[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Notices]
[Pages 11115-11117]
[FR Doc No: 2022-04073]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0144]

[Hours of Service of Drivers: Mountain Blade Runner Helicopters,
LLC (MBR Helicopters); Application for Exemption

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

ACTION: Notice of final disposition; denial of application for
exemption.

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SUMMARY: FMCSA announces its decision to deny the exemption request
from Mountain Blade Runner Helicopters, LLC (MBR Helicopters) for an
exemption from the hours-of-service (HOS) regulations for operators of
its ground support equipment. MBR Helicopters requested relief from the
14-hour ``driving window'' rule and the requirement that drivers have
10 consecutive hours off duty at the end of the work shift. The
exemption would allow drivers of MBR Helicopters' ground support
equipment a 16-hour window to complete all driving and enable them to
use an 8-consecutive hour off-duty break, combined with at least 2
additional off-duty hours during the 16-hour driving window. FMCSA
analyzed the exemption application and public comments, and determined
that the application lacked evidence that the exemption would ensure a
level of safety equivalent to or greater than that which would be
achieved absent such exemption.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards;<PHONE_NUMBER>; [email protected]. If you have questions
on viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, FMCSA-2020-0144 in the ``Keyword'' box and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document to review. If you do not have access to the internet, you
may view the docket online by visiting the Docket Management Facility
in Room W12-140 on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal holidays. To be sure
someone is there to help you, please call<PHONE_NUMBER> or (202) 366-
9826 before visiting Dockets Operations.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption request in the
Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or

class of persons receiving the exemption, and the regulatory provision
from which the exemption is granted. The notice must also specify the
effective period (up to 5 years) and explain the terms and conditions
of the exemption. The exemption may be renewed (49 CFR 381.300(b)).

III. Current Regulations

    Under 49 CFR 395.3(a)(1), a driver may not drive without first
taking 10 consecutive hours off duty, and 49 CFR 395.3(a)(2) permits a
driver to drive only during a period of 14 consecutive hours after
coming on duty following 10 consecutive hours off duty. The driver may
not drive after the end of the 14-consecutive-hour period, without
first taking 10 consecutive hours off duty.

IV. Request for Exemption

    MBR Helicopters requested relief from the 14-hour ``driving
window'' rule and the requirement that drivers have 10 consecutive
hours off duty at the end of the work shift. The requested exemption
would allow drivers of MBR Helicopters' ground support equipment a 16-
hour window within which to complete all driving and enable them to use
an 8-consecutive hour off-duty break, combined with at least 2
additional off-duty hours during the 16-hour driving window.
    MBR Helicopters has been serving the utility helicopter industry
and its customers since 2008 in the State of Colorado and across the
United States. MBR Helicopters requested this exemption for
approximately 10 of its drivers of ground support commercial motor
vehicles (CMVs), all of whom possess commercial driver licenses (CDLs)
with applicable endorsements. MBR Helicopters currently operates a
fleet of Class 5 straight trucks and pickup trucks that pull trailers.
Drivers of ground support equipment are specially trained to refuel,
rig, reload, and maintain helicopters. They also operate CMVs
transporting helicopter fuel that requires a CDL with a hazardous
materials and tank endorsement.
    The driver of an MBR Helicopters ground-support CMV typically
drives an average of 60 miles one way to a remote landing zone, arrives
at dawn, performs duties during the day, drives back to an airport to
refill the tank with helicopter fuel, then drives back to the place of
lodging near dusk. During the day, ground crew members have relatively
few duties, allowing 2 or more hours off duty between tasks. This
schedule varies greatly depending on customer needs. In general,
however, when not responding to or returning from incidents, work days
usually last about 8 to 10 hours, including all on-duty and driving
time.
    MBR Helicopters' contracts with government agencies specify that
its maintenance personnel must be available for a maximum of 14 hours,
and that maintenance personnel may extend their duty day to 16 hours.
The ground crews travel between the helicopter base and the place of
lodging, thus making it difficult to stay within the 14-hour limit
because of travel before and after the work day.

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

    To ensure an equivalent level of safety, MBR Helicopters proposed
the following conditions and alternative HOS provisions:
     MBR Helicopters' drivers would, on average, use the
exemption once every 2 weeks during the months of April through
October;
     MBR Helicopters' drivers would not drive after the 16th
hour after coming on duty;
     MBR Helicopters' drivers would take 8 hours consecutively
off duty before coming on duty again;
     MBR Helicopters' drivers must have at least 2 hours off
duty during the16-hour period; and
     MBR Helicopters' drivers must be responding to or
returning from an active incident as requested by an officer of a
public agency or public utility.
    MBR Helicopters stated that these conditions and alternatives are
designed to keep the drivers using the potential exemption from driving
fatigued. MBR Helicopters added that these conditions would ensure that
the drivers authorized to use this exemption have guidelines that would
enable them to use it only when necessary.

VI. Public Comments

    On December 18, 2020, FMCSA published notice of the MBR Helicopters
application and requested public comment (85 FR 82574). The Agency
received two comments, both opposing the exemption request. The
Commercial Vehicle Safety Alliance stated the following:

    In MBR Helicopters' request they fail to adequately identify how
their drivers will maintain an equivalent level of safety while
operating under extended hours-of-service requirements, which is a
key component to a credible exemption request. Granting this request
would extend the amount of time drivers can operate, exposing them
to higher risk for fatigue and negatively impacting safety. Under
extenuating emergency circumstances, emergency declarations are
issued that waive the hours-of-service requirements for drivers
responding to the emergency. Emergency declarations exist for the
exact reasons outlined in the exemption request, to allow for
operation beyond the current hours-of-service framework when there
is an emergency that requires an expedited response. Short of an
emergency declaration, there isn't a reasonable need for relaxation
of the hours-of-service requirements to the level requested in this
application. FMCSA should deny the exemption request.

