it will not affect a
taking of private property or otherwise have taking implications.

Executive Order 13132 (Federalism)

    FMCSA analyzed this final rule in accordance with the principles
and criteria of Executive Order 13132, ``Federalism,'' and has
determined that it does not have federalism implications.
    The Federalism Executive Order applies to ``policies that have
federalism implications,'' which is defined as regulations and other
actions that 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
government.'' Sec. 1(a). Further, Section 3(b) of the Federalism Order
provides that ``[n]ational action limiting the policymaking discretion
of the States shall be taken only where there is constitutional and
statutory authority for the action and the national activity is
appropriate in light of the presence of a problem of national
significance.''
    The final rule amends the CDL program authorized by CMVSA. States
have been issuing CDLs in accordance with Federal standards for over
two decades. The CDL program does not have preemptive effect because it
is voluntary. States may withdraw at any time, although doing so would
result in the loss of certain Federal-aid highway funds pursuant to 49
U.S.C. 31314. Because this rule makes only small, though numerous,
incremental changes to the requirements already imposed on
participating States, FMCSA has determined that it does not have
substantial direct effects on the States, on the relationship between
the Federal and State governments, or on the distribution of power and
responsibilities among the various levels of government.

Privacy Impact Assessment

    Section 522 of title I of division H of the Consolidated
Appropriations Act,

2005, enacted December 8, 2004 (Pub. L. 108-447, 118 Stat. 2809, 3268,
5 U.S.C. 552a note) requires the Agency to conduct a privacy impact
assessment (PIA) of a regulation that will affect the privacy of
individuals. This rule requires States to adopt uniform processes and
procedures to maintain electronic driver history records in CDLIS, but
does not require the collection of PII.
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency which receives records contained in a system
of records from a Federal agency for use in a matching program. The
CDLIS records, however, are not transferred from FMCSA to the States;
they are created and maintained by the States. FMCSA has determined
this rule will not result in a new or revised Privacy Act System of
Records for FMCSA.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this program.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor, or require through regulations. FMCSA has determined
that this final rule does not affect a currently-approved information
collection covered by the OMB Control No. 2126-0011 titled,
``Commercial Driver Licensing and Test Standards'' or create the need
for any new information collection.

National Environmental Policy Act and Clean Air Act

    FMCSA analyzed this rule in accordance with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). The
Agency has determined under its environmental procedures Order 5610.1,
published March 1, 2004 in the Federal Register (69 FR 9680), that this
action is categorically excluded (CE) from further environmental
documentation under Appendix 2, Paragraph 6(s) and (t) of the Order (69
FR 9703). That CE relates to regulations regarding the CDL and related
activities to assure CDL information is exchanged between States. In
addition, the Agency believes this rule includes no extraordinary
circumstances that will have any effect on the quality of the
environment. Thus, the action does not require an environmental
assessment or an environmental impact statement.
    FMCSA also analyzed this rule under the Clean Air Act, as amended
(CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing
regulations promulgated by the Environmental Protection Agency.
Approval of this action is exempt from the CAA's general conformity
requirement since it does not affect direct or indirect emissions of
criteria pollutants.

Executive Order 13211 (Energy Effects)

    FMCSA has analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution or Use. The Agency has determined that it is not a
``significant energy action'' under that Executive Order because it is
not economically significant and is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.

List of Subjects in 49 CFR Part 384

    Administrative practice and procedure, Highway safety,
Incorporation by reference, and Motor carriers.

    For the reasons set forth in the preamble, FMCSA amends part 384 of
title 49, Code of Federal Regulations (49 CFR part 384) as follows:

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

0
1. The authority citation for part 384 continues to read as follows:

    Authority:  49 U.S.C. 31136, 31301 et seq., and 31502; secs. 103
and 215 of Pub. L. 106-159, 113 Stat. 1753, 1767; and 49 CFR 1.73.

0
2. Revise Sec.  384.107(b) to read as follows:

Sec.  384.107  Matter incorporated by reference.

* * * * *
    (b) Materials incorporated. The AAMVA ``Commercial Driver's License
Information System (CDLIS) State Procedures Manual,'' Release 5.2.0,
February 2011, incorporation by reference approved for Sec. Sec.
384.225 and 384.231.
* * * * *

0
3. Revise Sec.  384.301 to add a new paragraph (g) to read as follows:

Sec.  384.301  Substantial compliance--general requirements.

* * * * *
    (g) A State must come into substantial compliance with the
requirements of subpart B of this part, which is effective as of
December 5, 2011, as soon as practicable, but not later than January
30, 2012.

