[Federal Register Volume 77, Number 21 (Wednesday, February 1, 2012)]
[Notices]
[Pages 5067-5068]
[FR Doc No: 2012-2131]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66243; File No. SR-NSX-2012-03]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Effectuate an Amendment to Its Amended and Restated Certificate of
Incorporation To Include a Reference to Section 242 of the General
Corporation Law of the State of Delaware

January 26, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 20, 2012, National Stock Exchange, Inc. filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by the Exchange. The Commission is publishing this notice
to solicit comment on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    National Stock Exchange, Inc. (``NSX[supreg]'' or ``Exchange'')
proposes to effectuate an amendment to its Amended and Restated
Certificate of Incorporation to include a reference to Section 242 of
the General Corporation Law of the State of Delaware.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant parts of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    With this rule change, the Exchange is proposing to effectuate an
amendment to its Amended and Restated Certificate of Incorporation
(``Certificate'') to include a reference to Section 242 of the General
Corporation Law of the State of Delaware (``Delaware Corporation
Law'').
    Section 242 of Delaware Corporation Law refers to amendments to
certificates of incorporation after the receipt of payment for
stock.\3\ Section 242 states that, after receipt of payment for stock,
a corporation ``may amend its certificate of incorporation * * * so
long as its certificate of incorporation as amended would contain only
such provisions as it would be lawful and proper to insert in an
original certificate of incorporation filed at the time of the filing
of the amendment.'' \4\ Amended certificates of incorporation must
explicitly reference Section 242 to be deemed acceptable for filing
with the Delaware Secretary of State.
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    \3\ 8 Del. C. 1953, 242.
    \4\ 8 Del. C. 1953, 242(a).
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    On November 28, 2011, the Exchange filed with the Commission, as
part of its Exhibit 5 to a rule filing seeking Commission approval of
the acquisition of the Exchange by CBOE Stock Exchange, LLC, a proposed
form of Certificate. The Certificate in the form

proposed was approved by the Commission on December 29, 2011.\5\
However, the Certificate in the form proposed failed to contain an
explicit reference to Section 242 of Delaware Corporation Law. Instead,
the last sentence in the first paragraph of the approved Certificate
stated ``* * * [p]ursuant to, and being duly adopted in accordance
with, Section 245 of the General Corporation Law of the State of
Delaware, this * * * Certificate * * * amends and restates the Restated
Certificate of Incorporation in its entirety * * *.''
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    \5\ See Securities Exchange Act Release No. 66071 (December 29,
2011) (SR-NSX-2011-14 and SR-CBOE-2011-107).
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    On December 30, 2011, the Certificate, in the form approved by the
Commission (i.e., without explicit reference to Section 242), was
submitted for filing to the Delaware Secretary of State. The Delaware
Secretary of State refused to accept the Certificate unless a reference
to Section 242 was added to the text of the Certificate. Such reference
was added and the Certificate, as modified, was accepted by and
successfully filed with the Delaware Secretary of State. As a result,
pursuant the instant rule filing, the Exchange is proposing to amend
the text of the Certificate previously filed with, and approved by, the
Commission by explicitly referencing Section 242 of the Delaware
Corporation Law in the text of the Certificate immediately before the
reference to Section 245. In so doing, the Exchange seeks to fully
comply with Delaware Corporation Law and with the Securities Exchange
Act of 1934 (the ``Act'').
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) of the Act,\6\ in general, and
Section 6(b)(4) of the Act,\7\ in particular, in that it is designed,
among other things, to promote clarity, transparency and full
disclosure, in so doing, to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4).
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    Moreover, the proposed rule change is not discriminatory in that it
is solely administrative and does not affect the rights of any ETP
Holder, does not impact any other provision of the Certificate, and is
consistent with the Commission's recent order approving the
Certificate. The proposed amendment simply adds to the Certificate an
explicit cross-reference to applicable law and consequently constitutes
a technical amendment that relates solely to the administration of the
Exchange and the Exchange's ability to successfully file the
Certificate with the Delaware Secretary of State.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The proposed rule change has taken effect upon filing pursuant to
Section 19(b)(3)(A)(ii) of the Act \8\ and subparagraph (f)(3) of Rule
19b-4 \9\ thereunder, because, as provided in (f)(3), the proposed rule
change is concerned solely with the administration of the self-
regulatory organization. At any time within 60 days of the filing of
the proposed rule change, the Commission summarily may temporarily
suspend such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Securities and Exchange Act of 1934.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4.
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is 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-NSX-2012-03 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSX-2012-03. 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 proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing will also be available for
inspection and copying at the principal office of the Exchange. 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 No. SR-NSX-2012-03 and should be
submitted on or before February 22, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-2131 Filed 1-31-12; 8:45 am]
BILLING CODE 8011-01-P


