[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Rules and Regulations]
[Pages 43487-43493]
[FR Doc No: 2019-17920]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 744 and 762

[Docket No.<PHONE_NUMBER>]
RIN 0694-AH86

Temporary General License: Extension of Validity, Clarifications
to Authorized Transactions, and Changes to Certification Statement
Requirements

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: On May 16, 2019, Huawei Technologies Co., Ltd. (Huawei) and
sixty-eight of its non-U.S. affiliates were added to the Entity List.
Their addition to the Entity List imposed a licensing requirement under
the Export Administration Regulations (EAR) regarding the export,
reexport, or transfer (in-country) of any item subject to the EAR to
any of these 69 listed Huawei entities. The Entity List-based licensing
requirement applied in addition to any other license requirement, if
any, applicable under the EAR to the transaction in question. On May
22, 2019, the Bureau of Industry and Security (BIS) published a
temporary general license, effective May 20, 2019, that modified the
effect of the listing in order to temporarily authorize engagement in
certain transactions, involving the export, reexport, or transfer (in-
country) of items subject to the EAR to the 69 listed Huawei entities.
The U.S. Government has decided to extend the temporary general license
through November 18, 2019. In order to implement this decision, this
final rule revises the temporary general license to remove the
expiration date of August 19, 2019, and substitutes the date of
November 18, 2019. This final rule also makes certain clarifying
changes to the authorized transactions under the temporary general
license to improve public understanding. Lastly, this final rule
revises the temporary general license by changing which party to the
transaction is required to create the certification statement by
requiring that the exporter, reexporter, or transferor obtain a
certification statement from the pertinent Huawei listed entity prior
to using the temporary general license. Concurrently with the this
final rule, BIS is also publishing elsewhere in this issue of the
Federal Register the final rule, Addition of Certain Entities to the
Entity List and Revision of Entries on the Entity List. This final
rule, as a conforming change for the addition of these other non-U.S.
affiliates of Huawei to the Entity List, revises the temporary general
license to include those additional Huawei affiliates within the scope
of the temporary general license.

DATES: This rule is effective August 19, 2019 through November 18,
2019, except for amendatory instructions 1 and 3, which are effective
August 19, 2019. The expiration date of the final rule published on May
22, 2019 (84 FR 23468) is extended until November 18, 2019.

FOR FURTHER INFORMATION CONTACT: Director, Office of Exporter Services,
Bureau of Industry and Security, Department of Commerce, Phone: (949)
660-0144 or<PHONE_NUMBER> or email your inquiry to:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    As published on May 22, 2019, the temporary general license
authorizes certain activities, including those necessary for the
continued operations of existing networks and to support existing
mobile services, including cybersecurity research critical to
maintaining the integrity and reliability of existing and fully
operational networks and equipment. Exporters, reexporters, and
transferors are required to maintain certifications and other records,
to be made available when requested by BIS, regarding their use of the
temporary general license.
    As published on May 22, 2019, and as revised and clarified by this
final rule, any exports, reexports, or in-country transfers of items
subject to the EAR to any of the 69 listed Huawei entities continue to
require a license based on their addition to the Entity List, with the
exception of transactions explicitly authorized by the temporary
general license and eligible for export, reexport,

or transfer (in-country) prior to May 16, 2019, without a license or
under a license exception. License applications will continue to be
reviewed under a presumption of denial, as stated in the Entity List
entries for the listed Huawei entities.
    No persons are relieved of other obligations under the EAR,
including but not limited to licensing requirements to the People's
Republic of China (PRC or China) or elsewhere and/or the requirements
of part 744 of the EAR. The temporary general license also does not
authorize any activities or transactions involving Country Group E
countries (i.e., Cuba, Iran, North Korea, Sudan, and Syria) or foreign
nationals.

Ninety-Day Extension of Validity

    At this time, the U.S. Government has decided to extend the
temporary general license until November 18, 2019, as revised and
clarified as described below. In order to implement this U.S.
Government decision, this final rule revises the temporary general
license to remove the date of August 19, 2019, and substitutes the date
of November 18, 2019, in the introductory text and in paragraph (b)(1)
of the temporary general license and in the introductory text of
paragraph (c) of Supplement No. 7 to part 744.

Conforming Change for Additional Huawei Affiliates Added to the Entity
List

    Concurrently with the this final rule, BIS is also publishing
elsewhere in this issue of the Federal Register the final rule,
Addition of Certain Entities to the Entity List and Revision of Entries
on the Entity List. The other rule adds forty-six additional non-U.S.
affiliates of Huawei to the Entity List because they also pose a
significant risk of involvement in activities contrary to the national
security or foreign policy interests of the United States. See the
final rule in this same issue of the Federal Register for additional
information.
    This final rule, as a conforming change for the addition of these
other non-U.S. affiliates of Huawei to the Entity List, revises
paragraph (a) (Identification of non-U.S. affiliates) by removing
paragraphs (a)(1) to (a)(68) that identifies the non-U.S. affiliates
each by name and adds in its place paragraphs (a)(1) and (a)(2) as a
simpler method for identifying the non-U.S. affiliates of Huawei that
are within the scope of the temporary general license. Paragraph (a)(1)
will identify the non-U.S. affiliates added to the Entity List in the
rule published on May 21, 2019 (84 FR 22961), and effective May 16,
2019. Paragraph (a)(2) will identify the non-U.S. affiliates added to
the Entity List with a reference to this final rule effective on August
19, 2019.

Clarification of Authorized Transactions Under the Temporary General
License

    The temporary general license includes paragraph (c) (Authorized
transactions) that allows during the validity period of the temporary
general license certain exports, reexports, and transfers (in-country)
that meet specified criteria. As described below, this final rule
removes paragraph (c)(4) without implicating the Entity List-based
license requirements for Huawei and its non-U.S. affiliates on the
Entity List. Since the temporary general license became effective on
May 20, 2019, BIS has received a number of questions regarding the
temporary general license and many of these questions have requested
clarification regarding the scope of paragraph (c)(1), (2), or (4). BIS
intends to soon post on its website Frequently Asked Questions (FAQs)
and other guidance to answer the questions received that have broad
applicability to exporters, reexporters, and transferors. In addition,
BIS has identified certain clarifying changes that should be made to
paragraph (c) to improve public understanding of the intended scope of
the temporary general license.
    This final rule revises paragraph (c)(1) (Continued operation of
existing networks and equipment) by adding a new paragraph (c)(1)(i)
(Exclusions) to clarify that the scope of the paragraph (c)(1)
authorization does not include certain exports, reexports, or transfers
(in-country) for existing networks. This final rule adds an exclusion
under paragraph (c)(1)(i)(A) to specify that end-devices such as
general-purpose computing devices are not considered to be part of an
existing and fully operational network. This exclusion also specifies
that equipment that is not directly related to the support and
maintenance of the network is excluded. An exclusion also is added
under new paragraph (c)(1)(i)(B) to specify that transfers of equipment
for general business purposes or for activities that are not in direct
support of an existing and fully operational network are not included
in the temporary general license. This final rule also adds a
parenthetical phrase to provide an illustrative example of
semiconductor production equipment as a type of equipment that would be
excluded under paragraph (c)(1) of the temporary general license.
Lastly, this final rule adds clarifying text to the introductory text
of paragraph (c)(1) to specify that software for bug fixes, security
vulnerability patches, and other updates to existing versions of the
software necessary to maintain and support existing and currently
`fully operational networks' and equipment are under paragraph (c)(1)
of the temporary general license, provided the software does not
enhance the functional capacities of the original software or
equipment. The May 22 rule used the phrase `software updates and
patches.' This final rule replaces that text with more specific text to
improve public understanding for what software is eligible under
paragraph (c)(2). This final rule makes this same type of software
clarification to paragraph (c)(2) described below.
    This final rule adds and reserves paragraph (c)(1)(ii) to conform
to Federal Drafting Handbook requirements for the addition of paragraph
(c)(1)(i).
    To clarify the scope of paragraph (c)(1) to address questions
received from the public, this final rule adds two new notes to
paragraph (c)(1). New Note 1 to paragraph (c)(1) clarifies the intended
meaning of the terms `third party' and `third parties' as used in the
paragraph (c)(1) authorization. The note specifies that a `third party'
is intended to be a party such as a telecommunication service provider,
and does not include or refer to any of the Huawei listed entities or
exporter, reexporter, or transferor.
    New Note 2 to paragraph (c)(1) clarifies the intended meaning of
the term `fully operational network,' as used in paragraphs (c)(1) and
(3). The new Note 2 specifies that a `fully operational network' means
a `third party' network that is providing services to that `third
party's' customers. Paragraph (c)(2) of the temporary general license
authorizes engagement in transactions necessary to support, including
through software updates and patches, existing models of Huawei
`personal consumer electronic devices,' which is being added in place
of the undefined term `handsets' that appeared in the temporary general
license as published on May 22, 2019. This final rule removes the term
handsets from paragraph (c)(2) and replaces it with the defined term
`personal consumer electronic devices,' which includes phones and other
personally-owned equipment, such as tablets, smart watches, and mobile
hotspots such as MiFi devices.
    This final rule also clarifies, to address questions from the
public, that transactions under paragraph (c)(2) include support for
personal use of the telecommunications hardware known as customer
premises equipment (CPE),

