[Federal Register Volume 82, Number 176 (Wednesday, September 13, 2017)]
[Proposed Rules]
[Pages 42953-42955]
[FR Doc No: 2017-19304]

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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.

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Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0810; Product Identifier 2017-NM-045-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Bombardier, Inc., Model CL-600-2C10 (Regional Jet Series 700,
701, & 702), Model CL-600-2D15 (Regional Jet Series 705), Model CL-600-
2D24 (Regional Jet Series 900), and Model CL-600-2E25 (Regional Jet
Series 1000) airplanes. This proposed AD was prompted by a report of a
smoke-in-cabin event due to a non-sustaining electrical fire. This
proposed AD would require installation of protective sleeves on the
bonding jumper wires of affected galleys and lavatories. We are
proposing this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by October 30,
2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact
Bombardier, Inc., 400 C[ocirc]te Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; Widebody Customer Response Center North America toll-
free telephone: 1-866-538-1247 or direct-dial telephone: 1-514-855-
2999; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet:
http://www.bombardier.com. You may view this service information at the
FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call 425-
227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0810; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Operations
office (telephone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Assata Dessaline, Aerospace Engineer,
Avionics and Administrative Services Section, FAA, New York ACO Branch,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 516-228-
7301; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2017-0810;
Product Identifier 2017-NM-045-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM based on
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this NPRM.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian AD CF-2016-20R1, dated
February 3, 2017 (referred to after this as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Bombardier, Inc., Model CL-600-2C10 (Regional Jet
Series 700, 701, & 702), Model CL-600-2D15 (Regional Jet Series 705),
Model CL-600-2D24 (Regional Jet Series 900), and Model CL-600-2E25
(Regional Jet Series 1000) airplanes. The MCAI states:

    A CRJ900 aeroplane reported a smoke in cabin event due to a non-
sustaining electrical fire. The source of smoke was traced to a
burnt heated water supply line behind the #2 Galley. The surrounding
insulation was also found burnt.
    The root cause of this electrical fire was an electrical short
between an un-insulated bonding jumper and a terminal block carrying
115 volts AC. The circuit resistance was high enough and the circuit
breakers that protect the wiring did not trip open.
    Electrical short of a bonding jumper may result in in-flight
smoke or fire events as well as failure of avionics equipment due to
possible water spray or leakage from a damaged water supply line.
The likelihood of this happening is increased by the removal and
installation of the galley or lavatory during maintenance, allowing
the bonding jumper to become wedged under the terminal block.
* * * * *
    Revision 1 of this [Canadian] AD is issued to mandate [the
installation of protective sleeves on the galley and lavatory
bonding jumper wires in accordance with] Bombardier Service Bulletin
(SB) 670BA-25-101 Revision B dated 12 January 2017. * * *

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
0810.

Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., has issued Bombardier Service Bulletin 670BA-25-
101, Revision B, dated January 12, 2017. The service information
describes procedures for installation of protective sleeves on the
bonding jumper wires of affected galleys and lavatories. 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.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 544 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
              Action                      Labor cost             Parts cost           product        operators
----------------------------------------------------------------------------------------------------------------
Install protective sleeves........  10 work-hours x $85    Negligible...........            $850        $462,400
                                     per hour = $850.
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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.
    We are 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.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes to the Director of the System Oversight
Division.

Regulatory Findings

    We 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 above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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 adding the following new airworthiness
directive (AD):

Bombardier, Inc.: Docket No. FAA-2017-0810; Product Identifier 2017-
NM-045-AD.

(a) Comments Due Date

    We must receive comments by October 30, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs
(c)(1), (c)(2), and (c)(3) of this AD, certificated in any category,
all certificated models.
    (1) Bombardier, Inc., Model CL-600-2C10 (Regional Jet Series
700, 701, & 702) airplanes, serial numbers 10001 through 10344
inclusive.
    (2) Bombardier, Inc., Model CL-600-2D15 (Regional Jet Series
705) and Model CL-600-2D24 (Regional Jet Series 900) airplanes,
serial numbers 15001 through 15382 inclusive.
    (3) Bombardier, Inc., Model CL-600-2E25 (Regional Jet Series
1000) airplanes, serial numbers 19001 through 19044 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Reason

    This AD was prompted by a report of a smoke-in-cabin event due
to a non-sustaining electrical fire. We are issuing this AD to
prevent an electrical short of a bonding jumper wire that may result
in in-flight smoke or fire events as well as failure of avionics
equipment due to possible water spray or leakage from a damaged
water supply line.

(f) Compliance

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

(g) Protective Sleeve Installation

    (1) For airplanes on which the actions specified in Bombardier
Service Bulletin 670BA-25-101, dated December 17, 2015; or
Bombardier Service Bulletin 670BA-25-101, Revision A, dated October
31, 2016, have not been done, as of the effective date of this AD:
Within 6,600 flight hours or 36 months after the effective date of
this AD, whichever occurs first, install protective sleeves on the
bonding jumper wires of affected galleys and lavatories, in
accordance with Part A through Part E, as applicable, of the
Accomplishment Instructions of Bombardier Service Bulletin 670BA-25-
101, Revision B, dated January 12, 2017.
    (2) For airplanes on which the actions specified in Bombardier
Service Bulletin 670BA-25-101, dated December 17, 2015; or
Bombardier Service Bulletin 670BA-25-101, Revision A, dated October
31, 2016, have been done, as of the effective date of this AD:
Within 6,600 flight hours or 36 months after

the effective date of this AD, whichever occurs first, inspect, and
if required, install protective sleeves on the bonding jumper wires
of affected galleys and lavatories, in accordance with Part F of the
Accomplishment Instructions of Bombardier Service Bulletin 670BA-25-
101, Revision B, dated January 12, 2017.