                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                   REGION IX
                              75 Hawthorne Street
                           San Francisco, CA  94105

                                 July 28, 2023

Memorandum

Subject: 	Addition of Public Agency Record to Docket # EPA-R09-OAR-2023-0263

From:   Ashley Graham, Geographic Strategies and Modeling Section, Air and Radiation Division

To: 	Docket # EPA-R09-OAR-2023-0263

On July 27, 2023, EPA identified a public agency record, EPA's "Technical Support Document, San Joaquin Valley PM2.5 Plan for the 1997 24-hour PM2.5 NAAQS," August 2021 ("EPA's 1997 24-hour PM2.5 TSD"), that is referenced on page 95 of the Notice of Proposed Rulemaking but was not included in the docket index or uploaded to the online docket at Regulations.gov. The EPA uploaded the record the same day to the online docket for the Notice and it is now available to the public. The EPA has also revised the docket index to include the record.


[Federal Register: February 19, 2010 (Volume 75, Number 33)]
[Notices]
[Page 7474]
[DOCID:fr19fe10-68]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP10-47-000]

CenterPoint Energy Gas Transmission Company; Prior Notice of
Activity Under Blanket Certificate

February 3, 2010.
    On January 26, 2010 CenterPoint Energy Gas Transmission Company
(CEGT) filed a prior notice request pursuant to sections 157.205,
157.208 and 157.210 of the Federal Energy Regulatory Commission's
(Commission) regulations under the Natural Gas Act, and CEGT's
certificate issued September 1, 1982, as amended February 10, 1983, in
Docket Nos. CP82-384-000 and CP82-384-001. CEGT requests authorization
to construct a new compressor station near the town of Alto in Richland
Parish, Louisiana, all as more fully described in the application that
is available for public inspection.
    Any questions regarding the application should be directed to
Michelle Willis, Manager, Regulatory & Compliance, CenterPoint Energy
Gas Transmission Company, P.O. Box 21734, Shreveport, Louisiana 71151,
or by calling<PHONE_NUMBER>.
    Any person or the Commission's staff may, within 60 days after
issuance of the instant notice by the Commission, file pursuant to Rule
214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to
intervene or notice of intervention and pursuant to section 157.205 of
the regulations under the NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the time allowed therefor, the
proposed activity shall be deemed to be authorized effective the day
after the time allowed for filing a protest. If a protest is filed and
not withdrawn within 30 days after the allowed time for filing a
protest, the instant request shall be treated as an application for
authorization pursuant to section 7 of the NGA.
    Protests will be considered by the Commission in determining the
appropriate action to be taken, but will not serve to make protestants
parties to the proceeding. Any person wishing to become a party must
file a notice of intervention or motion to intervene, as appropriate.
Such motions or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant, on or before the comment date. It is
not necessary to serve motions to intervene or protests on persons
other than the Applicant.
    The Commission encourages electronic submission of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at  http://www.ferc.gov. Persons unable to file electronically should
submit an original and 14 copies of the intervention or protest to the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-3098 Filed 2-18-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 45 (Wednesday, March 10, 2021)]
[Proposed Rules]
[Pages 13665-13667]
[FR Doc No: 2021-04804]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0135; Project Identifier MCAI-2020-01044-R]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters Deutschland GmbH
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2019-07-07 for various Airbus Helicopters Deutschland GmbH (Airbus
Helicopters) Model MBB-BK117 and Model BO-105 helicopters. AD 2019-07-
07 requires removing certain part numbered swashplate bellows (bellows)
from service, cleaning and inspecting certain parts, and depending on
the inspection results removing certain parts from service, applying
torque, and repetitively inspecting the swashplate assembly
(swashplate). AD 2019-07-07 also prohibits the installation of certain
part-numbered bellows. This proposed AD would retain certain
requirements of AD 2019-07-07, expand the installation prohibition, add
additional inspections, and update the applicable service information.
The actions of this proposed AD are intended to address an unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by April 26,
2021.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to https://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0135; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this proposed AD, the European Aviation Safety Agency (now European
Union Aviation Safety Aviation) (EASA) AD, any comments received and
other information. The street address for Docket Operations is listed
above. Comments will be available in the AD docket shortly after
receipt.
    For service information identified in this proposed rule, contact
Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at https://www.airbus.com/helicopters/services/technical-support.html. You may
view this referenced service information at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Matt Fuller, AD Program Manager,
Operational Safety Branch, Airworthiness Products Section, General
Aviation & Rotorcraft Unit, FAA, 10101 Hillwood Pkwy., Fort Worth, TX
76177; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0135; Project Identifier
MCAI-2020-01044-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposal.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Matt
Fuller, AD Program Manager, Operational Safety Branch, Airworthiness
Products Section, General Aviation & Rotorcraft Unit, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Discussion

