[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Proposed Rules]
[Pages 7518-7523]
[FR Doc No: 2021-01614]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 39

[Docket No. RM21-12-000]

Revisions to Regulations on Electric Reliability Organization
Performance Assessments

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) proposes
to amend the Commission's regulations to require the Commission-
certified Electric Reliability Organization to submit assessments of
its performance every three years instead of the current period of
every five years. The Commission also proposes to add to the
Commission's regulations a requirement for the Electric Reliability
Organization to include in its performance assessment a detailed
discussion of any areas of the Electric Reliability Organization's
responsibilities and activities, or a Regional Entity's delegated
functions, beyond those required by the Commission's regulations, that
the Commission has identified at least 90 days prior to the expected
performance assessment submission date. Finally, the Commission
proposes formalizing the method for the Electric Reliability
Organization and Regional Entities to receive and respond to
recommendations by the users, owners, and operators of the Bulk-Power
System, and other interested parties for improvement of the Electric
Reliability Organization's operations, activities, oversight and
procedures.

DATES: Comments are due March 1, 2021.

ADDRESSES: Comments, identified by docket number, may be filed
electronically at http://www.ferc.gov in acceptable native applications
and print-to-PDF, but not in scanned or picture format. For those
unable to file electronically, comments may be filed by mail to:
Federal Energy Regulatory Commission, Secretary of the Commission, 888
First Street NE, Washington, DC 20426. Hand-delivered comments must be
delivered to: Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The Comment Procedures Section of
this document contains more detailed filing procedures.

FOR FURTHER INFORMATION CONTACT:  Leigh Anne Faugust (Legal
Information), Office of the General Counsel, Federal Energy Regulatory
Commission, 888 First Street NE, Washington, DC 20426, Telephone: (202)
502-6396.

SUPPLEMENTARY INFORMATION:
    1. Pursuant to section 215 of the Federal Power Act (FPA),\1\ the
Commission proposes to amend Sec.  39.3(c) of the Commission's
regulations to require the Commission-certified Electric Reliability
Organization (ERO) to submit assessments of its performance every three
years instead of the current period of every five years.\2\ We believe
that the proposed amendment will provide better continuity in our
review of the ERO's operations, activities, oversight, procedures, and
evaluation of the effectiveness of each Regional Entity in the
performance of delegated functions. We also believe the proposed
shorter performance assessment cycle will provide an opportunity to
identify potential improvements with regards to ERO performance in a
more timely fashion, allow for changes to be made in a more timely
manner, and improve the efficiency of the overall performance
assessment process.
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    \1\ 16 U.S.C. 824o.
    \2\ 18 CFR 39.3(c).
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    2. Also, pursuant to section 215 of the FPA, we propose to add
paragraph (iv) to Sec.  39.3(c)(1) of the Commission's regulations to
require the Commission-certified ERO to include in its performance
assessments a detailed discussion of any areas of the ERO's
responsibilities and activities, or the Regional Entities' delegated
functions, beyond those required by Sec.  39.3(c)(1)(i), (ii), and
(iii), that the Commission identifies for inclusion at least 90 days
prior to the expected performance assessment submission date.
    3. Finally, we propose to amend Sec.  39.3(c)(1)(ii) of the
Commission's regulations to require the ERO to solicit via a formal
public comment period recommendations by the users, owners, and
operators of the Bulk-Power System, and other interested parties for
improvement of the ERO's operations, activities, oversight and
procedures.

I. Background

A. Section 215 of the FPA

    4. Section 215 of the FPA requires the Commission to issue
regulations that, among other things, provide for the certification of
an entity as the ERO if it meets certain criteria.\3\ Specifically, FPA
section 215(c) establishes that an ERO candidate must have the ability
to develop and enforce mandatory Reliability Standards that provide for
an adequate level of reliability of the Bulk-Power System.\4\ The
statute also requires that an ERO candidate have established rules
that: (1) Assure independence, while assuring fair stakeholder
representation and balanced decision-making; (2) equitably allocate
reasonable dues, fees, and other charges; (3) provide fair and
impartial procedures for enforcing Reliability Standards through
imposition of penalties; (4) provide reasonable notice and opportunity
for public comment, due process, and balance in developing Reliability
Standards and otherwise exercising its duties; and (5) provide
appropriate steps to gain recognition in Canada and Mexico.
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    \3\ 16 U.S.C. 824o; (on July 20, 2006, the Commission certified
NERC as the ERO for the continental United States under FPA section
215(c)). North American Electric Reliability Corp., 116 FERC ]
61,062, order on reh'g and compliance, 117 FERC ] 61,126 (2006),
order on compliance, 118 FERC ] 61,030, order on compliance, 118
FERC ] 61,190, order on reh'g, 119 FERC ] 61,046 (2007), aff'd sub
nom. Alcoa Inc. v. FERC, 564 F.3d 1342 (D.C. Cir. 2009).
    \4\ Id. section 824o(c).
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    5. FPA section 215(e)(4) provides that the ERO may delegate
authority to a Regional Entity for the purpose of proposing regional
Reliability Standards and enforcing Reliability Standards. Regional
Entities must meet the same statutory criteria as those required for
Commission certification of an ERO, except that more flexibility is
allowed in the composition of a Regional Entity board of directors. The
Commission must approve a delegation agreement between the ERO and a
Regional Entity, and the Commission is authorized to modify such
delegation.

B. Order No. 672

    6. On February 3, 2006, the Commission issued Order No. 672, which
amended the Commission's regulations to implement the requirements of
FPA section 215.\5\ In Order No. 672, the Commission

interpreted section 215 of the FPA to require the ERO to comply with
the certification criteria in section 215(c) of the FPA on a continuous
basis.\6\ Further, the Commission mandated that the ERO submit periodic
assessments of its performance that ``affirmatively demonstrate to the
Commission that [the ERO] satisfies the statutory and regulatory
criteria for an ERO and is not only maintaining but improving the
quality of its activities and those of the Regional Entities to which
it has delegated such activities.'' \7\
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    \5\ Rules Concerning Certification of the Electric Reliability
Organization; and Procedures for the Establishment, Approval, and
Enforcement of Electric Reliability Standards, Order No. 672, 71 FR
8662 (Feb. 17, 2006), 114 FERC ] 61,104, at P 186, order on reh'g,
Order No. 672-A, 114 FERC ] 61,328 (2006).
    \6\ Id. PP 183, 187.
    \7\ Id. P 186.
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    7. In Order No. 672, the Commission also said that the performance
assessments should employ regular and systematic measurement and
reporting of the ERO's performance. The specific requirements for the
performance assessments are set out in the Commission's regulations in
Sec.  39.3(c) and provide that the ERO file an assessment of its
performance three years from the date of initial certification, and
every five years thereafter. Section 39.3(c)(1) of the Commission's
regulations specify that the ERO should include in its performance
assessment: (1) An explanation of how it satisfies the requirements of
Sec.  39.3 (b); \8\ (2) recommendations from stakeholders on
improvement for the ERO and Regional Entities' performance and the
ERO's and Regional Entities' response to those recommendations; \9\ and
(3) an evaluation of the effectiveness of each Regional Entity's
performance of delegated functions.\10\ Section 39.3(c)(2) of the
Commission's regulations explain that the Commission will review the
performance assessments and may require follow-up actions by the ERO to
comply or improve compliance with the statutory and regulatory
qualifications for the ERO if the Commission determines that the ERO
has not satisfied specific criteria.\11\
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    \8\ 18 CFR 39.3(c)(1)(i).
    \9\ 18 CFR 39.3(c)(1)(ii), (iii).
    \10\ 18 CFR 39.3(c)(1)(iii).
    \11\ Id.
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II. Discussion