(h) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the manager of the ACO, send it
to ATTN: Program Manager, Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. 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.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian AD CF-2016-20R1, dated February 3, 2017, for related
information. This MCAI may be found in the AD docket on the Internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2017-0810.
    (2) For more information about this AD, contact Assata
Dessaline, Aerospace Engineer, Avionics and Administrative Services
Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center
North America toll-free telephone: 1-866-538-1247 or direct-dial
telephone: 1-514-855-2999; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: http://www.bombardier.com. You
may view this service information at the FAA, Transport Standards
Branch, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on August 31, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2017-19304 Filed 9-12-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Notices]
[Pages 49450-49453]
[FR Doc No: 2017-23118]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81903; File No. SR-ISE-2017-91]

Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the
Exchange's Schedule of Fees

October 19, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 5, 2017, Nasdaq ISE, LLC (``ISE'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I and II below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments 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

    The Exchange proposes to: (i) Delete fees and descriptions thereof
for connectivity no longer used by the Exchange; and (ii) add new fees
for co-location services, direct circuit connections to the Exchange,
direct circuit connections to third party services, point of presence
(``POP'') connectivity, and connectivity to the Exchange's Test
Facility (the ``Test Facility'').
    The text of the proposed rule change is available on the Exchange's
Web site at www.ise.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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 aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend its Fee Schedule to eliminate
certain fees associated with legacy options for connecting to ISE and
to replace them with fees associated with new options for connecting to
the Exchange that are similar to those that ISE's sister exchanges
presently offer.
    ISE is engaged in an initiative to migrate the Exchange's trading
system to the Nasdaq INET architecture. As part of that initiative, ISE
proposes to retire certain obsolete connectivity associated with the
Exchange's legacy trading system and the fees associated with such
connectivity.
    Specifically, the Exchange proposes to discontinue offering
Ethernet connectivity to the Exchange and also eliminate the fees it
charges for such connectivity in Section VI.B of its Fee Schedule,
entitled ``Network Fees.'' The Exchange currently offers four Ethernet
connection options: A 1 Gb connection at a cost of $1,000 per month, a
10 Gb connection at a cost of $4,500 per month, a 10 Gb low latency
connection at a cost of $8,000 per month, and a 40 Gb low latency
connection at a cost of $15,000 per month.
    Additionally, the Exchange proposes to stop offering customers the
ability to connect to the Exchange via an Application Programming
Interface (``API'') session or a Financial Information eXchange
(``FIX'') session, as these connection options are becoming obsolete
with respect to the new trading system. The Exchange correspondingly
proposes to eliminate entirely Section V.C of its Fee Schedule,
entitled ``FIX Session/Session Fees.'' The Exchange presently charges
Market Makers monthly per API fees that depend upon the functionality
of API and, if used for quoting, the amount of usage per day per user.
The Exchange also charges Electronic Access Members monthly API and FIX
fees based upon the number of sessions.
    In lieu of the above, the Exchange proposes to offer customers
various new options to connect to the Exchange and to assess fees for
such connectivity. The connectivity options that the Exchange proposes
to offer--colocation, direct circuit connectivity, connectivity to
third party services, POP connectivity, and connectivity to the
Exchange's Test Facility--and the fees that the Exchange proposes to
assess for such connectivity are similar to those that ISE's affiliated
Nasdaq, Inc. markets--including The NASDAQ Stock Market, LLC
(``Nasdaq''), Nasdaq BX, Inc. (``BX''), and Nasdaq Phlx LLC
(``Phlx'')--presently offer and assess to their customers under their
respective rules. They are also the same as the connectivity options
and fees that Nasdaq GEMX, LLC (``GEMX'') and Nasdaq MRX, LLC (``MRX'')
propose to offer and assess under their respective rules in tandem with
this filing. This proposal, in other words, seeks to harmonize the
Exchange's connectivity offerings and fees with those of its sister
exchanges.
    The first new connectivity option that the Exchange proposes to
offer its customers is co-location. Co-location is a suite of hardware,
power, telecommunication, and other ancillary products and services
that allow market participants and vendors to place their trading and
communications equipment in close physical proximity to the quoting and
execution facilities of the Exchange and other Nasdaq, Inc. markets.
The Exchange provides co-location services and imposes fees through
Nasdaq Technology Services LLC and pursuant to agreements with the
owner/operator of its data center where both the Exchange's quoting and