such as network switches, residential internet gateways, set-top boxes,
home networking adapters and other personally-owned equipment that
enable consumers to access network communications services and
distribute them within their residence or small business. Support of
CPE is an additional example of the types of basic consumer or small
business types of applications that were intended to be included within
the scope of paragraph (c)(2). This final rule adds a definition of
`Customer Premises Equipment (CPE)' to paragraph (c)(2). As with the
remainder of paragraph (c)(2), the authorization is limited to models
of CPE that were available to the public on or before May 16, 2019.
    Lastly, this final rule adds clarifying text to paragraph (c)(2) to
specify that software for bug fixes, security vulnerability patches,
and other updates to existing versions of the software necessary to
provide service and support to existing `personal consumer electronic
devices' and CPE are under paragraph (c)(2) of the temporary general
license, provided the software does not enhance the functional
capacities of the original software or equipment. The May 22 rule used
the phrase `software updates and patches.' This final rule replaces
that text with more specific text to improve public understanding for
what software is eligible under paragraph (c)(2). As noted above, this
final rule makes this same type of software clarification to the
introductory text of paragraph (c)(1).
    This final rule removes paragraph (c)(4) (Engagement as necessary
for development of 5G standards by a duly recognized standards body).
BIS has determined that existing provisions of the EAR suffice for
purposes of addressing the application of the Entity List-based license
requirements to activities in connection with standards development
bodies, including 5G standards bodies. BIS has posted a general
advisory opinion in the FAQ section of the BIS website under
``Published Technology and Software (Sec.  734.7),'' at https://www.bis.doc.gov/index.php/documents/compliance-training/export-administration-regulations-training/1554-ear-definitions-faq/file,
relating to standards development activities. As discussed in the
general advisory opinion, the disclosure to any of the Huawei listed
entities of technology or software subject to the EAR would be a
prohibited activity absent a license from BIS. Information, including
technology, that is made available to the public without restrictions
upon its further dissemination would not be subject to the EAR if the
existing criteria of Sec.  734.7 are met.
    BIS has also received questions on the following issues regarding
the treatment of imports and services involving Huawei and its sixty-
eight non-U.S. affiliates on the Entity List:
     Treatment of imports into the United States. The Entity
List does not create a license requirement for imports, including
imports from entities on the Entity List.
     Treatment of services. The Entity List-list based license
requirements apply to the export, reexport, and transfer (in-country)
of items that are subject to the EAR. The Entity List-based license
requirements do not apply to services, provided the service in question
does not involve the export, reexport, or transfer (in-country) of
items that are subject to the EAR. As part of providing a service, a
person must determine whether there will be an export, reexport, or
transfer (in-country) of any commodities, software, or technology
requiring an EAR authorization. In addition, certain services may be
controlled or prohibited under the EAR for other reasons. For example,
a U.S. person is prohibited from engaging in exports, reexports, or
transfers (in-country) related to certain end uses (as specified in
Sec.  744.6) or service an item subject to the EAR with ``knowledge''
of a violation (as specified in Sec. Sec.  764.2(e) and 736.2(b)(10)).

Changes to Certification Statement Under Temporary General License and
Conforming Change to EAR Recordkeeping Requirement

    This final rule revises paragraph (d) (Certification statement) of
the temporary general license by changing which party to the
transaction is required to create the certification statement. This
final rule removes the requirement under paragraph (d) for the
exporter, reexporter, or transferor to create a certification statement
and adds in its place a requirement under paragraph (d) that the
exporter, reexporter, or transferor obtain a certification statement
and any additional support documentation needed to substantiate the
certification statement from the listed Huawei entity that is to
receive the items. The certification statement must be obtained from
the pertinent Huawei entity prior to exporting, reexporting, or
transferring (in-country) any item under the temporary general license.
This final rule also makes other clarifying changes to paragraph (d)
related to the obligations of the parties to the transaction as it
relates to the certification statement.
    This final rule makes changes to paragraph (d) by redesignating
some of the text as introductory text to paragraph (d), deleting
certain text that is no longer needed, and adding new paragraphs (d)(1)
(Certification statement required from Huawei or one of its listed non-
U.S. affiliates) and (d)(2) (Certification statements may be used for
multiple exports, reexports, and transfers (in-country)), as described
further below. Paragraph (d)(1) also adds a recordkeeping requirement
to specify that the exporter, reexporter, or transferor and the
pertinent Huawei entity are each responsible for retaining the
certification statement and any additional support documentation needed
to substantiate the certification statement for purposes of the EAR
recordkeeping requirements under part 762.
    New paragraph (d)(1) describes the general requirements for the
certification statement, e.g., that the certification statement must be
in writing and must be obtained by the exporter, reexporter, or
transferor prior to the export, reexport, or transfer (in-country) that
is being made under the temporary general license. New paragraph (d)(1)
also describes the types of documentation that is needed in order to
confirm whether the criteria of paragraph (c)(1) are met when an
export, reexport, or transfer (in-country) is in support of a `fully
operational network.'
    This final rule adds paragraphs (d)(1)(i)-(v) to specify the
information that must be included in the certification statement.
Paragraph (d)(1)(i) requires identifying the Huawei entity receiving
the items and making the certification statement, and paragraph
(d)(1)(ii) requires identifying the items and quantity thereof (for
tangible shipments of commodities and software) involved. The Huawei
entity must also certify in a single certification statement that:
Under paragraph (d)(1)(iii), the end-use of the items to be received
will be for an end-use within the scope of a specified authorizing
paragraph under paragraph (c) of the temporary general license; under
paragraph (d)(1)(iv), the entity will comply with the recordkeeping
requirements in part 762, including by providing copies of the
certification statements and all other records required under the EAR
to any authorized agent, official, or employee of BIS, the U.S. Customs
Service, or any other agency of the U.S. Government as required in
Sec.  762.7; and under paragraph (d)(1)(v), the individual signing the
certification statement has sufficient authority to legally bind the
entity.

