[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20159-20160]
[FR Doc No: 2023-07105]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas & Oil Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: PR23-39-000.
    Applicants: Southwest Gas Corporation.
    Description: Sec.  284.123(g) Rate Filing: Amended SOC for Blanket
Certificate to be effective 4/1/2023.
    Filed Date: 4/19/23.
    Accession Number: 20230329-5197.
    Comment Date: 5 p.m. ET 5/30/23.

    Docket Numbers: RP23-607-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Sec.  4(d) Rate Filing: New Non-Conforming Agreement--
FP&L to be effective 4/1/2023.
    Filed Date: 3/29/23.
    Accession Number: 20230329-5203.
    Comment Date: 5 p.m. ET 4/10/23.

    Docket Numbers: RP23-608-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Sec.  4(d) Rate Filing: New NRAs--OUC and Peoples and
Update Non-Conf List to be effective 4/1/2023.
    Filed Date: 3/29/23.
    Accession Number: 20230329-5205.
    Comment Date: 5 p.m. ET 4/10/23.

    Docket Numbers: RP23-609-000.
    Applicants: Horizon Pipeline Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: NRA Filing--Natural Gas
Pipeline Company of America LLC to be effective 4/1/2023.
    Filed Date: 3/29/23.
    Accession Number: 20230329-5209.
    Comment Date: 5 p.m. ET 4/10/23.

    Docket Numbers: RP23-610-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Iroquois Gas Transmission System, L.P. submits Fuel
and Losses Retention Percentage calculations for 2022.
    Filed Date: 3/29/23.
    Accession Number: 20230329-5226.
    Comment Date: 5 p.m. ET 4/10/23.

    Docket Numbers: RP23-611-000.
    Applicants: Northern Border Pipeline Company.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement--
Sequent TL368F/101321 to be effective 4/1/2023.
    Filed Date: 3/30/23.
    Accession Number: 20230330-5002.
    Comment Date: 5 p.m. ET 4/11/23.

    Docket Numbers: RP23-612-000.
    Applicants: MountainWest Overthrust Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: Non-conforming TSA WIC 6343 to
be effective 4/1/2023.
    Filed Date: 3/30/23.
    Accession Number: 20230330-5025.
    Comment Date: 5 p.m. ET 4/11/23.

    Docket Numbers: RP23-613-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Amended Negotiated Rate
Agreement--4/1/2023 to be effective 4/1/2023.
    Filed Date: 3/30/23.
    Accession Number: 20230330-5030.
    Comment Date: 5 p.m. ET 4/11/23.

    Docket Numbers: RP23-614-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreements to
be effective 4/1/2023.
    Filed Date: 3/30/23.
    Accession Number: 20230330-5031.
    Comment Date: 5 p.m. ET 4/11/23.

    Docket Numbers: RP23-615-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Cancel SWEPCO Agreement to be
effective 4/1/2023.
    Filed Date: 3/30/23.
    Accession Number: 20230330-5060.
    Comment Date: 5 p.m. ET 4/11/23.

    Docket Numbers: RP23-616-000.
    Applicants: Enable Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Amended NRA Filing--SWEPCO to
be effective 4/1/2023.
    Filed Date: 3/30/23.
    Accession Number: 20230330-5061.
    Comment Date: 5 p.m. ET 4/11/23.

    Docket Numbers: RP23-617-000.
    Applicants: Stagecoach Pipeline & Storage Company LLC.
    Description: Sec.  4(d) Rate Filing: Stagecoach--Chesapeake, DTE,
Amera &

KM Gas Marketing to be effective 4/1/2023.
    Filed Date: 3/30/23.
    Accession Number: 20230330-5065.
    Comment Date: 5 p.m. ET 4/11/23.

    Docket Numbers: RP23-618-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agmt Update
(Conoco--Apr 23) to be effective 4/1/2023.
    Filed Date: 3/30/23.
    Accession Number: 20230330-5079.
    Comment Date: 5 p.m. ET 4/11/23.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP20-780-002.
    Applicants: Pine Needle LNG Company, LLC.
    Description: Compliance filing: Petition to Amend Settlement in
Docket No. RP20-780-000 to be effective N/A.
    Filed Date: 3/30/23.
    Accession Number: 20230330-5108.
    Comment Date: 5 p.m. ET 4/11/23.

    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 30, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-07105 Filed 4-4-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Notices]
[Pages 41729-41730]
[FR Doc No: 2022-14929]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-P-0115]

Determination That REGLAN Injection (Metoclopramide Injection,
USP), Equivalent to 5 Milligrams Base/Milliliter and Equivalent to 10
Milligrams Base/Milliliter, Was Not Withdrawn From Sale for Reasons of
Safety or Effectiveness

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) has
determined that REGLAN Injection (metoclopramide injection, USP),
equivalent to (EQ) 5 milligrams (mg) base/milliliter (mL) and EQ 10 mg
base/mL, was not withdrawn from sale for reasons of safety or
effectiveness. This determination means that FDA will not begin
procedures to withdraw approval of abbreviated new drug applications
(ANDAs) that refer to this drug product, and it will allow FDA to
continue to approve ANDAs that refer to the product as long as they
meet relevant legal and regulatory requirements.

FOR FURTHER INFORMATION CONTACT: Daniel Gottlieb, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6210, Silver Spring, MD 20993-0002, 301-
796-6650, [email protected].