    8. Pursuant to section 215 of the FPA, we propose to amend Sec.
39.3(c) of the Commission's regulations to require the Commission-
certified ERO to submit assessments of its performance every three
years instead of the current period of every five years.\12\ We also
propose to amend Sec.  39.3(c)(1) to add a new requirement for the ERO
to include in its performance assessment a detailed discussion of any
areas of the EROs' responsibilities and activities, or the Regional
Entity delegated functions, beyond those required by Sec.
39.3(c)(1)(i), (ii), and (iii) that the Commission identifies at least
90 days prior to the expected performance assessment submission date.
For example, a Commission-identified issue may be communicated to the
ERO through a Commission order or the Commission's delegated authority
to the Director of the Office of Electric Reliability.\13\
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    \12\ 18 CFR 39.3(c).
    \13\ See e.g., 18 CFR 375.303 (a)(2)(v) (``The Commission
authorizes the Director or the Director's designee to . . . [d]irect
the Electric Reliability Organization, Regional Entities, or users,
owners, and operators of the Bulk-Power System within the United
States (not including Alaska and Hawaii) to provide such information
as is necessary to implement Section 215 of the Federal Power Act. .
. .'').
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    9. While Order No. 672 established a five-year period for
submitting ERO performance assessments following the initial three-year
assessment, decreasing the periodicity to every three years would
improve the ERO's accountability to the public, stakeholders, and the
Commission. Our proposed reduction in the assessment period aligns with
the ERO's own acknowledgement that it is ``facing unprecedented, rapid
change in the electric industry, which raises new challenges to and
opportunities for the reliability and security of the Bulk Power
System.'' \14\ We agree, and find that the Bulk-Power System is
transitioning in myriad ways through innovation and technology at a
pace unanticipated when the Commission originally established the five-
year performance assessment period and identified topics for the ERO to
include in those assessments.
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    \14\ North American Electric Reliability Corp., Docket No. RR19-
7-000, at 3 (July 22, 2019) (2019 Performance Assessment).
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    10. The proposed three-year performance assessment cycle will
enhance the Commission's oversight of the ERO and provide an
opportunity to address issues arising with regard to ERO performance in
a more timely fashion. We believe this will allow for changes to be
made in a more timely manner, and improve the efficiency of the overall
performance assessment process. A three-year performance assessment
aligns more closely with certain ongoing NERC activities, such as the
triennial Reliability Standards and reliability guidelines reviews.
Moreover, the reduced period between assessments will allow better
continuity in the Commission's review of the ERO's operations,
activities, oversight, procedures, and evaluation of the effectiveness
of each Regional Entity in the performance of delegated functions. For
example, a three-year period improves the likelihood that the NERC
staff preparing the performance assessment, the Commission staff
reviewing the assessment, and Commissioners would be familiar with the
performance assessment process--thereby providing continuity and
subject matter expertise. Three years also provides an earlier
opportunity to address new and emerging areas of concern or
recommendations for development identified by the Commission and
stakeholders.
    11. We believe that the proposed three-year performance cycle
affords a reasonable amount of time between performance assessments. We
note that this is the same three-year timeframe imposed in Order No.
672 on the initial performance assessment submitted by the ERO in 2010.
The timing also aligns with the NERC's Rules of Procedure requirement
of an independent audit of NERC's Compliance Monitoring and Enforcement
Program (CMEP) and Organization Registration and Certification
Program.\15\
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    \15\ See e.g., NERC, Rules of Procedure, sec. 406 (``NERC shall
provide for an independent audit of its [CMEP] at least once every
three years, or more frequently as determined by the Board. The
audit shall be conducted by independent expert auditors as selected
by the Board'').
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    12. The ERO has existing internal processes used to assess its
ongoing performance of its statutory responsibilities, and the Regional
Entities' ongoing performance in their delegated activities.\16\ For
example, NERC files itemized annual budgets for both its own activities
and those of the Regional Entities, thereby tracking whether it
``allocate[s] equitably reasonable dues, fees and charges among end
users for all activities.'' \17\ The ERO uses a program alignment
process to identify, prioritize, and resolve inconsistencies among the