    This final rule also adds a new paragraph (d)(2) (Certification
statements may be used for multiple exports, reexports, and transfers
(in-country)) to clarify that certification statements obtained under
paragraph (d)(1) may be used for multiple exports, reexports, or
transfers (in-country) of the same item(s) under the temporary general
license provided the information included in the certification
statement is still accurate for those additional exports, reexports, or
transfers (in-country). New paragraph (d)(2) specifies that if multiple
exports, reexports, or transfers (in-country) are made against the same
certification statement obtained under paragraph (d)(1), the exporter,
reexporter, or transferor relying on that certification statement must
maintain a log or other similar record that identifies each item and
the quantity thereof for each export reexport, or transfer (in-country)
made against that specific certification statement. Lastly, paragraph
(d)(2) requires the log or other similar record be retained in
accordance with the part 762 recordkeeping requirements.
    As a conforming change, in Sec.  762.2 (Records to be retained),
this final rule revises paragraph (b)(55) to reference the log or other
similar record required by paragraph (d)(2) if multiple exports,
reexports, or transfers (in-country) are made against the same
paragraph (d)(1) certification statement and any additional support
documentation needed to substantiate the certification statement.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA). ECRA, as amended
(50 U.S.C. 4801-4852), provides the legal basis for BIS's principal
authorities and serves as the authority under which BIS issues this
rule. As set forth in section 1768 of ECRA, all delegations, rules,
regulations, orders, determinations, licenses, or other forms of
administrative action that have been made, issued, conducted, or
allowed to become effective under the Export Administration Act of 1979
(50 U.S.C. 4601 et seq.) (as in effect prior to August 13, 2018 and as
continued in effect pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) and Executive Order 13222 of August
17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as amended by Executive
Order 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013), and as
extended by the Notice of August 8, 2018, 83 FR 39871 (August 13,
2018)), or the Export Administration Regulations, and were in effect as
of August 13, 2018, shall continue in effect according to their terms
until modified, superseded, set aside, or revoked under the authority
of ECRA.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
purposes of Executive Order 12866. This rule is not an Executive Order
13771 regulatory action because this rule is not significant under
Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by OMB under control number 0694-0088,
Simplified Network Application Processing System, which includes, among
other things, license applications and carries a burden estimate of
42.5 minutes for a manual or electronic submission. Total burden hours
associated with the PRA and OMB control number 0694-0088 are not
expected to increase as a result of this rule.
    In addition to the one collection referenced above, the Commerce
Department requested, and OMB authorized, emergency modification of a
currently approved information collection 0694-0122, Miscellaneous
Licensing Responsibilities and Enforcement, involved in today's rule,
consistent with 5 CFR 1320.13. The modification of this additional
information collection is needed because this final rule will impose
requirements on exporters, reexporters, and transfers to obtain a
certification statement from Huawei and its non-U.S. affiliates on the
Entity List prior to receiving items under a temporary general license
under the EAR.
    The total estimated annual burden hours for this collection will
increase from 96,618 hours to 97,405 hours (an increase of 787 hours)
due to the changes included in this final rule.
    This emergency collection is needed in order for today's rule to
establish a requirement for exporters, reexporters, or transferors to
obtain a certification statement from Huawei and its non-U.S.
affiliates on the Entity List prior to making exports, reexports, or
transfers (in-country) to these listed entities. This action is needed
immediately to protect national security and foreign policy interests
of the United States to help better ensure that exports, reexports, and
transfers (in-country) being made under the temporary general license
will be done in accordance with the requirements of the temporary
general license.
    If this emergency collection were delayed to allow for public
comment before becoming effective, U.S. national security and foreign
policy interests may be undermined if exports, reexports, or transfers
(in-country) are made under the temporary general license that should
not have been. The certification requirement included in this final
rule is added to ensure appropriate written communication is occurring
between Huawei and its non-U.S. affiliates on the Entity List with
exporters, reexporters, and transfers prior to items being exported,
reexported, or transferred (in-country) under the temporary general
license. BIS intends to publish a notice in the Federal Register
informing the public that DOC submitted a request for an emergency
collection and the request was approved by OMB.
    The Department has determined the following conditions have been
met:
    a. The collection of information is needed prior to the expiration
of time established under the PRA for normal clearance procedures.
    b. The collection of information between these parties to exports,
reexports, and transfers (in-country) made under the temporary general
license is essential to the mission of the Department, in particular to
ensure the proper use of a temporary general license under the EAR.
    c. The use of normal clearance procedures is reasonably likely to
prevent or disrupt the collection of information. Compliance with
normal clearance procedures would prevent the collection of information
between the parties and may increase the likelihood of exports,
reexporters, or transfers (in-country) that would otherwise fall

outside the scope of the temporary general license.
    You may send comments regarding the collection of information
associated with this rule, including suggestions for reducing the
burden, to Jasmeet K. Seehra, Office of Management and Budget (OMB), by
email to<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. Pursuant to section 1762 of ECRA, this action is exempt from the
Administrative Procedure Act (5 U.S.C. 553) requirements for notice of
proposed rulemaking, opportunity for public participation, and delay in
effective date.
    5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.

List of Subjects

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

15 CFR Part 762

    Administrative practice and procedure, Business and industry,
Confidential business information, Exports, Reporting and recordkeeping
requirements.

    Accordingly, parts 744 and 762 of the Export Administration
Regulations (15 CFR parts 730 through 774) are amended as follows:

PART 744--[AMENDED]

0
1. The authority citation for 15 CFR part 744 is revised to read as
follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947,
60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp.,
p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O.
13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of August 8,
2018, 83 FR 39871 (August 13, 2018); Notice of September 19, 2018,
83 FR 47799 (September 20, 2018); Notice of November 8, 2018, 83 FR
56253 (November 9, 2018); Notice of January 16, 2019, 84 FR 127
(January 18, 2019).

Supplement No. 7 to Part 744--[AMENDED]

0
2. Supplement No. 7 to part 744 is amended by revising the introductory
text of the supplement and paragraphs (a), (b)(1), (c), and (d) to read
as follows:

Supplement No. 7 to Part 744--Temporary General License

    Notwithstanding the requirements and other provisions of Supplement
No. 4 to this part, which became effective on May 16, 2019, as to
Huawei Technologies Co., Ltd. (Huawei), Shenzhen, Guangdong, China, and
its non-U.S. affiliates (listed in this supplement and Supplement No. 4
to this part), the licensing and other requirements in the EAR as of
May 15, 2019, are restored in part as of May 20, 2019, and through
November 18, 2019, pertaining to exports, reexports, and transfers (in-
country) of items subject to the EAR to any of the listed Huawei
entities. The licensing and other policies of the EAR that were in
effect as of May 15, 2019, are available to export, reexport, or
transfer (in-country) such items to the listed Huawei entities if the
transaction meets the conditions of paragraph (b) of this supplement,
is limited in scope to one or more of the activities described in
paragraphs (c)(1) through (3) of this supplement, and if the
transaction parties satisfy the requirements of paragraph (d)(1) of
this supplement and, if applicable, paragraph (d)(2) of this
supplement. Thus, for example, the authority of NLR or a License
Exception that was available as of May 15, 2019, may be used in
connection with a transaction as per this temporary general license.
    (a) Identification of non-U.S. affiliates. The non-U.S. affiliates
to whom the licensing and other requirements of the EAR are restored as
described herein are those Huawei entities and affiliates added to the
Entity List through the Federal Register documents listed in paragraphs
(a)(1) and (2) of this supplement:
    (1) Addition of Entities to the Entity List, published on 5/21/19.
    (2) Non-U.S. affiliates of Huawei added to the Entity List on
August 19, 2019.
    (b) * * *
    (1) This temporary general license is effective from May 20, 2019,
through November 18, 2019.
* * * * *
    (c) Authorized transactions. This temporary general license allows,
from May 20, 2019, through November 18, 2019, the following:
    (1) Continued operation of existing networks and equipment. BIS
authorizes, subject to other provisions of the EAR, engagement in
transactions necessary to maintain and support existing and currently
`fully operational network' and equipment, including software for bug
fixes, security vulnerability patches, and other changes to existing
versions of the software, subject to legally binding contracts and
agreements executed between Huawei, or one of its listed non-U.S.
affiliates, and `third parties' on or before May 16, 2019. Such
transactions may not enhance the functional capacities of the original
software or equipment.
    (i) Exclusions. (A) The authorization under paragraph (c)(1) of
this supplement extends only to activities such as patching networks
and network infrastructure equipment, not end-devices such as general-
purpose computing devices that would not be considered to be part of an
existing and `fully operational network.' Paragraph (c)(1) of this
supplement does not authorize support for equipment that is not
directly related to the support and maintenance of the network.
    (B) The provision of the temporary general license under paragraph
(c)(1) of this supplement does not authorize transfers of equipment for
general business purposes or for activities that are not in direct
support of an existing and `fully operational network' (e.g.,
semiconductor production equipment).
    (ii) [Reserved]

    Note 1 to paragraph (c)(1): The term `third parties' in
paragraph (c)(1) of this supplement and the term `third party' in
Notes 2 and 3 to paragraph (c)(1) refer to a party that is not
Huawei, one of its listed non-U.S. affiliates, or the exporter,
reexporter, or transferor, but rather an organization such as a
telecommunications service provider.

    Note 2 to paragraph (c)(1):  The term `fully operational
network' in paragraph (c)(1) of this supplement, as well as in
paragraph (c)(3) of the supplement, refers to a `third party'
network providing services to the `third party's' customers.