SUPPLEMENTARY INFORMATION: Section 505(j) of the Federal Food, Drug,
and Cosmetic Act (FD&C Act) (21 U.S.C. 355(j)) allows the submission of
an ANDA to market a generic version of a previously approved drug
product. To obtain approval, the ANDA applicant must show, among other
things, that the generic drug product: (1) has the same active
ingredient(s), dosage form, route of administration, strength,
conditions of use, and (with certain exceptions) labeling as the listed
drug, which is a version of the drug that was previously approved and
(2) is bioequivalent to the listed drug. ANDA applicants do not have to
repeat the extensive clinical testing otherwise necessary to gain
approval of a new drug application (NDA).
    Section 505(j)(7) of the FD&C Act requires FDA to publish a list of
all approved drugs. FDA publishes this list as part of the ``Approved
Drug Products With Therapeutic Equivalence Evaluations,'' which is
known generally as the ``Orange Book.'' Under FDA regulations, drugs
are removed from the list if the Agency withdraws or suspends approval
of the drug's NDA or ANDA for reasons of safety or effectiveness or if
FDA determines that the listed drug was withdrawn from sale for reasons
of safety or effectiveness (21 CFR 314.162).
    A person may petition the Agency to determine, or the Agency may
determine on its own initiative, whether a listed drug was withdrawn
from sale for reasons of safety or effectiveness. This determination
may be made at any time after the drug has been withdrawn from sale,
but must be made prior to FDA's approval of an ANDA that refers to the
listed drug (Sec.  314.161 (21 CFR 314.161)). FDA may not approve an
ANDA that does not refer to a listed drug.
    REGLAN Injection (metoclopramide injection, USP), EQ 5 mg base/mL
and EQ 10 mg base/mL, is the subject of NDA 017862, held by Hikma
Pharmaceuticals USA Inc., and initially approved on February 7, 1979
(EQ 5 mg base/mL) and May 28, 1987 (EQ 10 mg base/mL). REGLAN is
indicated for the relief of symptoms associated with acute and
recurrent diabetic gastric stasis, prophylaxis of vomiting associated
with emetogenic cancer therapy, and prophylaxis of postoperative nausea
and vomiting in those circumstances where nasogastric suction is
undesirable. REGLAN may also be used to facilitate small bowel
intubation in adults and pediatric patients in whom the tube does not
pass the pylorus with conventional maneuvers or to stimulate gastric
emptying and intestinal transit of barium in cases where delayed
emptying interferes with radiological examination of the stomach and/or
small intestine.
    REGLAN Injection (metoclopramide injection, USP), EQ 5 mg base/mL
and EQ 10 mg base/mL, is currently listed in the ``Discontinued Drug
Product List'' section of the Orange Book.
    Baxter Healthcare Corp. submitted a citizen petition dated February
1, 2022 (Docket No. FDA-2022-P-0115), under 21 CFR 10.30, requesting
that the Agency determine whether REGLAN Injection (metoclopramide
injection, USP), 5 mg base/mL, was withdrawn from sale for reasons of
safety or effectiveness. Although the citizen petition did not address
the EQ 10 mg base/mL strength, that strength has also been
discontinued. On our own initiative, we have also determined whether
that strength was withdrawn for safety or effectiveness reasons.
    After considering the citizen petition and reviewing Agency records
and based on the information we have at this time, FDA has determined
under Sec.  314.161 that REGLAN Injection (metoclopramide injection,
USP), EQ 5 mg base/mL and EQ 10 mg base/mL, was not withdrawn for
reasons of safety or effectiveness. The petitioner has identified no
data or other information suggesting that this drug product was
withdrawn for reasons of safety or effectiveness. We have carefully
reviewed our files for records concerning the withdrawal of REGLAN
Injection (metoclopramide injection, USP), EQ 5 mg base/mL and EQ 10 mg
base/mL, from sale. We have also independently evaluated relevant
literature and data for possible postmarketing adverse events. We have

found no information that would indicate that this drug product was
withdrawn from sale for reasons of safety or effectiveness.
    Accordingly, the Agency will continue to list REGLAN Injection
(metoclopramide injection, USP), EQ 5 mg base/mL and EQ 10 mg base/mL,
in the ``Discontinued Drug Product List'' section of the Orange Book.
The ``Discontinued Drug Product List'' delineates, among other items,
drug products that have been discontinued from marketing for reasons
other than safety or effectiveness. FDA will not begin procedures to
withdraw approval of approved ANDAs that refer to this drug product.
Additional ANDAs for this drug product may also be approved by the
Agency as long as they meet all other legal and regulatory requirements
for the approval of ANDAs. If FDA determines that labeling for this
drug product should be revised to meet current standards, the Agency
will advise ANDA applicants to submit such labeling.

    Dated: July 7, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-14929 Filed 7-12-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 19 (Wednesday, January 29, 2014)]
[Notices]
[Pages 4803-4806]
[FR Doc No: 2014-01693]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0170]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 43 individuals from the
vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs). They are unable to meet the vision requirement in one eye for
various reasons. The exemptions will enable these individuals to
operate commercial motor vehicles (CMVs) in interstate commerce without
meeting the prescribed vision requirement in

one eye. The Agency has concluded that granting these exemptions will
provide a level of safety that is equivalent to or greater than the
level of safety maintained without the exemptions for these CMV
drivers.

DATES: The exemptions are effective January 29, 2014. The exemptions
expire on January 29, 2016.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgement that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

Background

    On November 12, 2013, FMCSA published a notice of receipt of
exemption applications from certain individuals, and requested comments
from the public (78 FR 67454). That notice listed 43 applicants' case
histories. The 43 individuals applied for exemptions from the vision
requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in
interstate commerce.
    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to or greater than the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the 2-year period.
Accordingly, FMCSA has evaluated the 43 applications on their merits
and made a determination to grant exemptions to each of them.

Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor
vehicle if that person has distant visual acuity of at least 20/40
(Snellen) in each eye without corrective lenses or visual acuity
separately corrected to 20/40 (Snellen) or better with corrective
lenses, distant binocular acuity of a least 20/40 (Snellen) in both
eyes with or without corrective lenses, field of vision of at least
70[deg] in the horizontal meridian in each eye, and the ability to
recognize the colors of traffic signals and devices showing requirement
red, green, and amber (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision
requirement but have adapted their driving to accommodate their vision
limitation and demonstrated their ability to drive safely. The 43
exemption applicants listed in this notice are in this category. They
are unable to meet the vision requirement in one eye for various
reasons, including refractive amblyopia, central retinal vein
occlusion, retinal detachment, ocular histoplasmosis, amblyopia,
prosthetic eye, aphakia, corneal scarring, macular hole, complete loss
of vision, macular degeneration, anisometropic amblyopia, retinal
damage, retinal hole, optic nerve staphyloma, longstanding peripheral
retinal degeneration, wet macular degeneration, and enucleated eye. In
most cases, their eye conditions were not recently developed. Thirty-
one of the applicants were either born with their vision impairments or
have had them since childhood.
    The twelve individuals that sustained their vision conditions as
adults have had it for a period of 3 to 34 years.
    Although each applicant has one eye which does not meet the vision
requirement in 49 CFR 391.41(b)(10), each has at least 20/40 corrected
vision in the other eye, and in a doctor's opinion, has sufficient
vision to perform all the tasks necessary to operate a CMV. Doctors'
opinions are supported by the applicants' possession of valid
commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before
issuing CDLs, States subject drivers to knowledge and skills tests
designed to evaluate their qualifications to operate a CMV.
    All of these applicants satisfied the testing requirements for
their State of residence. By meeting State licensing requirements, the
applicants demonstrated their ability to operate a CMV, with their
limited vision, to the satisfaction of the State.
    While possessing a valid CDL or non-CDL, these 43 drivers have been
authorized to drive a CMV in intrastate commerce, even though their
vision disqualified them from driving in interstate commerce. They have
driven CMVs with their limited vision of careers ranging from 3 to 52
years. In the past 3 years, three of the drivers were involved in
crashes and three were convicted for moving violations in a CMV.
    The qualifications, experience, and medical condition of each
applicant were stated and discussed in detail in the November 12, 2013
notice (78 FR 67454).

