[Federal Register Volume 82, Number 58 (Tuesday, March 28, 2017)]
[Notices]
[Pages 15404-15407]
[FR Doc No: 2017-06083]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80300; File No. SR-CTA/CQ-2017-02]

Consolidated Tape Association; Notice of Filing and Immediate
Effectiveness of the Twenty-Second Charges Amendment to the Second
Restatement of the CTA Plan and the Thirteenth Charges Amendment to the
Restated CQ Plan

March 23, 2017.
    Pursuant to Section 11A of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 608 thereunder,\2\ notice is hereby given that
on March 2, 2017, the Consolidated Tape Association (``CTA'') Plan
participants (``Participants'') \3\ filed with the Securities and
Exchange Commission (``Commission'') a proposal to amend the Second
Restatement of the CTA Plan and the Restated Consolidated Quotation
(``CQ'') Plan (``Plans'').\4\ These amendments represent the twenty-
second Charges Amendment to the CTA Plan and the thirteenth Charges
Amendment to the CQ Plan (``Amendments''). The Amendments seek to amend
the Plans' fee schedule as well as the non-display use policy to
clarify the applicability on the non-display fee, the device fee, and
the access fee.
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    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The Participants are: BATS Exchange, Inc., BATS-Y Exchange,
Inc., Chicago Board Options Exchange, Inc., Chicago Stock Exchange,
Inc., EDGA Exchange, Inc., EDGX Exchange, Inc., Financial Industry
Regulatory Authority, Inc., International Securities Exchange, LLC,
Investors' Exchange LLC, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX, Inc.,
Nasdaq Stock Market LLC, National Stock Exchange, New York Stock
Exchange LLC, NYSE MKT LLC, and NYSE Arca, Inc.
    \4\ See Securities Exchange Act Release Nos. 10787 (May 10,
1974), 39 FR 17799 (May 20, 1974) (declaring the CTA Plan
effective); 15009 (July 28, 1978), 43 FR 34851 (August 7, 1978)
(temporarily authorizing the CQ Plan); and 16518 (January 22, 1980),
45 FR 6521 (January 28, 1980) (permanently authorizing the CQ Plan).
The most recent restatement of both Plans was in 1995. The CTA Plan,
pursuant to which markets collect and disseminate last sale price
information for non-NASDAQ listed securities, is a ``transaction
reporting plan'' under Rule 601 under the Act, 17 CFR 242.601, and a
``national market system plan'' under Rule 608 under the Act, 17 CFR
242.608. The CQ Plan, pursuant to which markets collect and
disseminate bid/ask quotation information for listed securities, is
a ``national market system plan'' under Rule 608 under the Act, 17
CFR 242.608.
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    The Commission is publishing this notice to solicit comments from
interested persons on the proposed Amendments.

I. Rule 608(a)

A. Purpose of the Amendments

1. Background
    In October 2014, the Participants amended the Plans' fee schedules
to establish fees for non-display uses of data and to reduce the device
fees assessed on professional subscribers.\5\ In so doing, the
Participants determined that such a change provided an equitable
allocation of fees to the industry that would reflect the value of non-
display data usage (subject to the non-display fees) versus display
data usage (subject to the lower device fees). At that time, non-
display use was defined as consisting of accessing, processing, or
consuming real-time Network A or Network B quotation information or
last sale price information, whether delivered via direct and/or
redistributor data feeds, for a purpose other than in support of a data
recipient's display or further internal or external distribution. The
Participants established three categories of non-display uses of market
data:
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    \5\ See Securities Exchange Act Release No. 73278 (October 1,
2014), 79 FR 60536 (October 7, 2014) (``October 2014 Non-Display
Filing'').
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     Category 1 applies when a data recipient makes non-display
uses of real-time market data on its own behalf.
     Category 2 applies when a data recipient makes non-display
uses of real-time market data on behalf of its clients.
     Category 3 applies when a data recipient makes non-display
uses of real-time market data for the purpose of internally matching
buy and sell orders within an organization.
    Data recipients can be charged for each of the three categories of
non-display uses. Category 3 is the only non-display fee that can be
charged multiple times; a data recipient would be charged for each ATS,
exchange, or ECN operated by the data recipient. In the October 2014
Non-Display Filing, the Participants also provided the following non-
exhaustive list of examples of non-display use:
     Any trading in any asset class;
     Automated order or quote generation and/or order pegging;
     Price referencing for algorithmic trading;
     Price referencing for smart order routing;
     Operations control programs;
     Investment analysis;
     Order verification;
     Surveillance programs;
     Risk management;
     Compliance; and
     Portfolio valuation.