trading facilities and co-located customer equipment are housed. Users
of colocation services include private extranet providers, data
vendors, as well as Exchange members and non-members. The use of co-
location services is entirely voluntary.
    Like its sister exchanges, and as detailed in the proposed co-
location fee schedule, the Exchange proposes to impose a uniform, non-
discriminatory set of fees for various co-location services, including:
Fees for co-located connections to the Exchange and to third party
services (described below) in various bandwidths; Fees for cabinet
space usage, or options for future space usage; installation and
related power provision for hosted equipment; connectivity among
multiple cabinets being used by the same customer as well as customer
connectivity to the Exchange and telecommunications providers; and
related maintenance and consulting services. Fees related to cabinet
and power usage are incremental, with additional charges being imposed
based on higher levels of cabinet and/or power usage, the use of non-
standard cabinet sizes or special cabinet cooling equipment, or the re-
selling of cabinet space.
    In addition to co-location services, the Exchange proposes to offer
several other connectivity options for customers that are located
outside of the Exchange's primary data center in Carteret, New Jersey.
    First, the Exchange proposes to offer a ``Direct Circuit
Connectivity'' service, whereby subscribers may connect their
facilities directly to the Exchange's primary data center using a
circuit they obtain from an external telecommunications provider. For
this form of connectivity, the Exchange's proposal offers customers the
choice of 1 GB, 1 GB Ultra, and 10 GB connections. The installation fee
for all such connections will be $1,500 and the monthly fee will be
$7,500 for 10 GB connections and $2,500 for both 1 GB and 1 GB Ultra
connections. The Exchange also proposes to charge a fee to customers
that choose to install a cable router in its data center and a monthly
fee for customers that choose to install equipment in the Exchange's
data center to support the connectivity. Specifically, the Exchange
proposes an installation fee of $925 per router, switch or modem, and a
monthly fee of $150 to rent cabinet space based on a unit height of
approximately 1.75 inches (commonly called a ``U'' space) and a maximum
power of 125 Watts per U space.
    Next, the Exchange proposes to offer a ``POP Connectivity''
service, whereby subscribers may use external telecommunication
circuits to connect directly to one or more of the Exchange's satellite
data centers (each, a ``POP'') that are located in places other than
Carteret. Each POP, in turn, has a fully redundant connection to the
Exchange's primary data center, such that subscribers may connect to
the primary data center through its connection to a POP. For POP
Connectivity to the Exchange, the Exchange proposes to offer 1 GB Ultra
and 10 GB connections. The installation fee for all such connections
will be $1,500 and the monthly fee will be $7,500 for 10 GB connections
and $2,500 for 1 GB Ultra connections.\3\
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    \3\ Clients will not be permitted to install routers in or rent
cabinet space directly from the Exchange at the POPs. Accordingly,
the fee schedule for POP connectivity will not include fees for
these services.
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    Additionally, the Exchange proposes to offer connectivity to third
party services. The Exchange is proposing to offer this service to both
non-co-location customers (via a direct circuit connection) and co-
location customers alike. This connectivity will enable customers to
receive third party market data feeds, including Securities Information
Processors (``SIPs'') \4\ data, and other non-exchange services.\5\ The
Exchange will offer this service to customers in both 10 GB Ultra and 1
GB Ultra connections. The installation fee for both 10 GB Ultra and 1
GB Ultra connections will be $1,500. Meanwhile, the monthly fee will be
$5,000 for 10 GB Ultra connections and $2,000 for 1 GB Ultra
connections. For 1 GB Ultra or 10 GB Ultra connections for UTP only,
the installation fee and monthly fee will be waived for the first two
connections and thereafter the installation fee will be $100 and the
monthly fee also will be $100. As with Direct Circuit Connectivity, the
Exchange proposes to charge a $925 fee to customers that choose to
install a cable router in its data center for purposes of receiving the
third party services as well as a monthly fee of $150 for customers
that choose to install equipment in the Exchange's data center to
support that connectivity.
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    \4\ The SIPs link the U.S. markets by processing and
consolidating all protected bid/ask quotes and trades from every
registered exchange trading venue and FINRA into a single data feed,
and they disseminate and calculate critical regulatory information,
including the National Best Bid and Offer, Limit Up Limit Down price
bands, short sale restrictions and regulatory halts.
    \5\ Third Party Services includes not only SIP data feeds, but
also data feeds from other exchanges and markets. For example, Third
Party Connectivity will support connectivity to the FINRA/Nasdaq
Trade Reporting Facility, BATS Depth Feeds, and NYSE Feeds. A
customer must separately subscribe to the third party services to
which it connects with a Third Party Connectivity subscription. The
Exchange notes that customers that do not wish to subscribe to
Direct Circuit Connectivity to Third Party Services may
alternatively connect through an extranet provider or a market data
redistributor.
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    Furthermore, the Exchange proposes to offer connectivity to its
Test Facility. The Test Facility provides subscribers with a virtual
system test environment that closely approximates the production
environment and on which they may test their automated systems that
integrate with the Exchange. For example, subscribers may test upcoming
Exchange releases and product enhancements, as well as test software
prior to implementation. The Exchange proposes to assess certain fees
for use of the Test Facility. Specifically, the Exchange proposes that
subscribers to the Test Facility located in Carteret, New Jersey shall
pay a fee of $1,000 per hand-off, per month for connection to the Test
Facility. The hand-off fee will includes [sic] either a 1 GB or 10 GB
switch port and a cross connect to the Test Facility. Subscribers will
also pay a one-time installation fee of $1,000 per handoff.
    Finally, for each of the connectivity options discussed above, the
Exchange proposes to include language in the fee schedule which states
that connectivity to the Exchange also applies to connectivity to all
of the other Nasdaq, Inc. markets, including Nasdaq, BX, Phlx, MRX, and
GEMX. This purpose of this proposal is to specify that a client can use
the connections it establishes and maintains to connect, not only to
the Exchange, but also to any or all of its sister exchanges, and in
doing so, it will be billed only once.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\6\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\7\ in particular, in that it is designed 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)(5).
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    The Exchange believes that it is reasonable to eliminate its
existing Ethernet, FIX, and API connectivity offerings and their
associated fees as the Exchange is migrating to a new platform that
will offer new connectivity options. The Exchange notes that its
customers have had ample prior notice of this transition.
    The Exchange believes that proposed new connectivity fees are
reasonable as a means of covering its costs associated