    Mr. Michael Millard added:

    When working wildfires and other emergency activities MBR has
the use of Part 390.23 as applicable to work the emergency based on
its safety protocols. MBR doesn't specify whether or not the eight-
hour break includes a commute time to and from work which makes the
eight hours more like six hours or less. I hope the FMCSA denies
MBR's request. If eight hours were suitable for drivers to get
adequate rest, then the Federal Motor Carrier Safety Regulations
should be revised to accommodate the trucking industry.

VII. FMCSA Safety Analysis and Decision

    When the Agency established the HOS rules, it relied upon research
indicating that the requirements improve CMV safety. The HOS
regulations provide a 14-hour window within which all driving must be
completed and, with the exception of the adverse driving clause dna the
sleeper berth provision, all drivers subject to the HOS requirements
must adhere to this restriction which helps to ensure that drivers
remain alert during the work shift. In addition, the current
regulations require that drivers of property-carrying vehicles have 10
consecutive hours off duty at the end of the work shift to ensure
adequate opportunities for recuperative rest prior to the beginning of
the next work shift.
    The exemption application does not provide sufficient
countermeasures to enable the Agency to conclude that the exemption
would likely achieve a level of safety equivalent to, or greater than,
the level that would be achieved by complying with the current
regulations. There is no basis to conclude that extending the 14-hour
``driving window'' for the applicant would ensure the requisite level
of safety or that decreasing the mandatory off-duty period would
provide drivers with a sufficient amount of rest.
    FMCSA has reviewed MBR's application and the public comments and
has concluded that the requisite level of safety cannot be ensured, for
the reasons discussed above. Accordingly,

FMCSA denies the request for an exemption.

Robin Hutcheson,
Acting Administrator.
[FR Doc. 2022-04073 Filed 2-25-22; 8:45 am]
BILLING CODE 4910-EX-P


QUESTIONS YOUR RESPONSE 1. Number of CWISs: 4 ( source water pumps)

2. Brief description of each CWIS ( e. g., sea chest, simple pipe): Simple pipe ( J tube)

3. Rough dimensions of each CWIS and indicate whether CWIS has existing flange: 2 are 12 inch and 2 are 16 inch, flanged 4. Screen type ( e. g., strainer, wedge wire) with mesh size: None but there ia a screen at the pumps.

5. Total daily maximum design water intake volumn of each CWIS: 1800 GPM per CWIS ( 61714 BPD). Typically run three of four.

6. Total daily water intake volume of each CWIS ( set up/ drilling): 1800 GPM ( not sure on actual)

7. Total daily cooling water intake volume of each CWIS ( set up/ drilling): Almost all water is used for cooling ( assume 100%)

8. Design through screen velocity of each CWIS ( i. e., Q= V* A) ( set up/ drilling): Velocity through 12 inch = 5.1 ft/ sec, Velocity through 16 inch = 2.9 ft/ sec.

9. List purposes of cooling water intake ( e. g., cool crude oil, produced water, power generators, drill pipe brakes): Fuel burning equipment ( gas compressor lube oil, scavenger air, lift gas, drilling engine oil when drilling)

10. List purposes of non cooling water intakes ( e. g., fire, water, hotel loads) other than ballast water: Waterflood, firewater 11. Total volume of water intake for ballasting, duration of ballast intake, and through screen velocity of ballast intake: NA 12. Describe mitigation measures used for reducing impingement and entrainment of aquatic organisms ( e. g., sea chest screens, strainers): None 13. Describe measures used to reduce or prevent biofouling: None 14. Describe mitigation measures used for reducing exotic species migration through ballast water: NA OCS Lease and Block: Platform Name: Dolly Varden Platform COOLING WATER INTAKE STRUCTURE ( CWIS) INFORMATION The following questions apply to cooling water intake structure( s) at oil and gas extraction facility. If you own more than one facilty, please copy the questions and answer separately for each facility.

Prospect or Field Name: Company: Unocal


[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Pages 33395-33396]
[FR Doc No: 2021-13245]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92204; File No. SR-CBOE-2021-029]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change To Increase Position Limits for Options on Certain Exchange-
Traded Funds and an Exchange-Traded Note

June 17, 2021.
    On April 21, 2021, Cboe Exchange, Inc. (``Exchange'') filed with
the Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to increase
position limits for options on certain exchange-traded funds and an
exchange-traded note. The proposed rule change was published for
comment in the Federal Register on May 10, 2021.\3\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 91767 (May 4, 2021),
86 FR 25026.
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    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding, or as to which the

self-regulatory organization consents, the Commission shall either
approve the proposed rule change, disapprove the proposed rule change,
or institute proceedings to determine whether the proposed rule change
should be disapproved. The 45th day after publication of the notice for
this proposed rule change is June 24, 2021.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds it appropriate
to designate a longer period within which to take action on the
proposed rule change so that it has sufficient time to consider the
proposed rule change.
    Accordingly, pursuant to Section 19(b)(2) of the Act,\5\ the
Commission designates August 8, 2021 as the date by which the
Commission shall either approve or disapprove, or institute proceedings
to determine whether to disapprove, the proposed rule change (File No.
SR-CBOE-2021-029).
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    \5\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-13245 Filed 6-23-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Notices]
[Pages 68340-68343]
[FR Doc No: 2010-27950]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

October 28, 2010.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER96-780-030; ER00-3240-020; ER01-1633-017.
    Applicants: Southern Company Services, Inc.; Oleander Power
Project, LP; Southern Company--Florida LLC.
    Description: Report of Non-Material Change in Estimated Coal
Reserves of Southern Company Services, Inc.
    Filed Date: 10/27/2010.
    Accession Number: 20101027-5057.