    Issued on: October 14, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-28517 Filed 11-3-11; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: March 23, 2010 (Volume 75, Number 55)]
[Notices]
[Page 13774]
[DOCID:fr23mr10-84]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2009-0001]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request, OMB No. 1660-NEW; FEMA Preparedness Grants:
Urban Areas Security Initiative (UASI) Nonprofit Security Grant Program
(NSGP)

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice; 30-day notice and request for comments; new information
collection; OMB No. 1660-NEW; FEMA Form 089-25, NSGP Investment
Justification and Selection Criteria; FEMA Form 089-24, NSGP State--
UAWG Prioritization of Investment Justification.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) has submitted
the information collection abstracted below to the Office of Management
and Budget for review and clearance in accordance with the requirements
of the Paperwork Reduction Act of 1995. The submission describes the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before April 22, 2010.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director, Office
of Records Management, 1800 South Bell Street, Arlington, VA 20598-
3005, facsimile number<PHONE_NUMBER>, or e-mail address FEMA-
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Collection of Information

    Title: FEMA Preparedness Grants: Urban Areas Security Initiative
(UASI) Nonprofit Security Grant Program (NSGP).
    Type of information collection: New information collection.
    OMB Number: 1660-NEW.
    Form Titles and Numbers: FEMA Form 089-25, NSGP Investment
Justification and Selection Criteria; FEMA Form 089-24, NSGP State--
UAWG Prioritization of Investment Justification.
    Abstract: The NSGP is an important tool among a comprehensive set
of measures to help strengthen the Nation against risks associated with
potential terrorist attacks. FEMA uses the information to evaluate
applicants' familiarity with the national preparedness architecture and
identify how elements of this architecture have been incorporated into
regional/State/local planning, operations, and investments. Information
collected provides narrative details on proposed activities
(Investments) that will be accomplished with grant funds and
prioritizes the list of applicants from each requesting State. This
program is designed to promote coordination and collaboration in
emergency preparedness activities among public and private community
representatives, State and local government agencies, and Citizen Corps
Councils.
    Affected Public: Not-for-profit Institutions; State, Local or
Tribal Government.
    Estimated Number of Respondents: 733.
    Frequency of Response: On occasion.
    Estimated Average Hour Burden per Respondent: 160 hours. The
estimated average hour burden per respondent has changed since
publication of the 60-day Federal Register Notice at 74 FR 59235, Nov.
17, 2009.
    Estimated Total Annual Burden Hours: 61,525 hours. The estimated
total average burden hours has changed since publication of the 60-day
Federal Register Notice at 74 FR 59235, Nov. 17, 2009.
    Estimated Cost: There is no annual reporting or recordkeeping costs
associated with this collection.

    Dated: March 16, 2010.
Larry Gray,
Director, Records Management Division, Mission Support Bureau, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2010-6352 Filed 3-22-10; 8:45 am]
BILLING CODE 9111-78-P


[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Rules and Regulations]
[Pages 48419-48420]
[FR Doc No: 2017-22639]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0257]

Drawbridge Operation Regulation; Delaware River, Pennsauken
Township, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for
comments.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the DELAIR Memorial Railroad Bridge
across the Delaware River, mile 104.6, at Pennsauken Township, NJ. This
deviation will test the remote operation capability of the drawbridge
to determine whether the bridge can be safely operated from a remote
location. This deviation will allow the bridge to be remotely operated
from the Conrail South Jersey dispatch center in Mount Laurel, NJ,
instead of being operated by an on-site bridge tender.

DATES: This deviation is effective from 8 a.m. on October 21, 2017
through 7:59 a.m. on April 19, 2018.
    Comments and related material must reach the Coast Guard on or
before January 15, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0257 using Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section below for
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this test
deviation, call or email Mr. Hal R. Pitts, Fifth Coast Guard District
(dpb); telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background, Purpose and Legal Basis

    On April 12, 2017, we published a notice in the Federal Register
entitled, ``Drawbridge Operation Regulation; Delaware River, Pennsauken
Township, NJ'' announcing a temporary deviation from the regulations,
with request for comments (see 82 FR 17562). The purpose of the
deviation was to test the newly installed remote operational
capabilities of the DELAIR Memorial Railroad Bridge across the Delaware
River, mile 104.6, at Pennsauken Township, NJ, owned and operated by
Conrail Shared Assets. The installation of the remote capabilities did
not change the operational schedule of the bridge.\1\
---------------------------------------------------------------------------

    \1\ A full description of the remote operational system is
outlined in the aforementioned publication, which can be found at
http://regulations.gov. (see ADDRESSES for more information).
---------------------------------------------------------------------------

    During the initial test deviation performed from 8 a.m. on April
24, 2017, through 7:59 a.m. on October 21, 2017, the bridge owner
identified deficiencies in the remote operation center procedures,
bridge to vessel communications, and equipment redundancy. Comments
concerning these deficiencies were submitted to the docket and provided
to the Coast Guard and bridge owner by representatives from the
Mariners' Advisory Committee for the Bay and River Delaware.
    During the initial test deviation, we also published a notice of
proposed rulemaking (NPRM) in the Federal Register, entitled,
``Drawbridge Operation Regulation; Delaware River, Pennsauken Township,
NJ'' (see 82 FR 29800). In the NPRM, we stated that we are proposing to
modify the operating regulation that governs the DELAIR