with providing new connectivity options. Moreover, these new fees are
reasonable because they are similar to or the same as the connectivity
fees that the Exchange's sister exchanges, including Nasdaq, BX, and
Phlx, charge under their respective rules.\8\ They are also the same as
those connectivity fees that GEMX and MRX are proposing to assess in
filings being submitted to the Commission concurrently with this one.
The Exchange also believes that it is reasonable and in the interest of
the public and investors to harmonize all of the Exchange's
connectivity options and connectivity fees now that all of the Nasdaq,
Inc. exchanges are on a common platform.
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    \8\ See Nasdaq Rule 7030, BX Rule 7030, and Nasdaq Phlx LLC
Pricing Schedule Section VII.E (Test Facility); Nasdaq Rule 7034(b),
BX Rule 7034(b), and Nasdaq Phlx LLC Pricing Schedule Section X (co-
location); Nasdaq Rule 7051, BX Rule 7051, and Nasdaq Phlx LLC
Pricing Schedule Section XI (direct connectivity).
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    The Exchange believes that the proposed new fees are an equitable
allocation and are not unfairly discriminatory because the Exchange
will apply the same fees to all subscribers to the same connectivity
options.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. In terms of inter-market
competition, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive, or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees to remain competitive with other exchanges and with
alternative trading systems that have been exempted from compliance
with the statutory standards applicable to exchanges. Because
competitors are free to modify their own fees in response, and because
market participants may connect to third parties instead of directly
connecting to the Exchange, the Exchange believes that the degree to
which fee changes in this market may impose any burden on competition
is extremely limited.
    In this instance, the proposed changes to the charges assessed for
connectivity to the Exchange are consistent with the fees assessed by
other exchanges for the same or similar connectivity. Moreover, the
Exchange must assess fees to cover the costs incurred in providing
connectivity and members had been assessed fees for Exchange
connectivity prior to the sunset of the old Exchange architecture. As a
consequence, competition will not be burdened by the proposed fees. In
sum, if the changes proposed herein are unattractive to market
participants, it is likely that the Exchange will lose market share as
a result. Accordingly, the Exchange does not believe that the proposed
changes will impair the ability of members or competing order execution
venues to maintain their competitive standing in the financial markets.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \9\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \11\ normally
does not become operative prior to 30 days after the date of the
filing. However, Rule 19b-4(f)(6)(iii) \12\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange states that
the proposed rule change does not significantly affect the protection
of investors or the public interest because it will eliminate obsolete
connectivity services and replace them with services that customers
will need to connect to the Exchange via its new trading platform. The
Exchange further states that such connectivity services will be
similar, or the same, as those that are currently offered by other
Nasdaq, Inc. exchanges. Moreover, the Exchange states that the fees for
such connectivity that are similar to, or the same, as fees charged by
the other Nasdaq, Inc. exchanges.
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiver of the 30-day operative delay
is consistent with the protection of investors and the public interest.
The Commission notes that the proposal harmonizes the Exchange's co-
location offerings and fees with those of the other Nasdaq, Inc.
exchanges. Furthermore, waiver of the 30-day operative delay will
eliminate the confusion that could occur if different co-location
offerings were available on each of Nasdaq, Inc.'s affiliated
exchanges. Accordingly, the Commission hereby waives the 30-day
operative delay and designates the proposed rule change as operative
upon filing.\13\
---------------------------------------------------------------------------

    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

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 protected]. Please include
File Number SR-ISE-2017-91 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-ISE-2017-91. 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
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-ISE-2017-91 and should be
submitted on or before November 15, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-23118 Filed 10-24-17; 8:45 am]
 BILLING CODE 8011-01-P


August 25, 2009

MEMORANDUM

From:	Mindy Eisenberg, Associate Chief

	Drinking Water Protection Branch

To:	Docket ID No. EPA–HQ–OW–2005–0025

Subject:	OMB E.O. 12866 Review of Aircraft Drinking Water Rule (ADWR)

OMB completed its review and cleared the final ADWR on August 17, 2009.
The following key changes were made as a result of the review:

In cases of a total coliform-positive result, the aircraft may serve
water once the aircraft has been disinfected and flushed, and follow-up
samples taken, but before the follow-up sampling results come back from
the lab.  The air carrier may not serve water if any subsequent
follow-up sample is TC+. No changes to E. coli-positive results.

The corrective actions associated with failures to perform rule
requirements are differentiated between non-fecal-related events and
those that are associated with fecal events.

In the cost analysis and RFA analysis, annualized costs are presented as
both incremental costs and rule implementation costs.  While the
regulatory baseline is the existing NPDWRs and this is used in
presenting the incremental cost savings, the final rule requirements
were also compared against the AOCs and that cost is presented.  In
addition, the small businesses were further analyzed in the RFA section
by estimating cost savings for small businesses with fewer than 500
employees and those with 500 and more.

The routine disinfection and flushing and monitoring frequencies were
clarified to show EPA’s intent that air carriers disinfect and flush
or monitor within the prescribed period so that the routine events are
evenly spaced throughout the year.

