Industrial Customer            Industrial Customer Organizations
 Organizations.                 consists of: American Forest & Paper
                                Association (AF&PA), Coalition of MISO
                                Transmission Customers (CMTC),
                                Electricity Consumers Resource Council
                                (ELCON), Industrial Energy Consumers of
                                America (IECA), and the PJM Industrial
                                Customer Coalition (PJMICC).
ISO-NE.......................  ISO New England Inc.
ITC..........................  International Transmission Company d/b/a
                                ITC Transmission, Michigan Electric
                                Transmission Company, LLC, ITC Midwest
                                LLC, and ITC Great Plains, LLC.
LADWP........................  Los Angeles Department of Water and
                                Power.
LineVision...................  LineVision, Inc.
MISO.........................  Midcontinent Independent System Operator,
                                Inc.
MISO Transmission Owners.....  MISO Transmission Owners consist of:
                                Ameren Services Company, as agent for
                                Union Electric Company d/b/a Ameren
                                Missouri, Ameren Illinois Company d/b/a
                                Ameren Illinois, and Ameren Transmission
                                Company of Illinois; American
                                Transmission Company LLC; Big Rivers
                                Electric Corporation; Central Minnesota
                                Municipal Power Agency; City Water,
                                Light & Power (Springfield, IL); Cleco
                                Power LLC; Cooperative Energy; Dairyland
                                Power Cooperative; Duke Energy Business
                                Services, LLC for Duke Energy Indiana,
                                LLC; East Texas Electric Cooperative;
                                Great River Energy; Hoosier Energy Rural
                                Electric Cooperative, Inc.; Indiana
                                Municipal Power Agency; Indianapolis
                                Power & Light Company; International
                                Transmission Company d/b/a ITC
                                Transmission; ITC Midwest LLC; Lafayette
                                Utilities System; Michigan Electric
                                Transmission Company, LLC; MidAmerican
                                Energy Company; Minnesota Power (and its
                                subsidiary Superior Water, L&P);
                                Missouri River Energy Services; Montana-
                                Dakota Utilities Co.; Northern Indiana
                                Public Service Company LLC; Northern
                                States Power Company, a Minnesota
                                corporation, and Northern States Power
                                Company, a Wisconsin corporation,
                                subsidiaries of Xcel Energy Inc.;
                                Northwestern Wisconsin Electric Company;
                                Otter Tail Power Company; Prairie Power
                                Inc.; Southern Illinois Power
                                Cooperative; Southern Indiana Gas &
                                Electric Company (d/b/a Vectren Energy
                                Delivery of Indiana); Southern Minnesota
                                Municipal Power Agency; Wabash Valley
                                Power Association, Inc.; and Wolverine
                                Power Supply Cooperative, Inc.
NERC.........................  North American Electric Reliability
                                Corporation.
New England State Agencies...  New England State Agencies consist of:
                                Connecticut Attorney General William
                                Tong; Massachusetts Attorney General
                                Maura Healey; the Connecticut Department
                                of Energy and Environmental Protection;
                                the Connecticut Office of Consumer
                                Counsel; the Maine Office of the Public
                                Advocate; the New Hampshire Consumer
                                Advocate; Peter F. Neronha, Rhode Island
                                Attorney General; and Thomas J. Donovan,
                                Jr., Attorney General of Vermont.
NRECA/LPPC...................  National Rural Electric Cooperative
                                Association (NRECA) and the Large Public
                                Power Council (LPPC).
NYISO........................  New York Independent System Operator,
                                Inc.
NYTOs........................  The New York Transmission Owners consist
                                of: Central Hudson Gas & Electric
                                Corporation (Central Hudson);
                                Consolidated Edison Company of New York,
                                Inc. (Consolidated Edison); Niagara
                                Mohawk Power Corporation d/b/a National
                                Grid (National Grid); New York Power
                                Authority (NYPA); New York State
                                Electric & Gas Corporation (NYSEG);
                                Orange and Rockland Utilities, Inc.
                                (O&R); Long Island Power Authority
                                (LIPA); and Rochester Gas and Electric
                                Corporation (RG&E).
Ohio FEA.....................  Public Utilities Commission of Ohio's
                                Office of the Ohio Federal Energy
                                Advocate.
OMS..........................  Organization of MISO States.
PacifiCorp...................  PacifiCorp.
PG&E.........................  Pacific Gas and Electric Company.
PJM..........................  PJM Interconnection, L.L.C.
Potomac Economics............  Potomac Economics, LTD.
Prysmian.....................  The Prysmian Group.
R Street Institute...........  R Street Institute.
SCE..........................  Southern California Edison Company.
SDG&E........................  San Diego Gas & Electric Company.
Southern Company.............  Solar Energy Industries Association.
SPP..........................  Southern Company Services, Inc.
SPP MMU......................  Southwest Power Pool, Inc.
Sunflower....................  Sunflower Electric Power Corporation.
Tangibl......................  Tangibl Group, Inc.
TAPS.........................  Transmission Access Policy Study Group.
UDPU.........................  Utah Division of Public Utilities.
Vistra.......................  Vistra Corp.
WAPA.........................  Western Area Power Administration.
WATT.........................  Working for Advanced Transmission
                                Technologies.
WFEC.........................  Western Farmers Electric Cooperative.
------------------------------------------------------------------------