    Comment Date: 5 p.m. Eastern Time on Wednesday, November 17, 2010.

    Docket Numbers: ER03-198-016.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company Notice of Non-
Material Change in Status.
    Filed Date: 10/28/2010.
    Accession Number: 20101028-5120.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 18, 2010.

    Docket Numbers: ER07-312-006; EL10-74-000.
    Applicants: Dogwood Energy LLC.
    Description: Response of Dogwood Energy LLC to Show Cause Order.
    Filed Date: 10/12/2010.
    Accession Number: 20101012-5310.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 18, 2010.

    Docket Numbers: ER10-895-007.
    Applicants: The Detroit Edison Company.
    Description: Amendment to Request for Delay in Effectiveness of the
Notice of Cancellation of The Detroit Edison Company.
    Filed Date: 10/27/2010.
    Accession Number: 20101027-5164.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 17, 2010.

    Docket Numbers: ER10-2032-001.
    Applicants: Duke Energy Kentucky, Inc.
    Description: Duke Energy Kentucky, Inc. submits a Certificate of
Concurrence and Compliance Filing, to be effective 7/29/2010.
    Filed Date: 10/28/2010.
    Accession Number: 20101028-5034.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 18, 2010.

    Docket Numbers: ER10-2033-001.
    Applicants: Duke Energy Ohio, Inc.
    Description: Duke Energy Ohio, Inc. submits tariff filing per 35:
Compliance Filing to be effective 7/29/2010.
    Filed Date: 10/28/2010.
    Accession Number: 20101028-5035.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 18, 2010.

    Docket Numbers: ER10-2393-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.17(b): 10-28-10 Amendment to be effective
2/2/2011.
    Filed Date: 10/28/2010.
    Accession Number: 20101028-5097.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 18, 2010.

    Docket Numbers: ER10-2552-001.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.17(b): Resubmission Amendment to IFA with City of
Riverside Wilderness Substation to be effective 11/8/2010.
    Filed Date: 10/26/2010.
    Accession Number: 20101026-5163.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 09, 2010.

    Docket Numbers: ER10-2746-002.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits tariff filing per 35:
PJM Interregional Agreements Baseline Errata re: ER10-2746-000 to be
effective 9/17/2010.
    Filed Date: 10/26/2010.
    Accession Number: 20101026-5150.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 16, 2010.

    Docket Numbers: ER11-1910-000.
    Applicants: Illinois Power Company.
    Description: Illinois Power Company submits tariff filing per
35.15: Cancel Illinois Power Tariff ID to be effective 10/1/2010.
    Filed Date: 10/26/2010.
    Accession Number: 20101026-5143.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 16, 2010.

    Docket Numbers: ER11-1911-000.
    Applicants: Idaho Power Company.
    Description: Idaho Power Company submits tariff filing per 35:
RM10-22 Compliance filing to be effective 10/26/2010.
    Filed Date: 10/26/2010.
    Accession Number: 20101026-5149.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 16, 2010.

    Docket Numbers: ER11-1912-000.
    Applicants: Nevada Power Company.
    Description: Nevada Power Company submits tariff filing per
35.13(a)(2)(iii): Rate Schedule No. 120 Amended & Restated
Interconnection to be effective 10/25/2010.
    Filed Date: 10/26/2010.
    Accession Number: 20101026-5162.
    Comment Date: 5 p.m. Eastern Time on Tuesday, November 16, 2010.

    Docket Numbers: ER11-1913-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. submits tariff filing per
35.13(a)(2)(iii): 2011 NESCOE Budget to be effective 1/1/2011.
    Filed Date: 10/27/2010.
    Accession Number: 20101027-5026.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 17, 2010.

    Docket Numbers: ER11-1914-000.
    Applicants: ISO New England Inc., New England Power Pool
Participants Committee.
    Description: ISO New England Inc. submits tariff filing per
35.13(a)(2)(iii): Various Revisions to FCM Rules to be effective 1/1/
2011.
    Filed Date: 10/27/2010.
    Accession Number: 20101027-5056.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 17, 2010.

    Docket Numbers: ER11-1915-000.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits tariff
filing per 35.13(a)(1): PNM Notice of Transmission Rate Changes--Part 1
of 3 to be effective 1/1/2011.
    Filed Date: 10/27/2010.
    Accession Number: 20101027-5079.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 17, 2010.

    Docket Numbers: ER11-1916-000.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits tariff
filing per 35.13(a)(1): PNM Notice of Transmission Rate Changes--Part 2
of 3 to be effective 1/1/2011.
    Filed Date: 10/27/2010.
    Accession Number: 20101027-5080.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 17, 2010.

    Docket Numbers: ER11-1917-000.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits tariff
filing per 35.13(a)(1): PNM Notice of Transmission Rate Changes--Part 3
of 3 to be effective 1/1/2011.
    Filed Date: 10/27/2010.
    Accession Number: 20101027-5081.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 17, 2010.