    The Participants propose to clarify that any use of data that does
not make the data visibly available to the data recipient on a device
should be considered non-display use. When a data recipient is using
data solely for display purposes, the data recipient will only be
charged the device fee.\6\ As a result, the Participants believe it
would be beneficial to provide additional clarification regarding the
definition of non-display use to resolve any ambiguity.
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    \6\ A data recipient can be charged both the non-display fee and
the device fee. For instance, a data recipient may be displaying
data on a device and also using data to operate an ATS. In such
instances, the data recipient would be charged both a device fee and
a non-display fee (the data recipient would also be charged an
access fee due to its non-display use, as described below).
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    The Participants further propose to clarify that a data recipient
is subject to the access fee when the data it is receiving is used for
non-display, or can be manipulated and disseminated to other devices
even if the data is also displayed on a device. As described below, the
Participants are amending the Plans' fee schedules to clarify the
applicability of the access fee.
2. Amended Definition of Non-Display Use
    The Participants are proposing to amend the definition of ``Non-
Display Use'' in footnote eight of the Plans' fee schedules to
explicitly state that any use of data that does not make data visibly
available to a data recipient on a device is a Non-Display Use. The
Participants are proposing to make a parallel amendment to footnote two
of the Plans' fee schedules to state that the device fee will only be
applicable where the data is visibly available to the data recipient;
any other data use on a device will be considered Non-Display Use.\7\
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    \7\ In addition to the amendments outlined in this transmittal
letter, the Participants are making non-substantive edits to correct
capitalization in the Plans' fee schedules.
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    In the October 2014 Non-Display Filing, the Participants recognized
the relative values of non-display versus display data usage. With the
proliferation of automated and algorithmic trading, non-display devices
consume large amounts of data and are critical to a firm's businesses.
The black boxes and application programming interfaces utilized by
these firms process data far more quickly, and as a result, the
relative value between non-display and display data usage is
pronounced. The disparity in value between non-display and display data
usage led the Participants to decrease the professional subscriber
device charges in the October 2014 Non-Display Filing while
establishing the non-display fees. However, if data is used for non-
display purposes, but is subject to the device fee and not the non-
display fee, such interpretation would disrupt the balance struck by
the Participants in setting the fees.
    The Participants believe that amending the language of the fee
schedule will create a clear understanding of when the non-display fee
is applicable and therefore effectuate the change originally
contemplated by the October 2014 Non-Display Filing. To notify data
recipients of the amended definition, the Participants will be updating
the CTA Market Data Non-Display Use Policy. The CTA Market Data Non-
Display Use Policy describes the applicability of the non-display fee
to specific uses of real-time Network A and Network B last sale
information and quotation information. The CTA Market Data Non-Display
Use Policy currently reflects the applicability of the non-display fee
as established by the October 2014 Non-Display Filing. The Participants
are amending this policy to include the updated definition of Non-
Display Use as reflected in the Plans' amended fee schedules. The CTA
Market Data Non-Display Use Policy is also being updated to specify
that Redistributors that provide market data to their customers and/or
data recipients who use the data for Non-Display Use must submit a data
feed request to the administrator, and must require that the customers
and data recipients of such market data complete the necessary
documentation for the data feed request.
    The Participants are also amending footnote two and footnote eight
of the Plans' fee schedules to make clear that the Participants reserve
the right to make the sole determination as to whether a data
recipient's use is subject to the non-display fee or the device fee
and, if subject to the non-display fee, the category of such Non-
Display Use.
3. Access Fee Applicability
    The Participants are amending footnote ten of the Plans' fee
schedules to clarify when the access fee is applicable. Access fees are
charged to those who obtain Network A and Network B data feeds. The
Participants are not proposing to modify the current access fees.
Instead, the Participants are proposing to clarify in the Plans' fee
schedules that the access fee is applicable if: (1) The data recipient
uses the data for non-display; or (2) the data recipient receives the
data in such a manner that the data can be manipulated and disseminated
to one or more devices, display or otherwise, regardless of encryption
or instructions from the redistribution vendor regarding who has
authorized access to the data.
    As discussed above, the device fee is applicable when data is
displayed only. However, if the data is also used for non-display or
can be manipulated and disseminated, the data recipient is subject to
the access fee. For example, a data recipient may be receiving data to
display on a device. In addition to being displayed on the device, if
the data recipient is also able to manipulate the data via a
calculation to create additional data and distribute the end result
data to other users in a display format or for non-display use, that
data recipient should also be subject to the access fee. In such case,
even if the data recipient is reporting use for display purposes and is
subject to the device fee, if the data is being manipulated and
disseminated, that data recipient should also be subject to an access
fee and any applicable additional device fees or non-display use fee,
as may be applicable for that data recipient's use of the data. As with
the proposed amendments to the fee schedule described above, this
proposed clarification to the access fee is designed to address that
the manner by which a data recipient uses the data drives which fees
apply.

B. Governing or Constituent Documents

    Not applicable.

C. Implementation of the Amendments

    Pursuant to Rule 608(b)(3)(i) under Regulation NMS, the
Participants have designated the proposed clarification as establishing
or changing fees and are submitting the amendment for immediate
effectiveness.

D. Development and Implementation Phases

    See Item C above.

E. Analysis of Impact on Competition

    The Amendments proposed herein do not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Additionally, the Participants do not believe that
the proposed amendments introduce terms that are unreasonably
discriminatory for the purposes of Section 11A(c)(1)(D) of the Act. The
Participants have submitted this amendment to simply clarify the
applicability of the non-display fees established in the October 2014
Non-Display Filing. The Amendments proposed herein will allow data
recipients to understand whether a given use will be subject to the
non-display fee, the device fee, or the access fee, or a combination of
these fees.

    As explained in the October 2014 Non-Display Filing, the non-
display fees were established to comport with the proliferation of the
use of data for dark pools and other non-display trading applications.
In conjunction with the establishment of non-display fees, the
Participants reduced the rates for professional subscriber devices in
hopes of fostering the widespread availability of real-time market
data. At the same time, the non-display fees allowed those who make
non-display uses of data to make appropriate contributions to the costs
of collecting, processing, and redistributing the data. The
clarification proposed herein maintains the balance struck by the
Participants in reducing the device fee while establishing the non-
display fees.
    Additionally, the Participants believe that the Amendments will
have a positive effect on competition because the Amendments will
ensure that different vendors are classifying their customer's usage in
the same manner. A vendor would gain a competitive advantage if they
were willing to incorrectly classify a customer's use as subject to the
lower device fee rather than the non-display fee. By eliminating the
ambiguity in the Plans' fee schedules, the Participants believe that
all vendors will be subjected to and subject their customers to the
similar fees for similar uses of data.