Appendix B: Pro Forma Open Access Transmission Tariff

ATTACHMENT M

Transmission Line Ratings

General

    The Transmission Provider will implement Transmission Line
Ratings on the transmission lines over which it provides
Transmission Service, as provided below.

Definitions

    The following definitions apply for purposes of this Attachment:
    (1) ``Transmission Line Rating'' means the maximum transfer
capability of a transmission line, computed in accordance with a
written Transmission Line Rating methodology and consistent with
Good Utility Practice, considering the technical limitations on
conductors and relevant transmission equipment (such as thermal flow
limits), as well as technical limitations of the Transmission System
(such as system voltage and stability limits). Relevant transmission
equipment may include, but is not limited to, circuit breakers, line
traps, and transformers.
    (2) ``Ambient-Adjusted Rating'' (AAR) means a Transmission Line
Rating that:
    (a) Applies to a time period of not greater than one hour.
    (b) Reflects an up-to-date forecast of ambient air temperature
across the time period to which the rating applies.
    (c) Reflects the absence of solar heating during nighttime
periods, where the local sunrise/sunset times used to determine
daytime and nighttime periods are updated at least monthly, if not
more frequently.
    (d) Is calculated at least each hour, if not more frequently.
    (3) ``Seasonal Line Rating'' means a Transmission Line Rating
that:
    (a) Applies to a specified season, where seasons are defined by
the Transmission Provider to include not fewer than four seasons in
each year, and to reasonably reflect portions of the year where
expected high temperatures are relatively consistent.
    (b) Reflects an up-to-date forecast of ambient air temperature
across the relevant season over which the rating applies.
    (c) Is calculated annually, if not more frequently, for each
season in the future for which Transmission Service can be
requested.
    (4) ``Near-Term Transmission Service'' means Transmission
Service which ends not more than 10 days after the Transmission
Service request date. When the description of obligations below
refers to either a request for information about the availability of
potential Transmission Service (including, but not limited to, a
request for ATC), or to the posting of ATC or other information
related to potential service, the date that the information is
requested or posted will serve as the Transmission Service request
date. ``Near-Term Transmission Service'' includes any Point-To-Point
Transmission Service, Network Resource designations, or secondary
service where the start and end date of the designation or request
is within the next 10 days.
    (5) ``Emergency Rating'' means a Transmission Line Rating that
reflects operation for a specified, finite period, rather than
reflecting continuous operation. An Emergency Rating may assume an
acceptable loss of equipment life or other physical or safety
limitations for the equipment involved.

System Reliability

    If the Transmission Provider reasonably determines, consistent
with Good Utility Practice, that the temporary use of a Transmission
Line Rating different than would otherwise be required by this
Attachment is necessary to ensure the safety and reliability of the
Transmission System, then the Transmission Provider may use such an
alternate rating. The Transmission Provider must document in its
database of Transmission Line Ratings and Transmission Line Rating
methodologies on OASIS or another password-protected website, as
required by this Attachment, the use of an alternate Transmission
Line Rating under this paragraph, including the nature of and basis
for the alternate rating, the date and time that the alternate
rating was initiated, and (if applicable) the date and time that the
alternate rating was withdrawn and the standard rating became
effective again.