    Docket Numbers: ER11-1918-000.
    Applicants: ISO New England Inc., New England Power Company.
    Description: ISO New England Inc. submits tariff filing per
35.13(a)(2)(iii): RI Genco LGIA--Original Service Agreement No. LGIA-
ISONE/NEP-10-03 to be effective 10/21/2010.
    Filed Date: 10/27/2010.
    Accession Number: 20101027-5099.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 17, 2010.

    Docket Numbers: ER11-1919-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits tariff filing per
35.13(a)(2)(iii): WMPA No. 2653, Queue W1-101, PSE&G and PSE&G to be
effective 9/27/2010.
    Filed Date: 10/27/2010.
    Accession Number: 20101027-5102.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 17, 2010.

    Docket Numbers: ER11-1920-000.
    Applicants: New York Independent System Operator, Inc.

    Description: Request of the New York Independent System Operator
Inc. for Waivers of North American Energy Standards Board Wholesale
Electric Quadrant Standards.
    Filed Date: 10/27/2010.
    Accession Number: 20101027-5125.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 17, 2010.

    Docket Numbers: ER11-1921-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection, LLC submits tariff filing per
35.13(a)(2)(iii): WMPA No. 2651, Queue W1-099, PSE&G and PSE&G to be
effective 9/27/2010.
    Filed Date: 10/27/2010.
    Accession Number: 20101027-5130.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 17, 2010.

    Docket Numbers: ER11-1922-000.
    Applicants: Carolina Power & Light Company.
    Description: Carolina Power & Light Company submits tariff filing
per 35.13(a)(2)(iii): Revised Rate Schedule 187 of Carolina Power and
Light Co. to be effective 12/27/2010.
    Filed Date: 10/27/2010.
    Accession Number: 20101027-5131.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 17, 2010.

    Docket Numbers: ER11-1923-000.
    Applicants: Entergy Texas, Inc., Entergy Arkansas, Inc., Entergy
Gulf States Louisiana, LLC, Entergy Louisiana, LLC, Entergy
Mississippi, Inc., Entergy New Orleans, Inc.
    Description: Entergy Texas, Inc. submits tariff filing per
35.13(a)(2)(iii): Attachment X to the Entergy Operating Companies' OATT
to be effective 12/26/2010.
    Filed Date: 10/27/2010.
    Accession Number: 20101027-5132.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 17, 2010.

    Docket Numbers: ER11-1924-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Duke Energy Carolinas, LLC submits tariff filing per
35.13(a)(2)(iii): Amended and Restated Managing Non-Firm Parallel Flow
Agreement to be effective 12/27/2010.
    Filed Date: 10/27/2010.
    Accession Number: 20101027-5141.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 17, 2010.

    Docket Numbers: ER11-1925-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Notice of Termination of Midway-Sunset SFA of Pacific
Gas and Electric Company.
    Filed Date: 10/27/2010.
    Accession Number: 20101027-5157.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 17, 2010.

    Docket Numbers: ER11-1926-000.
    Applicants: California Power Exchange Corporation.
    Description: California Power Exchange Corporation submits tariff
filing per 35.12: Notice of Tariff Identifier for New eTariff Database
to be effective 10/28/2010.
    Filed Date: 10/28/2010.
    Accession Number: 20101028-5037.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 18, 2010.

    Docket Numbers: ER11-1927-000.
    Applicants: Wisconsin Public Service Corporation.
    Description: Notice of Cancellation of Service Agreement of
Wisconsin Public Service Corporation.
    Filed Date: 10/28/2010.
    Accession Number: 20101028-5054.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 18, 2010.

    Docket Numbers: ER11-1928-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii): Ministerial Filing to Reflect Tariff Language
Accepted in ER10-1014 and -001 to be effective 8/15/2010.
    Filed Date: 10/28/2010.
    Accession Number: 20101028-5071.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 18, 2010.

    Docket Numbers: ER11-1929-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Services, Inc. submits tariff filing per
35.12: Entergy Services, Inc. Fourth Rev. Rate Schedule No. 435 to be
effective 1/1/2011.
    Filed Date: 10/28/2010.
    Accession Number: 20101028-5078.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 18, 2010.

    Docket Numbers: ER11-1930-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii): Energy Imbalance Market Offer Cap Update Filing to be
effective 1/1/2011.
    Filed Date: 10/28/2010.
    Accession Number: 20101028-5079.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 18, 2010.

    Docket Numbers: ER11-1931-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(1): 2011 TRBAA Update Filing to be effective 1/1/
2011.
    Filed Date: 10/28/2010.
    Accession Number: 20101028-5081.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 18, 2010.

    Docket Numbers: ER11-1932-000.
    Applicants: Xcel Energy Services Inc.
    Description: Notice of Termination of Various Service Agreements
filed by Xcel Energy Services Inc. on behalf of Public Service Company
of Colorado and Southwestern Public Service Company.
    Filed Date: 10/28/2010.
    Accession Number: 20101028-5090.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 18, 2010.

    Docket Numbers: ER11-1933-000.
    Applicants: Green Mountain Power Corporation.
    Description: Green Mountain Power Corporation submits tariff filing
per 35.12: GMP Refile Tariff to be effective 10/28/2010.
    Filed Date: 10/28/2010.
    Accession Number: 20101028-5101.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 18, 2010.