Regional Entities.\18\ The ERO also issues a stakeholder survey every
other year to measure the effectiveness of NERC and the Regional
Entities in executing program activities.\19\
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    \16\ For example, pursuant to 18 CFR 39.3 (c)(1)(i), the ERO
must include in its performance assessment an explanation of how its
Reliability Standards program meet the requirements of Sec.
39.3(b). NERC posts on its website the status of various Reliability
Standards projects, and provides public access to all projects,
including: Reliability Standards, Standard Authorization Requests,
Periodic Reviews, and Interpretations. NERC, Reliability Standards
Under Development, https://www.nerc.com/pa/Stand/Pages/Standards-Under-Development.aspx. NERC has a formal oversight program for
functions it has delegated to the Regional Entities. The programs
include performance metrics that NERC uses to evaluate the Regional
Entity performance from year to year, (i.e., more frequently than
what would be necessary for a three-year performance assessment).
2019 Performance Assessment at 10.
    \17\ 18 CFR 39.3(b)(2)(ii).
    \18\ NERC, ERO Enterprise Program Alignment Process, https://www.nerc.com/pa/comp/Pages/EROEnterProAlign.aspx.
    \19\ As required by 18 CFR 39.3(c)(1)(ii), the ERO's performance
assessment must address ``the effectiveness of each Regional Entity,
recommendations by the [ERO], users, owners, and operators of the
Bulk-Power System, and other interested parties for improvement of
the Regional Entity's performance of delegated functions.''
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    13. Based on the examples described above, we believe the ERO
should be able to use these existing processes to provide a self-
assessment to the Commission on a three-year basis rather than every
five years without imposing an undue burden on the ERO. NERC could
leverage the existing tracking mechanisms discussed above, as well as
the findings of its required three-year independent audit, its internal
audit department, ongoing quarterly and annual assessments of its CMEP
and Organization Registration and Certification Program,\20\ and the
processes that lead to NERC's annual filings of the business plan and
budgets (and those of the Regional Entities),\21\ all of which NERC
already uses to regularly report on its and the Regional Entities'
activities. For these reasons, we believe a reduction of time from a
five-year cycle to a three-year cycle will not impose an undue burden
for NERC, the Regional Entities, registered entities, or other
interested stakeholders.
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    \20\ See, e.g., NERC, Compliance Monitoring and Enforcement
Program Quarterly Report, (Nov. 4, 2020), https://www.nerc.com/pa/comp/CE/ReportsDL/Q3%202020%20Quarterly%20CMEP%20Report.pdf.
    \21\ See, e.g., NERC, 2021 Business Plan and Budget Preparation
Schedule, (2020), https://www.nerc.com/gov/bot/FINANCE/Hidden%20Documents/2021%20BPB%20Preparation%20Schedule.pdf.
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    14. Next, based on the last three performance assessments NERC has
submitted to the Commission as the ERO, where the Commission has
directed NERC to submit additional information on further compliance,
we propose to revise the Commission's regulations governing what an ERO
must include in its performance assessment. Specifically, we propose to
require that the Commission-certified ERO include in its performance
assessments a detailed discussion of any areas of the ERO's activities
and functions, or the Regional Entities' delegated functions, beyond
those set forth in Sec.  39.3(c)(1)(i), (ii), and (iii), that the
Commission identifies for inclusion at least 90 days prior to the
expected performance assessment submission date.\22\ Identifying
specific areas of interest in a formal and timely manner prior to
NERC's submission of the Performance Assessment may likely result in
efficiencies. For example, identifying areas of interest NERC should
address in the filing may reduce the need for the Commission to issue
data requests or require informational filings afterwards. We believe
the additional information NERC will provide in response to the
identified areas of interest will enable the Commission to more
efficiently review the performance of the ERO's activities and
functions, as well as oversight of the Regional Entities' delegated
functions. We also believe 90 days prior to the submission of each
performance assessment provides NERC adequate time to address any
Commission-identified topics in its performance assessment, but we seek
comment on whether a different period of time may be more appropriate.
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    \22\ As noted above, a Commission-identified issue may be
communicated to the ERO through a Commission order or the
Commission's delegated authority to the Director of the Office of
Electric Reliability.
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    15. Finally, we propose to add a formal requirement for a public
comment period to solicit Regional Entities, users, owners, and
operators of the Bulk-Power System, and other interested parties for
improvement of the ERO's operations, activities, oversight and
procedures. The intent of the comment period is to inform the content
of the ERO's draft performance assessment. We anticipate that the ERO
would meet the proposed requirement by issuing notice of a public
comment period on its website specifically requesting that interested
parties identify areas of improvement. We envision the solicitation of
comments would be issued separately and prior to the posting of the
draft performance assessment. The posting should be independent of
other recurring stakeholder surveys that may have a more limited
audience. The ERO would then include the submitted comments, and the
ERO's responses to such comments, with its performance assessment
filing.
    16. We believe that the proposed amendments to our regulations will
improve our oversight of the ERO. The proposal will better enable the
Commission to determine that the ERO is satisfying the statutory and
regulatory criteria continuously,\23\ and provide the opportunity for
more timely Commission and stakeholder feedback or direction to the ERO
should issues arise. Further, consistent with Order No. 672, the
shorter cycle for the ERO performance assessment will provide more
timely Commission oversight to assure that the ERO is ``not only
maintaining but improving the quality of its activities and those of
the Regional Entities to which it has delegated such activities.'' \24\
We seek comments from NERC and other interested entities on this
proposal, including on the burden of this proposal.
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    \23\ Order No. 672 interprets the FPA to require that the ERO to
comply with the certification criteria on an ongoing basis, and that
a violation of a certification criterion constitutes a violation of
the FPA. Order No. 672, 114 FERC ] 61,104 at P 184.
    \24\ Order No. 672, 114 FERC ] 61,104 at P 186.
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III. Information Collection Statement

    17. This NOPR proposes to amend the Commission's regulations to
require the Commission-certified ERO to submit assessments of its
performance every three years instead of the current period of every
five years. It also proposes to require the Commission-certified ERO to
include in its performance assessments a detailed discussion of any
areas of the ERO's responsibilities and activities, or the Regional
Entities' delegated functions, beyond those required by Sec.
39.3(c)(1)(i), (ii), and (iii), that the Commission identifies for
inclusion at least 90 days prior to the expected performance assessment
submission date. Finally, this NOPR proposes to formalize the ERO's
solicitation of recommendations via a formal public comment period from
Regional Entities, users, owners, and operators of the Bulk-Power
System, and other interested parties for improvement of the ERO's
operations, activities, oversight and procedures.
    18. The Paperwork Reduction Act (PRA) \25\ requires each federal
agency to seek and obtain approval by the Office of Management and
Budget (OMB) before undertaking a collection of information (including
reporting, record keeping, and public disclosure requirements) directed
to ten or more persons or contained in a rule of general applicability.
OMB regulations \26\ require approval of certain information collection
requirements contemplated by proposed rules (including deletion,
revision, or implementation of new requirements). 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 this
proposed 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.
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    \25\ 44 U.S.C. 3501-3521.
    \26\ 5 CFR part 1320.
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    19. The information collection in this NOPR is FERC-725,
``Certification of Electric Reliability Organization.'' The OMB Control
Number is 1902-0225. As required by the PRA, the collection of
information that would be revised in this proposed rule is being
submitted to OMB for review under 44 U.S.C. 3507(d).
    20. The Commission solicits comments on the Commission's need for
the proposed revision of the information collection, whether the
information will have practical utility, the accuracy of the burden
estimates, ways to enhance the quality, utility, and clarity of the
information to be collected or retained, and any suggested methods for
minimizing respondents' burden, including the use of automated
information techniques. All burden estimates are discussed in this NOPR
and in the Paperwork Reduction Act supporting statement.
    21. Interested persons may submit questions about this information
collection by contacting Ellen Brown, Office of the Executive Director,
at<EMAIL_ADDRESS>or<PHONE_NUMBER>. Please send comments
concerning the collection of information and the associated burden
estimates to: Office of Information and Regulatory Affairs, Office of
Management and Budget [Attention: Federal Energy Regulatory Commission
Desk Officer]. Due to security concerns, comments should be sent
directly to www.reginfo.gov/public/do/PRAMain. Comments submitted to
OMB should be sent within 60 days of publication of this notice in the
Federal Register and refer to FERC-725 and OMB Control No. 1902-0225.
    22. Please submit to the Commission copies of comments concerning
the collection of information and the associated burden estimates
(identified by Docket No. RM21-12-000) by any of the following methods:
     eFiling at Commission's Website: http://www.ferc.gov/docs-filing/efiling.asp;
     U.S. Postal Service Mail: Persons unable to file
electronically may mail similar pleadings to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426; or
     Effective July 1, 2020, filings not submitted via eFiling
or the U.S. Postal Service may be delivered to: Federal Energy
Regulatory Commission, c/o Health and Human Services, 12225 Wilkins
Avenue, Rockville, Maryland 20852.
    23. The following discussion describes and analyzes the existing
collection of information associated with 18 CFR 39.3(c) (FERC-725, OMB
Control Number 1902-0225), as it would be modified by this proposed
rule.
     Necessity of the Information: The information collected
from the ERO or Regional Entities under the requirements of FERC-725 is
used by the Commission to implement the statutory provisions of section
215 of the FPA and implemented by the Commission in accordance with 18
CFR part 39.
     Public Reporting Burden: The NOPR would result in program
changes in the ``Self-Assessment'' information activities in FERC-725
due to the proposed requirement to submit self-assessments every 3
years. At present, self-assessments are required every 5 years.
    24. The annualized number of responses for each self-assessment
would be revised from 0.2 per year to 0.33 per year. As shown below,
RM21-12-000 would result in a total of 2.31 responses for self-
assessments annually. The Commission has also reduced the number of
Regional Entities from seven to six.
    25. The Commission calculates the average annual burden and cost
\27\ in accordance with data from the Bureau of Labor Statistics. For
hourly cost (for wages and benefits), we estimate that 70 percent of
the time is spent by Electrical Engineers (code 17-2071, at $66.90/
hr.), 20 percent of the time is spent by Legal (code 23-0000, at
$143.68/hr.), and 10 percent by Office and Administrative Support (code
43-0000, at $41.34/hr.). The weighted hourly cost (for wages and
benefits) is $79.70.
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    \27\ The hourly cost estimates are based on wage data from the
Bureau of Labor Statistics for May 2019 (BLS, Occupational
Employment Statistics (May 2019), https://www.bls.gov/oes/current/naics2_22.htm) and benefits data for September 2020 (BLS, Employer
Costs for Employee Compensation Summary (Dec. 17, 2020), https://www.bls.gov/news.release/ecec.nr0.htm).

