[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Notices]
[Pages 64400-64401]
[FR Doc No: 2019-25342]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0347]

Commercial Driver's License Standards: Application for Exemption;
Navistar, Inc. (Navistar)

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

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

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SUMMARY: FMCSA announces its decision to grant an exemption to
Navistar, Inc. (Navistar) and two drivers from the commercial driver's
license (CDL) regulations for commercial motor vehicle (CMV) drivers,
Mr. Thomas Nickels, Senior Vice President, Engineering Optimization,
with MAN Truck & Bus SE (MAN) in Munich, Germany, and Mr. Lukas Walter,
Senior Vice President, Engineering Powertrain for MAN, each of whom
holds a valid German commercial license. MAN is partnering with
Navistar to develop technological advancements in fuel economy and
emissions reductions. Mr. Nickels and Mr. Walter need to test drive
Navistar vehicles on U.S. roads to better understand product
requirements in ``real world'' environments and verify results.
Navistar believes that the requirements for a German commercial license
ensure that operations under the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
obtained in the absence of the exemption.

DATES: This exemption is effective November 21, 2019 and expires
November 21, 2024.

ADDRESSES:
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit 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., ET, Monday through Friday,
except Federal holidays. The on-line Federal Docket Management System
(FDMS) is available 24 hours each day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

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-2018-0347 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.

II. Legal Basis

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

III. Request for Exemption

    Navistar has applied for an exemption for Mr. Thomas Nickels and
Mr. Lukas Walter from 49 CFR 383.23, which prescribes licensing
requirements for drivers operating CMVs in interstate or intrastate
commerce. Both drivers are unable to obtain a CDL in any of the U.S.
States due to their lack of residency in the United States. Copies of
the exemption applications are included in the docket referenced at the
beginning of this notice.
    The exemption would allow these drivers to operate CMVs in
interstate or intrastate commerce to help develop technology
advancements in fuel economy and emissions reductions. Mr. Nickels and
Mr. Walter need to drive Navistar vehicles on public roads to better
understand product requirements for these systems in ``real world''
environments in the U.S. market. According to Navistar, both drivers
will drive typically for no more than 8 hours per day for 2 consecutive
days with 50 percent of the test driving on two-lane State highways and
50 percent on Interstate highways. The driving will consist of no more
than 600 miles during a two-day period, at 300 miles per day. In all
cases, drivers will be

accompanied by a U.S. CDL holder familiar with the routes to be
traveled.
    Mr. Nickels and Mr. Walter hold valid German commercial licenses
and, as explained by Navistar in its exemption request, the
requirements for that license ensure that, operating under the
exemption, these drivers would likely achieve a level of safety
equivalent to or greater than the level that would be achieved by the
current regulation. Furthermore, Navistar asserts that both drivers are
familiar with the operation of CMVs worldwide. Navistar requests that
the exemption cover the maximum allowable duration of 5 years.

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

    As for an equivalent level of safety, Navistar states that the
process for obtaining a German commercial license is comparable to, or
as effective as, the requirements of part 383, and adequately assesses
the driver's ability to operate CMVs in the U.S. The Agency recently
granted one of Navistar's drivers a similar exemption [April 15, 2019
(84 FR 15283)]. Since 2015, the Agency has granted Daimler drivers
similar exemptions: [March 27, 2015 (80 FR 16511); October 5, 2015 (80
FR 60220); December 7, 2015 (80 FR 76059); December 21, 2015 (80 FR
79410)]; July 12, 2016 (81 FR 45217); July 25, 2016 (81 FR 48496);
August 17, 2017 (82 FR 39151); September 10, 2018 (83 FR 45742)]. The
Agency has not received any information or reports indicating there
have been safety performance problems with individuals holding German
commercial licenses who operate CMVs on public roads in the United
States.

V. Public Comments

    On June 19, 2019, FMCSA published notice of this application and
requested public comments (84 FR 28618). No comments were submitted to
the docket.

VI. FMCSA Decision

    Based upon the merits of this application, including Mr. Nickels'
and Mr. Walter's extensive driving experience and safety records, FMCSA
has concluded that the exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption, in accordance with Sec.  381.305(a).

VII. Terms and Conditions for the Exemption

    FMCSA grants Navistar, Mr. Thomas Nickels, and Mr. Lukas Walter an
exemption from the CDL requirement in 49 CFR 383.23 to allow Mr.
Nickels and Mr. Walter to drive CMVs in this country without a State-
issued CDL, subject to the following terms and conditions:
    (1) The drivers and carrier must comply with all other applicable
provisions of the FMCSRs (49 CFR parts 350-399);
    (2) The drivers must be in possession of the exemption document and
a valid German commercial license;
    (3) The drivers must be employed by and operate the CMV within the
scope of duties for Navistar or its partner MAN;
    (4) At all times while operating a CMV under this exemption, the
drivers must be accompanied by a holder of a U.S. CDL who is familiar
with the routes traveled;
    (5) Navistar must notify FMCSA in writing within 5 business days of
any accident, as defined in 49 CFR 390.5, involving these drivers; and
    (6) Navistar must notify FMCSA in writing if these drivers are
convicted of a disqualifying offense under Sec.  383.51 or Sec.  391.15
of the FMCSRs.
    In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will
be valid for 5 years unless revoked earlier by the FMCSA. The exemption
will be revoked if:
    (1) Mr. Nickels or Mr. Walter fails to comply with the terms and
conditions of the exemption;
    (2) the exemption results in a lower level of safety than was
maintained before it was granted; or
    (3) continuation of the exemption would be inconsistent with the
goals and objectives of 49 U.S.C. 31315 and 31136.

VIII. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate or intrastate
commerce that conflicts with or is inconsistent with this exemption
with respect to a firm or person operating under the exemption.

    Issued on: November 15, 2019.
 Jim Mullen,
 Deputy Administrator.
[FR Doc. 2019-25342 Filed 11-20-19; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Rules and Regulations]
[Pages 44829-44832]
[FR Doc No: 2015-17975]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-2463; Directorate Identifier 2015-NM-086-AD;
Amendment 39-18216; AD 2015-15-07]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding Airworthiness Directive (AD) 2015-10-01 for
certain Bombardier, Inc. Model DHC-8-400 series airplanes. AD 2015-10-
01 required inspection for correct assembly of the main landing gear
(MLG) alternate extension system reservoir lid, and corrective action
if necessary. This new AD revises the applicability. This AD was
prompted by the discovery of two errors in the applicability of AD
2015-10-01. We are issuing this AD to, in the event of a failure of the
primary MLG extension system, prevent failure of the alternate MLG
extension system to fully extend the MLG into a down-and-locked
position, which could result in collapse of both left-hand and right-
hand MLG sides during touchdown.

DATES: This AD becomes effective August 12, 2015.
    The Director of the Federal Register approved the incorporation by
reference

of certain publications listed in this AD as of July 14, 2015 (80 FR
32449, June 9, 2015).
    We must receive comments on this AD by September 11, 2015.

ADDRESSES: You may send comments 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: U.S. Department of Transportation, Docket
Operations, M-30, 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.
    For Bombardier service information identified in this AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>; fax 416-375-
4539; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. For Parker service information identified in this
AD, contact Parker Aerospace, 14300 Alton Parkway, Irvine, CA 92618;
telephone:<PHONE_NUMBER>; Internet: http://www.parker.com. You may view
this referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2015-2463.

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-2015-
2463; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, 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: Fabio Buttitta, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On May 1, 2015, we issued AD 2015-10-01, Amendment 39-18156 (80 FR
32449, June 9, 2015). AD 2015-10-01 applied to certain Bombardier, Inc.
Model DHC-8-400 series airplanes. AD 2015-10-01 was prompted by reports
of hydraulic fluid loss from the reservoir of the MLG alternate
extension system. AD 2015-10-01 required inspection for correct
assembly of the MLG alternate extension system reservoir lid, and
corrective action if necessary. We issued AD 2015-10-01 to, in the
event of a failure of the primary MLG extension system, prevent failure
of the alternate MLG extension system to fully extend the MLG into a
down-and-locked position, which could result in collapse of both left-
hand and right-hand MLG sides during touchdown.
    AD 2015-10-01, Amendment 39-18156 (80 FR 32449, June 9, 2015),
corresponds to Mandatory Continuing Airworthiness Information (MCAI)
Canadian Airworthiness Directive CF-2014-15, dated June 6, 2014. You
may examine the MCAI on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2015-2463.
    Since we issued AD 2015-10-01, Amendment 39-18156 (80 FR 32449,
June 9, 2015), we have discovered two inadvertent errors in the
identification of the affected airplane models in the applicability of
AD 2015-10-01. Paragraph (c) of AD 2015-10-01 omitted Bombardier Model
DHC-8-400 airplanes and erroneously referred to a model (DHC-8-403)
that is not identified on the U.S. type certificate. However, the
serial numbers identified in paragraph (c) of AD 2015-10-01 were
correct. We have also revised the estimated number of U.S.-registered
airplanes affected by this AD. The number of airplanes is less than we
originally estimated.