    The FAA issued AD 2019-07-07, Amendment 39-19618 (84 FR 16394,
April 19, 2019) (AD 2019-07-07) for Airbus Helicopters Model BO-105A,
BO-105C, BO-105S, BO-105LS A-3, MBB-BK 117A-1, MBB-BK 117A-3, MBB-BK
117A-4, MBB-BK 117B-1, MBB-BK 117B-2, MBB-BK 117C-1, MBB-BK 117C-2, and
MBB-BK 117D-2 helicopters. AD 2019-07-07 requires a one-time inspection
of the swashplate with the bellows removed and thereafter, a repetitive
inspection of the swashplate. AD 2019-07-07 also prohibits the
installation of certain part-

numbered bellows and gearboxes with certain part-numbered bellows.
    AD 2019-07-07 was prompted by EASA AD No. 2016-0142, dated July 19,
2016, which was revised to EASA AD No. 2016-0142R1, dated April 12,
2018, issued by EASA, which is the Technical Agent for the Member
States of the European Union. EASA advises of several reports of a
lower clamp found missing from the bellows and damaging the swashplate
bearing ring before becoming detached. EASA states an investigation
showed that over-torqueing can damage the clamp, which may have caused
the clamp to become loose and detach. According to EASA, this
condition, if not detected and corrected, could lead to loss of a
swashplate clamp, and a detached clamp could damage the swashplate and
pitch link or strike the tail rotor, resulting in loss of control of
the helicopter.

Actions Since AD 2019-07-07 Was Issued

    Since the FAA issued AD 2019-07-07, it was identified that bellows
(part number) P/N B623M20X220 was inadvertently omitted from the
prohibition in the Required Actions paragraph. It was also identified
that Airbus Helicopters updated its service information by issuing
several alert service bulletins which specified removing the bellows
and repetitively inspecting the swashplate. Accordingly, this proposed
AD would update the service information and any incorporated by
reference information, add to the inspection requirements of AD 2019-
07-07, and prohibit installation of bellows P/N B623M20X220.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that an
unsafe condition is likely to exist or develop on other helicopters of
the same type designs.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires compliance within different time intervals for
some actions than what this proposed AD would require. The EASA AD
allows a non-cumulative tolerance of 10 percent that may be applied to
the compliance times, and this proposed AD would not. This proposed AD
would apply to Model MBB-BK 117D-2 helicopters while the EASA AD does
not. The EASA AD applies to Model BO-105D helicopters, while this
proposed AD would not. The EASA AD requires reporting corrosion to
Airbus Helicopters while this proposed AD would not.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Airbus Helicopters Alert Service Bulletin (ASB)
BO105-40A-107 for Model BO105C-series, D-series and S-series
helicopters; ASB BO105 LS-40A-12 for Model BO-105LS A-3 helicopters;
ASB MBB-BK117-40A-115 for Model MBB-BK 117 A-1, MBB-BK 117 A-3, MBB-BK
117 A-4, MBB-BK 117 B-1, MBB-BK 117 B-2, and MBB-BK 117 C-1
helicopters; and ASB MBB-BK117 C-2-62A-007 for Model MBB-BK 117 C-2
helicopters, each Revision 5 and dated July 25, 2017. The FAA also
reviewed Airbus Helicopters ASB MBB-BK117 D-2-62A-003, Revision 3,
dated July 25, 2017, for Model MBB-BK 117 D-2 helicopters. This service
information specifies removing the bellows and repetitively inspecting
the swashplate.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Proposed AD Requirements