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. Without the exemption, applicants
will continue to be restricted to intrastate driving. With the
exemption, applicants can drive in interstate commerce. Thus, our
analysis focuses on whether an equal or greater level of safety is
likely to be achieved by permitting each of these drivers to drive in
interstate commerce as opposed to restricting him or her to driving in
intrastate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered the medical reports about the applicants' vision as well as
their driving records and experience with the vision deficiency.
    To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past 3
years. Recent driving performance is especially important in evaluating
future safety, according to several research studies designed to
correlate past and future driving performance. Results of these studies
support the principle that the best predictor of future performance by
a driver is his/her past record of crashes and traffic violations.
Copies of the

studies may be found at Docket Number FMCSA-1998-3637.
    We believe we can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrate the driving performance
of experienced monocular drivers in the program is better than that of
all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996).
The fact that experienced monocular drivers demonstrated safe driving
records in the waiver program supports a conclusion that other
monocular drivers, meeting the same qualifying conditions as those
required by the waiver program, are also likely to have adapted to
their vision deficiency and will continue to operate safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used 3 consecutive years
of data, comparing the experiences of drivers in the first 2 years with
their experiences in the final year.
    Applying principles from these studies to the past 3-year record of
the 43 applicants, three of the drivers were involved in crashes and
three were convicted of moving violations in a CMV. All the applicants
achieved a record of safety while driving with their vision impairment,
demonstrating the likelihood that they have adapted their driving
skills to accommodate their condition. As the applicants' ample driving
histories with their vision deficiencies are good predictors of future
performance, FMCSA concludes their ability to drive safely can be
projected into the future.
    We believe that the applicants' intrastate driving experience and
history provide an adequate basis for predicting their ability to drive
safely in interstate commerce. Intrastate driving, like interstate
operations, involves substantial driving on highways on the interstate
system and on other roads built to interstate standards. Moreover,
driving in congested urban areas exposes the driver to more pedestrian
and vehicular traffic than exists on interstate highways. Faster
reaction to traffic and traffic signals is generally required because
distances between them are more compact. These conditions tax visual
capacity and driver response just as intensely as interstate driving
conditions. The veteran drivers in this proceeding have operated CMVs
safely under those conditions for at least 3 years, most for much
longer. Their experience and driving records lead us to believe that
each applicant is capable of operating in interstate commerce as safely
as he/she has been performing in intrastate commerce. Consequently,
FMCSA finds that exempting these applicants from the vision requirement
in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to
that existing without the exemption. For this reason, the Agency is
granting the exemptions for the 2-year period allowed by 49 U.S.C.
31136(e) and 31315 to the 43 applicants listed in the notice of
November 12, 2013 (78 FR 67454).
    We recognize that the vision of an applicant may change and affect
his/her ability to operate a CMV as safely as in the past. As a
condition of the exemption, therefore, FMCSA will impose requirements
on the 43 individuals consistent with the grandfathering provisions
applied to drivers who participated in the Agency's vision waiver
program.
    Those requirements are found at 49 CFR 391.64(b) and include the
following: (1) That each individual be physically examined every year
(a) by an ophthalmologist or optometrist who attests that the vision in
the better eye continues to meet the requirement in 49 CFR
391.41(b)(10) and (b) by a medical examiner who attests that the
individual is otherwise physically qualified under 49 CFR 391.41; (2)
that each individual provide a copy of the ophthalmologist's or
optometrist's report to the medical examiner at the time of the annual
medical examination; and (3) that each individual provide a copy of the
annual medical certification to the employer for retention in the
driver's qualification file, or keep a copy in his/her driver's
qualification file if he/she is self-employed. The driver must have a
copy of the certification when driving, for presentation to a duly
authorized Federal, State, or local enforcement official.

Discussion of Comments

    FMCSA received one comment in this proceeding. The comment is
discussed below.
    An anonymous commenter suggested that visually-impaired drivers
take a road test at their licensing bureau on a periodic basis to
determine their continued ability to drive commercially.

Conclusion

    Based upon its evaluation of the 43 exemption applications, FMCSA
exempts Dennis S. Anderson (MN), Calvin J. Barbour (NY), Martin D.
Bellcour (WI), Walter A. Breeze (OH), Joseph A. Burdey (NJ), Donald G.
Carstensen (IA), Jamie D. Daniels (IA), James A. Esposito, Jr. (PA),
Mark A. Farnsley (IN), Michael L. Fiamingo (PA), Kenric J. Fields (DE),
Chris L. Granby (MI), Dustin K. Heimbach (PA), Randall Hjelmtveit (MN),
Robert W. Horner (OH), Abdelhamid S. Jaafreh (OH), Leonard R. Jackson
(IN), Randy G. Kinney (IL), Ronnie R. Lockamy (NC), Hector Marquez
(TX), Leonard A. Martin (NV), Dennis R. Martinez (NM), Jeffrey D.
McGill (IL), Fred A. Miller, Jr. (CA), Joseph K. Parley (WI), Robert L.
Pearson (GA), Andres Regalado (CA), Riland O. Richardson (FL), Thenon
D. Ridley (TX), Ryan R. Ross (SC), Troy M. Ruhlman (PA), Ricky E.
Rumfield (TX), Ermanno M. Santucci (IL), Dennis M. Schwartzentruber
(OH), Tigran Semerjyan (CA), Roger H. Sick (NY), Martina B. Talbott
(IA), Kirk A. Thelen (MI), Nicholas J. Vance (OH), Hershel D. Volentine
(LA), Gary D. Vollersten (CO), David R. Webb, Jr. (IL), and Wesley A.
Willis (NJ) from the vision requirement in 49 CFR 391.41(b)(10),
subject to the requirements cited above (49 CFR 391.64(b)).
    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for 2 years unless revoked earlier by FMCSA. The
exemption will be revoked if: (1) The person fails to comply with the
terms and conditions of the exemption; (2) the exemption has resulted
in a lower level of safety than was maintained before it was granted;
or (3) continuation of the exemption would not be consistent with the
goals and objectives of 49 U.S.C. 31136 and 31315.
    If the exemption is still effective at the end of the 2-year
period, the person may apply to FMCSA for a renewal under procedures in
effect at that time.

    Issued on: January 10, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-01693 Filed 1-28-14; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Notices]
[Pages 74861-74862]
[FR Doc No: 2016-25965]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0130]

Commercial Driver's License: Application for Exemption; Missouri
Department of Revenue (DOR)

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

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

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SUMMARY: FMCSA announces its decision to grant a limited exemption to
the Missouri Department of Revenue (DOR), Driver's License Bureau, and,
at their option, all other State driver licensing agencies (SDLAs),
from the commercial driver's license (CDL) regulations. These
regulations require a driver to pass the general knowledge test before
being issued a Commercial Learner's Permit (CLP). The Missouri DOR
requested an exemption from the knowledge test requirement for
qualified current or former military personnel who participated in
training in military heavy-vehicle driving programs. The Missouri DOR
contends that qualified personnel who participated in such training
have already received numerous hours of classroom training, practical
skills training, and one-on-one road training that are essential for
safe driving.

DATES: The exemption is effective from October 27, 2016 through October
29, 2018.

ADDRESSES: Docket: For access to the docket to read background
documents or comments, go to www.regulations.gov at any time or visit
Room W12-140 on the ground level of the West Building, 1200 New Jersey
Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. The on-line FDMS is available
24 hours each day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, ``FMCSA-2016-0130'' in the ``Keyword'' box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.