    (2) Support to existing `personal consumer electronic devices' and
`Customer Premises Equipment (CPE)'. BIS authorizes, subject to other
provisions of the EAR, engagement in transactions necessary to provide
service and support, including software for bug fixes, security
vulnerability patches, and other changes to existing versions of the
software, to existing Huawei `personal consumer electronic devices.'
Such transactions may not enhance the functional capacities of the
original software or equipment. For the purposes of this paragraph
(c)(2), the

term `personal consumer electronic devices' is defined as including
phones and other personally-owned equipment, such as a tablets, smart
watches, and mobile hotspots such as MiFi devices. The authorized
transactions under this paragraph (c)(2) include support for personal
use of telecommunications hardware known as `Customer Premises
Equipment (CPE),' such as network switches, residential internet
gateways, set-top boxes, home networking adapters and other personally-
owned equipment that enables consumers to access network communications
services and distribute them within their residence or small business.
The authorization conferred by this paragraph (c)(2) is limited to
models of Huawei `personal consumer electronic devices' and `CPE' that
were available to the public on or before May 16, 2019.
    (3) Cybersecurity research and vulnerability disclosure. BIS
authorizes, subject to other provisions of the EAR, the disclosure to
Huawei and/or to its listed non-U.S. affiliates of information
regarding security vulnerabilities in items owned, possessed, or
controlled by Huawei or any of its non-U.S. affiliates when related to
the process of providing ongoing security research critical to
maintaining the integrity and reliability of existing and currently
`fully operational network' and equipment.
    (d) Certification statement. Prior to making an export, reexport,
or transfer (in-country) pursuant to the temporary general license, the
exporter, reexporter, or transferor must obtain a certification
statement and any additional support documentation needed to
substantiate the certification statement from the listed Huawei entity
that will receive the item(s), as specified in paragraph (d)(1) of this
supplement.
    (1) Certification statement required from Huawei or one of its
listed non-U.S. affiliates. Prior to any export, reexport, or transfer
(in-country) under the temporary general license to Huawei or any of
its listed non-U.S. affiliates identified in paragraph (a) of this
supplement, the exporter, reexporter, or transferor must obtain a
certification statement from the entity that will receive the item(s).
The temporary general license also requires the party exporting,
reexporting, or transferring (in-country) an item ``subject to the
EAR'' to obtain, from the listed Huawei entity receiving the item, a
certification statement under paragraph (d) of this supplement
specifying how the export, reexport, or in-country transfer satisfies
the provisions of the temporary general license, including specifying
whether the activity or activities that will be supported by the
transaction fall within paragraph (c)(1), (2), or (3) of this
supplement. In order to substantiate the certification statement for
transactions that fall within paragraph (c)(1), the exporter,
reexporter, or transferor must obtain documentation from Huawei or one
of its listed non-U.S. affiliates showing that there was a legally
binding contract or agreement executed between the listed Huawei entity
and a `third party' on or before May 16, 2019. The exporter,
reexporter, or transferor and the listed Huawei entity are each
responsible for retaining the certification statement and any
additional support documentation needed to substantiate the
certification statement under paragraph (d). See part 762 of the EAR
for record retention requirements. The certification statement must be
in writing (which may be conveyed by email), be signed and dated by an
individual of sufficient authority to legally bind the listed entity,
and shall provide the information required in paragraphs (d)(1)(i) and
(ii) of this supplement and the certifications specified in paragraphs
(d)(1)(iii) through (v) of this supplement.
    (i) Name of the entity; complete physical address, to include
shipping, corporate, and end user addresses, if different (simply
listing a post office box is insufficient); telephone number; email
address; website (if available); and name and title of individual
signing the certification statement;
    (ii) A complete list of the item(s), including the applicable
Export Control Classification Number(s) or designation (if EAR99) for
the item(s) under the EAR, and (for tangible shipments of commodities
and software) the quantity or quantities of the item(s) that will be
exported, reexported, or transferred under the authority of the
temporary general license (this inclusive list may cover multiple
exports, reexports, or transfers (in-country) under the temporary
general license of the same item(s); see paragraph (d)(2) of this
supplement);
    (iii) The end-use of the item(s) to be received as an export,
reexport, or transfer (in-country) falls within the scope of a
specified authorizing paragraph under paragraph (c) of this supplement
(a general statement or declaration that the item falls within the
scope of paragraph (c) or the scope of the temporary general license
will not be sufficient, as the specific authorizing paragraph under
paragraph (c) must be identified);
    (iv) The entity will comply with the recordkeeping requirements in
part 762 of the EAR, including by providing copies of the certification
statement and all other export, reexport, or transfer (in-country)
records required to be retained in part 762 to any authorized agent,
official, or employee of BIS, the U.S. Customs Service, or any other
agency of the U.S. Government as required in Sec.  762.7 of the EAR;
and
    (v) The individual signing the certification statement, on behalf
of the consignee identified in paragraph (a) of this supplement, has
sufficient authority to legally bind the entity.
    (2) Certification statements may be used for multiple exports,
reexports, and transfers (in-country). Exporters, reexporters, and
transferors may rely on the certification statements obtained under
paragraph (d)(1) of this supplement for multiple exports, reexports,
and transfers (in-country) involving the same item(s) to the same
consignee/end-user, provided the information included remains accurate
for those additional exports, reexports, and transfers (in-country). If
one certification statement is used for multiple exports, reexports, or
transfers (in-country) made pursuant to the temporary general license,
the exporter, reexporter, and transferor must maintain a log or other
similar record that identifies each such export, reexport, and transfer
(in-country) against that specific certification statement. The log or
other similar record must be retained in accordance with part 762 of
the EAR.

PART 762--[AMENDED]

0
3. The authority citation for part 762 is revised to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 8, 2018, 83 FR 39871 (August 13, 2018).

0
4. Section 762.2 is amended by revising paragraph (b)(55) to read as
follows:

Sec.  762.2  Records to be retained.

* * * * *
    (b) * * *
    (55) Supplement No. 7 to part 744, Temporary General License
Certification Statements and logs or other records required, including
any additional support documentation needed to substantiate the
certification statement, under paragraph (d) of Supplement 7 to part
744 of this chapter.
* * * * *

    Dated: August 15, 2019.
Nazak Nikakhtar,
Assistant Secretary of Industry and Analysis, International Trade
Administration, Performing the Non-Exclusive Duties of the Under
Secretary of Industry and Security.
[FR Doc. 2019-17920 Filed 8-19-19; 8:45 am]
 BILLING CODE 3510-33-P


[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Rules and Regulations]
[Pages 61506-61508]
[FR Doc No: 2022-22093]

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

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0819]
RIN 1625-AA00

Safety Zone; Atchafalaya River--Berwick Bay, Morgan City, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone of
100-meters from the western side of the channel in the Atchafalaya
River through Berwick Bay between mile marker (MM) 119 and MM 121. This
temporary safety zone is needed to protect personnel, vessels, and the
marine environment from potential hazards created by the recreational
paddling race, Tour Du Teche 135. Entry of vessels into this zone is
prohibited unless specifically authorized the Captain of the Port Houma
or a designated Patrol Commander.

DATES: This rule is effective from 10 a.m. through 5 p.m. on October 9,
2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2022-0819 in the search box and click ``search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this
action, call or email Lieutenant Jenelle Pich[eacute], MSU Morgan City,
LA, U.S. Coast Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Houma

DHS Department of Homeland Security
FR Federal Register
MSU Marine Safety Unit
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it is impracticable and
contrary to the public interest. It is impracticable to publish an NPRM
because we must establish this safety zone by October 9, 2022 and lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule is contrary to public interest because it would delay the
safety measures necessary to respond to potential hazards associated
with the Tour Du Teche 135 paddle race. Immediate action is needed to
protect vessels, event participants, and mariners from the safety
hazards associated with the race.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Houma (COTP)
has determined that potential hazards associated with the Tour Du Teche
135 paddle race will be a safety concern to vessels and persons. This
rule is needed to protect the public, mariners, event participants, and
vessels from the potential hazards associated with the Tour Du Teche
135 paddle race.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone from 10
a.m. through 5 p.m. on October 9, 2022. The temporary safety zone
encompasses the Berwick Bay lock and dam (in the proximity of MM 119)
and extends 100-meters from the western shore outwards of the
Atchafalaya River through Berwick Bay, ending at the Southwest ``Red''
Reef Lighthouse, near the I-90 Bridge (in the proximity of MM 121).
This temporary safety zone will not interfere with navigable waterway.
No person or vessel will be permitted to enter or transit within the
safety zone, unless specifically authorized by the COTP or a designated
Patrol Commander. Public notifications will be made to the local
maritime community through Broadcast Notice to Mariners (BNM). Mariners
and other members of the public may contact the Waterways Management
Division at MSU Morgan City, to inquire about the safety zone by
telephone at<PHONE_NUMBER>.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget. This
regulatory determination is based on the size, location, and duration,
of the safety zone.
    This temporary safety zone will not restrict navigation on the
Atchafalaya River thought Berwick Bay. Moreover, the Coast Guard will
issue a Local Notice to Mariners (LNM) about the zone, and the rule
will allow vessels to seek permission to enter the zone.

B. Impact Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule will affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1., associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone that will not prohibit mariners and the public to transit
through the navigational channel in the Atchafalaya River through
Berwick Bay. It is categorically excluded from further review under
paragraph L60 (a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A Record of Environmental Consideration (REC)
supporting this determination is available in the docket where
indicated under the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T08-0819 to read as follows:

Sec.  165.T08-0819  Safety Zone; Atchafalaya River--Berwick Bay, Morgan
City, LA.