FAA's Determination and Requirements of This 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 issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

FAA's Determination of the Effective Date

    We are superseding AD 2015-10-01, Amendment 39-18156 (80 FR 32449,
June 9, 2015), to correct two errors in the applicability in paragraph
(c) of AD 2015-10-01, which inadvertently omitted a certain airplane
model affected by the unsafe condition, and included a model that is
not identified on the U.S. type certificate. We have made no other
changes to the requirements published in AD 2015-10-01. Also, there are
currently no Bombardier Inc. Model DHC-8-400 airplanes (the omitted
airplane model) on the U.S. Register. Therefore, we determined that
notice and opportunity for public comment before issuing this AD are
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2015-2463; Directorate
Identifier 2015-NM-086-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD because of
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 AD.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued Service Bulletin 84-29-34, dated May 9, 2013,
with the attached Parker Service Bulletin 82910012-29-431, dated
October 22, 2012. The service information describes procedures to
inspect the lid assembly of the MLG alternate extension system
reservoir for correct assembly and corrective actions. 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 of this AD.

Costs of Compliance

    We estimate that this AD affects 78 airplanes of U.S. registry.
    The actions required by AD 2015-10-01, Amendment 39-18156 (80 FR
32449, June 9, 2015), and retained in this AD take about 4 work-hours
per product, at an average labor rate of $85 per work-hour. Based on
these figures, the estimated cost of the actions that were required by
AD 2015-10-01 is $340 per product.
    In addition, we estimate that any necessary follow-on actions will
take about 2 work-hours and require parts costing $0, for a cost of
$170 per product. We have no way of determining the number of aircraft
that might need this action.
    The new requirements of this AD add no additional economic burden.

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.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will 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 that this AD:
    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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 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 removing airworthiness directive (AD)
2015-10-01, Amendment 39-18156 (80 FR 32449, June 9, 2015), and adding
the following new AD:

2015-15-07 Bombardier, Inc.: Amendment 39-18216. Docket No. FAA-
2015-2463; Directorate Identifier 2015-NM-086-AD.

(a) Effective Date

    This AD becomes effective August 12, 2015.

(b) Affected ADs

    This AD replaces AD 2015-10-01, Amendment 39-18156 (80 FR 32449,
June 9, 2015).

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 airplanes, certificated in any category, serial numbers 4001
through 4424 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic
Power.

(e) Reason

    This AD was prompted by reports of hydraulic fluid loss from the
reservoir of the main landing gear (MLG) alternate extension system.
We are issuing this AD to, in the event of a failure of the primary
MLG extension system, prevent failure of the alternate MLG extension
system to fully extend the MLG into a down-and-locked position,
which could result in collapse of both left-hand and right-hand MLG
sides during touchdown.

(f) Compliance

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

(g) Retained Inspection and Corrective Action, With No Changes

    This paragraph restates the requirements of AD 2015-10-01,
Amendment 39-18156 (80 FR 32449, June 9, 2015), with no changes.
Within 2,000 flight hours or 12 months after July 14, 2015 (the
effective date of AD 2015-10-01), whichever occurs first: Do a
general visual inspection of the MLG alternate extension system
reservoir lid for correct assembly, and do all applicable corrective
actions, in accordance with the Accomplishment Instructions of
Bombardier Service Bulletin 84-29-34, dated May 9, 2013, and with
the attached Parker Service Bulletin 82910012-29-431, dated October
22, 2012, as referenced in Bombardier Service Bulletin 84-29-34,
dated May 9, 2013. Do all applicable corrective actions within 2,000
flight hours or 12 months after July 14, 2015, whichever occurs
first.

(h) Retained Credit for Previous Actions, With No Changes

    This paragraph restates the provisions of paragraph (h) of AD
2015-10-01, Amendment 39-18156 (80 FR 32449, June 9, 2015), with no
changes. This paragraph provides credit for actions required by
paragraph (g) of this AD, if those actions were performed before
July 14, 2015 (the effective date of AD 2015-10-01), using
Bombardier All Operator Message 543, dated October 17, 2012, which
is not incorporated by reference in this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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 ACO, send it to ATTN: Program Manager, Continuing
Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
    (i) 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. The AMOC approval letter must specifically
reference this AD.
    (ii) AMOCs approved previously for AD 2015-10-01, Amendment 39-
18156 (80 FR 32449, June 9, 2015), are approved as AMOCs for the
corresponding provisions of this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, 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, ANE-170, 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.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2014-15, dated June 6,
2014, 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-2015-2463.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(4) and (k)(6) of this AD.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (3) The following service information was approved for IBR on
July 14, 2015 (80 FR 32449, June 9, 2015).
    (i) Bombardier Service Bulletin 84-29-34, dated May 9, 2013.
    (ii) Parker Service Bulletin 82910012-29-431, dated October 22,
2012.
    (4) For Bombardier service information identified in this AD,
contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet
http://www.bombardier.com.
    (5) For Parker service information identified in this AD,
contact Parker Aerospace, 14300 Alton Parkway, Irvine, CA 92618;
phone:<PHONE_NUMBER>; Internet: http://www.parker.com.
    (6) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 13, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-17975 Filed 7-27-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 31, 2009 (Volume 74, Number 167)]
[Rules and Regulations]
[Page 44750-44751]
[DOCID:fr31au09-5]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 16 and 118

[Docket No. FDA-2000-N-0190] (formerly Docket No. 2000N-0504)
RIN 0910-AC14

Egg Safety; Final Rule for Prevention of Salmonella Enteritidis
in Shell Eggs During Production, Storage, and Transportation; Public
Meetings

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice of public meetings.

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    The Food and Drug Administration (FDA) is announcing two public
meetings to discuss the final rule concerning the prevention of
Salmonella Enteritidis (SE) in shell eggs during production, storage,
and transportation. The purpose of the public meetings is to explain
the requirements of the rule and how to comply with it, and to provide
the public an opportunity to ask questions.

Dates, Times, and Locations: See ``How to Participate in the Meetings''
in the SUPPLEMENTARY INFORMATION section of this document for dates and
times of the meetings, closing dates for advance registration,
requesting special accommodations due to disability, and other
information regarding meeting participation.

Contact Person: For general questions about the meetings or for special
accommodations due to a disability, contact Juanita Yates, Center for
Food Safety and Applied Nutrition (HFS-009), Food and Drug
Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 301-
436-1731, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. How to Participate in the Meetings

    Table 1 of this document provides information on participation in
the meetings.

                                                    Table 1.
----------------------------------------------------------------------------------------------------------------
                                Date                 Address           Electronic Address     Other Information
----------------------------------------------------------------------------------------------------------------
First public meeting   September 30, 2009,    Hyatt Regency          .....................  ....................
                        from 1 p.m. to 5       Chicago, 151 East
                        p.m.                   Wacker Dr., Chicago,
                                               IL 60601
----------------------------------------------------------------------------------------------------------------
Advance registration   By September 21, 2009  We encourage you to    http://www.fda.gov/    There is no
                                               use electronic         Food/NewsEvents/       registration fee
                                               registration if        WorkshopsMeetingsCon   for the public
                                               possible.\1\           ferences/default.htm   meetings. Early
                                                                                registration is
                                                                                recommended because
                                                                                seating is limited.
----------------------------------------------------------------------------------------------------------------
Request special        By September 21, 2009  See Contact Person     .....................  ....................
 accommodations due
 to a disability
¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤¤

Second public meeting  November 5, 2009,      The Westin Peachtree   .....................  ....................
                        from 1 p.m. to 5       Plaza Hotel, 210
                        p.m.                   Peachtree St., NW.,
                                               Atlanta, GA 30303
----------------------------------------------------------------------------------------------------------------
Advance registration   By October 26, 2009    We encourage you to    http://www.fda.gov/    There is no
                                               use electronic         Food/NewsEvents/       registration fee
                                               registration if        WorkshopsMeetingsCon   for the public
                                               possible.\1\           ferences/default.htm   meetings. Early
                                                                                registration is
                                                                                recommended because
                                                                                seating is limited.
----------------------------------------------------------------------------------------------------------------
Request special        By October 26, 2009    See Contact Person     .....................  ....................
 accommodations due
 to a disability
----------------------------------------------------------------------------------------------------------------
\1\ You may also register via e-mail, mail, or fax. Please include your name, title, firm name, address, and
  phone and fax numbers in your registration information and send to: Deborah Harris, EDJ Associates, Inc.,
  11300 Rockville Pike, suite 1001, Rockville, MD 20852,<PHONE_NUMBER>, FAX:<PHONE_NUMBER>, e-mail: fda-CFSAN--
<EMAIL_ADDRESS>Onsite registration will also be available at both meeting sites.