Memorial Railroad Bridge across the Delaware River, mile 104.6, at
Pennsauken Township, NJ. This proposed regulation would allow the
bridge to be remotely operated from the Conrail South Jersey dispatch
center in Mount Laurel, NJ, instead of being operated by an on-site
bridge tender. In the NPRM, we also stated we would not change the
operating schedule of the bridge. The comment period for the notice and
NPRM closed on August 18, 2017, and we received a total of fourteen
comments. The Coast Guard will adjudicate all comments at the
completion of this test.
    The bridge owner implemented policies and provided training to
address the procedural and communications deficiencies and implemented
backup systems to mitigate potential equipment and systems failures.
These changes were not fully evaluated during the test deviation ending
October 21, 2017. Therefore, the Coast Guard has decided to issue a
second test deviation to complete the evaluation of the changes
incorporated into the remote operation system.
    This test deviation will commence at 8 a.m. on October 21, 2017,
and conclude at 7:59 a.m. on April 19, 2018. During the test deviation,
a bridge tender will be stationed on-site at the bridge and will be
able to immediately take local control of the bridge, as required.
    The Coast Guard will also inform the users of the waterways through
our Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessel operators can arrange their
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
normal local operation at the end of the effective period of this
temporary deviation. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

II. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this notice as being available in this
docket and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

    Dated: October 13, 2017.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2017-22639 Filed 10-17-17; 8:45 am]
 BILLING CODE 9110-04-P


Figure 1 summarizes leak rates for commercial refrigeration equipment based on the SCAQMD data for 1722 pieces equipment in 2004 and 2005.

Figure 2 summarizes leak rates for comfort cooling equipment based on the SCAQMD data for 2701 pieces equipment in 2004 and 2005.

Figure 3 summarizes leak rates for industrial process refrigeration equipment based on the SCAQMD data for 349 pieces equipment in 2004 and 2005.


[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Page 63081]
[FR Doc No: 2021-24967]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE:  2:00 p.m. on Thursday, November 18, 2021.

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: November 10, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021-24967 Filed 11-10-21; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register: May 1, 2007 (Volume 72, Number 83)]
[Notices]
[Page 23861]
[DOCID:fr01my07-100]

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

SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold the following meeting during the week
of April 30, 2007:
    A Closed Meeting will be held on Thursday, May 3, 2007 at 2 p.m.
    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 may also be
present.
    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), (4), (5), (7), (8), (9)(B), and (10) and 17 CFR
200.402(a)(3), (4), (5), (7), (8), 9(ii) and (10), permit consideration
of the scheduled matters at the Closed Meeting.
    Commissioner Casey, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
May 3, 2007 will be:
    Formal orders of investigations;
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings of an
enforcement nature;
    Regulatory matters regarding financial institutions; an
adjudicatory matter; and
    Other matters related to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact: The Office of the
Secretary at<PHONE_NUMBER>.

    Dated: April 26, 2007.
Nancy M. Morris,
Secretary.
[FR Doc. E7-8309 Filed 4-30-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 143 (Thursday, July 25, 2019)]
[Notices]
[Page 35892]
[FR Doc No: 2019-15771]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86414; File No. SR-NYSEArca-2019-38]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change, as Modified by Amendments No. 1 and No. 2, Regarding
Investments of the Aware Ultra-Short Duration Enhanced Income ETF

July 19, 2019.
    On May 15, 2019, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) \1\ of the Securities Exchange Act of 1934 (``Act'')
\2\ and Rule 19b-4 thereunder,\3\ a proposal to change the listing rule
applicable to shares of the Aware Ultra-Short Duration Enhanced Income
ETF, a series of the Tidal ETF Trust. The proposed rule change was
published for comment in the Federal Register on June 4, 2019.\4\ On
July 8, 2019, the Exchange filed Amendment No. 1 to the proposed rule
change, which amended and superseded the original filing in its
entirety. On July 10, 2019, the Exchange filed Amendment No. 2 to the
proposed rule change, which amended the proposed rule change as
modified by Amendment No. 1. The Commission has received no comments on
the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ See Securities Exchange Act Release No. 85955 (May 29,
2019), 84 FR 25863.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \5\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding, or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is July 19, 2019. The Commission is extending this 45-day time period.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider the proposal. Accordingly, the Commission,
pursuant to Section 19(b)(2) of the Act,\6\ designates September 2,
2019, as the date by which the Commission shall either approve or
disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change (File No. SR-NYSEArca-2019-38), as
modified by Amendments No. 1 and No. 2.
---------------------------------------------------------------------------

    \6\ Id.
    \7\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-15771 Filed 7-24-19; 8:45 am]
BILLING CODE 8011-01-P