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                                                                                Estimated total
                                                                               Number of     Total number    Average burden hours    annual burden hrs.
         Type of respondent             Type of response       Number of     responses per   of responses      and cost ($) per         and cost ($)
                                                              respondents     respondent    (col. C x col.    response (rounded)    (rounded)  (col. E x
                                                                                D)                                      col. F)
A.                                   B....................              C.              D.              E.  F....................  G.
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Electric Reliability Organization..  Self-Assessment......               1            0.33            0.33  4,160 hrs.; $331,552.  1,373 hrs.; $109,412.
Regional Entities..................  Self-Assessment......               6            0.33            1.98  4,160 hrs.; $331,552.  8,237 hrs.; $656,473.
                                                           ---------------------------------------------------------------------------------------------
    Total Burden Hrs. and Cost.....  .....................               7  ..............            2.31  .....................  9,610 hrs.; $765,885.
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IV. 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.\28\ The
Commission has categorically excluded certain actions from this
requirement as not having a significant effect on the human
environment. Included in the exclusion are rules that are clarifying,
corrective, or procedural or that do not substantially change the
effect of the regulations being amended.\29\ The actions proposed here
fall within this categorical exclusion in the Commission's regulations.
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    \28\ Regulations Implementing the National Environmental Policy
Act of 1969, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats.
& Regs. ] 30,783 (1987) (cross-referenced at 41 FERC ] 61,284).
    \29\ 18 CFR 380.4(a)(2)(ii).
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V. Regulatory Flexibility Act Certification

    27. The Regulatory Flexibility Act of 1980 (RFA) \30\ generally
requires a description and analysis of proposed rules that will have
significant economic impact on a substantial number of small entities.
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    \30\ 5 U.S.C 601-612.
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    28. By only proposing to direct NERC, the Commission-certified ERO,
to

increase the periodicity of its performance assessment submission and
address identified topics, this NOPR will not have a significant or
substantial impact on entities other than NERC. The ERO develops and
files with the Commission for approval Reliability Standards affecting
the Bulk-Power System, which represents: (a) A total electricity demand
of 830 gigawatts (830,000 megawatts) and (b) more than $1 trillion
worth of assets. Therefore, the Commission certifies that this NOPR
will not have a significant economic impact on a substantial number of
small entities.

VI. Comment Procedures

    29. The Commission invites interested persons to submit comments on
the matters and issues proposed in this notice to be adopted, including
any related matters or alternative proposals that commenters may wish
to discuss. Comments are due March 1, 2021. Comments must refer to
Docket No. RM21-12-000, and must include the commenter's name, the
organization they represent, if applicable, and their address in their
comments.
    30. The Commission encourages comments to be filed electronically
via the eFiling link on the Commission's website at http://www.ferc.gov. The Commission accepts most standard word processing
formats. Documents created electronically using word processing
software should be filed in native applications or print-to-PDF format
and not in a scanned format. Commenters filing electronically do not
need to make a paper filing.
    31. Commenters that are not able to file comments electronically
must submit an original of their comments either by mail through the
United States Postal Service to: The Secretary of the Commission,
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC, 20426,\31\ or by any other method of delivery, including hand
delivery, to the Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.\32\
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    \31\ 18 CFR 385.2001(a)(1)(i).
    \32\ 18 CFR 385.2001(a)(1)(ii).
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    32. All comments will be placed in the Commission's public files
and may be viewed, printed, or downloaded remotely as described in the
Document Availability section below. Commenters on this proposal are
not required to serve copies of their comments on other commenters.

VII. Document Availability

    33. 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). At
this time, the Commission has suspended access to the Commission's
Public Reference Room due to the President's March 13, 2020
proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVID-19).
    34. 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.
    35. User assistance is available for eLibrary and the Commission's
website during normal business hours from the Commission's Online
Support at<PHONE_NUMBER> (toll free at 1-866-208-3676) or email at
<EMAIL_ADDRESS>or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER>. Email the Public Reference Room at
<EMAIL_ADDRESS>
List of Subjects in 18 CFR Part 39

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

    By direction of the Commission. Commissioners Chatterjee and
Glick are concurring with a joint separate statement attached.

    Issued: January 19, 2021.
Kimberly D. Bose,
Secretary.

    In consideration of the foregoing, the Commission proposes to amend
part 39, chapter I, title 18, Code of Federal Regulations, as follows:

PART 39--RULES CONCERNING CERTIFICATION OF THE ELECTRIC RELIABILITY
ORGANIZATION; AND PROCEDURES FOR THE ESTABLISHMENT, APPROVAL, AND
ENFORCEMENT OF ELECTRIC RELIABILITY STANDARDS

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

    Authority:  16 U.S.C. 824o.

0
2. Amend Sec.  39.3 by revising paragraph (c) introductory text,
paragraph (c)(ii) and adding paragraph (iv) to read as follows.

Sec.  39.3   Electric Reliability Organization certification.

* * * * *
    (c) The Electric Reliability Organization shall submit an
assessment of its performance three years from the date of
certification by the Commission, and every three years thereafter.
After receipt of the assessment, the Commission will establish a
proceeding with opportunity for public comment in which it will review
the performance of the Electric Reliability Organization.
* * * * *
    (ii) Recommendations, as solicited by the Electric Reliability
Organization via a noticed public comment period, by Regional Entities,
users, owners, and operators of the Bulk-Power System, and other
interested parties for improvement of the Electric Reliability
Organization's operations, activities, oversight and procedures, and
the Electric Reliability Organization's response to such
recommendations. . .
* * * * *
    (iv) a detailed discussion of any areas of the Electric Reliability
Organizations responsibilities and activities, or the Regional Entity
delegated functions, beyond those required by Sec.  39.3(c)(1)(i),
(ii), and (iii) of this section that the Commission has identified. The
Commission will inform the Electric Reliability Organization of any
additional performance areas to include at least 90 days prior to the
expected performance assessment submission date.
* * * * *

United States of America Federal Energy Regulatory Commission

Revisions to Regulations on Electric Reliability Organization
Performance Assessments--Docket No. RM21-12-000

(Issued January 19, 2021)

    CHATTERJEE, Commissioner, and GLICK, Commissioner, concurring:
    We support this notice of proposed rulemaking (NOPR), which
explores potential improvements to the existing framework for the North
American Electric Reliability Corporation, the Commission-certified
Electric Reliability Organization (ERO), to submit assessments of its
performance. Given the important and increasingly complex role the ERO
plays in ensuring the reliability of the Bulk Power System, we urge
interested parties to submit comments on the proposed reforms. To that
end, while we encourage comments on the potential benefits of these
proposed reforms, we also encourage interested parties to provide
comments on the potential burdens the proposed

reforms may impose on the ERO and its Regional Entities.