II. Legal Basis

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

III. Request for Exemption

    The Missouri DOR requested an exemption from 49 CFR
383.71(a)(2)(ii), which requires any person applying for a Commercial
Learner's Permit (CLP) on or after July 8, 2015, to have taken and
passed a general knowledge test that meets the Federal standards
contained in subparts F, G and H of 49 CFR part 383 for the commercial
vehicle group that person operates or expects to operate. The Missouri
DOR requested an exemption from the knowledge test requirements for
trained military truck drivers, in effect giving designated drivers
credit for military training and experience.
    The Missouri DOR provided a number of reasons for its application.
It contends that qualified veterans who completed military heavy-
vehicle driver training programs have already received numerous hours
of classroom training, practical skills training, and one-on-one road
training that are essential for safe driving. Other reasons for their
request included:
     The hours of training in these military programs exceeds
hours required by FMCSA's proposed entry-level driver training rule.
The skill level required by military courses is comparable to that
needed to pass the American Association of Motor Vehicle Administrators
(AAMVA) 2005 CDL Test Model (amended 2010);
     Military personnel who complete specialized driver
training are assigned duties where their driving skills are applied and
used on a frequent basis, an obvious asset in civilian life; and
     The trucking industry predicts a growing shortage of new
drivers. Providing this incentive will helpfully assist trained
military truck drivers' transition into civilian jobs.

IV. Public Comments

    On April 20, 2016, FMCSA published notice of this application and
requested public comments (81 FR 23349). The Minnesota Department of
Motor Vehicle Safety, the North Dakota Department of Transportation,
and the Advocates for Highway and Auto Safety (Advocates) filed
comments opposing the exemption. The North Dakota Department of
Transportation stated that the exemption should not be granted until
there are assurances that military training in lieu of the State
knowledge test meets the requirements in 49 CFR 383.111, Required
knowledge. The Minnesota Department of Motor Vehicle Safety suggested
that, in lieu of granting this exemption

request, the military's training and licensing programs could be
accepted as SDLA programs; i.e., military licenses could be treated as
equivalent to a CDL.
    The Advocates pointed out that the current skills test exemption in
Sec.  383.77 requires applicants to provide evidence that they were
regularly employed within the last 90 days in a military position
requiring the operation of a CMV. Advocates expressed concern that the
Missouri DOR application did not include a similar experience
requirement for ex-military personnel seeking a knowledge test
exemption. Such a requirement should be included if the Agency grants
the application to ensure that the knowledge obtained in the military
has not diminished over an extended period of time. However, Advocates
argues that making this exemption available to all 50 States and the
District of Columbia is a permanent and material revision of Federal
regulations that must be done through formal rulemaking allowing for
review and comment by the public, including SDLAs.

V. FMCSA Response

    FMCSA disagrees with the North Dakota Department of Transportation
comments that this exemption should not be granted until there are
assurances that military training in lieu of the State knowledge tests
meets the requirements in 49 CFR 383.111. The training provided by
these specialized military programs includes many hours of classroom
training (typically based on FMCSA's own regulations, including all of
the elements of Sec.  383.111), practical skills training, and on-the-
road training, followed by actual driving in support of the military
mission. There is no reason to believe that military training is
deficient compared to the requirements of Sec.  383.111. FMCSA further
disagrees with the Minnesota Department of Motor Vehicle Safety's
suggestion that in lieu of granting this exemption request, the
military's licensing and training program should be accepted as an SDLA
program. Such an action would first require extensive legal analysis
and would be very complex in any case.
    The limited exemption approved today allows the States to waive the
CDL knowledge test but does not require them to do so. The Agency
expects few SDLAs to participate due to a lack of demand in their
geographical areas and the administrative burden involved. However,
because FMCSA cannot predict which State SDLAs may want to use this
exemption, the Agency has made it available to all States. SDLAs that
choose to participate will be able to establish their own
administrative procedures to implement the exemption, e.g., policies
for acceptable documentation showing that the applicant has received
the required military heavy-vehicle operation training, and has been
employed in the past year in a position requiring such duties.
    Although Missouri used the term ``veterans'' in its application, to
add clarity and be consistent with similar programs, we have expanded
the eligibility to include ``current or former members of the military
services (including Reserve and National Guard units), who have been
regularly employed within the last year in a military position that
requires operation of large trucks, and have received formal military
training for that duty.'' This is consistent with comments filed by
Advocates.

VI. FMCSA Decision

    FMCSA has evaluated Missouri DOR's application and the public
comments and decided to grant the exemption. FMCSA agrees with the
reasons for the request made by the Missouri DOR. The two primary
reasons were that the training provided by these specialized military
programs includes many hours of classroom training, practical skills
training, and on-the-road training that are essential for safe driving.
In addition, the hours of training in these programs is in excess of
the training proposed in FMCSA's own entry-level driver training rule
(81 FR 11944, March 7, 2016), and is comparable to the skills needed to
pass the AAMVA CDL test model. FMCSA has concluded that the exemption
would likely achieve a level of safety that is equivalent to or greater
than the level that would be achieved absent such exemption, in
accordance with Sec.  381.305(a).

VII. Terms and Conditions

    The following are the Terms and Conditions of this exemption:
    (1) SDLAs may, at their discretion, issue CLP/CDLs to qualifying
applicants as described below, without these applicants being required
to complete the knowledge test required by 49 CFR 383.71(a)(2)(ii).
    (2) ``Qualifying applicants'' must:
    (a) Be current or former members of the military services
(including Reserve and National Guard units),
    (b) Have been regularly employed within the year prior to
application in a military position that requires operation of large
trucks, and
    (c) Have received formal military training for that duty.
    (3) Participating SDLAs may establish their own requirements and
administrative procedures for verifying the eligibility of applicants.

    Issued on: October 20, 2016.
 T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-25965 Filed 10-26-16; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: October 10, 2007 (Volume 72, Number 195)]
[Notices]
[Page 57572-57573]
[DOCID:fr10oc07-62]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2006-0796; FRL-8480-2]
 RIN 2050-AE81

Notice of Data Availability on the Disposal of Coal Combustion
Wastes in Landfills and Surface Impoundments; Extension of Comment
Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Data Availability; Extension of Comment Period.

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

SUMMARY: The Environmental Protection Agency (EPA) is extending the
comment period for the Notice of Data Availability (NODA) entitled
``Notice of Data Availability on the Disposal of Coal Combustion Wastes
in Landfills and Surface Impoundments.'' This notice announces the
availability of new information and data concerning the management of
coal combustion wastes (CCW) in landfills and surface impoundments and
will be used by the Agency in determining how, if at all, this
additional information should affect the Agency's decisions as it
continues to follow-up on its Regulatory Determination for CCW disposed
of in landfills and surface impoundments. This NODA was published on
August 29, 2007 (72 FR 49714), and the comment period was scheduled to
end on November 27, 2007. However, a number of environmental groups
have requested additional time to respond to the issues raised in the
NODA and its accompanying documents. Therefore, we are extending the
comment period an additional 60 days, which would extend the comment
period to January 28, 2008.