    This proposed AD would require the following within 50 hours hours
time-in-service (TIS):
     Removing the affected bellows from the swashplate,
cleaning and inspecting the support tube for scratches, and depending
on the inspection results reworking the cylindrical area;
     Inspecting the clamp for corrosion, damage and incorrect
installation, and, depending on the inspection results, removing the
clamp from service, reinstalling the clamp correctly and applying a
torque;
     Inspecting each ball bearing for corrosion, and depending
on the inspection results, removing each ball bearing from service; and
     Inspecting the deflection ring for foreign objects by
removing the lockwire, screws, and the outer deflection ring and
removing any foreign objects;
    The proposed AD would also require, within 400 hours TIS,
inspecting the swashplate for foreign objects and excessive bearing
rolling friction. Finally, this proposed AD would prohibit installing a
bellows P/N 105-10113.05, P/N<PHONE_NUMBER>, P/N<PHONE_NUMBER>, or P/N
B623M20X2240, or a gearbox with a bellows P/N 105-10113.05, P/N
4619305044, or P/N<PHONE_NUMBER> on any helicopter.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 211
helicopters of U.S. Registry. The FAA estimates that operators may
incur the following costs in order to comply with this proposed AD.
Labor costs are estimated at $85 per work-hour.
    Inspecting the swashplate assembly would take about 3 work-hours
for an estimated cost of $255 per helicopter and $53,805 for the U.S.
fleet per inspection cycle.
    Repairing a scratched support tube would take about 3 work-hours
for an estimated cost of $255 per helicopter.
    Replacing a corroded or damaged clamp would take about 2 work-hours
and parts would cost about $8 for a cost of $178 per helicopter.
    Replacing corroded ball bearings would take about 4 work-hours and
parts would cost about $3,000 for a cost of $3,340 per helicopter.
    Removing foreign objects from the outer deflection ring would take
about 2 work-hours for an estimated cost of $170 per helicopter.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and

responsibilities among the various levels of government.
    For the reasons discussed, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866,
    2. Will not affect intrastate aviation in Alaska, and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by,
0
a. Removing Airworthiness Directive (AD) 2019-07-07, Amendment 39-19618
(84 FR 16394, April 19, 2019) and,
0
b. Adding the following new AD:

Airbus Helicopters Deutschland GmbH: Docket No. FAA-2021-0135;
Project Identifier MCAI-2020-01044-R.

(a) Applicability

    This airworthiness directive (AD) applies to Airbus Helicopters
Deutschland GmbH Model BO-105A, BO-105C, BO-105S, BO105LS A-3, MBB-
BK 117A-1, MBB-BK 117A-3, MBB-BK 117A-4, MBB-BK 117B-1, MBB-BK 117B-
2, MBB-BK 117C-1, MBB-BK 117C-2, and MBB-BK 117D-2 helicopters,
certificated in any category.

    Note 1 to paragraph (a) of this AD: Helicopters with an MBB-BK
117C-2e designation are Model MBB-BK 117C-2 helicopters.

(b) Unsafe Condition

    This AD defines the unsafe condition as a loose swashplate
bellows (bellows) clamp. This condition can cause loss of the
bellows, contact of the bellows with the main rotor blades, main
rotor mast, and tail rotor, and subsequent loss of helicopter
control.

(c) Affected ADs

    This AD replaces AD 2019-07-07, Amendment 39-19618 (84 FR 16394,
April 19, 2019) (2019-07-07).

(d) Comments Due Date

    The FAA must receive comments by April 26, 2021.

(e) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(f) Required Actions

    (1) Within 50 hours time-in-service (TIS) after the effective
date of this AD:
    (i) Remove from service bellows part number (P/N) 105-10113.05,
P/N<PHONE_NUMBER>, P/N<PHONE_NUMBER>, or P/N B623M20X2240 from the
swashplate assembly (swashplate).
    (ii) Clean and inspect the support tube for scratches as
depicted in Detail 11, Figure 6 of Airbus Helicopters Alert Service
Bulletin (ASB) BO105-40A-107 (ASB BO105-40A-107); or Detail 11,
Figure 5 of ASB BO105 LS 40A-12 (ASB BO105 LS 40A-12); or Detail 11,
Figure 5 of ASB MBB-BK117-40A-115, (ASB MBB-BK117-40A-115); or
Detail 11, Figure 5 of ASB MBB-BK117 C-2-62A-007 (ASB MBB-BK117 C-2-
62A-007), each Revision 5 and dated July 25, 2017; or Detail 11,
Figure 5 of ASB MBB-BK117 D-2-62A-003, Revision 3, dated July 25,
2017 (ASB MBB-BK117 D-2-62A-003); as applicable to your model
helicopter. If there are scratches on the support tube, before
further flight, rework the cylindrical area to a max depth of 0.1 mm
with a polishing cloth #400 or equivalent polishing cloth. The
reworked area must not exceed 10 mm in width or 3 cm\2\ in area, the
minimum separation between any adjacent reworked areas must be 30
mm, and total reworked areas must not exceed 10 percent of the
cylindrical area.
    (iii) Inspect the clamp for corrosion and correct installation.