    Docket Numbers: ER11-1934-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits tariff
filing per 35.13(a)(1): 2011 RSBAA Update Filing to be effective 1/1/
2011.
    Filed Date: 10/28/2010.
    Accession Number: 20101028-5102.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 18, 2010.

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

    Docket Numbers: ES11-1-001.
    Applicants: Oklahoma Gas and Electric Company.
    Description: Amendment to Application of Oklahoma Gas and Electric
Company.
    Filed Date: 10/27/2010.
    Accession Number: 20101027-5022.
    Comment Date: 5 p.m. Eastern Time on Monday, November 8, 2010.

    Docket Numbers: ES11-3-000.
    Applicants: MDU Resources Group, Inc.
    Description: MDU Resources Group, Inc. Application for authority to
issue MDU Resources short-term notes and commercial paper 2010-2012.
    Filed Date: 10/28/2010.
    Accession Number: 20101028-5121.
    Comment Date: 5 p.m. Eastern Time on Thursday, November 18, 2010.

    Take notice that the Commission received the following public
utility holding company filings:

    Docket Numbers: PH11-1-000.
    Applicants: Valener Inc.
    Description: Valener Inc. submits notification for a waiver of the

accounting, record-retention, and filing requirements.
    Filed Date: 10/27/2010.
    Accession Number: 20101028-0201.
    Comment Date: 5 p.m. Eastern Time on Wednesday, November 17, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    As it relates to any qualifying facility filings, the notices of
self-certification [or self-recertification] listed above, do not
institute a proceeding regarding qualifying facility status. A notice
of self-certification [or self-recertification] simply provides
notification that the entity making the filing has determined the
facility named in the notice meets the applicable criteria to be a
qualifying facility. Intervention and/or protest do not lie in dockets
that are qualifying facility self-certifications or self-
recertifications. Any person seeking to challenge such qualifying
facility status may do so by filing a motion pursuant to 18 CFR
292.207(d)(iii). Intervention and protests may be filed in response to
notices of qualifying facility dockets other than self-certifications
and self-recertifications.
    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
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings 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 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>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-27950 Filed 11-4-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 124 (Wednesday, June 29, 2022)]
[Notices]
[Pages 38824-38827]
[FR Doc No: 2022-13854]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0016]

Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Notice and
Request for Comment; Countermeasures That Work

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Notice and request for public comment on a reinstatement with
modification of a previously approved collection of information.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (PRA),
this notice announces that the Information Collection Request (ICR)
abstracted below will be submitted to the Office of Management and
Budget (OMB) for review. The ICR describes the nature of the
information collection and its expected burden. The ICR is for a
reinstatement with modification of a previously approved collection of
information to conduct a survey that will inform the development of the
12th edition of Countermeasures That Work and structured interviews to
populate and update the 2nd edition of Countermeasures At Work. A
Federal Register notice with a 60-day comment period soliciting public
comments on the following information collection was published on April
18, 2022. NHTSA received no responses to the notice.

DATES: Comments must be submitted on or before July 29, 2022.

ADDRESSES: Written comments and recommendations for the proposed
information collection, including suggestions for reducing burden,
should be submitted to the Office of Management and Budget at
www.reginfo.gov/public/do/PRAMain. To find this particular information
collection, select ``Currently under Review--Open for Public Comment''
or use the search function. Comments may also be sent by mail to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, 725 17th Street NW, Washington, DC 20503, Attention: Desk
Officer for Department of Transportation, National Highway Traffic
Safety Administration, or by email at [email protected], or
fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Kristie Johnson, Ph.D., Office of
Behavioral Safety Research (NPD-310),<PHONE_NUMBER>,
[email protected], National Highway Traffic Safety
Administration, W46-498, 1200 New Jersey Avenue SE, Washington, DC
20590. Please identify the relevant collection of information by
referring to its OMB Control Number 2127-0727.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501 et seq.), a
Federal agency must receive approval from the Office of Management and
Budget (OMB) before it collects certain information from the public and
a person is not required to respond to a collection of information by a
Federal agency unless the collection displays a valid OMB control
number. In compliance with these requirements, this notice announces
that the following

information collection request will be submitted to OMB.
    A Federal Register notice with a 60-day comment period soliciting
public comments on the following information collection was published
on April 18, 2022 (Federal Register/Vol. 87, No. 74/pp. 23013-23017).
NHTSA received no responses to the notice.
    Title: Countermeasures That Work.
    OMB Control Number: 2127-0727.
    Form Numbers: NHTSA Form 1343, NHTSA Form 1344.
    Type of Information Collection Request: Reinstatement with
modification of a previously approved information collection (OMB
Control No. 2127-0727).
    Type of Review Requested: Regular.
    Requested Expiration Date of Approval: 3 years from date of
approval.