DATES: The comment period is extended from the original closing date of
November 27, 2007 to January 28, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2006-0796, by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail: Comments may be sent by electronic mail (e-mail)
to<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-RCRA-2006-0796.
In contrast to EPA's electronic public docket, EPA's e-mail system is
not an ``anonymous access'' system. If you send an e-mail comment
directly to the docket without going through EPA's electronic public
docket, EPA's e-mail system automatically captures your e-mail address.
E-mail addresses that are automatically captured by EPA's e-mail system
are included as part of the comment that is placed in the official
public docket, and made available in EPA's electronic public docket.
     Fax: Comments may be faxed to<PHONE_NUMBER>. Attention
Docket ID No. EPA-HQ-RCRA-2006-0796.
     Mail: Send two copies of your comments to Notice of Data
Availability on the Disposal of Coal Combustion Wastes in Landfills and
Surface Impoundments, Environmental Protection Agency, Mailcode: 5305T,
1200 Pennsylvania Ave., NW., Washington, DC 20460. Attention Docket ID
No. EPA-HQ-RCRA-2006-0796.
     Hand Delivery: Deliver two copies of your comments to the
Notice of Data

Availability on the Disposal of Coal Combustion Wastes in Landfills and
Surface Impoundments Docket, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC 20460. Attention Docket ID No.
EPA-HQ-RCRA-2006-0796. Such deliveries are only accepted during the
docket's normal hours of operation (8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays), and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-
2006-0796. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov

or e-mail. The http://www.regulations.gov website is an ``anonymous

access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through http://www.regulations.gov
, your e-mail address will be automatically captured

and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket, visit
the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
 We also request that interested parties who would like

information they previously submitted to EPA to be considered as part
of this action, identify the relevant information by docket entry
numbers and page numbers. For additional instructions on submitting
comments, go to the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Alexander Livnat, Office of Solid
Waste (5306P), U.S. Environmental Protection Agency, Ariel Rios
Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460-0002,
telephone<PHONE_NUMBER>, e-mail address<EMAIL_ADDRESS>For
more information on this rulemaking, please visit http://www.epa.gov/epaoswer/other/fossil/index.htm/
.

SUPPLEMENTARY INFORMATION: The NODA that is the subject of this notice,
and which was published in the Federal Register on August 29, 2007 (72
FR 49714), announces the availability of new information and data
contained in three documents that the Agency is requesting public
comments on, concerning the management of CCW in landfills and surface
impoundments. The three documents that the Agency is requesting
comments on are: A joint U.S. Department of Energy (DOE) and EPA report
entitled, Coal Combustion Waste Management at Landfills and Surface
Impoundments, 1994-2004; a draft risk assessment conducted by EPA on
the management of CCW in landfills and surface impoundments; and EPA's
damage case assessment. The Agency is soliciting comments on the extent
to which the damage case information, the results of the risk
assessment, and the new liner and ground water monitoring information
from the DOE/EPA report should affect the Agency's decisions. EPA is
also requesting direct comment on the draft risk assessment document to
help inform a planned peer review. In addition, the Agency has included
in the docket to the NODA a rulemaking petition submitted by a number
of citizens' groups. Furthermore, the Agency has included in the docket
to the NODA two approaches regarding the management of CCW, one
prepared by the electric utility industry and the other prepared by a
number of citizens' groups. The Agency will consider all the
information provided through the NODA, the comments and new information
submitted on the NODA, as well as the results of a subsequent peer
review of the risk assessment, as it continues to follow-up on its
Regulatory Determination for CCW disposed of in landfills and surface
impoundments.
    The comment period for the NODA was scheduled to end on November
27, 2007. However, a number of environmental groups (Earthjustice,
Environmental Integrity Project, Clean Air Task Force, Kentucky
Resources Council, Army for a Clean Environment, and Delaware
Riverkeeper Network) have requested that EPA extend the comment period
by 75 days, noting that additional time is needed in order to comment
meaningfully on the information contained in the NODA and to perform
extensive analysis on several documents, some of which are highly
technical. The commenters also noted that, due to the length and
complexity of the draft risk assessment (``Human and Ecological Risk
Assessment of Coal Combustion Wastes''), it will be necessary to engage
expert review that will consequently increase the time necessary to
prepare their comments.
    EPA believed that the 90-day public comment period originally
established was reasonable. However, since the Agency will be
considering all the information provided through the comments and new
information submitted on the NODA, as well as the results of a
subsequent peer review of the risk assessment, we believe it is
important that commenters have adequate time to analyze the data
noticed in the NODA so that they may provide informed and meaningful
comments to the Agency. Therefore, we have decided to extend the
comment period by 60 days, thereby extending the comment period to 150
days. We believe an additional 60 days is adequate for commenters to
analyze the data noticed in the NODA and available in the docket to the
NODA. Because the 60-day extension ends on January 26, 2008, which is a
Saturday, the comment period will actually be extended until the
following Monday, January 28, 2008.

    Dated: September 28, 2007.
Matthew Hale,
 Director, Office of Solid Waste.
[FR Doc. E7-19935 Filed 10-9-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 98 (Monday, May 21, 2012)]
[Rules and Regulations]
[Pages 29863-29865]
[FR Doc No: 2012-11944]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0534; Directorate Identifier 2012-CE-015-AD;
Amendment 39-17053; AD 2012-10-04]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Cessna Aircraft Company Models 210G, T210G, 210H, T210H, 210J, T210J,
210K, T210K, 210L, T210L, 210M, T210M, 210N, T210N, P210N, 210R, T210R,
and P210R airplanes. This AD requires an inspection(s) of the left and
right wing lower main spar caps for cracks and either replacing cracked
wing lower main spar caps, wing spars, or wings (as applicable) with
serviceable spar caps, spars, or wings that are found free of cracks or
incorporating an FAA-approved modification. This AD also requires
reporting the results of the inspections to the FAA. This AD was
prompted by reports of cracks found in the wing lower main spar caps on
the above-referenced airplanes with cantilever metal wings. We are
issuing this AD to correct the unsafe condition on these products.

DATES: This AD is effective June 5, 2012.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of June 5, 2012.
    We must receive comments on this AD by July 5, 2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Cessna
Aircraft Company, Customer Support Service, P.O. Box 7706, Wichita,
Kansas 67277; telephone:<PHONE_NUMBER>; fax<PHONE_NUMBER>; Internet:
www.cessnasupport.com. You may review copies of the referenced service
information at the FAA, Small Airplane Directorate, 901 Locust, Kansas
City, Missouri 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Gary D. Park, Aerospace Engineer,
Wichita Aircraft Certification Office, (ACO), FAA, 1801 Airport Road,
Wichita, KS 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We received reports of cracks found in the wing lower main spar
caps on Cessna Aircraft Company Models 210G, T210G, 210H, T210H, 210J,
T210J, 210K, T210K, 210L, T210L, 210M, T210M, 210N, T210N, P210N, 210R,
T210R, and P210R airplanes with cantilever metal wings. The reports
include a wing lower main spar cap that was completely severed with the
skin split. This condition, if not corrected, could result in
structural failure of the wing with consequent loss of control.

Relevant Service Information

    We reviewed Cessna Aircraft Company Single Engine Service Letter
SEL-57-01, Revision 1, dated May 9, 2012. The service letter describes
procedures for visually inspecting the right and left lower main spar
caps for cracks and replacing the spar cap, wing spar, or wing, as
applicable.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires a one-time internal (for all airplanes) and
external (for certain airplanes) visual inspection of the left and
right wing lower main spar caps for cracks and either replacing cracked
wing lower main spar caps, wing spars, or wings, or incorporating an
FAA-approved modification. This AD also requires reporting the results
of the inspections to the FAA, Wichita ACO.