    Note 1 to paragraph (f)(1)(iii): A figure of the clamp is
depicted in Detail 9, Figure 6 of ASB BO105-40A-107; or Detail 9,
Figure 5 of ASB BO105 LS 40A-12, ASB MBB-BK117-40A-115, or ASB MBB-
BK117 C-2-62A-007; or Detail 9, Figure 5 of ASB MBB-BK117 D-2-62A-
003; as applicable to your model helicopter.
    (A) If there is corrosion on the clamp, before further flight
remove the clamp from service.
    (B) If the clamp is incorrectly installed, before further flight
install the clamp correctly on the shield as depicted in Detail 10,
Figure 6 of ASB BO105-40A-107; or Detail 10, Figure 5 of ASB BO105
LS 40A-12, ASB MBB-BK117-40A-115, or ASB MBB-BK117 C-2-62A-007; or
Detail 10, Figure 5 of ASB MBB-BK117 D-2-62A-003; as applicable to
your model helicopter.
    (C) Apply a torque between 0.5 Nm and 0.7 Nm to the screw and
install lockwire as depicted in Detail 8, Figure 6 of ASB BO105-40A-
107; or Detail 8, Figure 5 of ASB BO105 LS 40A-12, ASB MBB-BK117-
40A-115, or ASB MBB-BK117 C-2-62A-007; or Detail 8, Figure 5 of ASB
MBB-BK117 D-2-62A-003; as applicable to your model helicopter.
    (iv) Inspect each ball bearing for corrosion. If there is
corrosion on any ball bearing, before further flight, remove the
ball bearing from service.
    (v) Inspect the area under the deflection ring for foreign
objects by removing the lock wire, removing the screws, and removing
the outer deflection ring. If there are any foreign objects, remove
the foreign objects with a lint-free cloth.
    (2) Within 400 hours TIS after the effective date of this AD,
after complying with the actions in paragraph (f)(1) of this AD, and
thereafter at intervals not to exceed 400 hours TIS, inspect the
swashplate by following the Accomplishment Instructions, paragraph
3.B.4 of ASB BO105-40A-107; or paragraph 3.B.3 of ASB BO105 LS 40A-
12, ASB MBB-BK117-40A-115, ASB MBB-BK117 C-2-62A-007, or ASB MBB-
BK117 D-2-62A-003; as applicable to your model helicopter.
    (3) After May 24, 2019 (the effective date of AD 2019-07-07), do
not install a bellows P/N 105-10113.05, P/N<PHONE_NUMBER>, or P/N
4638305043, or a gearbox with a bellows P/N 105-10113.05, P/N
4619305044, or P/N<PHONE_NUMBER> on any helicopter.
    (4) As of the effective date of this AD, do not install a
bellows P/N B623M20X2240 on any helicopter.

(g) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Strategic Policy Rotorcraft Section, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of: Matt Fuller, AD Program Manager, Operational
Safety Branch, Airworthiness Products Section, General Aviation &
Rotorcraft Unit, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(h) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency (now European Union Aviation Safety Agency) (EASA) AD No.
2016-0142R1, dated April 12, 2018. You may view the EASA AD on the
internet at https://www.regulations.gov in the AD Docket.

(i) Subject

    Joint Aircraft Service Component (JASC) Code: 6200, Main Rotor
System.

    Issued on March 2, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.

[FR Doc. 2021-04804 Filed 3-9-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 213 (Tuesday, November 3, 2020)]
[Notices]
[Page 69615]
[FR Doc No: 2020-24330]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's website at 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. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

------------------------------------------------------------------------
           Docket No.               File date     Presenter or requester
------------------------------------------------------------------------
Prohibited:
    P-14581-000................      10-15-2020  FERC Staff.\1\
Exempt:
    1. CP17-40-000.............      10-16-2020  U.S. Representative
                                                  Rodney Davis.
    2. P-2360-000..............      10-16-2020  U.S. Representative
                                                  Pete Stauber.
------------------------------------------------------------------------
\1\ Email regarding the 10/15/2020 communication between Commission
  staff and U.S. Fish and Wildlife Service, SF Bay Delta Fish and
  Wildlife Office.

    Dated: October 27, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-24330 Filed 11-2-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Notices]
[Page 21227]
[FR Doc No: 2014-08431]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER14-1665-000]

Natural Gas Exchange Inc.; 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
Natural Gas Exchange Inc.'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 28, 2014.
    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 should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 8, 2014.
Nathaniel J. Davis, Sr.,
 Deputy Secretary.
[FR Doc. 2014-08431 Filed 4-14-14; 8:45 am]
BILLING CODE 6717-01-P


  OMB Control No. 2060-0586
To qualify for partnership as a multifamily high rise developer, your company must be the primary party responsible for the design, financing and construction of multifamily mid or high rise projects. For more information on the ENERGY STAR MFHR program visit: www.energystar.gov/mfhr
  Contact Information

  Company Name:

  Authorized Company Representative (Printed name):

  Title:
E-mail:

  Address:
City/State/ZIP:

  Telephone:
Fax:

  Signature:
Date:

   To be completed by U.S. EPA

   Branch Chief, ENERGY STAR Residential Branch, Climate Protection Partner Division, U.S. Environmental Protection Agency

   Signature:
Date:

  To Submit this Participation Agreement:

  Fax to<PHONE_NUMBER> or email as a Portable Document Format (PDF) to<EMAIL_ADDRESS>
  ENERGY STAR Background Information

  EPA's ENERGY STAR helps consumers, businesses, and public organizations protect the environment through superior energy efficiency. ENERGY STAR for MFHR promotes energy-efficient buildings that can improve building quality and occupant comfort, lower energy demand, and reduce air pollution.