Aircraft with a removable/portable tank (regardless of size) which is
drained daily before use, and with only one tap onboard may take one 100
mL routine sample.


[Federal Register Volume 84, Number 45 (Thursday, March 7, 2019)]
[Notices]
[Pages 8326-8327]
[FR Doc No: 2019-04147]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-52-000]

Natural Gas Pipeline Company of America, LLC; Notice of Intent To
Prepare an Environmental Assessment for the Proposed Lockridge
Extension Pipeline Project and Request for Comments on Environmental
Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Lockridge Extension Pipeline
Project involving construction and operation of facilities by Natural
Gas Pipeline Company of America, LLC (Natural) in Ward, Reeves, and
Pecos Counties, Texas. The Commission will use this EA in its decision-
making process to determine whether the project is in the public
convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies about issues regarding the project. The National Environmental
Policy Act (NEPA) requires the Commission to take into account the
environmental impacts that could result from its action whenever it
considers the issuance of a Certificate of Public Convenience and
Necessity. NEPA also requires the Commission to discover concerns the
public may have about proposals. This process is referred to as
scoping. The main goal of the scoping process is to focus the analysis
in the EA on the important environmental issues. By this notice, the
Commission requests public comments on the scope of issues to address
in the EA. To ensure that your comments are timely and properly
recorded, please submit your comments so that the Commission receives
them in Washington, DC on or before 5:00pm Eastern Time on April 1,
2019.
    You can make a difference by submitting your specific comments or
concerns about the project. Your comments should focus on the potential
environmental effects, reasonable alternatives, and measures to avoid
or lessen environmental impacts. Your input will help the Commission
staff determine what issues they need to evaluate in the EA. Commission
staff will consider all filed comments during the preparation of the
EA.
    If you sent comments on this project to the Commission before the
opening of this docket on January 18, 2019, you will need to file those
comments in Docket No. CP19-52-000 to ensure they are considered as
part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the project, that approval conveys with it the right of
eminent domain. Therefore, if you and the company do not reach an
easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law.
    Natural provided landowners with a fact sheet prepared by the FERC
entitled An Interstate Natural Gas Facility On My Land? What Do I Need
To Know? This fact sheet addresses a number of typically asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC website (www.ferc.gov) at https://www.ferc.gov/resources/guides/gas/gas.pdf.

Public Participation

    The Commission offers a free service called eSubscription which
makes it easy to stay informed of all issuances and submittals
regarding the dockets/projects to which you subscribe. These instant
email notifications are the fastest way to receive notification and
provide a link to the document files which can reduce the amount of
time you spend researching proceedings. To sign up go to www.ferc.gov/docs-filing/esubscription.asp.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. Using eComment is an easy
method for submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on eRegister. You will be asked to select the type of filing you are
making; a comment on a particular project is considered a Comment on a
Filing; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(CP19-52-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A,
Washington, DC 20426.

Summary of the Proposed Project

    Natural proposes to construct, install, operate, and maintain the
Project, which would provide up to 500 million standard cubic feet per
day of firm transportation capacity southbound on Natural's existing
Lockridge Pipeline and the proposed project to the new bidirectional
interconnect with Trans-Pecos Pipeline, LLC at the Waha Hub, a major
natural gas trading point in the Gulf region.
    The Lockridge Extension Pipeline Project would consist of the
following facilities:

     Approximately 16.8 miles, of new 30-inch-diameter pipeline
in Ward, Reeves, and Pecos Counties, Texas;
     a new bidirectional interconnect, including two 10-inch-
diameter ultrasonic meter runs and a 30-inch-diameter tap in Pecos
County, Texas; and
     appurtenant and auxiliary facilities, including:
    [cir] two 30-inch-diameter tees, valves, and risers for potential
future use;
    [cir] piping and valves to interconnect the pipeline extension to
the existing Lockridge Pipeline in Ward County, Texas; and
    [cir] relocating the pig receiver currently at the beginning of the
pipeline extension to the end of pipeline extension in Pecos County,
Texas.\1\
---------------------------------------------------------------------------

    \1\ A pig is a tool that the pipeline company inserts into and
pushes through the pipeline for cleaning the pipeline, conducting
internal inspections, or other purposes.
---------------------------------------------------------------------------

    The general location of the project facilities is shown in appendix
1.\2\
---------------------------------------------------------------------------

    \2\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called eLibrary or from the Commission's Public
Reference Room, 888 First Street NE, Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
---------------------------------------------------------------------------

Land Requirements for Construction

    The proposed construction workspace for the project (i.e.,
temporary workspace, additional temporary workspace, access roads,
contractor yards, aboveground appurtenant facilities) is approximately
341 acres. Operation of the project facilities would require
approximately 103 acres that would be maintained as new permanent
operational rights-of-way or as fee property for the aboveground
appurtenant facilities and associated access roads.
    Approximately 91 percent of the proposed pipeline extension would
be parallel and adjacent to existing utility (pipeline and powerline)
rights-of-way.