Interim Action

    We consider this AD interim action. We are requiring inspection(s)
of the left and right wing lower main spar caps with a report to the
FAA of the results. We will work with the type certificate

holder to evaluate that information to determine repetitive inspection
intervals and subsequent terminating action. Based on this evaluation,
we may initiate further rulemaking action to address the unsafe
condition identified in this AD.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because
cracks in the wing lower main spar caps could result in structural
failure of the wing during flight with consequent loss of control.
Therefore, we find that notice and opportunity for prior public comment
are impracticable and that good cause exists for making this amendment
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include the docket number FAA-2012-0534 and
Directorate Identifier 2012-CE-015-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. We will
consider all comments received by the closing date and may amend this
AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 3,665 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Internal and external inspection  From 3 to 6 work-   Not applicable....  From $255 to $510.  From $934,575 to
 of the left and right wing        hours x $85 per                                             $1,869,150.
 lower main spar caps for cracks.  hour = From $255
                                   to $510.
----------------------------------------------------------------------------------------------------------------

    Currently, there is no FAA-approved modification for a cracked wing
lower main spar cap. If cracks are found during the inspections
required by this AD, further flight is prohibited until an FAA-approved
modification is incorporated or the cracked wing lower main spar cap is
replaced with a serviceable spar cap, wing spar, or wing (as
applicable) if one is available. The FAA does not have availability and
cost information on serviceable spar caps, wing spars, or wings.
Therefore, at this time, the FAA has no way of determining any on-
condition costs associated with replacing or modifying cracked wing
lower main spar caps.

Authority for This Rulemaking

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

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2012-10-04 Cessna Aircraft Company (Cessna): Amendment 39-17053;
Docket No. FAA-2012-0534; Directorate Identifier 2012-CE-015-AD.

(a) Effective Date

    This AD is effective June 5, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Cessna model airplanes listed
in paragraphs (c)(1) through (c)(13) of this AD, certificated in any
category:
    (1) 210G: Serial numbers (S/Ns) 21058819 through 21058936,
    (2) T210G: S/Ns T210-0198 through T210-0307,
    (3) 210H: S/Ns 21058937 through 21059061,
    (4) T210H: S/Ns T210-0308 through T210-0392,
    (5) 210J: S/Ns 21059062 through 21059199,
    (6) T210J: S/Ns 21058140, and T210-0393 through T210-0454,
    (7) 210K and T210K: S/Ns 21059200 through 21059502,
    (8) 210L and T210L: S/Ns 21059503 through 21061041, and 21061043
through 21061573,

    (9) 210M and T210M: S/Ns 21061042, 21061574 through 21062954,
    (10) 210N and T210N: S/Ns 21062955 through 21064897,
    (11) P210N: S/Ns P21000001 through P21000834,
    (12) 210R and T210R: S/Ns 21064898 through 21065009, and
    (13) P210R: S/Ns P21000835 through P21000874.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of cracks found in the wing
lower main spar caps on the affected airplanes with cantilever metal
wings. We are issuing this AD to prevent structural failure of the
wing with consequent loss of control.

(f) Compliance

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

(g) Inspection of the Left Wing and the Right Wing

    (1) For airplanes with 10,000 hours time-in-service (TIS) or
more as of June 5, 2012, (the effective date of this AD), do the
following in accordance with Cessna Single Engine Service Letter
SEL-57-01, Revision 1, dated May 9, 2012:
    (i) Before further flight after June 5, 2012 (the effective date
of this AD), do an external visual inspection of the outer skin
underneath the main spar cap fitting between wing station (WS) 25.25
and WS 45.00 for cracks.
    (ii) If no cracks are found during the inspection required in
paragraph (g)(1)(i) of this AD, within the next 5 hours TIS after
June 5, 2012 (the effective date of this AD), do an internal visual
inspection of the wing lower main spar caps between WS 25.25 and WS
45.00 for cracks.
    (2) For airplanes with 5,000 hours TIS or more, but less than
10,000 hours TIS as of June 5, 2012 (the effective date of this AD),
within the next 25 hours TIS after June 5, 2012 (the effective date
of this AD), do an internal visual inspection of the wing lower main
spar caps between WS 25.25 and WS 45.00 for cracks in accordance
with Cessna Single Engine Service Letter SEL-57-01, Revision 1,
dated May 9, 2012.
    (3) For airplanes with less than 5,000 TIS as of June 5, 2012
(the effective date of this AD), when the airplane reaches 5,000
hours TIS or within the next 25 hours TIS after June 5, 2012 (the
effective date of this AD), whichever occurs later, do an internal
visual inspection of the wing lower main spar caps between WS 25.25
and WS 45.00 for cracks in accordance with Cessna Single Engine
Service Letter SEL-57-01, Revision 1, dated May 9, 2012.

(h) Corrective Action

    If cracks are found during the inspections required in
paragraphs (g)(1)(i), (g)(1)(ii), (g)(2), or (g)(3) of this AD,
before further flight after the inspection in which cracks are
found, either replace the cracked part (spar cap, wing spar, or
wing, as applicable) with a serviceable part that is found free of
cracks or modify the spar cap, wing spar, or wing (as applicable)
following a procedure approved for this AD by the FAA, Wichita
Aircraft Certification Office (ACO).

(i) Reporting Requirement

    Within 10 days after each inspection or 10 days after June 5,
2012 (the effective date of this AD), whichever occurs later, report
the results of the inspections to the FAA, Wichita ACO, Attn: Gary
D. Park, Aerospace Engineer, 1801 Airport Road, Room 100; fax: (316)
946-4107; email<EMAIL_ADDRESS>Include the following
information in addition to the undated Attachment (titled Wing Lower
Main Spar Cap Inspection Report) to Cessna Single Engine Service
Letter SEL-57-01, Revision 1, dated May 9, 2012. Please identify AD
2012-10-04 in the subject line if submitted through email.
    (1) Hours TIS at time of inspection.
    (2) Installed wing modifications.
    (3) Approved gross weight increases.
    (4) Extended low altitude operations (i.e., pipe line survey,
surface spotting, sight-seeing, etc.)
    (5) A description of any cracks detected.

(j) Credit for Actions Accomplished in Accordance With Previous Service
Information

    This paragraph provides credit for the actions required in
paragraphs (g) and (h) of this AD if already done before June 5,
2012 (the effective date of this AD) following Cessna Single Engine
Service Letter SEL-57-01, dated April 27, 2012.

(k) Paperwork Reduction Act Burden Statement

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty
for failure to comply with a collection of information subject to
the requirements of the Paperwork Reduction Act unless that
collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(l) Alternative Methods of Compliance (AMOCs)

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

(m) Related Information

    For more information about this AD, contact Gary D. Park,
Aerospace Engineer, Wichita ACO, FAA, 1801 Airport Road, Wichita, KS
67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(n) Material Incorporated by Reference

    (1) You must use Cessna Single Engine Service Letter SEL-57-01,
Revision 1, dated May 9, 2012, (includes the undated Attachment
titled Wing Lower Main Spar Cap Inspection Report) to do the actions
required by this AD, unless the AD specifies otherwise. The Director
of the Federal Register approved the incorporation by reference
(IBR) under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Cessna Aircraft Company, Customer Support Service, P.O. Box 7706,
Wichita, Kansas 67277; telephone:<PHONE_NUMBER>; fax (316) 517-
7271; Internet: www.cessnasupport.com.
    (3) You may review copies of the referenced service information
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr_locations.html.