  ENERGY STAR's Commitments to Partners
     1.   EPA will work to increase awareness of ENERGY STAR as the trusted government-backed symbol for energy efficient solutions that save energy, save money, and help protect the environment.
  2.   EPA will provide partners with timely program updates, information, and resources via the ENERGY STAR
     web site, webinars, newsletters, e-mail, and presentations.
     3.   EPA will provide partners with recognition for their participation in the program through the ENERGY STAR Website, special awards, and other media.
     4.   EPA will respond swiftly to any requests for information or clarification on ENERGY STAR program policies.
     5.   EPA does not provide warranty and cannot be held liable for construction defects or deficiencies resulting from the proper or improper application of the ENERGY STAR for MFHR program guidelines.

  ENERGY STAR MFHR Developers Requirements

     1.   The ENERGY STAR MFHR Developer Partner agrees to finalize a set of designs that conform to the program's prerequisites and incorporates the recommended measures contributing to the achievement of the Performance Target OR the Prescriptive Path requirements.
     2.   The ENERGY STAR MFHR Developer Partner agrees to construct their project as described by the Proposed Building Submittal or commit to make no changes during construction that would cause the as- built project to fail to comply with the Program's prerequisites, the Prescriptive Path or cause the modeled consumption of the as-built project to fall below the Performance Target.
     3.   The ENERGY STAR MFHR Developer Partner agrees to have their Proposed and As-Built Building Submittals reviewed and validated by a licensed professional (registered architect or professional engineer).
     4.   The ENERGY STAR MFHR Developer Partner agrees to assess the energy performance of the project using ENERGY STAR's Portfolio Manager for a minimum period of 2 years following the date of receipts of the Certificate of Occupancy.

  General Commitments for ENERGY STAR Partners
  1.   This agreement is voluntary and can be terminated by either party at any time for any reason, with no penalty.
     2.   Partners will assume good faith as a general principle for resolving conflicts that may arise in relation to their program partnership and will seek to resolve all matters to preserve maximum public confidence in ENERGY STAR.
     3.   Partners shall not construe, claim, or imply that participation in ENERGY STAR constitutes federal government approval, acceptance, or endorsement of anything other than partners' participation in the ENERGY STAR program. Partnership does not constitute federal government endorsement of the partner, its buildings, or services.
     4.   Partners understand that the activities undertaken in connection with ENERGY STAR are voluntary and not intended to provide services to the federal government. As such, partners may not submit claims for compensation to any federal agency.
     5.   Partners must adhere to the ENERGY STAR Identity Guidelines and ensure that authorized representatives, such as advertising agencies, distributors, and subcontractors, also comply.
     6.   To maintain an active partnership, partners must be actively engaged with at least one ENERGY STAR MFHR project. To be actively engaged in a project, the Partner must be active in either the design phase,
     construction phase or actively benchmarking an ENERGY STAR MFHR project. Partners not fulfilling this requirement will be deemed 'inactive' and must promptly cease all use of the ENERGY STAR name and logo, including removal from marketing and promotional materials.
     7.   Qualification of a building to earn the ENERGY STAR label shall not be used by partners to guarantee that it is structurally sound or safe, constructed in accordance with applicable laws, regulations or codes, free of
     mold or mildew, free of volatile organic compounds or allergens, or free of soil gases including radon.
     8.   Partners shall act in good faith to resolve complaints about the performance of their ENERGY STAR qualified MFHR buildings and must provide EPA with any requested documentation regarding a building qualified as ENERGY STAR. If EPA determines that a building has been improperly qualified as ENERGY STAR, the partner is expected to take necessary actions to resolve the identified issues in a timely manner.
     9.   Failure to comply with any of the terms of the ENERGY STAR Partnership Agreement can result in termination of the organization's partnership and its access to program benefits, including use of the ENERGY STAR logo.
     10. ENERGY STAR will actively pursue misuse of the ENERGY STAR name and logos. In cases where an organization is found to be in severe violation of the federal ENERGY STAR trademark, EPA may refer the
     EPA Form 5900-267
The government estimates the average time needed to fill out this form is 0.16 hours and welcomes suggestions for reducing this effort. Send comments (referencing OMB Control Number) to the Director, Collection Strategies Division, U.S. EPA (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.

matter to the U.S. Department of Justice for consideration of civil or criminal penalties.