II. Background

    In the Federal Register of July 9, 2009 (74 FR 33030), FDA
published a final rule, ``Prevention of Salmonella Enteritidis in Shell
Eggs During Production, Storage, and Transportation,'' that requires
shell egg producers to implement measures to prevent SE from
contaminating eggs on the farm and from further growth during storage
and transportation, and requires these producers to maintain records
concerning their compliance with the rule and to register with FDA. FDA
took this action because SE is among the leading bacterial causes of
foodborne illness in the United States, and shell eggs are a primary
source of human SE infections. The final rule will reduce SE-associated
illnesses and deaths by reducing the risk that shell eggs are
contaminated with SE.
    This document announces two public meetings as part of the agency's
planned outreach initiatives regarding the final rule.

III. Transcripts

    Please be advised that as soon as a transcript is available, it
will be accessible at http://www.regulations.gov. It may be viewed at
the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD. A
transcript will also be available in either hardcopy or on CD-ROM,
after submission of a Freedom of Information request. Written requests
are to be sent to Division of Freedom of Information (HFI-35), Office
of Management Programs, Food and Drug Administration, 5600 Fishers
Lane, rm. 6-30, Rockville, MD 20857.

    Dated: August 24, 2009.
David Horowitz,
Assistant Commissioner for Policy.
[FR Doc. E9-20856 Filed 8-28-09; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Notices]
[Page 25129]
[FR Doc No: 2013-10017]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69423; File No. SR-ICEEU-2013-05]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Withdrawal of Proposed Rule Change Regarding Central Counterparty
Resolution and Recovery Procedures

April 22, 2013.
    On March 7, 2013, ICE Clear Europe Limited (``ICE Clear Europe'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to adopt new
provisions relating to clearinghouse resolution and recovery following
the exhaustion of available resources after a Clearing Member default
or a series of Clearing Member defaults. Notice of the proposed rule
change was published in the Federal Register on March 28, 2013.\3\ The
Commission did not receive comments on the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 69209 (Mar. 22, 2013),
78 FR 19057 (Mar. 28, 2013).
---------------------------------------------------------------------------

    On April 19, 2013, ICE Clear Europe withdrew the proposed rule
change (SR-ICEEU-2013-05).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\4\
---------------------------------------------------------------------------

    \4\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-10017 Filed 4-26-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Rules and Regulations]
[Pages 59105-59112]
[FR Doc No: 2014-23204]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 4 and 380

[Docket No. RM14-22-000; Order No. 800]

Revisions and Technical Corrections To Conform the Commission's
Regulations to the Hydropower Regulatory Efficiency Act of 2013

AGENCY:  Federal Energy Regulatory Commission, DOE.

ACTION:  Final rule.

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

SUMMARY:  The Federal Energy Regulatory Commission (Commission) issues
this Final Rule to amend its regulations to conform to the enacted
Hydropower Regulatory Efficiency Act of 2013 (Hydropower Efficiency
Act). Although the Commission has been complying with the Hydropower
Efficiency Act, and made its compliance procedures available on its Web
site, this Final Rule now formalizes the Commission's compliance
procedures in its revised regulations on preliminary permits, small
conduit hydroelectric facilities, and small hydroelectric power
projects, and in a new subpart on qualifying conduit hydropower
facilities. In addition, this Final Rule corrects grammatical and
typographical errors. All revisions in this Final Rule are intended to
be ministerial in nature.

DATES: Effective Date: This rule will become effective February 23,
2015.

FOR FURTHER INFORMATION CONTACT:
Carolyn Clarkin (Legal Information), Office of the General Counsel,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>Christopher Chaney (Technical Information), Office of Energy Projects,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>Shana Murray (Technical Information), Office of Energy Projects,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background and Discussion

    1. By this Final Rule, the Commission is amending Parts 4 and 380
of its regulations to conform to the Hydropower Regulatory Efficiency
Act of 2013 (Hydropower Efficiency Act or Act).\1\ On August 9, 2013,
Congress enacted the Hydropower Efficiency Act to encourage the
hydropower industry to utilize non-power dams for electric generation,
noting that roughly 97 percent of the 80,000 dams in the United States
do not generate electricity. Congress recognized that it could
encourage hydropower development by reducing costs and regulatory
burden during the project study and licensing stages. To that end, the
Hydropower Efficiency Act amends statutory provisions pertaining to
preliminary permits and projects that are exempt from licensing.
---------------------------------------------------------------------------

    \1\ Public Law 113-23 (2013).
---------------------------------------------------------------------------

A. Amendment Pertaining to Preliminary Permits

    2. Under section 5 of the Federal Power Act (FPA),\2\ the
Commission can issue preliminary permits with maximum three-year terms.
A preliminary permit preserves the right of the permit holder to have
the first priority in applying for a license or exemption for the
project site. During the preliminary permit term, permittees conduct
investigations and secure necessary data to determine the feasibility
of a proposed project and to prepare a development (i.e., license or
exemption) application.
---------------------------------------------------------------------------

    \2\ 16 U.S.C. 798 (2012), amended by, Hydropower Regulatory
Efficiency Act of 2013, Public Law 113-23, 5, 127 Stat. 493 (2013).
---------------------------------------------------------------------------

    3. Before the new law, upon expiration of its permit, a permittee
could apply for a successive preliminary permit to continue its
feasibility studies. When such an application is filed, the Commission
issues public notice and provides other entities an opportunity to file
competing preliminary permit or development applications, of which the
Commission would select the winning applicant using procedures outlined
in its regulations.\3\
---------------------------------------------------------------------------

    \3\ See 18 CFR 4.36-4.37 (2014).
---------------------------------------------------------------------------

    4. The Hydropower Efficiency Act amends section 5 of the FPA to
give the Commission the authority to extend a preliminary permit once
for not more than two additional years, allowing permittees more time
to complete their feasibility studies without facing possible
competition for the site from others.

B. Amendments Pertaining to Projects Exempt From Licensing

    5. Certain projects may qualify for an exemption from the licensing
requirements of Part I of the FPA: Specifically, small conduit
hydroelectric facilities or small hydroelectric power projects. A small
conduit hydroelectric facility (small

conduit), as defined in section 30 of the FPA,\4\ is an existing or
proposed hydroelectric facility that utilizes for electric power
generation the hydroelectric potential of a conduit, or any tunnel,
canal, pipeline, aqueduct, flume, ditch, or similar manmade water
conveyance that is operated for the distribution of water for
agricultural, municipal, or industrial consumption and not primarily
for the generation of electricity. A small hydroelectric power project,
as defined in the Public Utilities Regulatory Policies Act of 1978
(PURPA),\5\ is a project that utilizes for electric generation the
water potential of either an existing non-federal dam or a natural
water feature (e.g., natural lake, water fall, gradient of a stream,
etc.) without the need for a dam or man-made impoundment.
---------------------------------------------------------------------------

    \4\ 16 U.S.C. 823a (2012), amended by, Hydropower Regulatory
Efficiency Act of 2013, Public Law 113-23, 4, 127 Stat. 493 (2013).
    \5\ 16 U.S.C. 2708 (2012).
---------------------------------------------------------------------------