F. Written Understanding or Agreements Relating to Interpretation of,
or Participation in, Plan

    As previously stated, the Participants have amended the CTA Market
Data Non-Display Use Policy to implement the proposed Amendments. A
copy of the changes to the Non-Display Use Policy is attached to the
Amendment.

G. Approval by Sponsors in Accordance With Plan

    Section XII (b)(iii) of the CTA Plan provides that ``[a]ny addition
of any charge to . . . the charges set forth in Exhibit E . . . shall
be effected by an amendment to this CTA Plan . . . that is approved by
affirmative vote of not less than two-thirds of all of the then voting
members of CTA. Any such amendment shall be executed on behalf of each
Participant that appointed a voting member of CTA who approves such
amendment and shall be filed with the SEC.'' Further, Section
IX(b)(iii) of the CQ Plan provides that ``additions, deletions, or
modifications to any charges under this CQ Plan shall be effected by an
amendment . . . that is approved by affirmative vote of two-thirds of
all the members of the Operating Committee.''
    The Participants have executed this Amendment and represent not
less than two-thirds of all of the parties to the Plan. That satisfies
the Plans' Participant-approval requirements

H. Description of Operation of Facility Contemplated by the Proposed
Amendments

    Not applicable.

I. Terms and Conditions of Access

    Not applicable.

J. Method of Determination and Imposition, and Amount of, Fees and
Charges

    The Participants believe that the proposed fee is fair and
reasonable and provides for an equitable allocation of dues, fees, and
other charges among vendors, data recipients and other persons. As
previously stated, the Amendments proposed herein simply clarify the
amendments to fees set forth in the October 2014 Non-Display Filing and
ensure that the relative value of non-display versus display data usage
is reflected in the fees charged for such uses.
    The Participants have consulted with members of the industry
regarding the proposed fee amendments contained herein.

K. Method and Frequency of Processor Evaluation

    Not applicable.

L. Dispute Resolution

    Not applicable.

II. Rule 601(a)

A. Equity Securities for Which Transaction Reports Shall Be Required by
the Plan

    Not applicable.

B. Reporting Requirements

    Not applicable.

C. Manner of Collecting, Processing, Sequencing, Making Available and
Disseminating Last Sale Information

    Not applicable.

D. Manner of Consolidation

    Not applicable.

E. Standards and Methods Ensuring Promptness, Accuracy and Completeness
of Transaction Reports

    Not applicable

F. Rules and Procedures Addressed to Fraudulent or Manipulative
Dissemination

    Not applicable.

G. Terms of Access to Transaction Reports

    Not applicable.

H. Identification of Marketplace of Execution

    Not applicable.

III. Solicitation of Comments

    The Commission seeks general comments on the Amendments. Interested
persons are invited to submit written data, views, and arguments
concerning the foregoing, including whether the proposed Amendments are
consistent with the Act. Comments may be submitted by any of the
following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CTA/CQ-2017-02 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CTA/CQ-2017-02. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the Amendments that are filed with
the Commission, and all written communications relating to the
Amendments between the Commission and any person, other than those that
may be withheld from the public in accordance with the provisions of 5
U.S.C. 552, will be available for Web site viewing and printing in the
Commission's Public Reference Room on official business days between
the hours of 10:00 a.m. and 3:00 p.m. Copies of the Amendments also
will be available for inspection and copying at the principal office of
the CTA.
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-CTA/CQ-2017-02
and should be submitted on or before April 18, 2017.

    By the Commission.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-06083 Filed 3-27-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: April 6, 2006 (Volume 71, Number 66)]
[Notices]
[Page 17465-17466]
[DOCID:fr06ap06-69]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Application for Transfer of License, and Soliciting
Comments, Motions To Intervene, and Protests

March 30, 2006.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Application Type: Transfer of License.
    b. Project No.: 12379-018.
    c. Date Filed: March 23, 2006.
    d. Applicants: Lake Dorothy Hydro, Inc. (Transferor); Alaska
Electric Light and Power Company (Transferee).
    e. Name and Location of Project: The Lake Dorothy Hydroelectric
Project is located at Lake Dorothy on Dorothy Creek, near Juneau Alaska
and occupies lands of the Tongass National Forest.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    g. Applicant Contacts: For the Transferor: Corry V. Hildenbrand,
President, Lake Dorothy Hydro, Inc., 5601 Tonsgard Court, Juneau, AK,
(907) 463-6320.
    Transferee: Tim McLeod, President, Alaska Electric Light & Power
Company, 5601 Tonsgard Court, Juneau, AK, 99801,<PHONE_NUMBER>.
    h. FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>.
    i. Deadline for filing comments, protests, and motions to
intervene: April 17, 2006.
    All documents (original and eight copies) should be filed with:
Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.

Comments, protests, and interventions may be filed electronically via
the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's web site under the ``e-Filing'' link.
The Commission strongly encourages electronic filings. Please include
the Project Number on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing a document with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the documents on that resource agency.
    j. Description of Application: The Applicants seek Commission
approval to transfer the license for the Lake Dorothy Hydroelectric
Project from Lake Dorothy Hydro, Inc. to Alaska Electric Light & Power
Company.
    k. This filing is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket

number (P-12379) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the addresses in item
g above.
    l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    n. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'', as applicable, and the Project Number of the
particular application to which the filing refers. Any of the above-
named documents must be filed by providing the original and eight
copies to: The Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. A copy of any motion to
intervene must also be served upon each representative of the
Applicants specified in the particular application.
    o. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicants.
If an agency does not file comments within the time specified for
filing comments, it will be presumed to have no comments. One copy of
an agency's comments must also be sent to the Applicants'
representatives.