[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Pages 48887-48889]
[FR Doc No: 2017-22832]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0275]

Hours of Service of Drivers: U.S. Department of Defense (DOD);
Application for Renewal of Exemption

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

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

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

SUMMARY: FMCSA announces its decision to renew the U.S. Department of
Defense (DOD) Military Surface Deployment and Distribution Command's
(SDDC) exemption from the minimum 30-minute rest break provision of the
Agency's hours-of-service (HOS) regulations for commercial motor
vehicle (CMV) drivers contracted by SDDC for special activities. SDDC
currently holds an exemption valid through October 27, 2018. The
exemption renewal is for five years and allows SDDC contracted-drivers
to use 30 minutes or more of attendance time to meet the HOS rest break
requirements, provided they do not perform any other work during the
break. The terms and conditions of the current exemption remain in
place for the five-year period.

DATES: The renewed exemption is effective through October 21, 2023.
Comments must be received on or before November 20, 2017.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2013-0275 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to www.regulations.gov, including any

personal information provided. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments received, go to www.regulations.gov at any time and in the box
labeled ``SEARCH for'' enter FMCSA-2013-0275 and click on the tab
labeled ``SEARCH.''
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can get electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2013-0275), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put
the docket number, ``FMCSA-2013-0275'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period and may continue this exemption or not based
on your comments.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from the Federal Motor Carrier Safety Regulations. FMCSA
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
    The Agency reviews the safety analyses and the public comments, and
determines whether granting the exemption would likely achieve a level
of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reason for the grant or denial, and, if granted,
the specific person or class of persons receiving the exemption, and
the regulatory provision or provisions from which exemption is granted.
The notice must also specify the effective period of the exemption (up
to 5 years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).

III. Background

    On December 27, 2011 (76 FR 81133), FMCSA published a final rule
amending its HOS regulations for drivers of property-carrying CMVs. The
final rule adopted several changes to the HOS regulations including a
new provision requiring drivers to take a rest break of at least 30
minutes during the work day under certain circumstances.
    FMCSA did not specify when drivers must take the break, but the
rule requires that they wait no longer than 8 hours after the last off-
duty period of 30 minutes or more to take it if they want to drive a
CMV. Drivers who already take shorter breaks during the work day could
comply with the rule by extending one of those breaks to 30 minutes.
The new requirement took effect on July 1, 2013.

IV. Application for Renewal Exemption

    The SDDC manages the motor carrier industry contracts for the DOD.
Certain motor carriers under contract to the SDDC provide protective
services while transporting weapons, munitions, and sensitive/
classified cargo.
    SDDC's initial exemption application for relief from the HOS rest
break requirement was submitted in 2013; a copy of the application is
in the docket identified at the beginning of this notice. That
application describes fully the nature of the operations of SDDC's
contracted drivers. FMCSA published a notice granting the exemption
request on October 28, 2013 (effective October 22), and made it valid
through October 21, 2015 (78 FR 64265). The Agency renewed the
exemption on October 7, 2015 (80 FR 60740), with an expiration date of
October 21, 2017. However, section 5206(b)(2)(A) of the Fixing
America's Surface Transportation (FAST) Act extended any HOS exemption
in effect on the date of enactment of that Act for a period of 5 years
from the date the exemption was granted. Because section 1003 of the
FAST Act made the provisions of Division A (which includes section
5206) retroactively effective to October 1, 2015, the original SDDC
exemption, valid through October 21, 2015, was extended by operation of
law for 5 years from the date it was granted, in other words through
October 21, 2018.
    The SDDC requests renewal of a limited exemption from the HOS
regulation pertaining to rest breaks [49 CFR 395.3(a)(3)(ii)] to allow
SDDC-contracted drivers providing dual driver-protective services to be
treated the same as drivers transporting explosives. As provided in
Sec.  395.1(q), operators of CMVs carrying Division 1.1, 1.2, or 1.3
explosives subject to the requirement for a minimum 30-minute rest
break in Section 395.3(a)(3)(ii) may use 30 minutes or more of
``attendance time'' to meet the requirement for a rest break.