The EA Process

    The EA will discuss impacts that could occur as a result of the
construction and operation of the proposed project under these general
headings:
     Geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     air quality and noise;
     public safety; and
     cumulative impacts
    Commission staff will also evaluate reasonable alternatives to the
proposed project or portions of the project, and make recommendations
on how to lessen or avoid impacts on the various resource areas.
    The EA will present Commission staffs' independent analysis of the
issues. The EA will be available in electronic format in the public
record through eLibrary \3\ and the Commission's website (https://www.ferc.gov/industries/gas/enviro/eis.asp). If eSubscribed, you will
receive instant email notification when the EA is issued. The EA may be
issued for an allotted public comment period. Commission staff will
consider all comments on the EA before making recommendations to the
Commission. To ensure Commission staff have the opportunity to address
your comments, please carefully follow the instructions in the Public
Participation section, beginning on page [2].
---------------------------------------------------------------------------

    \3\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
---------------------------------------------------------------------------

    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues of this project to formally cooperate in the
preparation of the EA.\4\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice.
---------------------------------------------------------------------------

    \4\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the applicable State Historic Preservation Office,
and to solicit their views and those of other government agencies,
interested Native American Tribes, and the public on the project's
potential effects on historic properties.\5\ The EA for this project
will document findings on the impacts on historic properties and
summarize the status of consultations under section 106.
---------------------------------------------------------------------------

    \5\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. Commission staff will update the environmental
mailing list as the analysis proceeds to ensure that Commission notices
related to this environmental review are sent to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project.
    If the Commission issues the EA for an allotted public comment
period, a Notice of Availability of the EA will be sent to the
environmental mailing list and will provide instructions to access the
electronic document on the FERC's website (www.ferc.gov). If you need
to make changes to your name/address, or if you would like to remove
your name from the mailing list, please return the attached ``Mailing
List Update Form'' (appendix 2).

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on General Search and enter the docket number in
the Docket Number field, excluding the last three digits (i.e., CP19-
52). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or<PHONE_NUMBER>, or for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of all
formal documents issued by the Commission, such as orders, notices, and
rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along
with other related information.

    Dated: March 1, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-04147 Filed 3-6-19; 8:45 am]
BILLING CODE 6717-01-P


"Johansson, Robert"<EMAIL_ADDRESS> 06/13/2007 03:38 PM

To

Lydia Wegman/RTP/USEPA/US@EPA

cc

Subject

FW: DOE comments

Hi Lydia,

Here is a comment/request from DOE for the preamble.

Cheers,

Rob

________________________________________________

Robert Johansson, Ph.D.

OMB/OIRA/NREA

725 17th St. NW, Room 10202

Washington, DC 20503

(P)<PHONE_NUMBER>

(F)<PHONE_NUMBER>

(E<EMAIL_ADDRESS>

DOE also requests the following addition to the NPRM Preamble:

On pg. 180 of the Preamble, running over to page 181, after the number (4), there are these words (in red):

        (4)     Much of the contribution to the risk estimates for nonaccidental and cardiorespiratory mortality upon just meeting the current 8-hour standard is associated with 24-hour O3 concentrations between background and 0.040 ppm.  Based on examining relationships between 24-hour concentrations averaged across the monitors within an urban area and 8-hour daily maximum concentrations, 8-hour daily maximum levels at the highest monitor in an urban area associated with these averaged 24-hour levels are generally about twice as high.  Thus, most O3-related nonaccidental mortality is estimated to occur when O3 concentrations are between background and when the highest monitor in the urban area is at or below 0.080 ppm, 8-hour average concentration.

Please add the following words (in blue) immediately at the end of the above passage:

Because most of the risk estimates for mortality are estimated to occur between background and ozone levels of 0.040 ppm, levels of emissions of ozone and of ozone precursors which enter the U.S. from bordering neighbor countries may be important contributors to these risks during the ozone season.  The Administrator seeks comments on this subject, including levels and percentages of ozone when ozone levels are 0.040 ppm or below, in order to better quantify risks from U.S. sources.

For questions about these comments, please call Thomas Grahame at 586-7149.


[Federal Register Volume 87, Number 73 (Friday, April 15, 2022)]
[Proposed Rules]
[Pages 22496-22498]
[FR Doc No: 2022-08049]

========================================================================
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. 87, No. 73 / Friday, April 15, 2022 /
Proposed Rules

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0269]
RIN 1625-AA00

Safety Zone; Fireworks Display, Willamette River, Portland, OR

AGENCY: Coast Guard, Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain navigable waters of the Willamette River. This action
is necessary to provide for the safety of life on these navigable
waters near Portland, OR, during a fireworks display on May 27, 2022.
This proposed rulemaking would prohibit persons and vessels from being
in the safety zone unless authorized by the Captain of the Port Sector
Columbia River or a designated representative. We invite your comments
on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before May 2, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0269 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Sean Murphy, Waterways Management
Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-
240-9319, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port Sector Columbia River