Magalie R. Salas,
Secretary.
[FR Doc. E6-4965 Filed 4-5-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 152 (Wednesday, August 9, 2017)]
[Notices]
[Pages 37200-37201]
[FR Doc No: 2017-16757]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC17-147-000.
    Applicants: SunE Beacon Site 2 LLC, SunE Beacon Site 5 LLC.
    Description: Application for Authorization under Section 203 of the
Federal Power Act and Requests for Confidential Treatment, Expedited
Consideration, and Waivers of SunE Beacon Site 2 LLC, et. al.
    Filed Date: 8/1/17.
    Accession Number: 20170801-5262.
    Comments Due: 5 p.m. ET 8/22/17.

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

    Docket Numbers: ER10-2265-013; ER10-1581-019; ER10-2262-007; ER10-
2346-009; ER10-2353-009; ER10-2355-009; ER10-2783-014; ER10-2784-014;
ER10-2795-014; ER10-2798-014; ER10-2799-014;

ER10-2801-014; ER10-2875-014; ER10-2878-014; ER10-2879-014; ER10-2880-
014; ER10-2896-014; ER10-2913-014; ER10-2947-014; ER10-2969-014; ER10-
3223-008; ER11-2062-022; ER11-2107-013; ER11-2108-013; ER11-2508-021;
ER11-2805-021; ER11-2863-011; ER11-4307-022; ER11-4308-022; ER11-4351-
009; ER12-261-021; ER13-1745-009; ER13-1788-009; ER13-1789-009; ER13-
1801-009; ER13-1802-009; ER13-1965-012; ER14-1818-013; ER16-10 002.
    Applicants: NRG Power Marketing LLC, Arthur Kill Power LLC, Astoria
Gas Turbine Power LLC, Boston Energy Trading and Marketing LLC,
Conemaugh Power LLC, Connecticut Jet Power LLC, Devon Power LLC,
Dunkirk Power LLC, El Segundo Power, LLC, Energy Plus Holdings LLC,
Forward WindPower LLC, GenOn Energy Management, LLC, GenOn Mid-
Atlantic, LLC, Green Mountain Energy Company, Independence Energy Group
LLC, Indian River Power LLC, Keystone Power LLC, Lookout Windpower,
LLC, Middletown Power LLC, Midwest Generation, LLC, Montville Power
LLC, NEO Freehold-Gen LLC, North Community Turbines LLC, North Wind
Turbines LLC, NRG Bowline LLC, NRG Canal LLC, NRG Chalk Point CT LLC,
NRG Chalk Point LLC, NRG Energy Center Dover LLC, NRG Energy Center
Paxton LLC, NRG Power Midwest LP, NRG REMA LLC, NRG Wholesale
Generation LP, Oswego Harbor Power LLC, Pinnacle Wind, LLC, Reliant
Energy Northeast LLC, RRI Energy Services, LLC, Vienna Power LLC, Long
Beach Peakers LLC.
    Description: Supplement to June 28, 2017 Updated Market Power
Analysis of the NRG Northeast MBR Sellers.
    Filed Date: 8/1/17.
    Accession Number: 20170801-5273.
    Comments Due: 5 p.m. ET 8/22/17.

    Docket Numbers: ER17-2218-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Revisions to PJM-MISO JOA
re: Implementation/Operation of Pseudo-Ties to be effective 10/1/2017.
    Filed Date: 8/1/17.
    Accession Number: 20170801-5217.
    Comments Due: 5 p.m. ET 8/22/17.

    Docket Numbers: ER17-2219-000.
    Applicants: System Energy Resources, Inc.
    Description: Baseline eTariff Filing: UPSA Amendment to be
effective 10/1/2017.
    Filed Date: 8/1/17.
    Accession Number: 20170801-5224.
    Comments Due: 5 p.m. ET 8/22/17.

    Docket Numbers: ER17-2220-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2017-08-01_MISO-PJM JOA
revisions to improve administration of pseudo-ties to be effective 10/
1/2017.
    Filed Date: 8/1/17.
    Accession Number: 20170801-5239.
    Comments Due: 5 p.m. ET 8/22/17.

    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: August 2, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-16757 Filed 8-8-17; 8:45 am]
 BILLING CODE 6717-01-P


60.117 Documentation of informed consent.
60.118 Applications and proposals lacking definite plans for
involvement of human subjects.
60.119 Research undertaken without the intention of involving human
subjects.
60.120 Evaluation and disposition of applications and proposals for
research to be conducted or supported by a Federal department or
agency.
60.121 [Reserved]
60.122 Use of Federal funds.
60.123 Early termination of research support: Evaluation of
applications and proposals.
60.124 Conditions.

    Authority:  5 U.S.C. 301; 42 U.S.C. 300v-1(b) and 3535(d).

Katherine M. O'Regan,
Assistant Secretary for Policy Development and Research, Department of
Housing and Urban Development.

DEPARTMENT OF LABOR

List of Subjects in 29 CFR Part 21

29 CFR Part 21

    Human research subjects, Reporting and record-keeping requirements,
Research.
0
For the reasons stated in the preamble, the Department of Labor adds 29
CFR part 21 as set forth at the end of the common preamble of this
document.

PART 21--PROTECTION OF HUMAN SUBJECTS

Sec.
21.101 To what does this policy apply?
21.102 Definitions for purposes of this policy.
21.103 Assuring compliance with this policy--research conducted or
supported by any Federal department or agency.
21.104 Exempt research.
21.105 [Reserved]
21.106 [Reserved]
21.107 IRB membership.
21.108 IRB functions and operations.
21.109 IRB review of research.
21.110 Expedited review procedures for certain kinds of research
involving no more than minimal risk, and for minor changes in
approved research.
21.111 Criteria for IRB approval of research.
21.112 Review by institution.
21.113 Suspension or termination of IRB approval of research.
21.114 Cooperative research.
21.115 IRB records.
21.116 General requirements for informed consent.
21.117 Documentation of informed consent.
21.118 Applications and proposals lacking definite plans for
involvement of human subjects.
21.119 Research undertaken without the intention of involving human
subjects.
21.120 Evaluation and disposition of applications and proposals for
research to be conducted or supported by a Federal department or
agency.
21.121 [Reserved]
21.122 Use of Federal funds.
21.123 Early termination of research support: Evaluation of
applications and proposals.
21.124 Conditions.