V. Method To Ensure an Equivalent or Greater Level of Safety

    SDDC states that it requires continuous attendance and surveillance
of such shipments until they reach their final destination. SDDC states
that it has

instituted several technical and administrative controls to ensure the
efficient transportation of cargo requiring protective services,
controls that would remain in effect under the requested exemption.
They include the following:
     Conducting review of carrier compliance requirements and
procedures for moving hazardous cargo.
     Evaluating carrier authority to operate on United States
roadways.
     Evaluating carrier compliance with the Federal Motor
Carrier Safety Administration's Compliance Safety Accountability
Program Safety Measurement System standards.
     Providing over-the-road vehicle surveillance.
     Inspecting carrier facilities and corporate headquarters
for compliance with DOD and DOT standards.
    Further details regarding SDDC's safety controls can be found in
its initial application for exemption. The application can be accessed
in the docket identified at the beginning of this notice. SDDC asserts
that granting the exemption would allow driver teams to manage their en
route rest periods efficiently and also perform mandated shipment
security surveillance, resulting in both safe driving performance and
greater security of cargo during long-distance trips.
    SDDC anticipates no safety impacts from this exemption and believes
that its contract employee drivers should be allowed to follow the
requirements in Sec.  395.1(q) when transporting shipments of sensitive
DOD cargo. SDDC believes that shipments made under the requested
exemption would achieve a level of safety and security that is at least
equivalent to that which would be obtained by following the normal
break requirement in Sec.  395.3(a)(3)(ii).
    SDDC indicated that approximately 1,942 power units and 3,000
drivers would be covered by the exemption. The renewed exemption is
effective for 5 years, the maximum period allowed by Sec.  381.300.

VI. Terms of the Exemption

    1. Drivers authorized by SDDC to utilize the exemption renewal,
must have a copy of the exemption document in their possession while
operating under the terms of the exemption. The exemption document must
be presented to law enforcement officials upon request.
    2. All motor carriers operating under this exemption must have a
``Satisfactory'' safety rating with FMCSA, or be ``unrated;'' motor
carriers with ``Conditional'' or ``Unsatisfactory'' FMCSA safety
ratings are prohibited from using this exemption.

Period of the Exemption

    The exemption from the requirements of 49 CFR 395.3(a)(3)(ii) is
effective from 12:01 a.m., October 22, 2018, through 11:59 p.m.,
October 21, 2023.

Extent of the Exemption

    The exemption is restricted to SDDC's contract driver-employees
transporting security-sensitive materials. This exemption is limited to
the provisions of 49 CFR 395.3(a)(3)(ii) and allows contract driver-
employees transporting security-sensitive materials to be treated the
same as drivers transporting explosives, as provided in Section
395.1(q). These drivers are required to comply with all other
applicable provisions of the FMCSRs.

Preemption

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.

FMCSA Accident Notification

    SDDC must notify FMCSA within 5 business days of any accidents (as
defined by 49 CFR 390.5) involving the operation of any of its CMVs
while utilizing this exemption. The notification must be by email to
<EMAIL_ADDRESS>and include the following information:
    a. Name of the Exemption: ``SDDC'',
    b. Date of the accident,
    c. City or town, and State, in which the accident occurred, or
which is closest to the scene of the accident,
    d. Driver's name and driver's license State, number, and class,
    e. Co-Driver's name and driver's license State, number, and class,
    f. Vehicle company number and power unit license plate State and
number,
    g. Number of individuals suffering physical injury,
    h. Number of fatalities,
    i. The police-reported cause of the accident,
    j. Whether the driver was cited for violation of any traffic laws,
or motor carrier safety regulations, and
    k. The total driving time and the total on-duty time of the CMV
driver at the time of the accident.

In addition, if there are any injuries or fatalities, the carrier must
forward the police accident report to<EMAIL_ADDRESS>as soon as
available.

Termination

    The FMCSA does not believe the drivers covered by this exemption
will experience any deterioration of their safety record. However,
should this occur, FMCSA will take all steps necessary to protect the
public interest, including revocation or restriction of the exemption.
The FMCSA will immediately revoke or restrict the exemption for failure
to comply with its terms and conditions.

    Issued on: October 16, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-22832 Filed 10-19-17; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: April 24, 2008 (Volume 73, Number 80)]
[Notices]
[Page 22148]
[DOCID:fr24ap08-39]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR07-17-002]

Bridgeline Holdings, L.P.; Notice of Compliance Filing

April 16, 2008.
    Take notice that on April 2, 2008, Bridgeline Holdings, L.P. filed
a Report of Refunds in compliance with the Commission's letter order
issued on January 28, 2008 in Docket Nos. PR07-17-000 and PR07-17-001.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed on or before the date as indicated below. Anyone filing a
protest must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons
unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time April 22, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-8848 Filed 4-23-08; 8:45 am]

BILLING CODE 6717-01-P