    (a) Location. The following area is a safety zone: 100-meters from
the shore from the opening of Berwick Bay Lock approximately near MM
119 along the western side of the channel in the Atchafalaya River
through Berwick Bay to MM 121. This safety zone does not include the
navigational channel.
    (b) Definitions. As used in this section, Patrol Commander means a
Coast Guard coxswain, petty officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local officer designated by or
assisting the Captain of the Port Houma (COTP) in the enforcement of
the regulations in this section.
    (c) Enforcement period. This section will be enforced from 10 a.m.
until 5 p.m. on October 9, 2022.
    (d) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or a Patrol
Commander.
    (2) Entry into this zone is prohibited unless authorized by the
COTP or a Patrol Commander
    (3) Persons or vessels seeking to enter into or transit through the
zone must request permission from the COTP or a Patrol Commander. They
may be contacted on VHF-FM channels 15 and 16 or by telephone at (985)
855-0724.
    (4) If permission is granted, all persons and vessels must comply
with the instructions of the COTP or a Patrol Commander.
    (e) Informational broadcasts. The COTP or a Patrol Commander will
inform the public through broadcast notices to mariners of the
enforcement period for the safety zone as appropriate.

    Dated: October 3, 2022.
L.T. O'Brien,
Captain, U.S. Coast Guard, Captain of the Port Houma.
[FR Doc. 2022-22093 Filed 10-7-22; 2:00 pm]
BILLING CODE 9110-04-P


[Federal Register: January 22, 2010 (Volume 75, Number 14)]
[Notices]
[Page 3723]
[DOCID:fr22ja10-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AC10-42-000]

Longhorn Partners Pipeline L.P.; Notice of Filing

January 14, 2010.
    Take notice that on January 6, 2010, Longhorn Partners Pipeline
L.P. submitted a request for the waiver of the requirement to file the
third quarter 2009 FERC Form No. 6-Q from July 1, 2009 through July 29,
2009.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 or 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: February 3, 2010.

Kimberly Bose,
Secretary.
[FR Doc. 2010-1192 Filed 1-21-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 220 (Thursday, November 14, 2019)]
[Notices]
[Pages 61966-61969]
[FR Doc No: 2019-24490]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2019-0120]

Hemphill Brothers Leasing Company; Grant of Petition for
Temporary Exemption From Shoulder Belt Requirement for Side-Facing
Seats on Motorcoaches

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

ACTION: Notice of grant of a petition for temporary exemption.

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SUMMARY: In accordance with the procedures in our regulations, NHTSA is
granting a petition from Hemphill Brothers Leasing Company, LLC
(Hemphill), for a temporary exemption from a shoulder belt requirement
of Federal Motor Vehicle Safety Standard (FMVSS) No. 208, ``Occupant
crash protection,'' for side-facing seats on motorcoaches. The grant
permits Hemphill to install Type 1 seat belts (lap belt only) at side-
facing seating positions, instead of Type 2 seat belts (lap and
shoulder belts). After reviewing the petition and the comments
received, the agency has determined that the requested exemption is
warranted to enable the petitioner to sell a vehicle whose overall
level of safety or impact protection is at least equal to that of a
nonexempted vehicle.

DATES: This exemption applies to the petitioner's motorcoaches produced
from November 14, 2019 until November 15, 2021.

FOR FURTHER INFORMATION CONTACT: Deirdre R. Fujita, Office of the Chief
Counsel, NCC-200, National Highway Traffic Safety Administration, 1200
New Jersey Avenue SE, West Building, Washington, DC 20590. Telephone:
(202) 366-2992; Fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

a. Statutory Authority for Temporary Exemptions

    The National Traffic and Motor Vehicle Safety Act (Safety Act),
codified as 49 U.S.C. chapter 301, provides the Secretary of
Transportation authority to exempt, on a temporary basis, under

specified circumstances, and on terms the Secretary deems appropriate,
motor vehicles from a motor vehicle safety standard or bumper standard.
This authority and circumstances are set forth in 49 U.S.C. 30113. The
authority for implementing this section has been delegated to NHTSA by
49 CFR 1.95.
    NHTSA established 49 CFR part 555, Temporary Exemption from Motor
Vehicle Safety and Bumper Standards, to implement the statutory
provisions concerning temporary exemptions. Under part 555, subpart A,
a vehicle manufacturer seeking an exemption must submit a petition for
exemption containing specified information. Among other things, the
petition must set forth (a) the reasons why granting the exemption
would be in the public interest and consistent with the objectives of
the Safety Act, and (b) required information showing that the
manufacturer satisfies one of four bases for an exemption.\1\ Hemphill
has applied on the basis that the applicant is otherwise unable to sell
a motor vehicle with an overall safety level at least equal to that of
nonexempt vehicles (see 49 CFR 555.6(d)). A manufacturer is eligible
for an exemption under this basis only if NHTSA determines the
exemption is for not more than 2,500 vehicles to be sold in the U.S. in
any 12-month period. An exemption under this basis may be granted for
not more than 2 years but may be renewed upon reapplication.\2\
---------------------------------------------------------------------------

    \1\ 49 CFR 555.5(b)(5) and 555.5(b)(7).
    \2\ 49 CFR 555.8(b) and (e).
---------------------------------------------------------------------------

b. FMVSS No. 208

    On November 25, 2013, NHTSA published a final rule amending FMVSS
No. 208 to require seat belts for each passenger seating position in
all new over-the-road buses (OTRBs) (regardless of gross vehicle weight
rating (GVWR)), and all other buses with GVWRs greater than 11,793
kilograms (kg) (26,000 pounds (lb)) (with certain exclusions).\3\
---------------------------------------------------------------------------

    \3\ 78 FR 70416 (November 25, 2013); response to petitions for
reconsideration, 81 FR 19902 (April 6, 2016). The final rule became
effective November 28, 2016 for buses manufactured in a single
stage, and a year later for buses manufactured in more than one
stage.
---------------------------------------------------------------------------

    In the notice of proposed rulemaking (NPRM) preceding the final
rule (75 FR 50958, August 18, 2010) NHTSA proposed to permit
manufacturers the option of installing either a Type 1 (lap belt) or a
Type 2 (lap and shoulder belt) on side-facing seats.\4\ The proposed
option was consistent with a provision in FMVSS No. 208 that allows lap
belts for side-facing seats on buses with a GVWR of 4,536 kg (10,000
lb) or less. NHTSA proposed the option because the agency was unaware
of any demonstrable increase in associated risk of lap belts compared
to lap and shoulder belts on side-facing seats. NHTSA believed that \5\
``a study commissioned by the European Commission regarding side-facing
seats on minibuses and motorcoaches found that due to different seat
belt designs, crash modes and a lack of real world data, it cannot be
determined whether a lap belt or a lap/shoulder belt would be the most
effective.'' \6\
---------------------------------------------------------------------------

    \4\ 75 FR at 50971.
    \5\ 75 FR at 50971-50972.
    \6\ http://ec.europa.eu/enterprise/automotive/projects/safety_consid_long_stg.pdf.
---------------------------------------------------------------------------

    However, after the NPRM was published, the Motorcoach Enhanced
Safety Act of 2012 was enacted as part of the Moving Ahead for Progress
in the 21st Century Act (MAP-21), Public Law 112-141 (July 6, 2012).
Section 32703(a) of MAP-21 directed the Secretary of Transportation
(authority delegated to NHTSA) to ``prescribe regulations requiring
safety belts to be installed in motorcoaches at each designated seating
position.'' \7\ As MAP-21 defined ``safety belt'' to mean an integrated
lap and shoulder belt, the final rule amended FMVSS No. 208 to require
lap and shoulder belts at all designated seating positions, including
side-facing seats, on OTRBs.\8\
---------------------------------------------------------------------------

    \7\ MAP-21 states at Sec.  32702(6) that ``the term `motorcoach'
has the meaning given the term `over-the-road bus' in section
3038(a)(3) of the Transportation Equity Act for the 21st Century (49
U.S.C. 5310 note), but does not include a bus used in public
transportation provided by, or on behalf of, a public transportation
agency; or a school bus, including a multifunction school activity
bus.'' Section 3038(a)(3) (49 U.S.C. 5310 note) states: ``The term
`over-the-road bus' means a bus characterized by an elevated
passenger deck located over a baggage compartment.''
    \8\ For side-facing seats on buses other than OTRBs, in the
final rule NHTSA permitted either lap or lap/shoulder belts at the
manufacturer's option.
---------------------------------------------------------------------------