Summary of the Collection of Information

    NHTSA is seeking approval to (1) collect user feedback on the
Countermeasures That Work \1\ and Countermeasures At Work (1st edition
to be published later in early 2022) guides, and (2) collect program
information from program administrators to develop countermeasure case
studies for Countermeasures At Work.
---------------------------------------------------------------------------

    \1\ Venkatraman, V., Richard, C.M., Magee, K., & Johnson, K.
(2021, July). Countermeasures that work: A highway safety
countermeasure guide for State Highway Safety Offices, 10th edition
(Report No. DOT HS 813 097). National Highway Traffic Safety
Administration. www.nhtsa.gov/sites/nhtsa.gov/files/2021-09/15100_Countermeasures10th_080621_v5_tag.pdf.
---------------------------------------------------------------------------

End-User Feedback Survey

    NHTSA proposes to conduct a web-based feedback survey of up to 120
users of Countermeasures That Work and/or Countermeasures At Work
representing State Highway Safety Offices (SHSOs) and/or local
jurisdictions, the Governors Highway Safety Association (GHSA), State
Coordinators from across the United States, and other important
stakeholders with the intent to reach regular users of the documents to
help improve the documents. Survey topics will include how the guides
are used, weaknesses/drawbacks to the current guides, perceived
usefulness of the ratings, and other suggestions for improvement.
    While previous feedback surveys were conducted via phone, the
proposed survey would be administered using an online platform to
reduce participant burden, improve data capture, and reduce coding
needs. Participation by respondents would be voluntary. There are no
record-keeping costs to the respondents. Responses will not be publicly
reported, but NHTSA will internally use the aggregated information to
revise and improve the Countermeasures That Work and Countermeasures At
Work guides. Specifically, feedback will be used to determine which
aspects of the guides should be improved and if there are features or
topics that the guides do not currently have that they would like to
have included.

Structured Interviews

    NHTSA also proposes to conduct up to 60 structured in-person or
phone interviews with representatives from jurisdictions that currently
administer effective countermeasures. The respondents for the
interviews will be selected based on their job position, knowledge of
domain, management of effective countermeasure implementations as noted
in the literature, and recommendation from NHTSA or GHSA subject matter
experts with the intent to reach program administrators of effective
countermeasures with the goal of populating and enriching
countermeasure descriptions. The findings of interviews conducted for
Countermeasures At Work will be reported separately for each individual
locality so that the reader can get an idea about the size and type of
the featured locality and issues specific to that locality. The
Countermeasures At Work guide will include general contact information
about the locality (i.e., State DOT or SHSO office) or the contact
information of key individuals (if permission is granted by the
interview participant), so that readers of the document can follow-up,
if desired, with the locality to obtain more information about the
countermeasure.
    The Countermeasures That Work and Countermeasures At Work reports
will be shared with SHSOs, local governments, and those who develop
traffic safety programs that aim to change behaviors with the goal of
reducing crashes and the resulting injuries and fatalities.

Description of the Need for the Information and Proposed Use of the
Information

    NHTSA was established by the Highway Safety Act of 1970 and its
mission is to reduce deaths, injuries, and economic losses resulting
from motor vehicle crashes on the Nation's highways. To further this
mission, NHTSA is authorized to conduct research for the development of
traffic safety programs. Title 23, United States Code, Section 403
authorizes the Secretary of Transportation (NHTSA by delegation) to use
funds appropriated to conduct research and development activities,
including demonstration projects and the collection and analysis of
highway and motor vehicle safety data and related information, with
respect to (a) all aspects of highway and traffic safety systems and
conditions relating to vehicle, highway, driver, passenger,
motorcyclist, bicyclist, and pedestrian characteristics; accident
causation and investigations; and (b) human behavioral factors and
their effect on highway and traffic safety.
    In 2019, 36,096 people were killed in motor vehicle traffic crashes
on U.S. roadways.\2\ While the number of people killed has increased
slightly since the U.S. hit its lowest number of fatalities in 2014,
over the past 40 years there has been a general downward trend.
Effective behavioral safety countermeasures such as those described in
Countermeasures That Work and detailed in the upcoming Countermeasures
At Work have contributed to these reductions. This project addresses
the issue of providing information to traffic safety professionals
about countermeasures that have been demonstrated to be effective in
addressing certain traffic safety problems.
---------------------------------------------------------------------------

    \2\ National Center for Statistics and Analysis. (2020,
December). Overview of motor vehicle crashes in 2019 (Traffic Safety
Facts Research Note. Report No. DOT HS 813 060). National Highway
Traffic Safety Administration. https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813060.
---------------------------------------------------------------------------

    The public health approach to traffic safety which establishes
injuries and fatalities as preventable has resulted in a mix of
countermeasures, and the choices among them are driven by research on
their effectiveness. Generally, this approach includes some combination
of countermeasures aimed at improving safety in terms of improved
vehicles, education, improved roads, enhanced road user perception, and
behavior and better enforcement of traffic safety laws.
    In 2005, the Governors Highway Safety Association and the National
Highway Traffic Safety Administration developed a guide,
Countermeasures That Work, for the State Highway Safety Offices that
provides a basic reference to assist in selecting effective, evidence-
based countermeasures to address traffic safety problem areas. Given
that SHSO's and other State practitioners responsible for implementing
these countermeasures use Countermeasures That Work as an aid to make
decisions, it is important to solicit their opinions about the document
and its content. Specifically, it is important to know