II. Background, Purpose, and Legal Basis

    On March 8, 2022, Western Display Fireworks, LTD notified the Coast
Guard that it will be conducting a fireworks display from 9:30 to 11
p.m. on May 27, 2022, for the Portland Rose Festival Opening Night. The
proposed safety zone would last from 8:30 p.m. on May 27, 2022, to
12:00 a.m. on May 28, 2022. The fireworks are to be launched from a
barge in the Willamette River between the Hawthorne and Marquam
Bridges, Portland, OR. Hazards from fireworks displays include
accidental discharge of fireworks, dangerous projectiles, and falling
hot embers or other debris. The Captain of the Port Sector Columbia
River (COTP) has determined that potential hazards associated with the
fireworks display would be a safety concern for anyone within the
designated area of the safety zone before, during, or after the
fireworks display.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the designated area before, during, and
after the scheduled event. The Coast Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 8:30 p.m. on
May 27, 2022, to midnight 12:00 a.m. on May 28, 2022. The safety zone
would cover all navigable waters of the Columbia River, from surface to
bottom, between the Hawthorne and Marquam Bridges. The fireworks barge
location will be at the following approximate point: 45[deg]30'37.61''
N/122[deg]40'11.81'' W. The safety zone would encompass approximately
500 feet. The duration of the zone is intended to ensure the safety of
vessels and these navigable waters before, during, and after the
scheduled 9:30 to 11 p.m. fireworks display. No vessel or person would
be permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. A designated representative
means any Coast Guard commissioned, warrant, or petty officer who has
been authorized by the COTP to act on his behalf, or a Federal, State,
and local officer designated by or assisting the COTP in the
enforcement of the safety zone. Vessel operators desiring to enter or
operate within the safety zone would contact the COTP's on-scene
designated representative by calling<PHONE_NUMBER> or the Sector
Columbia River Command Center on Channel 16 VHF-FM. The regulatory text
we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, and duration of the safety zone. The safety zone will impact
approximately 500 feet of the Columbia River before, during, and after
the fireworks event for 3.5 hours and thus is limited in scope.
Moreover, the Coast Guard would issue a Notice to Mariners about the
zone, and the rule would allow vessels to seek permission to enter the
zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions

with populations of less than 50,000. The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule would not have a significant
economic impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting 1.5 hours that would prohibit entry between 2 bridges
within approximately 500 yards near a fireworks barge. Normally such
actions are categorically excluded from further review under paragraph
L60 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A preliminary Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2022-0269 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T13-0269 to read as follows:

Sec.  165.T13-0269   Safety Zone; Fireworks Display, Willamette River,
Portland, OR.

    (a) Location. The following area is a safety zone: All navigable
waters of the Willamette River, surface to bottom, between the
Hawthorne and Marquam Bridges, Portland, OR. The fireworks barge
location will be at the approximate point of 45[deg]30'37.61'' N/
122[deg]40'11.81'' W.
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port Columbia River
(COTP) in the enforcement of the safety zone.
    Participant means all persons and vessels registered with the event
sponsor as a participant in the race.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by calling<PHONE_NUMBER> or the Sector Columbia River
Command Center on Channel 16 VHF-FM. Those in the safety zone must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
    (3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
    (d) Enforcement period. This section will be enforced from 8:30
p.m. on May 27, 2022, to 12:00 a.m. on May 28, 2022. It will be subject
to enforcement this entire period unless the COTP determines it is no
longer needed, in which case the Coast Guard will inform mariners via
Notice to Mariners.

    Dated: April 7, 2022.
M.S. Jackson,
Captain, U.S. Coast Guard, Captain of the Port Sector Columbia River.
[FR Doc. 2022-08049 Filed 4-14-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 115 (Thursday, June 17, 2021)]
[Notices]
[Page 32253]
[FR Doc No: 2021-12778]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-2117-000]

Little Blue Wind Project, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Little Blue Wind Project, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 1, 2021.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TTY,<PHONE_NUMBER>.

    Dated: June 11, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-12778 Filed 6-16-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Notices]
[Pages 72658-72661]
[FR Doc No: 2016-25389]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0288; FMCSA-2012-0281; FMCSA-2014-0306; FMCSA-
2014-0307]

Qualification of Drivers; Exemption Applications; Diabetes

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

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

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

SUMMARY: FMCSA announces its decision to renew the exemptions of 71
individuals from its rule prohibiting persons with insulin-treated
diabetes mellitus (ITDM) from operating commercial motor vehicles
(CMVs) in interstate commerce. FMCSA has statutory authority to exempt
individuals from this rule if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these CMV drivers.

DATES: Each group of renewed exemptions are effective from the dates

stated in the discussions below. Comments must be received on or before
November 21, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. FMCSA-2010-0288; FMCSA-
2012-0281; FMCSA-2014-0306; FMCSA-2014-0307, using any of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     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., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 p.m.
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the Federal Motor Carrier Safety Regulations 2-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The statute also allows the Agency to renew
exemptions at the end of the 2-year period. The 71 individuals listed
in this notice have recently become eligible for a renewed exemption
from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to
drivers of CMVs in interstate commerce. The drivers remain in good
standing with the Agency, have maintained their required medical
monitoring and have not exhibited any medical issues that would
compromise their ability to safely operate a CMV during the previous 2-
year exemption period.

Exemption Decision

    This notice addresses 71 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. These 71 drivers
remain in good standing with the Agency, have maintained their required
medical monitoring and have not exhibited any medical issues that would
compromise their ability to safely operate a CMV during the previous 2-
year exemption period. Therefore, FMCSA has decided to extend each
exemption for a renewable two-year period. Each individual is
identified according to the renewal date.
    The exemptions are renewed subject to the following conditions: (1)
That each individual submit a quarterly monitoring checklist completed
by the treating endocrinologist as well as an annual checklist with a
comprehensive medical evaluation; (2) that each individual reports
within 2 business days of occurrence, all episodes of severe
hypoglycemia, significant complications, or inability to manage
diabetes; also, any involvement in an accident or any other adverse
event in a CMV or personal vehicle, whether or not it is related to an
episode of hypoglycemia; (3) that each individual submit an annual
ophthalmologist's or optometrist's report; and (4) that each individual
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file, or keep a copy in his/her
driver's qualification file if he/she is self-employed. The driver must
also have a copy of the certification when driving, for presentation to
a duly authorized Federal, State, or local enforcement official.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. The following groups of
drivers received renewed exemptions in the month of November and are
discussed below.
    As of November 1, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 27 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce. (79 FR 59351; 79 FR
77082):