    For these reasons, we respectfully concur.

Neil Chatterjee,
Commissioner.

Richard Glick,
Commissioner.

[FR Doc. 2021-01614 Filed 1-28-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 22, 2008 (Volume 73, Number 100)]
[Notices]
[Page 29763-29764]
[DOCID:fr22my08-54]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

Ophthalmic Devices Panel of the Medical Devices Advisory
Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Ophthalmic Devices Panel of the Medical Devices
Advisory Committee.

    General Function of the Committee: To provide advice and
recommendations to the agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on June 10, 2008, from 8
a.m. to 4:30 p.m.
    Location: Hilton Washington DC North/Gaithersburg, Salons A, B, and
C, 620 Perry Pkwy., Gaithersburg, MD.
    Contact Person: Karen F. Warburton, Center for Devices and
Radiological Health (HFZ-460), Food and Drug Administration, 9200
Corporate Blvd., Rockville, MD 20850,<PHONE_NUMBER>, or FDA Advisory
Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in the
Washington, DC area), code<PHONE_NUMBER>. Please call the Information Line
for up-to-date information on this meeting. A notice in the Federal
Register about last minute modifications that impact a previously
announced advisory committee meeting cannot always be published quickly
enough to provide timely notice. Therefore, you should always check the
agency's Web site and call the appropriate advisory committee hot line/
phone line to learn about possible modifications before coming to the
meeting.
    Agenda: The committee will discuss general issues concerning the
postmarket experience with various contact lens care products. The
discussion will include recommendations on contact lens care product
development topics such as preclinical testing and clinical performance
measures, and labeling for contact lenses and lens care products.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/ohrms/dockets/ac/acmenu.htm, click on
the year 2008 and scroll down to the appropriate advisory committee
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before June
5, 2008. Oral presentations from the public will be scheduled on June
10, 2008, between approximately 9:30 a.m. and 10 a.m. and between
approximately 3:30 p.m. and 4 p.m. Those desiring to make formal oral
presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before May 28, 2008. Time allotted for each presentation may be
limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by May 29,
2008.
    Persons attending FDA's advisory committee meetings are advised
that the agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact AnnMarie Williams,
Conference Management staff,<PHONE_NUMBER>, at least 7 days in advance
of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/oc/advisory/
default.htm for procedures on public conduct during advisory committee
meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: May 15, 2008.
Randall W. Lutter,
Deputy Commissioner for Policy.
[FR Doc. E8-11451 Filed 5-21-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 88, Number 203 (Monday, October 23, 2023)]
[Rules and Regulations]
[Page 72683]
[FR Doc No: 2023-23376]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2023-0837]

Safety Zone; Fireworks Displays Within the Fifth Coast Guard
District

AGENCY: Coast Guard, DHS.

ACTION: Notification of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce a safety zone for a fireworks
display at The Wharf DC on October 25, 2023, to provide for the safety
of life on navigable waterways during this event. Our regulation for
Fireworks Displays within the Fifth Coast Guard District identifies the
safety zone for this event in Washington, DC. During the enforcement
period, vessels may not enter, remain in, or transit through the safety
zone unless authorized to do so by the COTP or his representative, and
vessels in the vicinity must comply with directions from the Patrol
Commander or any Official Patrol displaying a Coast Guard ensign.

DATES: The regulation in 33 CFR 165.506 will be enforced for the
location identified in line no. 1 of table 2 to 33 CFR 165.506(h)(2)
from 8:30 p.m. until 10 p.m. on October 25, 2023.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, call or email MST2 Hollie Givens, Sector
Maryland-NCR, Waterways Management Division, U.S. Coast Guard:
telephone 410-57-2596, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
regulation for a fireworks display at The Wharf DC from 8:30 p.m. to 10
p.m. on October 25, 2023. This action is being taken to provide for the
safety of life on navigable waterways during this event. Our regulation
for Fireworks Displays within the Fifth Coast Guard District, Sec.
165.506, specifies the location of the safety zone for the fireworks
show, which encompasses portions of the Washington Channel in the Upper
Potomac River. During the enforcement period, as reflected in Sec.
165.506(b), if you are the operator of a vessel in the vicinity of the
safety zone, you may not enter, remain in, or transit through the
safety zone unless authorized to do so by the COTP or his
representative, and you must comply with directions from the Patrol
Commander or any Official Patrol displaying a Coast Guard ensign.
    In addition to this notification of enforcement in the Federal
Register, the Coast Guard plans to provide notification of this
enforcement period via the Local Notice to Mariners and marine
information broadcasts.

    Dated: October 18, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-
National Capital Region.
[FR Doc. 2023-23376 Filed 10-20-23; 8:45 am]
BILLING CODE 9110-04-P


maximum civil penalty for a related series of violations shall be
determined by multiplying $42,621 times the vehicle or engine
production volume for the model year

in question within the regulatory averaging set.

    Issued in Washington, DC, on November 10, 2020.
Elaine L. Chao,
Secretary of Transportation.
[FR Doc. 2020-25236 Filed 1-8-21; 8:45 am]
BILLING CODE P


[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Notices]
[Pages 69809-69810]
[FR Doc No: 2016-24274]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD16-25-000]

Utilization In the Organized Markets of Electric Storage
Resources as Transmission Assets Compensated Through Transmission
Rates, for Grid Support Services Compensated in Other Ways, and for
Multiple Services; Notice of Technical Conference

    Take notice that the Federal Energy Regulatory Commission
(Commission) will convene a technical conference on November 9, 2016,
at the Commission's offices at 888 First Street NE., Washington, DC
20426 beginning at 10:00 a.m. and ending at 3:00 p.m. (Eastern Time).
Commission staff will lead the conference, and Commissioners may
attend.
    Electric storage resources \1\ are able to provide services to
multiple entities (i.e., Regional Transmission Organizations/
Independent System Operators (RTO/ISO), the distribution utilities, or
other markets). In addition, these storage resources may fit into one
or more of the traditional asset functions of generation, transmission,
and distribution. The Commission wants to explore the circumstances
under which it may be appropriate for electric storage resources to
provide multiple services, whether the RTO/ISO tariffs need to include
provisions to accommodate these business models, and how the Commission
may ensure just and reasonable compensation for these resources in the
RTO/ISO markets.\2\ The subject of the conference will be the
utilization of electric storage resources as transmission assets
compensated through transmission rates, for grid support services that
are compensated in other ways, and for multiple services. The
discussion will include issues related to (1) potential models for cost
recovery for electric storage resources utilized as transmission
assets, while also selling energy, capacity or ancillary services at
wholesale; (2) potential models to enable an electric storage resource
to provide a compensated grid support service (like a generator
providing ancillary services under a reliability must-run contract)
rather than being compensated for providing transmission service; and
(3) practical considerations for electric storage resources providing
multiple services at once (i.e., providing both wholesale service(s)
and retail and/or end-use service(s)). Further details of the
conference will be specified in a supplemental notice.
---------------------------------------------------------------------------