Obligations of Transmission Provider

    The Transmission Provider will have the following obligations.
    The Transmission Provider must use AARs as the relevant
Transmission Line Ratings when performing any of the following
functions: (1) Evaluating requests for Near-Term Transmission
Service; (2) responding to requests for information on the
availability of potential Near-Term Transmission Service (including
requests for ATC or other information related to potential service);
or (3) posting ATC or other information related to Near-Term
Transmission Service to the Transmission Provider's OASIS site or
another password-protected website.
    The Transmission Provider must use AARs as the relevant
Transmission Line Ratings when determining whether to curtail (under
section 13.6) Firm Point-To-Point Transmission Service or when
determining whether to curtail and/or interrupt (under section 14.7)
Non-Firm Point-To-Point Transmission Service if such curtailment
and/or interruption is both necessary because of issues related to
flow limits on transmission lines and anticipated to occur (start
and end) within 10 days of such determination. For determining
whether to curtail or interrupt Point-To-Point Transmission Service
in other situations, the Transmission Provider must use Seasonal
Line Ratings as the relevant Transmission Line Ratings.
    The Transmission Provider must use AARs as the relevant
Transmission Line Ratings when determining whether to curtail (under
section 33) or redispatch (under sections 30.5 and/or 33) Network
Integration Transmission Service or secondary service if such
curtailment or redispatch is both necessary because of issues
related to flow limits on transmission lines and anticipated to
occur (start and end) within 10 days of such determination. For
determining the necessity of curtailment or redispatch of Network
Integration Transmission Service or secondary service in other
situations, the Transmission Provider must use Seasonal Line Ratings
as the relevant Transmission Line Ratings.
    The Transmission Provider must use Seasonal Line Ratings as the
relevant Transmission Line Ratings when evaluating requests for and
whether to curtail, interrupt, or redispatch any Transmission
Service not otherwise covered above in this section (including, but
not limited to, requests for non-Near-Term Transmission Service or
requests to designate or change the designation of Network Resources
or Network Load), when developing any ATC or other information
posted or provided to potential customers related to such services.
The Transmission Provider must use Seasonal Line Ratings as a
recourse rating in the event that an AAR otherwise required to be
used under this Attachment is unavailable.
    The Transmission Provider must use uniquely determined Emergency
Ratings for contingency analysis in the operations horizon and in
post-contingency simulations of constraints. Such uniquely
determined Emergency Ratings must also include separate AAR
calculations for each Emergency Rating duration used.
    In developing forecasts of ambient air temperature for AARs and
Seasonal Line Ratings, the Transmission Provider must develop such
forecasts consistent with Good Utility Practice and on a non-
discriminatory basis.
    Postings to OASIS or another password-protected website: The
Transmission Provider must maintain on the password-protected
section of its OASIS page or on another password-protected website a
database of Transmission Line Ratings and Transmission Line Rating
methodologies. The database must include a full record of all
Transmission Line Ratings, both as used in real-time operations, and
as used for all future periods for which Transmission Service is
offered. Any postings of temporary alternate Transmission Line
Ratings or exceptions used under the System Reliability section
above or the Exceptions section below, respectively, are considered
part of the database. The database must include records of which
Transmission Line Ratings and Transmission Line Rating methodologies
were in effect at which times over at least the previous five years,
including records of which temporary alternate Transmission Line
Ratings or exceptions were in effect at which times during the
previous five years. Each record in the database must indicate which
transmission line the record applies to, and the date and time the
record was entered into the database. The database must be
maintained such that users can view, download, and query data in
standard formats, using standard protocols.
    Sharing with Transmission Providers: The Transmission Provider
must share, upon request by any Transmission Provider and in a
timely manner, the following information:
    (1) Transmission Line Ratings for each period for which
Transmission Line Ratings

are calculated, with updated ratings shared each time Transmission
Line Ratings are calculated, and
    (2) Written Transmission Line Rating methodologies used to
calculate the Transmission Line Ratings in (1) above.
    Exceptions: Where the Transmission Provider determines,
consistent with Good Utility Practice, that the Transmission Line
Rating of a transmission line is not affected by ambient air
temperature or solar heating, the Transmission Provider may use a
Transmission Line Rating for that transmission line that is not an
AAR or Seasonal Line Rating. Examples of such a transmission line
may include (but are not limited to): (1) A transmission line for
which the technical transfer capability of the limiting conductors
and/or limiting transmission equipment is not dependent on ambient
air temperature or solar heating; or (2) a transmission line whose
transfer capability is limited by a Transmission System limit (such
as a system voltage or stability limit) which is not dependent on
ambient air temperature or solar heating. The Transmission Provider
must document in its database of Transmission Line Ratings and
Transmission Line Rating methodologies on OASIS or another password-
protected website any exceptions to the requirements contained in
this Attachment initiated under this paragraph, including the nature
of and basis for each exception, the date(s) and time(s) that the
exception was initiated, and (if applicable) the date(s) and time(s)
that each exception was withdrawn and the standard rating became
effective again. If the technical basis for an exception under this
paragraph changes, then the Transmission Provider must update the
relevant Transmission Line Rating(s) in a timely manner. The
Transmission Provider must reevaluate any exceptions taken under
this paragraph at least every five years.