Noe D. Aguilar (CA)
David N. Banks (NC)
Wayne W. Best (PA)
Gregory K. Blythe (IL)
Justin M. Brown (MT)
Clayton G. Hardwick (KY)
Audie C. Holton (GA)
John F. Kincaid (IL)
Craig T. LaPresti (PA)
Lester M. Lee, Jr. (GA)
Aretha Lewis (VA)
Marvin D. Mathis (NC)
Brian M. McFadden (MA)
Sean K. Myhand (GA)
Glen R. Parry (NM)
George E. Patton (AL)
Michael J. Ramey (CO)
Richard J. Rasmussen (NE)
Mark L. Rigby (UT)
Jeffrey K. Roberts (WI)
Marvin A. Ryan (IN)
Eric R. Storm (GA)
Daniel A. Swain (TX)
Sean P. Thomas (IN)
Glenn R. Tyrrell (MN)
Lewis W. Vaught Jr. (NC)
William L. Wiltrout (PA)

    The drivers were included in Docket No. FMCSA-2014-0306. Their
exemptions are effective as of November 1, 2016 and will expire on
November 1, 2018.
    As of November 16, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 14 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce. (75 FR 59788; 75 FR
70077):

Shale W. Anderson (FL)

Charles L. Arnburg (IA)
Ronald D. Ayers (WV)
Garrett D. Couch (MI)
Mark W. Garver (MN)
Donald S. Keller (MI)
Jason M. Luper (MO)
Harold L. Phillips (OK)
Heath A. Senkel (TX)
Roland R. Unruh (KS)
Norman J. VanTuyle II (MI)
John M. Warden (TX)
Donald E. Weadon (MD)
Douglas W. Williams (TN)

    The drivers were included in Docket No. FMCSA-2010-0288. Their
exemptions are effective as of November 16, 2016 and will expire on
November 16, 2018.
    As of November 22, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 21 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce. (79 FR 63214; 80 FR
1070):

Jeffrey S. Argabright (OH)
James L. Crane (MS)
Donald L. Feltman (MN)
Benjamin T. Filip (ND)
Harold L. Gomez (LA)
Arthur M. Gonzalez (TX)
William T. Jensen (NJ)
Robert W. Johnson, Sr. (NY)
Joseph J. Karas (NJ)
Randy C. Lee (NY)
John R. Miller II (OR)
Robert A. Nicolai (MO)
William P. Pearson, II (WI)
Alan M. Primus (IA)
Danny L. Reimers (NM)
Michael L. Reynolds (NC)
Samuel H. Schmidt (MN)
Timothy W. Selk (AK)
Dennis J. Stanley (WI)
Steven M. Weimer (PA)
Michael L. Westbury (SC)

    The drivers were included in Docket No. FMCSA-2014-0307. Their
exemptions are effective as of November 22, 2016 and will expire on
November 22, 2018.
    As of November 26, 2016, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 9 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce. (77 FR 59447; 77 FR
70529):

Charles E. Castle (OH)
Larry W. Dearing (IN)
Bradley E. DeWitt (WA)
Leonard R. Dobosenski (MN)
Michael L. Kiefer (SD)
Marcus J. Kyle (IA)
Robert C. Moore (PA)
Jedediaha C. Record (WY)
Jessie L. Webster (KY)

    The drivers were included in Docket No. FMCSA-2012-0281. Their
exemptions are effective as of November 26, 2016 and will expire on
November 26, 2018.
    Each of the 71 drivers in the aforementioned groups qualifies for a
renewal of the exemption. They have maintained their required medical
monitoring and have not exhibited any medical issues that would
compromise their ability to safely operate a CMV during the previous 2-
year exemption period.
    These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each of the
71 drivers for a period of two years is likely to achieve a level of
safety equal to that existing without the exemption. The drivers were
included in docket numbers FMCSA-2010-0288; FMCSA-2012-0281; FMCSA-
2014-0306; FMCSA-2014-0307.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by November 21, 2016.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 71 individuals from rule
prohibiting persons with ITDM from operating CMVs in interstate
commerce in 49 CFR 391.41(b)(3). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the medical condition of each applicant for an exemption from
rule prohibiting persons with ITDM from operating CMVs in interstate
commerce. That information is available by consulting the above cited
Federal Register publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

Submitting Comments

    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 that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket numbers FMCSA-2010-0288; FMCSA-
2012-0281; FMCSA-2014-0306; FMCSA-2014-0307 and click the search
button. When the new screen appears, click on the blue ``Comment Now!''
button on the right hand side of the page. On the new page, enter
information required including the specific section of this document to
which each comment applies, and provide a reason for each suggestion or
recommendation. 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.
    We will consider all comments and material received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2010-0288; FMCSA-2012-0281; FMCSA-2014-0306;
FMCSA-2014-0307 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to this
notice.

    Issued on: October 14, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-25389 Filed 10-19-16; 8:45 am]
 BILLING CODE 4910-EX-P