    \1\ For purposes of this conference, Commission staff defines an
electric storage resource as a facility that can receive electric
energy from the grid and store it for later injection of electricity
back to the grid. This includes all types of electric storage
technologies, regardless of their size and storage medium, or
whether they are interconnected to the transmission system,
distribution system, or behind a customer meter.
    \2\ On April 11, 2016, Commission staff issued, in Docket No.
AD16-20-000, data requests and a request for comments seeking
information about the rules in RTO/ISO markets that affect the
participation of electric storage resources.
---------------------------------------------------------------------------

    Those wishing to participate in this conference should submit a
nomination form online by 5:00 p.m. on October 14, 2016 at: https://www.ferc.gov/whats-new/registration/11-09-16-speaker-form.asp.
    All interested persons may attend the conference, and registration
is not required. However, in-person attendees are encouraged to
register on-line at: https://www.ferc.gov/whats-new/registration/11-09-16-form.asp.
    This conference will be transcribed and webcasted. Transcripts will
be available immediately for a fee from Ace Reporting Company at (202)
347-3700. A link to the webcast of this event will be available in the
Commission Calendar of Events at www.ferc.gov. The Capitol Connection
provides technical support for the webcasts and offers the option of
listening to the conferences via phone-bridge for a fee. For additional
information, visit www.CapitolConnection.org or call<PHONE_NUMBER>.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to<EMAIL_ADDRESS>call<PHONE_NUMBER> (toll
free) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with the
required accommodations.
    For information about the technical conference, please contact
Rahim Amerkhail at<PHONE_NUMBER><EMAIL_ADDRESS>For
logistic information, please contact Sarah McKinley at<PHONE_NUMBER>,
<EMAIL_ADDRESS>

    Dated: September 30, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-24274 Filed 10-6-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 54 (Monday, March 21, 2022)]
[Proposed Rules]
[Pages 15899-15902]
[FR Doc No: 2022-05588]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0283; Project Identifier MCAI-2021-01285-R]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Leonardo S.p.a. Model AB139 and AW139 helicopters. This
proposed AD was prompted by a large crack detected on the tail gearbox
(TGB) fitting during a scheduled inspection and the determination that
certain TGB fittings are required to be inspected by the use of a
borescope. This proposed AD would require a one-time borescope
inspection of certain part-numbered TGB fittings, and depending on the
inspection results, removing the affected part from service and
replacing with an airworthy part, as specified in a European Union
Aviation Safety Agency (EASA) AD, which is proposed for incorporation
by reference (IBR). The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 5,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.

     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For EASA material that is proposed for IBR in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; internet www.easa.europa.eu. You
may find the EASA material on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321,
Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. This material is also
available at https://www.regulations.gov by searching for and locating
Docket No. FAA-2022-0283.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0283; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the EASA AD,
any comments received, and other information. The street address for
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer,
COS Program Management Section, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0283; Project Identifier
MCAI-2021-01285-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Andrea Jimenez, Aerospace Engineer, COS Program Management Section,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected]. Any commentary that the FAA
receives that is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0259, dated November 17, 2021
and corrected November 22, 2021 (EASA AD 2021-0259), to correct an
unsafe condition for Leonardo S.p.A. Helicopters, formerly Finmeccanica
S.p.A, AgustaWestland S.p.A., Agusta S.p.A.; and AgustaWestland
Philadelphia Corporation, formerly Agusta Aerospace Corporation, Model
AB139 and AW139 helicopters, all serial numbers.
    EASA advises that during a scheduled inspection of a Model AW139
helicopter, a large crack was detected on the inner forward-right side
of TGB fitting part number 3G5351A01151. EASA further advises that
investigation results determined previous inspections on the inner-
right side of the TGB fitting were accomplished without the use of a
borescope. The FAA is proposing this AD to detect cracks on the TGB
fitting. The unsafe condition, if not addressed, could result in crack
propagation up to a critical length, reduced load capability of the TGB
and tail rotor, and subsequent reduced control of the helicopter. See
EASA AD 2021-0259 for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0259 specifies procedures, within the applicable
compliance times, for a one-time borescope inspection of certain TGB
fittings for a crack or any discrepancy, and replacement of an affected
part with a new part as specified in the manufacturer's service
information.
    This material 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.

Other Related Service Information

    The FAA also reviewed Leonardo Helicopters Alert Service Bulletin
No.139-686, dated November 8, 2021 (ASB 139-686). This service
information specifies procedures for borescope inspecting the right-
hand and forward parts of certain TGB fittings for any cracks or damage
and replacing the TGB fitting with a new one, if any cracks or damage
are detected. ASB 139-686 also specifies procedures for reporting
inspection results if a crack or discrepancy is detected.

FAA's Determination

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

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0259, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD and except as discussed under
``Differences Between this Proposed AD and EASA AD 2021-0259.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2021-0259 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0259 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2021-0259 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2021-
0259. Service information referenced in EASA AD 2021-0259 for
compliance will be available at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0283 after the FAA final
rule is published.

Differences Between This Proposed AD and EASA AD 2021-0259

    EASA AD 2021-0259 applies to Model AB139 and AW139 helicopters, all
serial numbers, whereas this proposed AD would only apply to Model
AB139 and AW139 helicopters with certain part-numbered TGB fittings
installed. This proposed AD would not require compliance with paragraph
(3) of EASA AD 2021-0259.
    Service information referenced in EASA AD 2021-0259 specifies that
if any crack or damage is found, replace the damaged TGB fitting with a
new one, whereas this proposed AD would require before further flight,
removing the affected TGB fitting from service and replacing with an
airworthy part.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 129 helicopters of U.S. Registry. Labor rates are estimated at
$85 per work-hour. Based on these numbers, the FAA estimates the
following costs to comply with this proposed AD.
    Borescope inspecting the TGB fitting for a crack and any
discrepancy (i.e., damage) would take about 4 work-hours for an
estimated cost of $340 per helicopter and $43,860 for the U.S. fleet.
    Replacing the TGB fitting with an airworthy TGB fitting would take
about 36 work-hours and parts would cost about $6,650 for an estimated
cost of $9,710 per replacement.
    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators.

Authority for This Rulemaking

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

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive:

Leonardo S.p.a.: Docket No. FAA-2022-0283; Project Identifier MCAI-
2021-01285-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by May 5, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB139 and AW139
helicopters, certificated in any category, with an affected part as
identified in European Union Aviation Safety Agency (EASA) AD 2021-
0259, dated November 17, 2021, and corrected November 22, 2021 (EASA
AD 2021-0259).

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 5300, Fuselage
Structure.

(e) Unsafe Condition

    This AD was prompted by a large crack detected on the tail
gearbox (TGB) fitting during a scheduled inspection and the
determination that certain TGB fittings are required to be inspected
by the use of a borescope. The FAA is issuing this AD to detect
cracks on the TGB fitting. The unsafe condition, if not addressed,
could result in crack propagation up to a critical length, reduced
load capability of the TGB and tail rotor, and subsequent reduced
control of the helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0259.