    Authority: 5 U.S.C. 301; 29 U.S.C. 551.

Christopher P. Lu,
Deputy Secretary of Labor.

DEPARTMENT OF DEFENSE

List of Subjects in 32 CFR Part 219

32 CFR Part 219

    Human research subjects, Reporting and record-keeping requirements,
Research.

0
For the reasons stated in the preamble, the Department of Defense
revises 32 CFR part 219 as set forth at the end of the common preamble
of this document.

PART 219--PROTECTION OF HUMAN SUBJECTS

Sec.
219.101 To what does this policy apply?
219.102 Definitions for purposes of this policy.
219.103 Assuring compliance with this policy--research conducted or
supported by any Federal department or agency.
219.104 Exempt research.
219.105 [Reserved]
219.106 [Reserved]
219.107 IRB membership.
219.108 IRB functions and operations.
219.109 IRB review of research.
219.110 Expedited review procedures for certain kinds of research
involving no more than minimal risk, and for minor changes in
approved research.
219.111 Criteria for IRB approval of research.
219.112 Review by institution.
219.113 Suspension or termination of IRB approval of research.
219.114 Cooperative research.
219.115 IRB records.
219.116 General requirements for informed consent.
219.117 Documentation of informed consent.
219.118 Applications and proposals lacking definite plans for
involvement of human subjects.
219.119 Research undertaken without the intention of involving human
subjects.
219.120 Evaluation and disposition of applications and proposals for
research to be conducted or supported by a Federal department or
agency.
219.121 [Reserved]
219.122 Use of Federal funds.
219.123 Early termination of research support: Evaluation of
applications and proposals.
219.124 Conditions.

    Authority: 5 U.S.C. 301; 42 U.S.C. 300v-1(b).

Stephen P. Welby,
Assistant Secretary of Defense (Research and Engineering).

DEPARTMENT OF EDUCATION

List of Subjects in 34 CFR Part 97

    Human research subjects, Reporting and record-keeping requirements,
Research.
0
For the reasons stated in the preamble, the Department of Education
amends 34 CFR part 97 as follows:

PART 97--PROTECTION OF HUMAN SUBJECTS

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

    Authority: 5 U.S.C. 301; 20 U.S.C. 1221e-3, 3474; 42 U.S.C.
300v-1(b).

0
2. Subpart A is revised as set forth at the end of the common preamble
of this document.

Subpart A--Federal Policy for the Protection of Human Subjects
(Basic ED Policy for Protection of Human Research Subjects)

Sec.
97.101 To what does this policy apply?
97.102 Definitions for purposes of this policy.
97.103 Assuring compliance with this policy--research conducted or
supported by any Federal department or agency.
97.104 Exempt research.
97.105 [Reserved]
97.106 [Reserved]
97.107 IRB membership.
97.108 IRB functions and operations.
97.109 IRB review of research.
97.110 Expedited review procedures for certain kinds of research
involving no more than minimal risk, and for minor changes in
approved research.
97.111 Criteria for IRB approval of research.
97.112 Review by institution.
97.113 Suspension or termination of IRB approval of research.
97.114 Cooperative research.
97.115 IRB records.
97.116 General requirements for informed consent.
97.117 Documentation of informed consent.
97.118 Applications and proposals lacking definite plans for
involvement of human subjects.
97.119 Research undertaken without the intention of involving human
subjects.
97.120 Evaluation and disposition of applications and proposals for
research to be conducted or supported by a Federal department or
agency.
97.121 [Reserved]
97.122 Use of Federal funds.
97.123 Early termination of research support: Evaluation of
applications and proposals.
97.124 Conditions.

John B. King Jr.,
Secretary of Education.

DEPARTMENT OF VETERANS AFFAIRS

List of Subjects in 38 CFR Part 16

38 CFR Part 16

    Human research subjects, Reporting and record-keeping requirements,
Research.
0
For the reasons stated in the preamble, the Department of Veterans
Affairs revises 38 CFR part 16 as set forth at the end of the common
preamble of this document.

PART 16--PROTECTION OF HUMAN SUBJECTS

Sec.
16.101 To what does this policy apply?
16.102 Definitions for purposes of this policy.
16.103 Assuring compliance with this policy--research conducted or
supported by any Federal department or agency.
16.104 Exempt research.
16.105 [Reserved]
16.106 [Reserved]
16.107 IRB membership.
16.108 IRB functions and operations.
16.109 IRB review of research.
16.110 Expedited review procedures for certain kinds of research
involving no more than minimal risk, and for minor changes in
approved research.
16.111 Criteria for IRB approval of research.
16.112 Review by institution.
16.113 Suspension or termination of IRB approval of research.
16.114 Cooperative research.
16.115 IRB records.
16.116 General requirements for informed consent.
16.117 Documentation of informed consent.
16.118 Applications and proposals lacking definite plans for
involvement of human subjects.
16.119 Research undertaken without the intention of involving human
subjects.
16.120 Evaluation and disposition of applications and proposals for
research to be conducted or supported by a Federal department or
agency.
16.121 [Reserved]
16.122 Use of Federal funds.
16.123 Early termination of research support: Evaluation of
applications and proposals.
16.124 Conditions.