    Issued in Kansas City, Missouri, on May 11, 2012.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-11944 Filed 5-18-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 30, 2009 (Volume 74, Number 228)]
[Rules and Regulations]
[Page 62499-62501]
[DOCID:fr30no09-12]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0023; FRL-9086-1]

Approval and Promulgation of Implementation Plans; Kentucky;
Source-Specific Revision for Avis Rent-A-Car and Budget Rent-A-Car
Facilities Located at the Cincinnati/Northern Kentucky International
Airport

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve source-specific
revisions to the State Implementation Plan (SIP) submitted by the
Commonwealth of Kentucky, through the Kentucky Energy and Environment
Cabinet's (KEEC), Kentucky Division of Air Quality (KDAQ), on February
4, 2009, for the purpose of removing Stage II vapor control
requirements at Avis Rent-A-Car and Budget Rent-A-Car facilities
located at the Cincinnati/Northern Kentucky International Airport. This
revision is being taken pursuant to Section 110 of the Clean Air Act
(CAA).

DATES: Effective Date: This rule will be effective December 30, 2009.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2009-0023. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 to 4:30, excluding Federal
holidays.

FOR FURTHER INFORMATION CONTACT: Deanne Grant, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9291. Ms. Grant can also be reached via electronic mail at
<EMAIL_ADDRESS>For information relating to the Kentucky SIP,
please contact Mr. Zuri Farngalo at<PHONE_NUMBER>. Mr. Farngalo can
also be reached via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. EPA's Action
II. Background
III. Final Action
IV. Statutory and Executive Order Reviews

I. EPA's Action

    EPA is taking final action to approve a source-specific SIP
revision, submitted by the Commonwealth of Kentucky, through KDAQ, for
the purpose of removing Stage II vapor control requirements at Avis
Rent-A-Car, and Budget Rent-A-Car facilities located at the Cincinnati/
Northern Kentucky International Airport. This approval action is based
on EPA's analysis that Kentucky's request complies with Section 110 of
the CAA.
    In a July 27, 2009, rulemaking notice, EPA proposed approval of the
aforementioned revision to the Kentucky SIP. The comment period closed
on August 26, 2009, and no comments were received. A detailed
discussion of Kentucky's submittal and EPA's rationale for approval of
the February 4, 2009, Kentucky SIP revision may be found in the
proposed rulemaking notice (74 FR 36977). EPA is finalizing the
approval as proposed based on the rationale stated in the proposal and
in this final action.

II. Background

    On January 6, 1992, EPA designated the Cincinnati/Northern Kentucky
Area as a ``moderate'' ozone nonattainment area for the 1-hour ozone
standard (56 FR 56694). Therefore, pursuant to the requirements of
section 182(b)(3) of the CAA, the Commonwealth of Kentucky, developed
Kentucky Administrative Regulations (KAR) 401 KAR 59:174 Stage II
controls at gasoline dispensing facilities, and submitted the rule to
EPA for approval as part of Kentucky's ozone SIP. The rule was adopted
by the Commonwealth of Kentucky on January 12, 1998, and approved by
EPA into the SIP on December 8, 1998 (63 FR 67589).
    On April 6, 1994, EPA promulgated regulations requiring the phase-
in of on-board refueling vapor recovery (ORVR) systems on new motor
vehicles (59 FR 16262, 40 CFR 86.001 and 40 CFR 86.098). As a result,
the CAA no longer requires moderate areas to impose Stage II controls
under section 182(b)(3), and allows such areas to seek SIP revisions to
remove such requirements from their

SIP, subject to section 110(l) of the Act. Because Kentucky is taking
credit for Stage II in its maintenance plan, this action is subject to
section 110(l) of the CAA, which states:

    Each revision to an implementation plan submitted by a State
under this chapter shall be adopted by such State after reasonable
notice and public hearing. The Administrator shall not approve a
revision of a plan if the revision would interfere with any
applicable requirement concerning attainment and reasonable further
progress (as defined in section 7501 of this title), or any other
applicable requirement of this chapter.

    On October 29, 1999, KDAQ submitted, for EPA approval, a 1-hour
ozone maintenance plan and request for redesignation of the Cincinnati/
Northern Kentucky Area to attainment status. The redesignation request
and maintenance plan were approved by EPA, effective June 19, 2000 (65
FR 37879). Since the Kentucky Stage II program was already in place and
had been included in the Commonwealth's October 29, 1999, redesignation
request and 1-hour ozone maintenance plan for the Area, KDAQ elected
not to remove the program from the SIP at that time. On April 30, 2004,
EPA designated the Cincinnati/Northern Kentucky Area, as nonattainment
for the 1997 8-hour ozone national ambient air quality standard (NAAQS)
(69 FR 23857). The Cincinnati/Northern Kentucky Area remains designated
as nonattainment for the 1997 8-hour ozone standard, although based on
preliminary 2007-2008 data it looks as though the area may attain the
standard.
    On January 5, 2005, EPA published designations for the 1997 annual
and 24-hour PM2.5 standard (70 FR 944). The Cincinnati/
Northern Kentucky Area was designated as a nonattainment area for the
1997 annual PM2.5 standard and remains a nonattainment area
for that standard. However, this same area was designated as attainment
for the 1997 24-hour PM2.5 standard. On September 21, 2006,
EPA revised the 24-hour PM2.5 standard which in turn
initiated the designation process for the revised 24-hour ozone
standard. The Commonwealth of Kentucky submitted a letter dated
February 10, 2009, which requested that the Cincinnati/Northern
Kentucky Area be classified attainment for the revised 24-hour standard
based on 2006-2008 data. EPA has yet to publish the final rulemaking
with the final designations for the revised 24-hour PM2.5
standard but it is anticipated that this area will be designated
attainment for the revised daily PM2.5 standard based on
2006-2008 data.
    On February 4, 2009, Kentucky submitted a SIP revision for the
purpose of removing Stage II vapor control requirements at Avis Rent-A-
Car, and Budget Rent-A-Car facilities at the Cincinnati/Northern
Kentucky International Airport. This source-specific revision to the
Kentucky SIP is approvable pursuant to Section 110 of the CAA and EPA
guidance. The Commonwealth of Kentucky has confirmed that not less than
95 percent of vehicles at Avis Rent-A-Car and Budget Rent-A-Car
facilities located at the Cincinnati/Northern Kentucky International
Airport are equipped with ORVR. Kentucky has adequately demonstrated
that ORVR has supplanted Stage II requirements at Avis Rent-A-Car and
Budget Rent-A-Car facilities. The proposed rule provides additional
information regarding Kentucky's analysis.

III. Final Action

    EPA is taking final action to approve the February 4, 2009, SIP
revision request from Kentucky for the purpose of removing Stage II
vapor control requirements at Avis Rent-A-Car and Budget Rent-A-Car
facilities. This source-specific SIP revision is consistent with
Section 110 of the CAA.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves State law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by State
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 29, 2010. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Volatile organic compounds,
Ozone, Sulfur oxides, Nitrogen dioxide.