    6. Before the new law, small conduit exemptions could be located
only on non-federal lands and only municipal small conduit exemptions
could have an installed capacity of up to 40 megawatts (MW) (the
maximum installed capacity of non-municipal projects was limited to 15
MW). To increase the number of projects eligible for small conduit
exemptions, the Act amends section 30 of the FPA \6\ to allow small
conduit exemptions to be located on federal lands, and to increase the
maximum installed capacity for all small conduit exemptions to 40 MW.
Similarly, the Hydropower Efficiency Act increases the number of
projects eligible for small hydroelectric power project exemptions.
Previously, small hydroelectric power projects could not have an
installed capacity that exceeded 5 MW. Now, pursuant to the Act's
amendment to section 405 of PURPA,\7\ small hydroelectric power
projects may have a maximum installed capacity of up to 10 MW.
---------------------------------------------------------------------------

    \6\ 16 U.S.C. 823(a) (2012), amended by, Hydropower Regulatory
Efficiency Act of 2013, Public Law 113-23, 4, 127 Stat. 493 (2013).
    \7\ 16 U.S.C. 2705, amended by, Hydropower Regulatory Efficiency
Act of 2013, Public Law 113-23, 3, 127 Stat. 493 (2013).
---------------------------------------------------------------------------

    7. In addition to its amendments of existing exemptions, the
Hydropower Efficiency Act creates a subset of small conduit exemptions,
called ``qualifying conduit hydropower facilities,'' which are not
required to be licensed under Part I of the FPA. A qualifying conduit
hydropower facility is a facility that meets the following qualifying
criteria: (1) The facility would be constructed, operated, or
maintained for the generation of electric power using only the
hydroelectric potential of a non-federally owned conduit, without the
need for a dam or impoundment; (2) the facility would have a total
installed capacity that does not exceed 5 MW; and (3) the facility is
not licensed under, or exempted from, the license requirements in Part
I of the FPA on or before the date of enactment of the Hydropower
Efficiency Act (i.e., August 9, 2013). To obtain a determination that a
project is a qualifying conduit hydropower facility, an entity must
file with the Commission a notice of its intent to construct the
facility that demonstrates the facility meets the qualifying criteria
discussed above.

C. Revised Regulations

    8. By this Final Rule, the Commission is conforming its regulations
to the Hydropower Efficiency Act. Nevertheless, the Commission has
complied with the requirements of the Act since its enactment. The
Commission has issued two-year extensions to preliminary permit
holders, granted a small conduit exemption on federal lands, and issued
conduit facility determinations on whether proposed projects are
qualifying conduit hydropower facilities. The Commission's compliance
procedures are available on its Web site at http://www.ferc.gov/industries/hydropower.asp.\8\
---------------------------------------------------------------------------

    \8\ See Federal Energy Regulatory Commission, Hydropower
Regulatory Efficiency Act of 2013, http://www.ferc.gov/industries/hydropower/indus-act/efficiency-act.asp.
---------------------------------------------------------------------------

    9. In this Final Rule, the Commission modifies and deletes language
on preliminary permits and exemptions in Parts 4 and 380 of its
regulations. Further, the Commission adds language to Part 4. For
example, now that small conduit exemptions are permitted to be located
on federal lands, the Commission adds a provision requiring an exemptee
with a small conduit exemption on federal lands to notify the
respective federal land agency when it requests to surrender its
exemption. The Commission also adds a new subpart to Part 4 (i.e.,
Subpart N) on qualifying conduit hydropower facilities to set forth the
required contents of a notice of intent to construct, which will
provide the Commission with information necessary to determine whether
the proposed facility meets the requirements of the Hydropower
Efficiency Act.
    10. Along with conforming the Commission's regulations, this Final
Rule corrects miscellaneous grammatical and typographical mistakes to
improve the clarity and accuracy of the regulations. All revisions
provided in the Final Rule are intended to be ministerial.

II. Information Collection Statement

    11. The Paperwork Reduction Act \9\ requires each federal agency to
seek and obtain Office of Management and Budget (OMB) approval before
undertaking a collection of information directed to ten or more persons
or contained in a rule of general applicability. OMB regulations
require approval of certain information collection requirements imposed
by agency rules.\10\ Upon approval of a collection of information, OMB
will assign an OMB control number and an expiration date. Respondents
subject to the filing requirements of an agency rule will not be
penalized for failing to respond to the collection of information
unless the collection of information displays a valid OMB control
number.
---------------------------------------------------------------------------

    \9\ 44 U.S.C. 3501-3520 (2012).
    \10\ See 5 CFR 1320.10 (2014).
---------------------------------------------------------------------------

    12. The Commission will submit the revised information collection
requirements to OMB for its review and approval. The entities affected
by this rule would be those with: (1) Preliminary permits who request
extensions, (2) proposed non-municipal small conduit hydroelectric
facilities (with a total installed capacity of greater than 15 MW and
up to 40 MW) requesting exemptions, (3) proposed small conduit
hydroelectric facilities (located on federal lands) requesting
exemptions, (4) proposed small hydroelectric power projects (with total
installed capacity of greater than 5 MW and up to 10 MW) requesting
exemptions, and (5) proposals to construct projects eligible to be
qualifying conduit hydropower facilities. The Commission will submit
the information collection requirements in this Final Rule to OMB for
its review. The information collection requirements are included in the
following FERC collection numbers: (a) FERC-505, ``Small Hydropower
Projects and Conduit Facilities including License/Relicense, Exemption,
and Qualifying Conduit Facility Determination,'' \11\ and (b) FERC-512,
``Preliminary Permit.''
---------------------------------------------------------------------------

    \11\ The former title of FERC collection number FERC-505 was
``Application for License/Relicense for Hydropower Projects with 5
MW or Less Capacity.''
---------------------------------------------------------------------------

    13. Information Collection Costs: The Commission's estimated
average annual reporting burden and cost associated with implementation
of this rule follows. Overall, the rule reduces the current burden for
affected entities. As noted earlier, permittees may request a two-year
extension of their preliminary

permit term without preparing a successive preliminary permit
application or competing with other entities for the site. Moreover,
more entities may qualify for exemption from certain licensing
requirements (i.e., small conduit hydroelectric facilities or small
hydroelectric power projects), and others may qualify to operate their
projects without Commission oversight (i.e., qualifying conduit
hydropower facilities).

                                              Annual Changes Implemented by the Final Rule in RM14-22 \12\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Annual  number                                   Total annual
                                                             Number of     of  responses   Total number       Average     burden hours &     Cost per
                   Type of respondents                      respondents      \13\  per     of responses    burden & cost   total annual     respondent
                                                                            respondent                     per response        cost
                                                                     (a)             (b)     (a)x(b)=(c)             (d)     (c)x(d)=(e)         (e)/(a)
--------------------------------------------------------------------------------------------------------------------------------------------------------
    FERC-505, Small Hydropower Projects and Conduit Facilities including License/Relicense, Exemption, and Qualifying Conduit Facility Determination
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small conduit exemption applications (40 MW or less,              \15\ 5               1               5         46 hrs.        230 hrs.          $3,243
 which can now be on fed. lands) \14\...................
                                                                                $3,243         $16,215
Small conduit exemption holder--notice to fed. agencies                1        \16\ 0.1             0.1         46 hrs.        4.6 hrs.             324
 of petition to surrender and steps to be taken to
 restore lands..........................................
                                                                                $3,243            $324
Small hydroelectric power project exemption applications               2               1               2         46 hrs.         92 hrs.           3,243
 (greater than 5 MW and up to 10 MW) \17\...............
                                                                                $3,243          $6,486
Qualifying conduit hydropower facility -notices of                \19\ 8               1               8         46 hrs.        368 hrs.           3,243
 intent \18\............................................
                                                                                $3,243         $25,944
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      FERC-512, Application for Preliminary Permit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Request for extension to 5 years........................         \20\ 80               1              80          4 hrs.        320 hrs.             282
                                                                                $282         $22,560
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    \12\ The estimated average hourly cost (salary plus benefits) is
$70.50.
    \13\ We consider the filing of an application to be a
``response.''
    \14\ The estimates provided for small conduit exemption
applications are for all conduit exemption applications, including
applications for non-municipal conduit exemptions that have an
installed capacity of greater than 15 MW and up to 40 MW, and for
any conduit exemption located on federal land.
    \15\ The Commission previously received roughly nine small
conduit exemption applications annually, many of which are now
likely to be eligible to be qualifying conduit hydropower
facilities, and thus are not required to be licensed under Part I of
the FPA. After implementation of this rule, we estimate five new
small conduit exemption applications per year.
    \16\ Since August 2013, the Commission has received three small
conduit exemption applications, one of which proposes to locate the
project on federal lands. We anticipate surrenders of conduit
exemptions on federal lands to be rare, and therefore, we estimate
one surrender of a conduit exemption on federal lands to be filed
every ten years (equaling on average 0.1 applications per year). The
one surrender would trigger agency notification, which is estimated
to take 46 hours. The burden and cost are being averaged over that
ten-year period (equaling on average 4.6 hours per year).
    \17\ The Commission received six license applications between
2010 and 2013 that proposed projects with installed capacity greater
than 5 MW, which could now qualify for a small hydroelectric power
project exemption. Therefore, Commission staff estimates that on
average the Commission receives two applications per year.
    \18\ A notice of intent is a request that the Commission
determine a project is a qualifying conduit hydropower facility.
    \19\ While the Commission initially received a rash of notices
of intent to construct qualifying conduit hydropower facilities, we
expect notices of intent to taper off. Nearly 75 percent of the 23
notices of intent we received in the past year were filed within the
first 6 months of the program. In the last three months, we have
received two notices of intent. Therefore, we estimate that we will
receive eight notices of intent per year.
    \20\ Based on the number of preliminary permits issued in the
past 3 years, Commission staff estimates that an annual average of
80 permits will be eligible to request an extension.
---------------------------------------------------------------------------