    Authority: 5 U.S.C. 301; 38 U.S.C. 501, 7331, 7334; 42 U.S.C.
300v-1(b).

Gina S. Farrisee,
Deputy Chief of Staff, U.S. Department of Veterans Affairs.

ENVIRONMENTAL PROTECTION AGENCY

List of Subjects in 40 CFR Part 26

40 CFR Part 26

    Human research subjects, Reporting and record-keeping requirements,
Research.
0
For the reasons stated in the preamble, the Environmental Protection
Agency amends 40 CFR part 26 as follows:

 PART 26--PROTECTION OF HUMAN SUBJECTS

0
1. The authority citation for part 26 continues to read as follows:

    Authority: 5 U.S.C. 301; 7 U.S.C. 136a(a) and 136w(a)(1); 21
U.S.C. 346a(e)(1)(C); sec. 201, Pub. L. 109-54, 119 Stat. 531; and
42 U.S.C. 300v-1(b).

0
2. Subpart A is revised as set forth at the end of the common preamble
of this document.

Subpart A--Basic EPA Policy for Protection of Subjects in Human
Research Conducted or Supported by EPA

Sec.
26.101 To what does this policy apply?
26.102 Definitions for purposes of this policy.
26.103 Assuring compliance with this policy--research conducted or
supported by any Federal department or agency.
26.104 Exempt research.
26.105 [Reserved]
26.106 [Reserved]
26.107 IRB membership.
26.108 IRB functions and operations.
26.109 IRB review of research.
26.110 Expedited review procedures for certain kinds of research
involving no more than minimal risk, and for minor changes in
approved research.
26.111 Criteria for IRB approval of research.
26.112 Review by institution.
26.113 Suspension or termination of IRB approval of research.
26.114 Cooperative research.
26.115 IRB records.
26.116 General requirements for informed consent.
26.117 Documentation of informed consent.
26.118 Applications and proposals lacking definite plans for
involvement of human subjects.
26.119 Research undertaken without the intention of involving human
subjects.
26.120 Evaluation and disposition of applications and proposals for
research to be conducted or supported by a Federal department or
agency.
26.121 [Reserved]
26.122 Use of Federal funds.
26.123 Early termination of research support: Evaluation of
applications and proposals.
26.124 Conditions.

A. Stanley Meiburg,
Acting Deputy Administrator, Environmental Protection Agency.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

List of Subjects in 45 CFR Part 46

45 CFR Part 46

    Human research subjects, Reporting and record-keeping requirements,
Research.

0
For the reasons stated in the preamble, the Department of Health and
Human Services amends 45 CFR part 46 as follows:

PART 46--PROTECTION OF HUMAN SUBJECTS

0
1. The authority citation for part 46 is revised to read as follows:

    Authority:  5 U.S.C. 301; 42 U.S.C. 289(a); 42 U.S.C. 300v-1(b).

0
2. Subpart A is revised as set forth at the end of the common preamble
of this document.

Subpart A--Basic HHS Policy for Protection of Human Research
Subjects

Sec.
46.101 To what does this policy apply?
46.102 Definitions for purposes of this policy.
46.103 Assuring compliance with this policy--research conducted or
supported by any Federal department or agency.
46.104 Exempt research.
46.105 [Reserved]
46.106 [Reserved]
46.107 IRB membership.
46.108 IRB functions and operations.
46.109 IRB review of research.
46.110 Expedited review procedures for certain kinds of research
involving no more than minimal risk, and for minor changes in
approved research.
46.111 Criteria for IRB approval of research.
46.112 Review by institution.
46.113 Suspension or termination of IRB approval of research.
46.114 Cooperative research.
46.115 IRB records.
46.116 General requirements for informed consent.
46.117 Documentation of informed consent.
46.118 Applications and proposals lacking definite plans for
involvement of human subjects.
46.119 Research undertaken without the intention of involving human
subjects.
46.120 Evaluation and disposition of applications and proposals for
research to be conducted or supported by a Federal department or
agency.
46.121 [Reserved]
46.122 Use of Federal funds.
46.123 Early termination of research support: Evaluation of
applications and proposals.
46.124 Conditions.

Sylvia M. Burwell,
Secretary, HHS.

NATIONAL SCIENCE FOUNDATION

List of Subjects in 45 CFR Part 690

45 CFR Part 690

    Human research subjects, Reporting and record-keeping requirements,
Research.
0
For the reasons stated in the preamble, the National Science Foundation
revises 45 CFR part 690 as set forth at the end of the common preamble
of this document.

PART 690--PROTECTION OF HUMAN SUBJECTS

Sec.
690.101 To what does this policy apply?
690.102 Definitions for purposes of this policy.
690.103 Assuring compliance with this policy--research conducted or
supported by any Federal department or agency.
690.104 Exempt research.
690.105 [Reserved]
690.106 [Reserved]
690.107 IRB membership.
690.108 IRB functions and operations.
690.109 IRB review of research.
690.110 Expedited review procedures for certain kinds of research
involving no more than minimal risk, and for minor changes in
approved research.
690.111 Criteria for IRB approval of research.
690.112 Review by institution.
690.113 Suspension or termination of IRB approval of research.
690.114 Cooperative research.
690.115 IRB records.
690.116 General requirements for informed consent.
690.117 Documentation of informed consent.
690.118 Applications and proposals lacking definite plans for
involvement of human subjects.
690.119 Research undertaken without the intention of involving human
subjects.
690.120 Evaluation and disposition of applications and proposals for
research to be conducted or supported by a Federal department or
agency.
690.121 [Reserved]
690.122 Use of Federal funds.
690.123 Early termination of research support: Evaluation of
applications and proposals.
690.124 Conditions.