which aspects of the guide should be improved and if there are features
or topics that the guide does not currently have that they would like
to have included. The Countermeasures At Work guide expands on the most
effective countermeasures contained in the Countermeasures That Work
guide by providing real world examples and details on localities where
specific countermeasures were put into place. The descriptions of the
effective countermeasures include details about locality size,
implementation issues, cost, stakeholders involved, challenges,
evaluation, and outcomes to help officials determine which
countermeasures may be effective in their own jurisdictions.
    Per Section 1300.11 of the Uniform Procedures for State Highway
Safety Grant Programs, each fiscal year, as part of the highway safety
planning process for a State's Highway Safety Plan, a list of
information and data sources consulted must be included in the plan.
Countermeasures That Work is commonly referenced as a consulted source.
    The data from this proposed information collection will provide
NHTSA with information that will guide updates to the Countermeasures
That Work and Countermeasures At Work documents. Data collected from
the survey and structured interviews will be used primarily to (1)
update the content, format, and structure of information provided in
Countermeasures That Work and Countermeasures At Work, and (2) identify
the localities/implementation of countermeasures that should be
presented as case studies in Countermeasures At Work.
    Affected Public: Participants will be U.S. adults (18 years old and
older) who are members of State Highway Safety Offices (SHSOs) and/or
local jurisdictions, the Governors Highway Safety Association (GHSA),
State Coordinators from across the United States, or other important
stakeholders. Businesses are ineligible for the survey and would not be
interviewed.
    Estimated Number of Respondents: 180.
    Participation in the end user feedback survey will be voluntary
with up to 120 participants surveyed from SHSOs and/or local
jurisdictions, GHSA, State Coordinators from across the United States,
and other important stakeholders. In addition, up to 60 participants
will be interviewed about effective countermeasure programs based on
their job position, knowledge of domain, management of effective
countermeasure implementations as noted in the literature, and
recommendation from NHTSA regional specialists or GHSA Office subject
matter experts.
    Frequency of Collection: This study is part a biennial update of
effective countermeasures. Each of the surveys will be collected one
time during the three-year period for which NHTSA is requesting
approval. The last survey of stakeholders was in 2020.
    Estimated Total Annual Burden Hours: 129.

End User Feedback Survey

    NHTSA estimates the total burden of this information collection by
estimating the burden to those who NHTSA contacts who do not respond
and those who are contacted and participate. The estimated time to
contact 120 potential participants for the end user feedback survey is
one minute per person to read the invitation email. For recruited
participants, it is estimated that the survey will take thirty minutes
to complete. For recruited participants, participation is estimated to
take thirty-one minutes which includes time to read the email
invitation (survey introduction) and complete the survey. While up to
three email invites (or waves) are included in this estimate, potential
respondents would be comprised of a sample hand-selected by the
research team thus potentially reducing the number of subsequent
contacts as well as the number of non-responders.

Structured Interviews

    NHTSA estimates the total burden of this information collection by
estimating the burden to those who NHTSA contacts who do not respond
and those who are contacted and participate. The estimated time to
contact 60 potential traffic safety representative participants for the
structured countermeasure program interviews is two minutes per person
to read the invitation email. For recruited participants, participation
is estimated to take ninety-two minutes per person. The ninety-two
minutes estimate includes time to read the email invitation (interview
introduction), schedule an interview time, and complete the interview.
Again, while up to four email invites are included in this estimate,
potential respondents would be comprised of a sample hand-selected by
the research team thus potentially reducing the number of subsequent
contacts as well as the number of non-responders.

Total Burden Hours for the End User Feedback Survey and the Structured
Interviews

    The total estimated buxrden for contacting 120 traffic safety
representatives for the end user feedback survey, if 75% of solicited
participants respond, is approximately 50 hours, rounded up (((assuming
90 completed surveys out of 120 contacted potential participants: 45
hours for completed surveys (90 survey participants x 30 minutes to
complete the survey) + ~4.5 hours for reading invitations ((Wave 1-120
contacts x 1 minute) + (Wave 2-90 contacts x 1 minute) + (Wave 3-60
contacts x 1 minute))). The total estimated burden for contacting 60
traffic safety representatives for the program case study structured
interviews, if 75% of solicited participants respond, is approximately
79 hours, rounded up each wave (((assuming 48 completed interviews out
of 60 contacted potential participants: 72 hours (48 completed
interviews x 90 minutes for each interview) + ~5.6 hours ((Wave 1-60
contacts x 2 minutes) + (Wave 2-48 contacts x 2 minutes) + (Wave 3-36
contacts x 2 minutes) + (Wave 4-24 contacts x 2 minutes))). Overall,
the total estimated burden for the feedback surveys and program case
study interviews is 129 hours. This information is presented in the
tables below.

                                              Table 1--Estimated Total Burden for End User Feedback Survey
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Estimated time
                                   Number of                          burden per     Frequency     Number of      Burden       Burden     Average annual
              Wave                  contacts    Participant type   participant (in   of burden   participants    hours *     hours per     total burden
                                                                       minutes)                                                wave *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wave 1 (Initial Email                     120  Contacted                         1            1           120            2           17
 Invitation).                                   potential
                                                participant (read
                                                email).
                                               Recruited                        30            1            30           15
                                                participant
                                                (completed Form
                                                1343).

Wave 2 (Reminder Email #1)......           90  Contacted                         1            1            90            2           17
                                                potential
                                                participant (read
                                                email).
                                               Recruited                        30            1            30           15
                                                participant
                                                (completed Form
                                                1343).
Wave 3 (Reminder Email #2)......           60  Contacted                         1            1            60            1           16
                                                potential
                                                participant (read
                                                email).
                                               Recruited                        30            1            30           15
                                                participant
                                                (completed Form
                                                1343).
                                 -------------                    --------------------------------------------------------------------------------------
    Total.......................  ...........  ..................  ...............  ...........  ............  ...........           50            16.67
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Rounded up to the nearest hour.