    14. Title: FERC-505, ``Small Hydropower Projects and Conduits
including License/Relicense, Exemption, and Qualifying Conduit Facility
Determination,'' and FERC-512, ``Preliminary Permit.''
    15. Action: Revisions to FERC-505 and FERC-512.
    16. OMB Control Nos.: 1902-0115 (FERC-505) and 1902-0073 (FERC-
512).
    17. Respondents: Municipalities, businesses, private citizens, and
for-profit and not-for-profit institutions.
    18. Necessity of Information: The revised regulations implement the
Hydropower Efficiency Act's amendments to preliminary permits, small
conduit hydroelectric facilities, and small hydroelectric power
projects, and the Act's addition of qualifying conduit hydropower
facilities. The revised regulations for the most part affect only the
number of entities that would file applications with the Commission in
addition to imposing two new information collection requirements.
    19. The new requirement for a respondent requesting to surrender a
small conduit exemption on federal lands to notify the respective
federal land agency is necessary for the Commission to carry out its
responsibilities under the FPA, as amended by the Hydropower Efficiency
Act. The information provided to the respective federal land agency
will help inform the agency of activities occurring on federal lands or
reservations under the agency's jurisdiction.
    20. The new requirement to file a notice of intent to construct a
qualifying conduit hydropower facility with the Commission is necessary
to carry out

the Commission's responsibilities under section 30(a) of the FPA, as
amended by the Hydropower Efficiency Act. The information provided to
the Commission enables the Commission to review the features of the
proposed project and make a determination on whether a proposed project
is a qualifying conduit hydropower facility. As noted earlier, the
Commission already complies with the Hydropower Efficiency Act by
requiring entities requesting qualifying conduit facility
determinations to file with the Commission a notice of intent to
construct, which follows the procedural guidance provided on the
Commission's Web site.
    21. Internal Review: The Commission has reviewed the revisions and
has determined that they are necessary. These requirements conform to
the Commission's need for efficient information collection,
communication, and management within the energy industry. The
Commission has assured itself, by means of internal review, that there
is specific, objective support for the burden estimates associated with
the information collection requirements.
    22. Comments: The revised information collection requirements will
not be effective or enforceable until OMB approves the information
collection changes described in this order. The Commission, however,
will continue to use its existing regulations and procedures available
on its Web site to accept requests for two-year extensions of
preliminary permits, applications for non-municipal small conduit
exemptions with installed capacity greater than 15 MW and up to 40 MW,
applications for small conduit exemptions located on federal lands,
applications for small hydroelectric power project exemptions greater
than 5 MW and up to 10 MW, and notices of intent to construct
qualifying conduit hydropower facilities.
    23. The Commission solicits comments on the Commission's need for
this information; whether the information will have practical utility;
the accuracy of provided burden estimates; ways to enhance the quality,
utility, and clarity of the information to be collected; and any
suggested methods for minimizing the respondent's burden, including the
use of automated information techniques. Comments are due within 60
days of the date this order is published in the Federal Register. After
receipt and analysis of public comments, the Commission will issue a
second notice in this docket requesting public comment, and will submit
the reporting requirements to OMB for approval.
    24. Interested persons may obtain information on the reporting
requirements by contacting the Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC 20426 [Attention: Ellen Brown,
Office of the Executive Director], by phone<PHONE_NUMBER>, or by email
to<EMAIL_ADDRESS>    25. Comments concerning the information collections in this Final
Rule and the associated burden estimates should be sent to the
Commission and reference Docket No. RM14-22-000. The Commission
encourages comments to be filed electronically via the eFiling link on
the Commission's Web site at http://www.ferc.gov. Commenters that are
not able to file comments electronically should send an original of
their comments to: Federal Energy Regulatory Commission, Secretary of
the Commission, 888 First Street NE., Washington, DC 20426.

III. Environmental Analysis

    26. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\21\
Excluded from this requirement are rules that are clarifying,
corrective, or procedural, or that do not substantially change the
effect of legislation or the regulations being amended.\22\ This Final
Rule amends the Commission's regulations to conform to recent
legislation and corrects grammatical and clerical errors; and does not
substantially change the effect of the underlying legislation or
regulations being revised.
---------------------------------------------------------------------------

    \21\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
    \22\ 18 CFR 380.4(a)(2)(ii) (2014).
---------------------------------------------------------------------------

IV. Regulatory Flexibility Act

    27. The Regulatory Flexibility Act of 1980 (RFA) \23\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
---------------------------------------------------------------------------

    \23\ 5 U.S.C. 601-612 (2012).
---------------------------------------------------------------------------

    28. However, final rules promulgated without the publication of a
general notice of proposed rulemaking under section 553 of the
Administrative Procedure Act (APA) \24\ are exempt from the RFA's
requirements.\25\ Section 553(b)(3)(A) of the APA states that final
rules that are interpretive rules may be published without general
notice of proposed rulemaking. Interpretive rules are defined as rules
that ``generally interpret the intent expressed by Congress'' where an
agency ``does not insert its own judgments in implementing a rule, and
simply regurgitates statutory language.'' \26\ They are an ``agency's
reading of a statute'' that do not ``intend to create new rights or
duties, but only remind[] affected parties of existing duties.'' \27\
---------------------------------------------------------------------------

    \24\ 5 U.S.C. 553 (2012).
    \25\ 5 U.S.C. 604(a) (2012).
    \26\ Small Business Administration, Office of Advocacy, A Guide
for Government Agencies: How to Comply with the Regulatory
Flexibility Act 9 (May 2012), available at http://www.sba.gov/sites/
default/files/rfaguide05120.pdf.
    \27\ Orengo Caraballo v. Reich, 11 F.3d 186, 195 (D.C. Cir.
1993).
---------------------------------------------------------------------------

    29. This Final Rule is an interpretive rule because it modifies the
Commission's regulations to conform to the Hydropower Efficiency Act.
It does not create new rights or duties. Rather, it reminds affected
parties of existing duties required by the Hydropower Efficiency Act,
with which the Commission and non-agency entities have complied since
the Act's enactment.

V. Document Availability

    30. 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) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern Time) at 888 First Street NE., Room 2A,
Washington, DC 20426.
    31. From the Commission's Home Page on the Internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and/or downloading. To access this document in eLibrary, type
the docket number excluding the last three digits of this document in
the docket number field.
    32. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from FERC Online Support at (202)
502-6652 (toll free at 1-866-208-3676) or by email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
VI. Effective Date and Congressional Notification

    33. These regulations are effective February 23, 2015. The
Commission has determined, with the concurrence of the

Administrator of the Office of Information and Regulatory Affairs of
OMB, that this rule is not a ``major rule'' as defined in section 351
of the Small Business Regulatory Enforcement Fairness Act of 1996.\28\
This rule is being submitted to the Senate, House, and Government
Accountability Office.
---------------------------------------------------------------------------

    \28\ 5 U.S.C. 804(2) (2012).
---------------------------------------------------------------------------

List of Subjects

18 CFR Part 4

    Administrative practice and procedure, Electric power, Reporting
and recordkeeping requirements.