(h) Exceptions to EASA AD 2021-0259

    (1) Where EASA AD 2021-0259 requires compliance in terms of
flight hours (FH), this AD requires using hours time-in-service.
    (2) Where EASA AD 2021-0259 refers to its effective date, this
AD requires using the effective date of this AD.
    (3) Where paragraph (1) of EASA AD 2021-0259 specifies
``inspect, using a borescope,

the affected part in accordance with the instructions of Section 3
Part I of the ASB,'' for this AD replace ``in accordance with the
instructions of Section 3 Part I of the ASB'' with ``in accordance
with the Accomplishment Instructions, Section 3 Part I, paragraphs
5. through 5.5 of the ASB.''
    (4) Where paragraph (2) of EASA AD 2021-0259 specifies ``if,
during the inspection as required by paragraph (1) this AD, a crack
or any discrepancy is detected, replace the affected part in
accordance with the instructions of Section 3 Part II of the ASB,''
this AD requires before further flight, removing the TGB fitting
from service and replacing with an airworthy part, if any crack or
discrepancy is detected. For this AD, discrepancies include damage,
which includes scratches and dents on the outer surfaces of the
forward and right-hand sides of the TGB fitting above the horizontal
row of fastener holes. The instructions specified in paragraph (2)
of EASA AD 2021-0259 are for reference only and are not required for
the replacement required by this paragraph.
    (5) Where paragraph (4) of EASA AD 2021-0259 allows
(re)installing an affected part provided it is inspected as required
by paragraph (1) of EASA AD 2021-0259, for this AD, the inspected
part cannot be (re)installed if any crack or discrepancy is
detected.
    (6) This AD does not mandate compliance with paragraph (3) of
EASA AD 2021-0259.
    (7) This AD does not mandate compliance with the ``Remarks''
section of EASA AD 2021-0259.

(i) Special Flight Permit

    Special flight permits may be issued in accordance with 14 CFR
21.197 and 21.199, provided no passengers are onboard.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (k)(2) of
this AD. Information may be emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(k) Related Information

    (1) For EASA AD 2021-0259, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may view this
material at the FAA, Office of the Regional Counsel, Southwest
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For
information on the availability of this material at the FAA, call
(817) 222-5110. This material may be found in the AD docket at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2022-0283.
    (2) For more information about this AD, contact Andrea Jimenez,
Aerospace Engineer, COS Program Management Section, Operational
Safety Branch, Compliance & Airworthiness Division, FAA, 1600
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected].

    Issued on March 10, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-05588 Filed 3-18-22; 8:45 am]
BILLING CODE 4910-13-P


Record Index for the Metal Products and Machinery ( MP& M) OW 2002 033 ( W 99 23) Final Rule ( Section 26) 4/ 16/ 03 26 1 SECTION DCN CBI TYPE TITLE RECIPIENT SENDER DATE PAGES 26.0 37900 N MEM Memo: Cost Effectiveness Analysis for the Alternative Options MP& M Public Record Abt Associates Inc. 2/ 12/ 2003 6 26.0 37901 Y DATA Removals. mdb Abt Associates Inc. 2/ 14/ 2003 Electronic


[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Notices]
[Pages 53827-53828]
[FR Doc No: 2022-18937]

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DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2022-0095]

Notice of Request for Clearance of a Revision to a Currently
Approved Information Collection: National Census of Ferry Operators

AGENCY: Bureau of Transportation Statistics (BTS) Office of the
Assistant Secretary for Research and Technology (OST-R), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the requirements of the Paperwork Reduction
Act of 1995, this notice announces the intention of the BTS to request
the Office of Management and Budget's (OMB's) approval for new
iterations of an on-going biennial information collection related to
the nation's ferry operations. The information collected from each
Census will be used to produce a descriptive database of existing ferry
operations. A summary report of census findings will also be published
by BTS on the BTS web page: www.bts.gov/ncfo.

DATES: Comments must be submitted on or before October 31, 2022.

ADDRESSES: You may submit comments identified by DOT Docket ID Number
DOT-OST-2022-0095 to the U.S. Department of Transportation (DOT),
Dockets Management System (DMS). You may submit your comments by mail
or in person to the Docket Clerk, Docket No., U.S. Department of
Transportation, 1200 New Jersey Ave. SE, West Building Room W12-140,
Washington, DC 20590. Comments should identify the docket number as
indicated above. Paper comments should be submitted in duplicate. The
DMS is open for examination and copying, at the above address, from 9
a.m. to 5 p.m., Monday through Friday, except federal holidays. If you
wish to receive confirmation of receipt of your written comments,
please include a self-addressed, stamped postcard with the following
statement: ``Comments on Docket DOT-OST-2022-0095.'' The Docket Clerk
will date stamp the postcard prior to returning it to you via the U.S.
mail. Please note that due to delays in the delivery of U.S. mail to
Federal offices in Washington, DC, we recommend that persons consider
an alternative method (the internet, fax, or professional delivery
service) to submit comments to the docket and ensure their timely
receipt at U.S. DOT. You may fax your comments to the DMS at (202) 493-
2251. Comments can also be viewed and/or submitted via the Federal

Rulemaking Portal: http://www.regulations.gov.
    Please note that anyone is able to electronically search all
comments received into our docket management system by the name of the
individual submitting the comment (or signing the comment if submitted
on behalf of an association, business, labor union, etc.). You may
review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (Volume 65, Number 70; pages 19475-19570)
or you may review the Privacy Act Statement at http://www.gpoaccess.gov/fr/.

FOR FURTHER INFORMATION CONTACT: Clara Reschovsky,<PHONE_NUMBER>, NCFO
Program Manager, BTS, OST-R, Department of Transportation, 1200 New
Jersey Ave. SE, Room E36-324, Washington, DC 20590. Office hours are
from 8:00 a.m. to 5:30 p.m., E.T., Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:
    Title: National Census of Ferry Operators (NCFO).
    Background: The Transportation Equity Act for the 21st Century
(TEA-21) (Pub. L. 105-178), section 1207(c), directed the Secretary of
Transportation to conduct a study of ferry transportation in the United
States and its possessions. In 2000, the Federal Highway Administration
(FHWA) Office of Intermodal and Statewide Planning conducted a survey
of approximately 250 ferry operators to identify: (1) existing ferry
operations including the location and routes served; (2) source and
amount, if any, of funds derived from Federal, State, or local
governments supporting ferry construction or operations; (3) potential
domestic ferry routes in the United States and its possessions and to
develop information on those routes; and (4) potential for use of high
speed ferry services and alternative-fueled ferry services. The Safe,
Accountable, Flexible Efficient Transportation Equity Act--A Legacy for
Users (SAFETEA-LU) Public Law 109-59, section 1801(e)) required that
the Secretary, acting through the BTS, shall establish and maintain a
national ferry database containing current information regarding
routes, vessels, passengers and vehicles carried, funding sources and
such other information as the Secretary considers useful. MAP-21
legislation [Moving Ahead for Progress in the 21st Century Act (Pub. L.
112-141),] continued the BTS mandate to conduct the NCFO and also
required that the Federal Highway Administration (FHWA) use the NCFO
data to set the specific formula for allocating federal ferry funds.
The funding allocations were based on a percentage of the number of
passenger boardings, vehicle boardings, and route miles served.
    BTS conducted the first Census of Ferry Operators in 2006, and
again in 2008, 2010, 2014, 2016, 2018, 2020, and plans are underway for
the conduct of the next NCFO in the Spring of 2023. The 2022 NCFO was
delayed by one year since ferry operations were disrupted by the
pandemic and the census data should collect typical data. These
information collections were originally approved by OMB under Control
Number 2139-0009.
    The recently enacted FAST Act legislation [Fixing America's Surface
Transportation Act (Pub. L. 114-94, sec. 1112)] continues the BTS
mandate to conduct the NCFO on a biennial basis, and extended the
requirement that the Federal Highway Administration (FHWA) use the NCFO
data to set the specific formula for allocating federal ferry funds
based on a percentage of the number of passenger boardings, vehicle
boardings, and route miles served. The overall length of the revised
questionnaire for the 2022 NCFO will remain consistent with that of
previous years.
    The census will be administered to the entire population of ferry
operators (estimate of 250 or less). The census will request the
respondents to provide information such as: the points served; the type
of ownership; the number of passengers and vehicles carried in the past
12 months; vessel descriptions (including type of fuel), federal, state
and local funding sources, and intermodal connectivity. All data
collected in 2022 will be added to the existing NCFO database.
    Respondents: The target population for the census will be all of
the approximately 250 ferry operators existing in the United States.
    Estimated Average Burden per Response: The burden per respondent is
estimated to be an average of 30 minutes. This average is based on an
estimate of 20 minutes to answer new questions and an additional 10
minutes to review (and revise as needed) previously submitted data that
will be pre-populated for each ferry operation.
    Estimated Total Annual Burden: The total annual burden (in the year
that the census is conducted) is estimated to be just under 125 hours
(that is 30 minutes per respondent for 250 respondents equals 7,500
minutes).
    Frequency: This census will be updated every other year.
    Public Comments Invited: Interested parties are invited to send
comments regarding any aspect of this information collection,
including, but not limited to: (1) the necessity and utility of the
information collection for the proper performance of the functions of
the DOT; (2) the accuracy of the estimated burden; (3) ways to enhance
the quality, utility, clarity and content of the collected information;
and (4) ways to minimize the collection burden without reducing the
quality of the collected information. Comments submitted in response to
this notice will be summarized and/or included in the request for OMB's
clearance of this information collection.
    Authority: The Transportation Equity Act for the 21st Century, Pub.
L. 105-178, section 1207(c), The Safe, Accountable, Flexible Efficient
Transportation Equity Act--A Legacy for Users (SAFETEA-LU), Pub. L.
109-59, Moving Ahead for Progress in the 21st Century Act (MAP-21),
Pub. L. 112-141, 49 CFR 1.46, and Fixing America's Surface
Transportation Act (FAST Act), Pub. L. 114-94, sec. 1112.