    Authority: 5 U.S.C. 301; 42 U.S.C. 300v-1(b).

Lawrence Rudolph,
General Counsel, National Science Foundation.

DEPARTMENT OF TRANSPORTATION

List of Subjects in 49 CFR Part 11

49 CFR Part 11

    Human research subjects, Reporting and record-keeping requirements,
Research.

0
For the reasons stated in the preamble, the Department of
Transportation revises 49 CFR part 11 as set forth at the end of the
common preamble of this document.

PART 11--PROTECTION OF HUMAN SUBJECTS

Sec.
11.101 To what does this policy apply?
11.102 Definitions for purposes of this policy.
11.103 Assuring compliance with this policy--research conducted or
supported by any Federal department or agency.
11.104 Exempt research.
11.105 [Reserved]
11.106 [Reserved]
11.107 IRB membership.
11.108 IRB functions and operations.
11.109 IRB review of research.
11.110 Expedited review procedures for certain kinds of research
involving no more than minimal risk, and for minor changes in
approved research.
11.111 Criteria for IRB approval of research.
11.112 Review by institution.
11.113 Suspension or termination of IRB approval of research.
11.114 Cooperative research.
11.115 IRB records.
11.116 General requirements for informed consent.
11.117 Documentation of informed consent.
11.118 Applications and proposals lacking definite plans for
involvement of human subjects.
11.119 Research undertaken without the intention of involving human
subjects.
11.120 Evaluation and disposition of applications and proposals for
research to be conducted or supported by a Federal department or
agency.
11.121 [Reserved]
11.122 Use of Federal funds.
11.123 Early termination of research support: Evaluation of
applications and proposals.
11.124 Conditions.

    Authority:  5 U.S.C. 301; 42 U.S.C. 300v-1(b).

Anthony R. Foxx,
Secretary of Transportation.
[FR Doc. 2017-01058 Filed 1-18-17; 8:45 am]
 BILLING CODE 4150-36-P


[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Notices]
[Pages 30930-30931]
[FR Doc No: 2021-12157]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 8015-012]

North Eastern Wisconsin Hydro, LLC; Notice of Application for
Temporary Amendment and Soliciting Comments, Motions To Intervene, and
Protests

    Take notice that the following hydroelectric application has been
filed

with the Commission and is available for public inspection:
    a. Application Type: Temporary amendment of exemption.
    b. Project No.: 8015-012.
    c. Date Filed: May 28, 2021.
    d. Applicant: North Eastern Wisconsin Hydro, LLC.
    e. Name of Project: Shawano Paper Mills Dam Project.
    f. Location: The project is located on the Wolf River in Shawano
County, Wisconsin.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. David Fox, Eagle Creek Renewable Energy,
2 Bethesda Metro Center, Suite 1330, Bethesda, Maryland 20814; (201)
306-5616<EMAIL_ADDRESS>    i. FERC Contact: Christopher Chaney,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and protests
is 15 days from the issuance date of this notice by the Commission.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, MD 20852. The first page of any filing should
include docket number P-8015-012. Comments emailed to Commission staff
are not considered part of the Commission record.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k. Description of Request: The exemptee requests authorization to
increase the normal target impoundment elevation from 802.5 feet mean
sea level (msl) to a target elevation of 802.9 feet msl year-round for
two years, while continuing to operate the project within the
authorized elevation range of 801.83 feet msl and 803.17 feet msl. The
exemptee states the amendment is necessary to address concerns related
to recreation and boater safety in a timely manner, while allowing time
to conduct additional consultation and studies, and prepare an
application for a permanent long-term solution.
    l. Locations of the Application: 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 website at
http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number
excluding the last three digits in the docket number field to access
the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and
issuances related to this or other pending projects. Agencies may
obtain copies of the application directly from the applicant. 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,
(866) 208-3676 or TTY,<PHONE_NUMBER>.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents: All filings must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. A copy of all other filings in reference to this
application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 385.2010.

    Dated: June 4, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-12157 Filed 6-9-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Notices]
[Page 9305]
[FR Doc No: 2018-04378]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD18-11-000]

Reliability Technical Conference; Notice of Technical Conference

    Take notice that the Federal Energy Regulatory Commission
(Commission) will hold a Technical Conference on Tuesday, July 31,
2018, from 9:00 a.m. to 5:00 p.m. This Commissioner-led conference will
be held in the Commission Meeting Room at the Federal Energy Regulatory
Commission, 888 First Street NE, Washington, DC 20426. The purpose of
the conference is to discuss policy issues related to the reliability
of the Bulk-Power System. The Commission will issue an agenda at a
later date in a supplemental notice.
    The conference will be open for the public to attend. There is no
fee for attendance. However, members of the public are encouraged to
preregister online at: https://www.ferc.gov/whats-new/registration/07-31-18-form.asp.
    Those wishing to be considered for participation in panel
discussions should submit nominations no later than close of business
on March 23, 2018 online at: https://www.ferc.gov/whats-new/registration/07-31-18-speaker-form.asp.
    Information on this event will be posted on the Calendar of Events
on the Commission's website, http://www.ferc.gov, prior to the event.
The conference will also be webcast and transcribed. Anyone with
internet access who desires to listen to this event can do so by
navigating to the Calendar of Events at http://www.ferc.gov and
locating this event in the Calendar. The event will contain a link to
the webcast. The Capitol Connection provides technical support for
webcasts and offers the option of listening to the meeting via phone-
bridge for a fee. If you have any questions, visit http://www.CapitolConnection.org or call<PHONE_NUMBER>. Transcripts of the
technical conference will be available for a fee from Ace-Federal
Reporters, Inc. at<PHONE_NUMBER>.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to [email protected] or call toll free 1 (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER>
with the required accommodations.
    For more information about this technical conference, please
contact Lodie White<PHONE_NUMBER>, [email protected]. For
information related to logistics, please contact Sarah McKinley at
(202) 502-8368, [email protected].