    Even as it did so, however, the agency reiterated its view that
``the addition of a shoulder belt at [side-facing seats on light
vehicles] is of limited value, given the paucity of data related to
side facing seats.'' \9\ NHTSA also reiterated that there have been
concerns expressed in literature in this area about shoulder belts on
side-facing seats, noting in the final rule that, although the agency
has no direct evidence that shoulder belts may cause serious neck
injuries when applied to side-facing seats, there are simulation data
indicative of potential carotid artery injury when the neck is loaded
by the shoulder belt.\10\ The agency also noted that Australian Design
Rule ADR 5/04, ``Anchorages for Seatbelts'' specifically prohibits
shoulder belts for side-facing seats.
---------------------------------------------------------------------------

    \9\ 78 FR at 70448, quoting from the agency's Anton's Law final
rule which required lap/shoulder belts in forward-facing rear
seating positions of light vehicles, 59 FR 70907.
    \10\ Editors: Fildes, B., Digges, K., ``Occupant Protection in
Far Side Crashes,'' Monash University Accident Research Center,
Report No. 294, April 2010, pg. 57.
---------------------------------------------------------------------------

    Given that background, and believing there would be few side-facing
seats on OTRBs, NHTSA stated in the November 2013 final rule that the
manufacturers at issue may petition NHTSA for a temporary exemption
under 49 CFR part 555 to install lap belts instead of lap and shoulder
belts at side-facing seats.\11\ The basis for the petition would be
that the applicant is unable to sell a bus whose overall level of
safety is at least equal to that of a non-exempted vehicle. In other
words, for side-facing seats, lap belts provide at least an equivalent
level of safety as lap and shoulder belts.
---------------------------------------------------------------------------

    \11\ 78 FR at 70448.
---------------------------------------------------------------------------

c. Overview of Petition

    In accordance with 49 U.S.C. 30113 and the procedures in 49 CFR
part 555, Hemphill submitted a petition dated April 5, 2018, asking
NHTSA for a temporary exemption from the shoulder belt requirement of
FMVSS No. 208 for side-facing seats on its OTRBs under 49 CFR 555.6(d).
A copy of the petition may be found in the docket (go to http://www.regulations.gov and enter Docket No. NHTSA-2019-0019).
    Hemphill describes itself as a second-stage manufacturer \12\
organized under the laws of Tennessee. The petitioner states that it
typically receives a bus shell \13\ from an ``original manufacturer''
and ``customizes the Over-the-Road Bus (`OTRB') to meet the needs of
entertainers, politicians, musicians, celebrities and other specialized
customers who use motorcoaches as a necessity for their businesses.''
Hemphill states that it ``builds out the complete interior'' of the bus
shell, including--
---------------------------------------------------------------------------

    \12\ While ``second-stage manufacturer'' is not defined in
NHTSA's regulations, Hemphill is referring to a ``final-stage
manufacturer,'' which is defined in NHTSA's certification regulation
(49 CFR part 567) as ``a person who performs such manufacturing
operations on an incomplete vehicle that it becomes a completed
vehicle'' (49 CFR 567.3). Hemphill states that it also operates the
vehicles as a for-hire motor carrier of passengers, ``leas[ing] the
vehicle with driver to a customer on an exclusive basis for a
designated period of time.''
    \13\ The petition states in its petition (p. 2) that the bus
shell ``generally contains the following components: Exterior frame;
driver's seat; dash cluster, speedometer, emissions light and
emissions diagnosis connector; exterior lighting, headlights, marker
lights, turn signals lights, and brake lights; exterior glass,
windshield and side lights with emergency exits; windshield wiper
system; braking system; tires, tire pressure monitoring system and
suspension; and engine and transmission.''

roof escape hatch; fire suppression systems (interior living space,
rear tires, electrical

panels, bay storage compartments, and generator); ceiling, side
walls and flooring; seating; electrical system, generator, invertor
and house batteries; interior lighting; interior entertainment
equipment; heating, ventilation and cooling system; galley with
potable water, cooking equipment, refrigerators, and storage
---------------------------------------------------------------------------
cabinets; bathroom and showers; and sleeping positions.

    The petitioner states that ``fewer than 100 entertainer-type
motorcoaches with side-facing seats are manufactured and enter the U.S.
market each year.''
    In support of its assertion that the exempted vehicles would
provide an overall level of safety or impact protection at least equal
to that of nonexempt vehicles, Hemphill reiterates NHTSA's statements
in the November 2013 final rule. The petitioner states that NHTSA has
not conducted testing on the impact or injuries to passengers in side-
facing seats in motorcoaches, so ``there is no available credible data
that supports requiring a Type 2 belt at the side-facing seating
positions.'' Hemphill states that if it complies with the final rule as
published, it would be ``forced to offer'' customers--

a motorcoach with a safety feature that could make the occupants
less safe, or certainly at least no more safe, than if the feature
was not installed. The current requirement in FMVSS 208 for Type 2
belts at side-facing seating positions in OTRBs makes the applicants
unable to sell a motor vehicle whose overall level of safety is
equivalent to or exceeds the level of safety of a non-exempted
vehicle.

    In support of its assertion that the exemption would be consistent
with the public interest, Hemphill states ``NHTSA's analysis in
developing this rule found that such belts presented no demonstrable
increase in associated risk.'' The petitioner also states that the
final rule requiring Type 2 belts at side-facing seats ``was not the
result of any change in NHTSA policy or analysis, but rather resulted
from an overly broad mandate by Congress for `safety belts to be
installed in motorcoaches at each designated seating position.' '' It
states that, based on the existing studies noted in the rulemaking,
Type 1 belts at side-facing seats may provide equivalent or even
superior occupant protection than Type 2 belts.
    The petitioner believes that an option for Type 1 belts at side-
facing seats is consistent with the objectives of the Safety Act
because it allows the manufacturer to determine the best approach to
motor vehicle safety depending on the intended use of the vehicle and
its overall design. Additionally, Hemphill states the option meets the
need for motor vehicle safety because data indicate no demonstrable
difference in risk between the two types of belts when installed in
side-facing seats. Finally, the petitioner notes that the option would
provide an objective standard that is easy for manufacturers to
understand and meet.
Notice of Receipt
    On March 28, 2019, NHTSA published a notice of receipt of
Hemphill's petition for temporary exemption and requested comment on
the petition.\14\ The agency received 8 comments on the petition, all
of which supported the request. NHTSA received no comments opposing the
petition.
---------------------------------------------------------------------------

    \14\ 84 FR 11735, Docket No. NHTSA-2019-0019.
---------------------------------------------------------------------------

    Several commenters, all similarly-positioned final-stage
manufacturers of entertainer-type motorcoaches, submitted identical
comments supporting Hemphill's petition.\15\ These commenters state
that their entertainer motorcoaches are custom built and typically
include side-facing, perimeter seating. They state that fewer than 100
entertainer motorcoaches are manufactured each year. They believe that
there is no available data supporting requiring a Type 2 belt at side-
facing seats and are concerned that serious injury to passengers could
result if they installed the shoulder belts at those seats. Another
entertainer motorcoach manufacturer \16\ stated that there are no
statistics or test models showing that a shoulder belt provides a
benefit on side-facing seats.
---------------------------------------------------------------------------

    \15\ D&S Classic Coach, Pioneer Coach, Roberts Brothers Coach
Co., Russell Coach, and Nitetrain Coach Co. These commenters were
among the ``other petitioners'' listed in the attachment to the
Hemphill petition NHTSA discussed in the notice of receipt of
Hemphill's petition (84 FR at 11738). Hemphill's petition originally
sought to cover 39 ``other petitioners'' listed in an attachment to
the petition. NHTSA noted that the Safety Act and NHTSA's procedures
did not clearly allow the bundling of petitions for the type of
exemption Hemphill sought. Subsequently, the other manufacturers,
including these commenters, submitted individual petitions for
temporary exemptions. NHTSA will address those petitions separately
from this document.
    \16\ Superior Coach Interiors, which is also among the ``other
petitioners'' attached to the Hemphill petition.
---------------------------------------------------------------------------

    The American Bus Association (ABA), a trade association for
operators who transport the public, and the National Interstate
Insurance Company, an insurance provider to the commercial passenger
transportation industry, strongly supported Hemphill's petition.\17\
These commenters also affirm that fewer than 100 entertainer
motorcoaches are manufactured each year. They expressed concern that
serious injury to passengers could result from operators and
manufacturers complying with the FMVSS No. 208 rule to install the
shoulder belts and believe there is no data that supports requiring a
Type 2 seat belt at side-facing seats.
---------------------------------------------------------------------------