18 CFR Part 380

    Environmental impact statements, Reporting and recordkeeping
requirements.

    By the Commission.
Nathaniel J. Davis, Sr.,
Deputy Secretary.

    In consideration of the foregoing, the Commission is amending Parts
4 and 380, Chapter I, Title 18, Code of Federal Regulations, as
follows.

PART 4--LICENSES, PERMITS, EXEMPTIONS, AND DETERMINATION OF PROJECT
COSTS

0
1. The authority citation for Part 4 continues to read as follows:

    Authority:  16 U.S.C. 791a-825v, 2601-2645; 42 U.S.C. 7101-7352.

0
2. Amend Sec.  4.30 as follows:
0
a. Revise paragraph (b)(4)(ii);
0
b. Revise paragraph (b)(8);
0
c. Revise paragraph (b)(20);
0
d. Redesignate paragraphs (b)(25) through (b)(30) as (b)(27) through
(b)(32); and redesignate paragraphs (b)(21) through (b)(24) as (b)(22)
through (b)(25);
0
e. Add paragraph (b)(21);
0
f. Revise redesignated paragraph (b)(24);
0
g. Add paragraph (b)(26);
0
h. Revise redesignated paragraph (b)(30);
0
i. Revise the introductory text of redesignated paragraph (b)(31).
    The revisions and additions read as follows:

Sec.  4.30  Applicability and definitions.

* * * * *
    (b) * * *
    (4) * * *
    (ii) Dam, for the purposes of provisions governing an application
for exemption of a small conduit hydroelectric facility or a notice of
intent to construct a qualifying conduit hydropower facility, means any
structure that impounds water.
* * * * *
    (8) Federal lands, for the purposes of provisions governing an
application for exemption of a small conduit hydroelectric facility or
a small hydroelectric power project, means any lands to which the
United States holds fee title.
* * * * *
    (20) Non-Federal lands, for the purposes of provisions governing
application for exemption of a small conduit hydroelectric facility or
a small hydroelectric power project, means any lands except lands to
which the United States holds fee title.
    (21) Non-federally owned conduit, for the purposes of provisions
governing the notice of intent to construct qualifying conduit
hydropower facilities, means any conduit except a conduit to which the
United States holds fee title.
* * * * *
    (24) Qualified exemption applicant, means any person who meets the
requirements specified in Sec.  4.31(c)(2) with respect to a small
hydroelectric power project for which exemption from licensing is
sought.
* * * * *
    (26) Qualifying conduit hydropower facility, means a facility, not
including any dam or impoundment, that is not required to be licensed
under Part I of the FPA because it is determined to meet the following
criteria:
    (i) Generates electric power using only the hydroelectric potential
of a non-federally owned conduit;
    (ii) Has an installed capacity that does not exceed 5 megawatts
(MW); and,
    (iii) Was not licensed or exempted from the licensing requirements
of Part I of the FPA on or before August 9, 2013.
* * * * *
    (30) Small conduit hydroelectric facility, means an existing or
proposed hydroelectric facility that is constructed, operated, or
maintained for the generation of electric power, and includes all
structures, fixtures, equipment, and lands used and useful in the
operation or maintenance of the hydroelectric facility, but excludes
the conduit on which the hydroelectric facility is located and the
transmission lines associated with the hydroelectric facility and
which:
    (i) Utilizes for electric power generation the hydroelectric
potential of a conduit;
    (ii) Has an installed generating capacity that does not exceed 40
MW;
    (iii) Is not an integral part of a dam;
    (iv) Discharges the water it uses for power generation either:
    (A) Into a conduit;
    (B) Directly to a point of agricultural, municipal, or industrial
consumption; or
    (C) Into a natural water body if a quantity of water equal to or
greater than the quantity discharged from the hydroelectric facility is
withdrawn from that water body downstream into a conduit that is part
of the same water supply system as the conduit on which the
hydroelectric facility is located; and
    (v) Does not rely upon construction of a dam, which construction
will create any portion of the hydrostatic head that the facility uses
for power generation unless that construction would occur for
agricultural, municipal, or industrial consumptive purposes even if
hydroelectric generating facilities were not installed.
    (31) Small hydroelectric power project, means any project in which
capacity will be installed or increased after the date of application
under subpart K of this chapter, which will have a total installed
capacity of not more than 10 MW, and which:
* * * * *

Sec.  4.31  [Amended]

0
3. Revise paragraphs (b) and (c)(2) of Sec.  4.31 to read as follows:

Sec.  4.31  Initial or competing application: who may file.

* * * * *
    (b) Application for exemption of a small conduit hydroelectric
facility--(1) Exemption from provisions other than licensing--(i) Only
federal lands involved. If only rights to use or occupy federal lands
would be necessary to develop and operate the proposed small conduit
hydroelectric facility, any citizen, association of citizens, domestic
corporation, municipality, or state may apply for exemption of a small
conduit hydroelectric facility from provisions of Part I of the Federal
Power Act, other than licensing provisions.
    (ii) Some non-federal lands involved. If real property interests in
any non-federal lands would be necessary to develop and operate the
proposed small conduit hydroelectric facility, any citizen, association
of citizens, domestic corporation, municipality, or state that has all
of the real property interests in the lands necessary to develop and
operate that project, or an option to obtain those interests, may apply
for exemption of a small conduit hydroelectric facility from provisions
of Part I of the Federal Power Act, other than licensing provisions.

    (2) Exemption from licensing--(i) Only federal lands involved. If
only rights to use or occupy federal lands would be necessary to
develop and operate the proposed small conduit hydroelectric facility,
any citizen, association of citizens, domestic corporation,
municipality, or state may apply for exemption of that facility from
licensing under Part I of the Federal Power Act.
    (ii) Some non-federal lands involved. If real property interests in
any non-federal lands would be necessary to develop and operate the
proposed small conduit hydroelectric facility, any citizen, association
of citizens, domestic corporation, municipality, or state who has all
the real property interests in the lands necessary to develop and
operate the small conduit hydroelectric facility, or an option to
obtain those interests, may apply for exemption of that facility from
licensing under Part I of the Federal Power Act.
    (c) * * *
    (2) Exemption from licensing-- (i) Only Federal lands involved. If
only rights to use or occupy Federal lands would be necessary to
develop and operate the proposed small hydroelectric power project, any
citizen, association of citizens, domestic corporation, municipality,
or state may apply for exemption of that project from licensing.
    (ii) Some non-Federal lands involved. If real property interests in
any non-Federal lands would be necessary to develop and operate the
proposed small hydroelectric power project, any citizen, association of
citizens, domestic corporation, municipality, or state who has all of
the real property interests in non-Federal lands necessary to develop
and operate that project, or an option to obtain those interests, may
apply for exemption of that project from licensing.

Sec.  4.34  [Amended]

0
4. Revise paragraph (f)(2) of Sec.  4.34 to read as follows:

Sec.  4.34  Hearings on applications; consultation on terms and
conditions; motions to intervene; alternative procedures.

* * * * *
    (f) * * *
    (2) Exemption conditions. Any exemption from licensing issued for
conduit facilities, as provided in section 30(b) of the Federal Power
Act, or for small hydroelectric power projects having a proposed
installed capacity of 10,000 kilowatts or less, as provided in section
405(d) of the Public Utility Regulatory Policies Act of 1978, as
amended, shall include such terms and conditions as the fish and
wildlife agencies may timely determine are appropriate to carry out the
responsibilities specified in section 30(c) of the Federal Power Act.
* * * * *

Sec.  4.38  [Amended]

0
5. In Sec.  4.38(a)(1), remove the words ``United States lands'' and
add, in their place, the words ``federal lands''.

Sec.  4.39  [Amended]

0
6. In Sec.  4.39(d), remove the reference ``Sec.  4.31(c)'' and add, in
its place, the reference ``Sec.  4.32(d)''.

Sec.  4.82  [Amended]

0
7. In Sec.  4.82:
0
a. In paragraph (a), remove the word ``three'' and add, in its place,
the word ``five''.
0
b. In paragraph (a), remove the reference ``Sec.  4.81(b), (c), (d),
and (e)'' and add, in its place, the reference ``Sec.  4.81(b), (c),
and (d)''.
0
c. In paragraph (c), remove the word ``three'' and add, in its place,
the word ``five''.