    Dated: November 16, 2009.
J. Scott Jordon,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42.U.S.C. 7401 et seq.

Subpart S--Kentucky

0
2. Section 52.920(d), is amended by adding a new entry at the end of
the table for ``Source-Specific SIP Revision for Avis Budget Car Rental
Group,'' to read as follows:

Sec.  52.920  Identification of plan.

* * * * *
    (d) * * *

                                                   EPA-Approved Kentucky Source-Specific Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                State
          Name of source                  Permit No.       effective date             EPA approval date                         Explanations
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source-Specific SIP Revision for    N/A..................          8/9/07  11/30/09..............................  Removal of stage II requirements
 Avis Budget Car Rental Group.                                             [Insert citation of publication]......
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. E9-28421 Filed 11-27-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Notices]
[Pages 10476-10477]
[FR Doc No: 2015-04003]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER15-1064-000]

California Clean Power Corp.; 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
California Clean Power Corp.'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 March 11, 2015.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic 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
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: February 19, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-04003 Filed 2-25-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 31, 2007 (Volume 72, Number 210)]
[Notices]
[Page 61630]
[DOCID:fr31oc07-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR08-1-000]

Enbridge Energy Company, Inc., Enbridge Energy, Limited
Partnership; Notice of Petition for Declaratory Order

October 24, 2007.
    Take notice that on October 18, 2007, Enbridge Energy Company, Inc.
and Enbridge Energy, Limited Partnership (collectively Petitioners),
pursuant to Rule 207(a)(2) of the Commission's Rules of Practice and
Procedure, 18 CFR 385.207(a)(2) (2007), tendered for filing to the
Commission a petition to issue a declaratory order approving the
proposed tariff structure relating to the Southern Access Extension
Pipeline. Because of the time-sensitive nature of this project,
Petitioners respectfully request that the Commission act on this
petition on or before February 1, 2008.
    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 and 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 date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not 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 online 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: 5 p.m Eastern Time November 16, 2007.

 Kimberly D. Bose,
Secretary.
 [FR Doc. E7-21388 Filed 10-30-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: July 29, 2010 (Volume 75, Number 145)]
[Notices]
[Page 44833-44835]
[DOCID:fr29jy10-94]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62566; File No. SR-OCC-2010-10]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend OCC's By-Laws and Rules To Change Its Method of Holding Certain
Securities Pledged by Members To Satisfy Margin and Clearing Fund
Obligations

July 23, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934,\1\ notice is hereby given that on July 1, 2010, The Options
Clearing Corporation (``OCC'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared
substantially by OCC. OCC filed the proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act \2\ and Rule 19b-4(f)(4) \3\
thereunder so that the proposal was effective upon filing with the
Commission. The Commission is publishing this notice to solicit

comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \3\ 17 CFR 240.19b-4(f)(4).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The proposed rule change would amend OCC's By-Laws and Rules to
change its method of holding certain securities pledged by Members to
satisfy margin and clearing fund obligations.

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

    In its filing with the Commission, OCC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. OCC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of such statements.

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

    The proposed rule change would amend OCC's By-Laws and Rules to
change OCC's method of holding certain securities pledged by Members to
satisfy margin and clearing fund obligations. Securities issued by the
United States or Canadian governments and securities issued by U.S.
government-sponsored enterprises (``Government Securities'') are among
the securities OCC's Members may deposit to satisfy margin and clearing
fund obligations. OCC currently permits Members to satisfy such
obligations by means of a paper pledge agreement or an electronic
pledge system of a depository approved by OCC.
    Instead of continuing to use these types of Government Securities
pledges, OCC proposes taking direct control of Government Securities
that Members pledge to satisfy margin and clearing fund obligations.
OCC would require that such pledged securities be held in an account in
the name of OCC and The EDP Pledge System would be retained during a
transition period designated by OCC.
    OCC believes this proposed change to how margin and clearing fund
deposits are held would enhance OCC's control of such securities and
would allow OCC to access such securities more efficiently. OCC intends
for the proposed change to relate only to the mechanism through which
the securities would be held and not to affect the respective rights of
OCC or its Members in the deposited securities. The general lien
granted under new paragraph (b) of Article VIII, Section 1 of OCC's By-
Laws, would replace the security interests created through the pledge
mechanisms where securities are held directly in OCC's name. To
preserve flexibility for OCC to be able to respond to unanticipated
circumstances, the amendment would allow OCC to specify a different
method of accepting margin and clearing fund deposits if necessary.
    The proposed change would also provide clarification regarding how
OCC would credit foreign currency toward clearing fund and margin
requirements. OCC does not presently accept foreign currency either as
clearing fund contributions or margin deposits. However, because
Canadian government securities are included in the definition of
Government Securities OCC could receive and could potentially hold
Canadian dollars it receives as interest on or as proceeds from those
securities. When determining the U.S. dollar value of such foreign
currency, OCC would conduct its valuations in the same way that it has
previously valued margin deposits of assets that are denominated in a
foreign currency. This involves using such exchange rates and
``haircuts'' as OCC deems appropriate. To reflect this policy, OCC is
proposing a minor amendment to Rule 604(e) as well as adding a similar
provision in Section 3 of Article VIII of the By-Laws.
    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(iii) of the Act \4\ and Rule 19b-4(f)(4) \5\ thereunder
because it effects a change in an existing service of a registered
clearing agency that does not adversely affect the safeguarding of
securities or funds in the custody or control of the clearing agency or
for which it is responsible and does not significantly affect the
respective rights or obligations of the clearing agency or persons
using the service. At any time within 60 days of the filing of the
proposed rule change, the Commission may summarily abrogate such rule
if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
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    \4\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \5\ 17 CFR 240.19b-4(f)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    OCC does not believe that the proposed rule change would impose any
burden on competition.

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

    OCC has not solicited or received written comments relating to the
proposed rule change. OCC will notify the Commission of any written
comments it receives.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(iii) of the Act \6\ and Rule 19b-4(f)(4) \7\ thereunder
because it effects a change in an existing service of a registered
clearing agency that does not adversely affect the safeguarding of
securities or funds in the custody or control of the clearing agency or
for which it is responsible and does not significantly affect the
respective rights or obligations of the clearing agency or persons
using the service. At any time within 60 days of the filing of the
proposed rule change, the Commission may summarily abrogate such rule
if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
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    \6\ 15 U.S.C. 78(b)(3)(A)(iii).
    \7\ 17 CFR 240.19b4-(f)(4).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-OCC-2010-10 on the subject line.
Paper Comments
     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File No. SR-OCC-2010-10. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will

post all comments on the Commission's Internet Web site (http://
www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent
amendments, all written statements with respect to the proposed rule
change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street, NE., Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at OCC's
principal office and on OCC's Web site at http://www.theocc.com/about/
publications/bylaws.jsp. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File No. SR-
OCC-2010-10 and should be submitted on or before August 19, 2010.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-18607 Filed 7-28-10; 8:45 am]
BILLING CODE 8010-01-P