    \17\ National Interstate describes itself as currently insuring
a significant share of the enetertainment motorcoach industry marke
and states that it has consistently insured motorcoaches for 30
years.
---------------------------------------------------------------------------

Agency Analysis and Decision
    After reviewing Hemphill's petition for temporary exemption and the
comments received on it, the agency is granting the petition. Granting
the petition will enable the petitioner to sell a vehicle whose overall
level of safety or impact protection is at least equal to that of a
nonexempted vehicle.
    In the rulemaking implementing MAP-21's mandate for seat belts on
motorcoaches, NHTSA's proposal in the NPRM was to allow manufacturers
an option of installing Type 1 (lap belt) or Type 2 (lap and shoulder
belt) on side-facing seats. The proposed option was consistent with a
provision in FMVSS No. 208 that allows lap belts for side-facing seats
on buses with a GVWR of 4,536 kg (10,000 lb) or less. NHTSA proposed
the option because the agency was unaware of any demonstrable increase
in associated risk of lap belts compared to lap and shoulder belts on
side-facing seats. That is, the agency believed that lap belts were not
less protective than lap and shoulder belts on side-facing seats.
    Commenters and the petitioner raise safety concerns about the
shoulder belt portion of a lap and shoulder belt on side-facing seats.
The commenters and the petitioner do not provide information supporting
their beliefs about the potential for ``serious injury'' beyond
reciting what NHTSA said on the matter in the November 2013 final rule.
Accordingly, NHTSA believes that the potential safety risk at issue is
theoretical at this point; as explained in the November 2013 final
rule, the agency cannot affirmatively conclude, based on available
information, that shoulder belts on side-facing seats are associated
with a demonstrated risk of serious neck injuries in frontal crashes.
However, at the same time, NHTSA believes a shoulder belt is of limited
value on side-facing seats for the reasons explained in the final rule.
Given the uncertainties about shoulder belts on side-facing seats, the
few side-facing seats there are on buses subject to the November 2013
final rule, and that FMVSS No. 208 does not require shoulder belts on
side-facing seats on any other vehicle type, NHTSA is granting
Hemphill's petition for temporary exemption. The grant will permit
Hemphill to install Type 1 seat belts (lap belt only) at side-facing
seating positions, instead of Type 2 seat

belts (lap and shoulder belts) at those positions, on the OTRBs it
manufactures. This exemption does not apply to forward-facing
designated seating positions on the petitioner's vehicles. Under FMVSS
No. 208, the forward-facing seating positions must have Type 2 lap and
shoulder belts.\18\
---------------------------------------------------------------------------

    \18\ On October 2, 2019, the National Transportation Safety
Board (NTSB) issued Recommendation H-19-14 in connection with the
NTSB's investigation of an October 6, 2018 Schoharie, New York
limousine crash. H-19-14 recommends that NHTSA ``[r]equire lap/
shoulder belts for each passenger seating position on all new
vehicles modified to be used as limousines.'' The limousine in the
Schoharie crash had between 18 and 22 seating positions and a GVWR
of 13,080 lb. Under FMVSS No. 208, vehicles with 11 or more seating
positions and a GVWR between 10,000 lb and 26,000 lb are not
required to have seat belts in passenger seats. The NTSB
recommendation would apply a passenger seat belt requirement to
those vehicles.
---------------------------------------------------------------------------

    NHTSA believes that granting Hemphill's petition is consistent with
the public interest. The exemption will enable the applicant to sell
buses whose overall level of safety is at least equal to that of non-
exempted vehicles. Further, we believe that Hemphill is a small
entity.\19\ Thus, this temporary exemption not only permits the
manufacturer to sell vehicles whose overall level of safety is at least
equal to that of non-exempted vehicles, but provides relief to a small
business by, as the petitioner notes, providing ``an objective standard
that is easy for manufacturers to understand and meet.''
---------------------------------------------------------------------------

    \19\ According to 13 CFR 121.201, the Small Business
Administration's size standards regulations used to define small
business concerns, manufacturers of these buses fall under North
American Industry Classification System (NAICS) No. 336213, Motor
Home Manufacturing, which has a size standard of 1,250 employees or
fewer.
---------------------------------------------------------------------------

    A grant is consistent with the Safety Act. The requested exemption
will not impact general motor vehicle safety because the exempted buses
will provide overall safety at least equal to that of nonexempted
buses. Further, Hemphill produces a small number of affected vehicles
annually. Hemphill did not specify in its petition how many buses it
would manufacture under the exemption but noted that ``fewer than 100
entertainer-type motorcoaches with side-facing seats are manufactured
and enter the U.S. market each year.'' As noted earlier, the ABA and
the National Interstate Insurance Company, as well as the ``other
petitioners'' who have separately filed petitions for temporary
exemption, also affirm that fewer than 100 entertainer-type
motorcoaches are manufactured each year. Thus, NHTSA concludes that
Hemphill will manufacture very few vehicles relative to the 2,500 per
manufacturer limit set forth in the Safety Act and 49 CFR 555.6(d)(4).
Further, as explained below, in accordance with 49 CFR 555.9 and Sec.
30113(h) of the Safety Act, prospective purchasers will also be
notified of the exemption prior to making their purchasing decisions.
The vehicles must have a label notifying prospective purchasers that
the vehicles are exempted from the shoulder belt requirement of FMVSS
No. 208 for the side-facing seats.
Labeling
    Under 49 CFR 555.9(b), a manufacturer of an exempted vehicle must
securely affix to the windshield or side window of each exempted
vehicle a label containing a statement that the vehicle meets all
applicable FMVSSs in effect on the date of manufacture ``except for
Standard Nos. [Listing the standards by number and title for which an
exemption has been granted] exempted pursuant to NHTSA Exemption No.
__.'' This label notifies prospective purchasers about the exemption
and its subject. Under Sec.  555.9(c)(2), this information must also be
included on the vehicle's certification label.\20\
---------------------------------------------------------------------------

    \20\ 49 CFR 555.9(c)(2) refers to Sec.  567.5(c)(7)(iii) as the
regulation setting forth the certification statement final-stage
manufacturers are to use in their certification labels. That
reference to Sec.  567.5(c)(7)(iii) is outdated; it should be to
Sec.  567.5(d)(2)(v)(A). The certification label requirements for
final-stage manufacturers formerly were in Sec.  567(c)(7)(iii) but
the requirements were moved to Sec.  567.5(d)(2)(v)(A) (see, 70 FR
7433; February 14, 2005).
---------------------------------------------------------------------------

    The text of Sec.  555.9 does not expressly indicate how the
required statement on the two labels should read in situations in which
an exemption covers part, but not all, of an FMVSS. In this case, NHTSA
believes that a blanket statement that the vehicle has been exempted
from Standard No. 208, without an indication that the exemption is
limited to the shoulder belt on side-facing seats, could be confusing.
A purchaser might incorrectly believe that the vehicle has been
exempted from all of FMVSS No. 208's requirements. For this reason,
NHTSA believes the two labels should read in relevant part, ``except
for the shoulder belt requirement for side-facing seats (Standard No.
208, Occupant Crash Protection), exempted pursuant to * * *.''
    In accordance with 49 U.S.C. 30113(b)(3)(B)(iv), the applicant is
granted NHTSA Temporary Exemption No. EX 19-01, from the shoulder belt
requirement of 49 CFR 571.208 for side-facing seats on its
motorcoaches. The exemption shall remain effective for the period
designated at the beginning of this document in the DATES section.

    Authority: 49 U.S.C. 30113; delegation of authority at 49 CFR
1.95.

    Issued on: November 5, 2019.
James Clayton Owens,
Acting Administrator.
[FR Doc. 2019-24490 Filed 11-13-19; 8:45 am]
 BILLING CODE 4910-59-P


June 28, 2002 Donald R. Lynam Vice President, Air Conservation Ethyl Corporation 330 South Fourth Street Richmond, VA 23219 4304 Dear Dr. Lynam,

On June 12, 2002, you submitted to Joe Sopata of my staff a request for amendments to the protocol developed by the Chemical Industry Institute of Toxicology ( CIIT) entitled, " Pharmacokinetics of inhaled manganese sulfate in pregnant and lactating CD rats", Protocol 01003. As you know, the MMT Alternative Tier 2 Health Effects Testing Requirements require Agency approval of amendments to a previously approved protocol. This protocol was approved by the Agency on October 26, 2001.