    Dated: February 27, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-04378 Filed 3-2-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Notices]
[Pages 22386-22387]
[FR Doc No: 2012-8895]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0041; Notice 1]

Hyundai Motor Company, Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of petition.

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

SUMMARY: Hyundai America Technical Center, Inc., on behalf of Hyundai
Motor Company (collectively referred to as ``Hyundai'') \1\ has
determined that certain model year 2011 and 2012 Hyundai Sonata Hybrid
passenger cars, do not fully comply with paragraph S<IP_ADDRESS>.2 of
Federal Motor Vehicle Safety Standard (FMVSS) No. 208, Occupant Crash
Protection. Hyundai has filed an appropriate report dated March 8,
2012, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports.
---------------------------------------------------------------------------

    \1\ Hyundai America Technical Center, Inc., is a corporation
registered under the laws of the state of Michigan.
---------------------------------------------------------------------------

    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Hyundai submitted a petition for an exemption from
the notification and remedy requirements of 49 U.S.C. Chapter 301 on
the basis that this noncompliance is inconsequential to motor vehicle
safety.
    This notice of receipt of Hyundai's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    Vehicles involved: Affected are approximately 14,728 model year
2011 and 2012 Hyundai Sonata Hybrid vehicles produced beginning on
December 2, 2010 and shipped to dealers through March 7, 2012 that are
equipped with a center rear seat belt incorporating a release mechanism
that detaches both the lap and shoulder portion at the lower anchorage
point.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, these provisions
only apply to the subject 14,728 \2\ vehicles that Hyundai no longer
controlled at the time it determined that the noncompliance existed.
---------------------------------------------------------------------------

    \2\ Hyundai's petition, which was filed under 49 CFR part 556,
requests an agency decision to exempt Hyundai as a motor vehicles
manufacturer from the notification and recall responsibilities of 49
CFR part 573 for the 14,728 affected vehicles. However, a decision
on this petition will not relieve vehicle distributors and dealers
of the prohibitions on the sale, offer for sale, introduction or
delivery for introduction into interstate commerce of the
noncompliant motor vehicles under their control after Hyundai
notified them that the subject noncompliance existed.
---------------------------------------------------------------------------

    Noncompliance: Hyundai explains that the noncompliance is that the
affected vehicles do not comply with Paragraph S<IP_ADDRESS>.2 because they
are equipped with a non-folding rear seat back and a center rear seat
belt incorporating a release mechanism that detaches both the lap and
shoulder portion at the lower anchorage point to allow improved
assembly line procedures.
    Rule text: Paragraph S<IP_ADDRESS> of FMVSS No. 208 requires in
pertinent part:

    S<IP_ADDRESS> Passenger cars manufactured on or after September 1,
2007.
    S<IP_ADDRESS>.1 Except as provided in S<IP_ADDRESS>.2, each passenger car
shall have a Type 2 seat belt assembly that conforms to Standard No.
209 and to S7.1 and S7.2 of this standard at each rear designated
seating position, except that side-facing designated seating
positions shall have a Type 1 or Type 2 seat belt assembly that
conforms to Standard No. 209 and to S7.1 and S7.2 of this standard.
    S<IP_ADDRESS>.2 Any inboard designated seating position on a seat for
which the entire seat back can be folded (including the head
restraints and any other part of the vehicle attached to the seat
back) such that no part of the seat back extends above a horizontal
plane located 250 mm above the highest SRP located on the seat may
meet the requirements of S<IP_ADDRESS>.1 by use of a belt incorporating a
release mechanism that

detaches both the lap and shoulder portion at either the upper or
lower anchorage point, but not both. The means of detachment shall
be a key or key-like object.

Summary of Hyundai's Analysis and Arguments

    Hyundai believes that the installation of a center rear seat belt
incorporating a release mechanism that detaches both the lap and
shoulder portion at the lower anchorage point in a vehicle with a
nonfolding rear seat back is inconsequential as it relates to motor
vehicle safety. The seat belt assembly complies with FMVSS No. 208
requirements and with FMVSS No. 209 requirements, with the sole
exception that it may be detached from the lower anchorage by use of a
tool, such as a key or key-like object. If the rear seat back of the
Sonata Hybrid vehicle was simply capable of being folded, which would
have no effect upon seat belt performance, this detachable aspect would
not result in a compliance issue.
    Hyundai also stated its belief that it is clear from the intended
difficulty in detaching the seat belt and the instructions contained in
the vehicle owner's manual that the seat belt should not be detached.
Further, in the Sonata Hybrid with a fixed rear seat back, there is no
advantage or reason for the owner to detach the center rear seat belt
from the lower anchorage.
    Hyundai has additionally informed NHTSA that it has corrected the
noncompliance so that all future production vehicles will comply with
FMVSS No. 208.
    With consideration of the above information, Hyundai Motor Company
does not believe that it is appropriate to conduct a recall campaign to
replace the center rear seat belts in vehicles that have been delivered
to customers.
    In summation, Hyundai believes that the described noncompliance of
its vehicles is inconsequential to motor vehicle safety, and that its
petition, to exempt from providing recall notification of noncompliance
as required by 49 U.S.C. 30118 and remedying the recall noncompliance
as required by 49 U.S.C. 30120 should be granted.
    Comments: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited at the beginning of this notice and be
submitted by any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: by logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
    Comment Closing Date: May 14, 2012.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8.

    Issued on: April 9, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-8895 Filed 4-12-12; 8:45 am]
BILLING CODE 4910-59-P