Sec.  4.90  [Amended]

0
8. Revise Sec.  4.90 to read as follows:

Sec.  4.90  Applicability and purpose.

    This subpart implements section 30(b) of the Federal Power Act and
provides procedures for obtaining an exemption for constructed or
unconstructed small conduit hydroelectric facilities, as defined in
Sec.  4.30(b)(30), from all or part of the requirements of Part I of
the Federal Power Act, including licensing, and the regulations issued
under Part I.

Sec.  4.92  [Amended]

0
9. Amend Sec.  4.92 as follows:
0
a. Revise paragraphs (a)(1) and (3);
0
b. In paragraph (b), remove the two references to ``Sec.  4.30(b)(28)''
and add, in their place, the reference ``Sec.  4.30(b)(30)'';
0
c. In paragraph (b), remove the three references to ``Sec.
4.30(b)(28)(v)'' and add, in their place, the reference ``Sec.
4.30(b)(30)(iv)'';
0
d. In paragraph (b), in the phrase ``The exact name and business
address of each applicant is:'' correct the word ``is'' to read
``are'';
0
e. In paragraph (b), in the phrase ``The exact name and business
address of each person authorized to act as agent for the applicant in
this application is:'' correct the word ``is'' to read ``are'';
0
f. In paragraph (b), remove the phrase ``as appropriate), as
appropriate]'' and add in its place ``as appropriate)]'';
0
g. Revise paragraphs (c)(9) and (11).
    The revisions read as follows:

Sec.  4.92  Contents of exemption application.

    (a) * * *
    (1) An introductory statement, including a declaration that the
facility for which application is made meets the requirements of Sec.
4.30(b)(30), or if the facility qualifies but for the discharge
requirement of Sec.  4.30(b)(30)(iv), the introductory statement must
identify that fact and state that the application is accompanied by a
petition for waiver of Sec.  4.30(b)(30)(iv) filed pursuant to Sec.
385.207 of this chapter;
* * * * *
    (3) If the project structures would use or occupy any lands other
than federal lands, an appendix containing documentary evidence showing
that the applicant has the real property interests required under Sec.
4.31(b); and
* * * * *
    (c) * * *
    (9) If the hydroelectric facility discharges directly into a
natural body of water and a petition for waiver of Sec.
4.30(b)(30)(iv) has not been submitted, evidence that a quantity of
water equal to or greater than the quantity discharged from the
hydroelectric facility is withdrawn from that water body downstream
into a conduit that is part of the same water supply system as the
conduit on which the hydroelectric facility is located.
* * * * *
    (11) A description of the nature and extent of any construction of
a dam that would occur in association with construction of the proposed
small conduit hydroelectric facility, including a statement of the
normal maximum surface area and normal maximum surface elevation of any
existing impoundment before and after that construction; and any
evidence that the construction of the dam would occur for agricultural,
municipal, or industrial consumptive purposes even if hydroelectric
generating facilities were not installed.
* * * * *

Sec.  4.93  [Amended]

0
10. In Sec.  4.93(a), remove the reference ``Sec.  4.30(b)(28)(v)'' and
add, in its place, the reference ``Sec.  4.30(b)(30)(iv).''

Sec.  4.94  [Amended]

0
11. Amend Sec.  4.94 as follows:
0
a. Redesignate paragraphs (d) through (f) as (e) through (g);
0
b. In redesignated paragraphs (e) through (g), revise the italic
paragraph headings; and
0
c. Add paragraph (d) to read as follows:

Sec.  4.94  Standard terms and conditions of exemption.

* * * * *
    (d) Article 4. This exemption does not confer any right to use or
occupy any federal lands that may be necessary for the development or
operation of the project. Any right to use or occupy any federal lands
for those purposes must be obtained from the administering federal land
agencies. The Commission may accept a license application submitted by
any qualified license applicant and revoke this exemption, if any
necessary right to use or occupy federal lands for those purposes has
not been obtained within one year from the date on which this exemption
was granted.
    (e) Article 5. * * *
    (f) Article 6. * * *
    (g) Article 7. * * *

Sec.  4.95  [Amended]

0
12. In Sec.  4.95, add paragraph (e) to read as follows:

Sec.  4.95  Surrender of exemption.

* * * * *
    (e) Where occupancy of federal lands or reservations has been
permitted by a federal agency having supervision over such lands, the
exemption holder must concurrently notify that agency of the petition
to surrender and of the steps that will be taken to restore the
affected federal lands or reservations.

Subpart K--Exemption of Small Hydroelectric Power Projects of 10
Megawatts or Less

0
13. Revise the heading of Subpart K, to read as set forth above.

Sec.  4.101  [Amended]

0
14. In Sec.  4.101, remove the reference ``Sec.  4.30(b)(29)'' and add,
in its place, the reference ``Sec.  4.30(b)(31)''.

Sec.  4.102  [Amended]

0
15. In Sec.  4.102(e), remove the words ``United States lands'' and
add, in their place, the words, ``federal lands''.

Sec.  4.106  [Amended]

0
16. In Sec.  4.106(h), remove the end punctuation ``:'' and add, in its
place, a period.

Sec.  4.107  [Amended]

0
17. In Sec.  4.107(b)(1), remove the number ``5'' and add, in its
place, the number ``10''.
0
18. Add new Subpart N to read as follows:
Subpart N--Notice of Intent To Construct Qualifying Conduit Hydropower
Facilities
Sec.
4.400 Applicability and purpose.
4.401 Contents of notice of intent to construct a qualifying conduit
hydropower facility.

Subpart N--Notice of Intent To Construct Qualifying Conduit
Hydropower Facilities

Sec.  4.400  Applicability and purpose.

    This part implements section 30(a) of the Federal Power Act, as
amended by the Hydropower Regulatory Efficiency Act of 2013, and
provides procedures for obtaining a determination from the Commission
that the facility to be constructed is a qualifying conduit hydropower
facility, as defined in Sec.  4.30(b)(26), and thus, is not required to
be licensed under Part I of the FPA.

Sec.  4.401  Contents of notice of intent to construct a qualifying
conduit hydropower facility.

    (a) A notice of intent to construct a qualifying conduit hydropower
facility submitted under this subpart must contain the following:
    (1) An introductory statement as described in paragraph (b) of this
section;
    (2) A statement that the proposed project will use the
hydroelectric potential of a non-federally owned conduit as set forth
in paragraph (c) of this section;
    (3) A statement that the proposed facility has not been licensed or
exempted from the licensing requirements of Part I of the FPA, on or
before August 9, 2013, the date of enactment of the Hydropower
Regulatory Efficiency Act, as set forth in in paragraph (d) of this
section;
    (4) A description of the proposed facility as set forth in
paragraph (e) of this section;
    (5) Project drawings as set forth in paragraph (f) of this section;
    (6) If applicable, the preliminary permit project number for the
proposed facility; and,
    (7) Verification as set forth in paragraph (g) of this section.
    (b) Introductory statement. The introductory statement must be set
forth in the following format:

BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION

NOTICE OF INTENT TO CONSTRUCT QUALIFYING CONDUIT HYDROPOWER FACILITY

    [Name of applicant] applies to the Federal Energy Regulatory
Commission for a determination that the [facility name] is a qualifying
conduit hydropower facility, meeting the requirements of section 30(a)
of the Federal Power Act, as amended by section 4 of the Hydropower
Regulatory Efficiency Act of 2013.
    The location of the facility is:

State or Territory:----------------------------------------------------

County:----------------------------------------------------------------

Township or nearby town:-----------------------------------------------

Water source:----------------------------------------------------------

    The exact name and business address of the applicant(s) are:

Applicant's Name:------------------------------------------------------

Address:---------------------------------------------------------------

Telephone Number:------------------------------------------------------

Email Address:---------------------------------------------------------

    The exact name and business address of each person authorized to
act as an agent for the applicant(s) in this notice of intent are:

Name of Agent:---------------------------------------------------------

Address:---------------------------------------------------------------

Telephone Number:------------------------------------------------------

Email Address:---------------------------------------------------------

    [Name of applicant] is [a citizen of the United States, an
association of citizens of the United States, a municipality, State, or
a corporation incorporated under the laws of (specify the United States
or the state of incorporation), as appropriate].
    (c) Non-Federal Conduit Statement. The non-federal conduit
statement must be set forth in the following format:
    The [facility name] will use the hydroelectric potential of a non-
federally owned conduit.
    (d) Original facility statement. The original facility statement
must be set forth in the following format:
    The [facility name] has not been licensed or exempted from the
licensing requirements of Part I of the FPA, on or before August 9,
2013, the date of enactment of the Hydropower Regulatory Efficiency
Act.
    (e) Description of proposed facility. Description of proposed
facility must include:
    (1) A detailed description of any conduits and associated
consumptive water supply facilities, intake facilities, powerhouses,
and any other structures associated with the facility;
    (2) The purposes for which the conduit is used;
    (3) The number, type, generating capacity (kW or MW), and estimated
average annual generation (kWh or MWh) of the generating units and
brief description of any plans for future units; and,
    (4) A description of the nature and extent of the dam that would
occur in association with construction of the proposed qualifying
conduit hydroelectric facility, including a statement of the normal
maximum surface area and normal maximum

surface elevation of any existing impoundment before and after that
construction; and any evidence that the construction of the dam would
occur for agricultural, municipal, or industrial consumptive purposes
even if the hydropower generating facilities were not installed.
    (f) Drawings, maps, diagrams. Include a set of drawings/maps/
diagrams showing the structures and equipment of the hydropower
facility in relation to the existing conduit. Drawings of the facility
must include:
    (1) A Plan View (overhead view) drawing of the proposed hydropower
facilities, which includes the following:
    (i) The hydropower facilities, including all intake and discharge
pipes, and how those pipes connect to the conduit;
    (ii) The portion of the conduit in proximity to the facilities on
which the hydropower facilities will be located;
    (iii) The dimensions (e.g., length, width, diameter) of all
facilities, intakes, discharges, and conduits;
    (iv) Identification of facilities as either existing or proposed;
    (v) The flow direction labelled on all intakes, discharges, and
conduits; and,
    (2) A Location Map showing the facilities and their relationship to
the nearest town, which includes the following:
    (i) The powerhouse location labeled, and its latitude and longitude
identified; and,
    (ii) The nearest town, if possible, or other permanent monuments or
objects, such as roads or other structures that can be easily noted on
the map and identified in the field.
    (3) If a dam would be constructed in association with the facility,
a profile drawing showing the conduit, and not the dam, creates the
hydroelectric potential.
    (g) Verification. Provide verification using either a sworn,
notarized statement set forth in paragraph (g)(1) of this section or an
unsworn statement set forth in paragraph (g)(2) of this section.
    (1) As to any facts alleged in the notice of intent to construct or
other materials filed, be subscribed and verified under oath in the
form set forth below by the person filing, an officer thereof, or other
person having knowledge of the matters set forth. If the subscription
and verification is by anyone other than the person filing or an
officer thereof, it shall include a statement of the reasons therefor.
    This (notice of intent to construct, etc.) is executed in the:

State of:--------------------------------------------------------------

County of:-------------------------------------------------------------

by:

(Name)-----------------------------------------------------------------

(Address)--------------------------------------------------------------

being duly sworn, depose(s) and say(s) that the contents of this
(notice of intent to construct, etc.) are true to the best of (his or
her) knowledge or belief. The undersigned applicant(s) has (have)
signed the (notice of intent to construct, etc.) this
day of
,
20.
By:--------------------------------------------------------------------

    Subscribed and sworn to before me, a
 [Notary Public,
or title of other official authorized by the state to notarize
documents, as appropriate] of the State of
this day of
,
20.

    /SEAL/[if any]

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

    (Notary Public, or other authorized official)
    (2) I declare (or certify, verify, or state) under penalty of
perjury that the foregoing is true and correct. Executed on
[date].

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

    (Signature)

PART 380--REGULATIONS IMPLEMENTING THE NATIONAL ENVIRONMENTAL
POLICY ACT

0
19. The authority citation for Part 380 continues to read as follows:

    Authority:  42 U.S.C. 4321-4370h, 7101-7352; E.O. 12009, 3 CFR
1978 Comp., p. 142.

Sec.  380.4  [Amended]

0
20. In Sec.  380.4(a)(14), remove the reference ``Sec.  4.30(b)(26)''
and add, in its place, the reference ``Sec.  4.30(b)(30)''.

Sec.  380.5  [Amended]

0
21. In Sec.  380.5(b)(7):
0
a. Remove the reference ``Sec.  4.30(b)(29)'' and add, in its place,
the reference ``Sec.  4.30(b)(31)''.
0
b. Remove the number ``5'' and add, in its place, the number ``10''.

[FR Doc. 2014-23204 Filed 9-30-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Notices]
[Pages 42930-42931]
[FR Doc No: 2019-17703]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-0001]

Food and Drug Administration Science Forum 2019; Public Workshop

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) is
announcing the following public workshop entitled ``FDA Science Forum
2019.'' The purpose of the public workshop is to share with the public
the unique scientific research and collaborative efforts of FDA's
11,000 scientists and researchers, who use novel science and
technologies to inform FDA's regulatory decision-making--and drive
innovation.

DATES: The public workshop will be held on September 11, 2019, from
8:30 a.m. to 4:40 p.m., and September 12, 2019, from 9 a.m. to 4 p.m.
See the SUPPLEMENTARY INFORMATION section for registration date and
information.

ADDRESSES: The public workshop will be held at FDA White Oak Campus,
10903 New Hampshire Ave., Bldg. 31, Conference Center, the Great Room
(Rm. 1503), Silver Spring, MD 20993. Entrance for the public workshop
participants (non-FDA employees) is through Building 1 where routine

security check procedures will be performed. For parking and security
information, please refer to www.fda.gov/publicmeetinginfo.

FOR FURTHER INFORMATION CONTACT: Rokhsareh Shahidzadeh, Office of
Scientific Professional Development, Office of the Chief Scientist,
Office of the Commissioner, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 32, Rm. 2383, Silver Spring, MD 20993, 301-796-
8740<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The FDA Science Forum is held biennially to share with the public
the unique scientific research and collaborative efforts of our 11,000
scientists and researchers. These scientists and researchers use novel
science and technologies to inform FDA's regulatory decision-making--
and drive innovation. FDA scientific experts and nationally renowned
scientists will speak on the eight topics of the upcoming FDA Science
Forum, Transforming Health: Innovation in FDA Science. FDA's Science
Forum welcomes the public, industry, academia, patient advocates,
sister Agencies, and current and potential collaborators, to learn
about the Agency's regulatory science--the type of science that is
rarely undertaken by industry or academia, but that makes critical
contributions to product quality and safety.

II. Topics for Discussion at the Public Workshop

    Sessions in the two-day forum will highlight such areas as FDA
research into new predictive tools for developing and evaluating
therapeutics, advancing artificial intelligence, evaluating digital
health devices, and novel methods of tackling critical public health
challenges such as addiction.

III. Participating in the Public Workshop

    Registration: To register for the public workshop, please visit the
following website: https://www.fda.gov/scienceforum.
    Registration is free and based on space availability, with priority
given to early registrants. Persons interested in attending this public
workshop must register by September 6, 2019, at 5 p.m. Eastern Time.
Early registration is recommended because seating is limited;
therefore, FDA may limit the number of participants from each
organization. Registrants will receive confirmation when they have been
accepted.
    If you need special accommodations due to a disability, please
contact Rokhsareh Shahidzadeh (see FOR FURTHER INFORMATION CONTACT) no
later than September 4, 2019, by 5 p.m. Eastern Time.
    Streaming Webcast of the public workshop: This public workshop will
also be webcast. To register, please visit the following website:
https://www.fda.gov/scienceforum. Participants interested in viewing
via webcast must register by September 6, 2019, at 5 p.m. Eastern Time.
    If you have never attended a Connect Pro event before, test your
connection at https://collaboration.fda.gov/common/help/en/support/meeting_test.htm. To get a quick overview of the Connect Pro program,
visit https://www.adobe.com/go/connectpro_overview. FDA has verified
the website addresses in this document, as of the date this document
publishes in the Federal Register, but websites are subject to change
over time.

    Dated: August 13, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-17703 Filed 8-16-19; 8:45 am]
 BILLING CODE 4164-01-P