In your request for amendments to this protocol you said CIIT observed a significant number of animals with calculi in the urinary tract but that the incidences of calculi associated lesions were similar for controls and for the manganese exposure groups. You also noted that a CIIT background document stated that the presence of calculi is not manganese treatment related and has been observed by other investigations using the diet specified in the protocol. CIIT requested an amendment to the protocol to allow for replacement animals to be included in the studies to account for animals which had to be removed from the study due to these urinary tract problems. The inclusion of replacement animals would help to maintain adequate group sample sizes. CIIT also requested amendments to the protocol to include additional testing facilities and studies related to evaluation of calculi found in the urinary tract of control and manganese exposed animals. Finally, you requested minor changes in the description of protocol methods to more accurately describe the exposure system used in the protocol.

This letter conveys the Agency's approval of your requested amendments to CIIT Protocol 01003, so long as any replacement animals receive their full scheduled exposures and records are maintained and reported regarding the experimental conditions and history of any original and replacement animals.  2

If you have any questions, please contact Joe Sopata of my staff at ( 202) 564 9034.

Sincerely,

/ s/

Robert E. Larson, Acting Director Transportation and Regional Programs Division cc: Monica Alvarez, ORD/ OSP Tim Backstrom, OGC Kevin Fast, Hunton & Williams


[Federal Register: September 29, 2010 (Volume 75, Number 188)]
[Notices]
[Page 60133-60134]
[DOCID:fr29se10-88]

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

Coast Guard

[USCG-2010-0849]

Detroit Area Maritime Security Committee (AMSC); Vacancies

AGENCY: Coast Guard, DHS.

ACTION: Solicitation for Membership.

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

SUMMARY: This notice requests individuals interested in serving on the
Detroit Area Maritime Security Committee (AMSC) to submit their
applications for membership to the Captain of the Port Sector Detroit.

DATES: Requests for membership should reach the U.S. Coast Guard
Captain of the Port Detroit by November 1, 2010.

ADDRESSES: Applications for membership should be submitted to the
Captain of the Port Detroit at the following address: U.S. Coast Guard
Sector Detroit, 110 Mt. Elliot Ave., Detroit, MI, 48207.

FOR FURTHER INFORMATION CONTACT: For questions about submitting an
application or about the AMSC in general contact: Mr. Paul Raska,
Planning Department, U.S. Coast Guard Sector Detroit, 110 Mount Elliot
Ave., Detroit MI, 48207;<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority

    Section 102 of the Maritime Transportation Security Act (MTSA) of
2002 (Pub. L. 107-295) added section 70112 to title 46 of U.S. Code and
authorized the Secretary of the Department in which the Coast Guard is
operating to establish Area Maritime Security Committees for any port
area of the United States. (See 33 U.S.C. 1226; 46 U.S.C.; 33 CFR 1.05-
1, 6.01; Department of Homeland Security Delegation No. 0170.1). The
MTSA includes a provision exempting these AMS Committees from the
Federal

Advisory Committee Act (FACA), Public Law 92-436, 86 Stat. 470 (5
U.S.C. App.2). The AMSCs shall assist the Captain of the Port in the
development, review, update, and exercising of the AMS Plan for their
area of responsibility. Such matters may include, but are not limited
to: Identifying critical port infrastructure and operations;
Identifying risks (threats, vulnerabilities, and consequences);
Determining mitigation strategies and implementation methods;
Developing strategies to facilitate the recovery of the MTS after a
Transportation Security Incident; Developing and describing the process
to continually evaluate overall port security by considering
consequences and vulnerabilities, how they may change over time, and
what additional mitigation strategies can be applied; and Providing
advice to, and assisting the Captain of the Port in developing and
maintaining the Area Maritime Security Plan.

AMS Committee Membership

    Members of the AMSC should have at least 5 years of experience
related to maritime or port security operations. The Detroit AMSC has
19 members. We are seeking to fill 15 vacancies with this solicitation.
Applicants may be required to pass an appropriate security background
check prior to appointment to the committee.
    Members' terms of office will be for 5 years; however, a member is
eligible to serve an additional term of office. Members will not
receive any salary or other compensation for their service on the AMSC.
In support of the policy of the USCG on gender and ethnic diversity, we
encourage qualified women and members of minority groups to apply.

Request for Applications

    Those seeking membership are not required to submit formal
applications to the local Captain of the Port. However, because we do
have an obligation to ensure that a specific number of members have the
prerequisite maritime security experience, we encourage the submission
of resumes highlighting experience in the maritime and security
industries.

    Dated: September 14, 2010.
E.J. Marohn,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2010-24365 Filed 9-28-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 216 (Friday, November 6, 2020)]
[Notices]
[Pages 71064-71065]
[FR Doc No: 2020-24698]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-9034-000]

Hicks, Bradley H.; Notice of Filing

    Take notice that on October 30, 2020, Bradley H. Hicks, submitted
for filing, application for authority to hold interlocking positions,
pursuant to section 305(b) of the Federal Power Act, 16 U.S.C. 825d(b)
(2020) and Part 45 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure, 18 CFR part 45 (2020),
and Order No. 664.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    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://ferc.gov) using the eLibrary link. Enter the docket number excluding
the last three digits in the docket number field to access the
document. At this time, the Commission has suspended access to the
Commission's Public Reference Room, due to the proclamation declaring a
National Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020. For assistance, contact the
Federal Energy Regulatory Commission at<EMAIL_ADDRESS>or
call toll-free,<PHONE_NUMBER> or TYY,<PHONE_NUMBER>.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the eFiling link at
http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street, NE Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Comment Date: 5:00 p.m. Eastern Time on November 20, 2020.

    Dated: November 2, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-24698 Filed 11-5-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 108 (Thursday, June 4, 2020)]
[Notices]
[Page 34431]
[FR Doc No: 2020-12057]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-1915-000]

Maverick Solar, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

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

    Dated: May 29, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-12057 Filed 6-3-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Notices]
[Page 60430]
[FR Doc No: 2012-24378]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9736-3]

Meeting of the Mobile Sources Technical Review Subcommittee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, notice is hereby given that the Mobile Sources Technical Review
Subcommittee (MSTRS) will meet on December 13, 2012. The MSTRS is a
subcommittee under the Clean Air Act Advisory Committee. This is an
open meeting. The meeting will include discussion of current topics and
presentations about activities being conducted by EPA's Office of
Transportation and Air Quality. The preliminary agenda for the meeting
and any notices about change in venue will be posted on the
Subcommittee's Web site: http://www.epa.gov/air/caaac/mobile_sources.html. MSTRS listserver subscribers will receive notification
when the agenda is available on the Subcommittee Web site. To subscribe
to the MSTRS listserver, send a blank email to<EMAIL_ADDRESS>
DATES: Thursday, December 13, 2012 from 9:00 a.m. to 4:30 p.m.
Registration begins at 8:30 a.m.

ADDRESSES: The meeting is currently scheduled to be held at The Madison
Hotel at 1177 15th St. NW., Washington, DC 20005. However, this date
and location are subject to change and interested parties should
monitor the Subcommittee Web site (above) for the latest logistical
information. The hotel is located five blocks from the McPherson Square
Metro Station.

FOR FURTHER INFORMATION CONTACT:  For technical information: Jennifer
Krueger, Designated Federal Officer, Transportation and Climate
Division, Mailcode 6405J, U.S. EPA, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; Ph:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    For logistical and administrative information: Ms. Cheryl Jackson,
U.S. EPA, Transportation and Climate Division, Mailcode 6405J, U.S.
EPA, 1200 Pennsylvania Ave. NW., Washington, DC 20460;<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    Background on the work of the Subcommittee is available at: http://www.epa.gov/air/caaac/mobile_sources.html. Individuals or
organizations wishing to provide comments to the Subcommittee should
submit them to Ms. Krueger at the address above by November 30, 2012.
The Subcommittee expects that public statements presented at its
meetings will not be repetitive of previously submitted oral or written
statements.
    Supplementary: During the meeting, the Subcommittee may also hear
progress reports from some of its workgroups as well as updates and
announcements on activities of general interest to attendees.
    For Individuals with Disabilities: For information on access or
services for individuals with disabilities, please contact Ms. Krueger
or Ms. Jackson (see above). To request accommodation of a disability,
please contact Ms. Krueger or Ms. Jackson, preferably at least 10 days
prior to the meeting, to give EPA as much time as possible to process
your request.

    Dated: September 26, 2012.
Margo Tsirigotis Oge,
Director, Office of Transportation and Air Quality.
[FR Doc. 2012-24378 Filed 10-2-12; 8:45 am]
BILLING CODE 6560-50-P