    Issued in Washington, DC, on the 29th of August 2022.
Cha-Chi Fan,
Director, Office of Data Development and Standards, Bureau of
Transportation Statistics, Office of the Assistant Secretary for
Research and Technology.
[FR Doc. 2022-18937 Filed 8-31-22; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 84, Number 75 (Thursday, April 18, 2019)]
[Notices]
[Pages 16324-16326]
[FR Doc No: 2019-07784]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0086]

Hours of Service of Drivers: Extreme Logistics, LLC, Application
for Exemption

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

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

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

SUMMARY: FMCSA announces that it has received an application from
Extreme Logistics, LLC (applicant) for an exemption from the
requirement that drivers of commercial motor vehicles (CMVs) must not
drive following the 14th hour after coming on duty. The exemption would
apply solely to the drivers of 12 CMVs employed by the applicant in
conjunction with staging fireworks shows celebrating Independence Day
during the period of June 26-July 8, for the next five years (2019-
2024) inclusive. During this period, the CMV drivers employed by the
applicant would be allowed to exclude off-duty and sleeper-berth time
of any length from the calculation of the 14 hours. These drivers would
not be allowed to drive after accumulating a total of 14 hours of on-
duty time, following 10 consecutive hours off duty, and would continue
to be subject to the 11-hour driving time limit, and the 60-

and 70-hour on-duty limits. The applicant maintains that the terms and
conditions of the limited exemption would ensure a level of safety
equivalent to or greater than the level of safety achieved without the
exemption.

DATES: May 20, 2019.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2019-0086 using any of the
following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to 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 FDMS is available 24 hours each
day, 365 days each year. If you want acknowledgment that we received
your comments, please include a self-addressed, stamped envelope or
postcard or print the acknowledgement page that appears after
submitting comments on-line.
    Privacy Act: 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: For information concerning this notice
contact Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations
Division; Office of Carrier, Driver and Vehicle Safety Standards;
Telephone:<PHONE_NUMBER>. Email: [email protected]. If you have questions on
viewing or submitting material to the docket, contact Docket Services,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

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

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2019-0086), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put
the docket number, ``FMCSA-2019-0086'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope.

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-2019-0086'' in the ``Keyword'' box and click
``Search.'' Next, click ``Open Docket Folder'' button and choose the
document listed 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.

Legal Basis

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

Application for Exemption

    The hours-of-service (HOS) rule in 49 CFR 395.3(a)(2) prohibits a
property-carrying CMV driver from driving a CMV after the 14th hour
after coming on duty following 10 consecutive hours off duty. Extreme
Logistics, LLC (USDOT 1971328) (Applicant) is a fireworks display
company that employs CMV drivers who hold commercial driver's licenses
(CDLs) with hazardous materials endorsements. The applicant seeks an
exemption from the 14-hour rule in 49 CFR 395.3(a)(2) so that drivers
would be allowed to exclude off-duty and sleeper-berth time of any
length from the calculation of the 14 hours. The applicant states that
the basis for the request is the existing FMCSA exemption granted to
Illumination Fireworks, LLC and ACE Pyro, LLC under Docket No. FMCSA-
2014-0111, from the 14-hour rule. As stated in the applicant's request,
its CMV drivers hold CDLs with hazardous materials endorsements to
transport Division 1.3G and 1.4G fireworks in conjunction with the
setup of firework shows for Independence Day. The applicant states that
it is seeking the HOS exemption because compliance with the 14-hour
rule would impose economic hardship on cities, municipalities, and
themselves. Complying with the existing regulation means that most
shows would require two drivers,

significantly increasing the cost of the fireworks display.
    The applicant asserts that without the extra duty period provided
by the exemption, safety would decline as firework drivers would be
unable to return to their home base following each show should they
have fireworks remaining after the display. They would be forced to
park the CMVs carrying Division 1.3G and 1.4G products in areas less
secure than the motor carrier's home base.

Method To Ensure an Equivalent or Greater Level of Safety

    As a condition for maintaining the exemption, each motor carrier
would be required to notify FMCSA within 5 business days of any crash
(as defined in 49 CFR 390.5) involving the operation of any CMVs under
this exemption. The applicant advised that its drivers have never been
involved in an accident and that it does not believe the exemption
would change that record.
    In the exemption request, the applicant asserts that the
operational demands of this unique industry minimize the risks of CMV
crashes. In the last few days before the Independence Day holiday,
these drivers transport fireworks over relatively short routes from
distribution points to the site of the fireworks display and normally
do so in the early morning when traffic is light. The applicant noted
that during the 2018 Independence Day season, the farthest show from
its home base was 150 miles. At the site, drivers spend considerable
time installing, wiring, and checking the safety of fireworks displays,
followed by several hours of duty in the late afternoon and early
evening prior to the event. Before beginning another duty day, these
drivers must take 10 consecutive hours off duty, the same as other CMV
drivers.
    A copy of the application for exemption is available for review in
the docket for this notice.

    Issued on: April 11, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-07784 Filed 4-17-19; 8:45 am]
 BILLING CODE 4910-EX-P