FEDERAL ENERGY REGULATORY COMMISSION

Managing Transmission Line Ratings
Docket No. RM20-16-000

(Issued December 16, 2021)

DANLY, Commissioner, concurring:

    1. I concur with the issuance of this final rule because I agree
that the record in this proceeding supports a finding that current
transmission rates are unjust and unreasonable because line rating
information is often inaccurate.\1\ The rates customers pay to
support transmission are distorted because the ratings that purport
to represent the true operating characteristics of the transmission
system are distorted. The voluminous record evidence in this
proceeding is sufficient to support a Federal Power Act section 206
action to remedy unjust and unreasonable rates.\2\ The record also
is sufficient to support the replacement rates we order in this
rule.
---------------------------------------------------------------------------

    \1\ Managing Transmission Line Ratings, 177 FERC ] 61,179 at P
29 (2021).
    \2\ 16 U.S.C. 824e.
---------------------------------------------------------------------------

    2. Of course, we cannot act pursuant to section 206 without
substantial record evidence that the existing rate is unjust and
unreasonable and further record support for a replacement rate. We
cannot impose a requirement for dynamic line ratings, for example,
because we do not have the record support to do so at this time.\3\
Action cannot be taken under section 206 merely because a potential
reform is a good idea or because a contemplated policy might yield
greater efficiencies.
---------------------------------------------------------------------------

    \3\ See Managing Transmission Line Ratings, 177 FERC ] 61,179 at
P 36 (declining to require dynamic line ratings).
---------------------------------------------------------------------------

    3. Here, I am persuaded that we have sufficient record evidence
to require ambient-adjusted ratings (AAR) on all transmission lines
because the record shows the existing paradigm significantly
distorts efficient use of the transmission system.\4\ In addition,
AAR is a just and reasonable replacement rate because the record
evidence shows the additional costs are incremental and will provide
significant benefits.
---------------------------------------------------------------------------

    \4\ Id. at P 83.
---------------------------------------------------------------------------

    4. In this case, the requirements of both steps of section 206
have been satisfied. As a Commission, we must ensure that every
action taken under section 206 fully meets these burdens and I will
apply the same rigorous analysis to every future section 206
proposal to improve the transmission system.
    For these reasons, I respectfully concur.

James P. Danly,

Commissioner.

[FR Doc. 2021-27735 Filed 1-12-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 209 (Tuesday, October 31, 2023)]
[Notices]
[Pages 74561-74562]
[FR Doc No: 2023-23968]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0050; FMCSA-2014-0381; FMCSA-2015-0119; FMCSA-
2019-0028; FMCSA-2019-0031]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for six
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.

DATES: The exemptions were applicable on September 30, 2023. The
exemptions expire on September 30, 2025.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001,<PHONE_NUMBER>, [email protected]. Office
hours are from 8:30 a.m. to 5 p.m. ET Monday through Friday, except
Federal holidays. If you have questions regarding viewing or submitting
material to the docket, contact Dockets Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments, go to www.regulations.gov. Insert the docket
number (FMCSA-2012-0050, FMCSA-2014-0381, FMCSA-2015-0119, FMCSA-2019-
0028, or FMCSA-2019-0031) in the keyword box and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.
ET Monday through Friday, except Federal holidays. To be sure someone
is there to help you, please call<PHONE_NUMBER> or<PHONE_NUMBER>
before visiting Dockets Operations.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption request. 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 (Federal Docket Management System), which can be
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of
the submitter.

II. Background

    On September 6, 2023, FMCSA published a notice announcing its
decision to renew exemptions for six individuals from the epilepsy and
seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV
in interstate commerce and requested comments from the public (88 FR
60734). The public comment period ended on October 5, 2023, and no
comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would likely achieve a level
of safety that is equivalent to, or greater than, the level that would
be achieved by complying with Sec.  391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based on its evaluation of the six renewal exemption applications,
FMCSA announces its decision to exempt the following drivers from the
epilepsy and seizure disorders prohibition in Sec.  391.41(b)(8).
    As of September 30, 2023, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following six individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers (88 FR
60734):

Ronald Boogay (NJ)
Todd Brock (CO)
Gary Cox (OR)
Tina Farmer (PA)
Marion Franklin Legg, Jr. (MD)
William Rainer, III (TX)

    The drivers were included in docket number FMCSA-2012-0050, FMCSA-
2014-0381, FMCSA-2015-0119, FMCSA-2019-0028, or FMCSA-2019-0031. Their
exemptions were applicable as of September 30, 2023 and will expire on
September 30, 2025.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (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
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-23968 Filed 10-30-23; 8:45 am]
BILLING CODE 4910-EX-P