                                                Table 2--Estimated Total Burden for Structured Interviews
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Estimated time
                                   Number of                          burden per     Frequency     Number of      Burden       Burden     Average annual
              Wave                  contacts    Participant type   participant (in   of burden   participants    hours *     hours per     total burden
                                                                       minutes)                                                wave *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wave 1 (Initial Email                      60  Contacted                         2            1            60            2           20
 Invitation).                                   potential
                                                participant (read
                                                email).
                                               Recruited                        90            1            12           18
                                                participant
                                                (completed Form
                                                1344).
Wave 2 (Reminder Email #1)......           48  Contacted                         2            1            48            2           20
                                                potential
                                                participant (read
                                                email).
                                               Recruited                        90            1            12           18
                                                participant
                                                (completed Form
                                                1344).
Wave 3 (Reminder Email #2)......           36  Contacted                         2            1            36            2           20
                                                potential
                                                participant (read
                                                email).
                                               Recruited                        90            1            12           18
                                                participant
                                                (completed Form
                                                1344).
Wave 4 (Reminder Email #3)......           24  Contacted                         2            1            24            1           19
                                                potential
                                                participant (read
                                                email).
                                               Recruited                        90            1            12           18
                                                participant
                                                (completed Form
                                                1344).
                                 -------------                    --------------------------------------------------------------------------------------
    Total.......................  ...........  ..................  ...............  ...........  ............  ...........           79            26.33
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Rounded up to the nearest hour.

                                     Table 3--Overall Estimated Total Burden
----------------------------------------------------------------------------------------------------------------
                                                                  Number of
      Information collection component           Frequency     respondents per    Burden hours    Average annual
                                                                  assessment     per collection   total (hours)
----------------------------------------------------------------------------------------------------------------
End User Feedback Survey....................                1              120               50            16.67
Structured Interviews.......................                1               60               79            26.33
                                             -------------------------------------------------------------------
    Total...................................  ...............              180              129               43
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Burden Cost: Participation in this study is
voluntary, and there are no costs to respondents beyond the time spent
completing the end user feedback survey or structured interviews.
    Public Comments Invited: You are asked to comment on any aspects of
this information collection, including (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; (b) the accuracy of the Department's estimate
of the burden of the proposed information collection; (c) ways to
enhance the quality, utility and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including the use of automated collection
techniques or other forms of information technology, e.g. permitting
electronic submission of responses.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended; 49 CFR 1.49; and DOT Order 1351.29.

Nanda Narayana Srinivasan,
Associate Administrator, Research and Program Development.
[FR Doc. 2022-13854 Filed 6-28-22; 8:45 am]
BILLING CODE 4910-59-P


My copy did not have page numbers, but since it was provided by EPA I will assume that you have similar pagination.

Pg 9 Para 4; " One commenter stated that their product ..."

Pg 10 Para 1 change " pet" to " pest" in line 9 Pg 10 Para 2  Do tradenames " Vikane" and " Profume" require trademark ( i. e. the circle R symbol)?

Pg 11 Para continuing from previous page, Change "... these ingredients this limiting..." to "... these ingredients thus limiting..."

Pg 11 Para continuing from previous page, Change last sentence to read, " Finally SF is not registered in California and ..."

Pg 12 Para 1 & 2, Need some discussion that EPA is allowing additional material to come from stocks but at the expense of the new production allowance. This provision allows for adequate amounts to be used for CUE while having benefit of reducing amounts emitted to atmosphere. It is also an instance where EPA is allowing market forces to take stocks into account in determining amount of new production.

Pg 12 Para 3 Change " different" to " difference" in first sentence.

Pg 13 Para 1 " Access to Stocks", Need a statement concerning treatment of access to existing stocks with other ODS if this sets appropriate precedent Pg 13 Para 3, Second line, change "... equivalent to 5% of 1991 baseline." to "... no more than 5% of 1991 baseline unless production/ consumption is reduced." Also, suggest that you discuss that conversion from CUA to CSA is a voluntary activity Pg 15 Para 1, Remove sentence " It is likely that the Parties would have approved a different level of production and consumption in the absence of stock restrictions." It is likely that they would have adjusted the CUE to be less than or equal to 30% instead.

Pg 16 Para 3, Could the conversion of a CUA to a CSA be used to circumvent the preplant and postplant market segment allocation amounts? The second sentence says that the portion coming from available stocks is allocated as a universal cap. Does this apply even if the stocks are accessed via conversion of a production allowance?

Pg 17 Para 1, Change " artefact" to " artifact"

Pg 17 Para 1, Last sentence, " For these reasons, EPA believes it is not practicable to implement a sector specific system at this time."

Pg 19 Para 1, add a date to second sentence: "... amount of stocks owned by the entity as of DATE because only..."

Pg 21 Para 3, change " acreage/ square footage treated" to " acreage/ cubic footage treated"

Pgs 22  30, Suggest changing headings of table to include text " Based on a reasonable expectation that one or more of the following circumstances either exists already or could occur without methyl bromide fumigation" and then adjust listings in Column C to include only the relevant text of limiting critical conditions rather than repeating stock text throughout table. Also, suggest listing pathogens and nematodes ( common name or latin name) where appropriate in limiting critical condition to be consistent with " yellow or purple nutsedge". Also, would it be possible/ desirable to add a column before current Column A to indicate " Commodity", " Structural" or " Field"? This would follow convention of the MOP decisions showing different handling of " Field" and " Protected" crops. Also, is it necessary to say " End User" in Column B, or would it be possible to restate Column B with heading " Location/ State of Use"?

Pg 33 Para 2, Last sentence: Restate as an intention rather than a statement in the event that the 2006 rule changes the handling of yearend leftovers. e. g. It may be necessary to allocate in two traunches and so it may be possible to adjust the second trauche to account for previous year banked stocks.