[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Notices]
[Pages 29561-29563]
[FR Doc No: 2016-11228]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC16-6-000]

Commission Information Collection Activities (FERC-725J); Comment
Request

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Comment request.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, 44 U.S.C. 3507(a)(1)(D), the Federal Energy Regulatory
Commission (Commission or FERC) is submitting its information
collection FERC-725J (Definition of the

Bulk Electric System) to the Office of Management and Budget (OMB) for
review of the information collection requirements. Any interested
person may file comments directly with OMB and should address a copy of
those comments to the Commission as explained below. The Commission
previously issued a Notice in the Federal Register (81 FR 9179, 2/24/
2016) requesting public comments. The Commission received no comments
on the FERC-725J and is making this notation in its submittal to OMB.
    Note: Commission staff has revised the burden table, added an
information collection requirement, and revised the burden estimate.

DATES: Comments on the collection of information are due by June 13,
2016.

ADDRESSES: Comments filed with OMB, identified by the OMB Control No.
1902-0259, should be sent via email to the Office of Information and
Regulatory Affairs<EMAIL_ADDRESS>Attention: Federal Energy
Regulatory Commission Desk Officer. The Desk Officer may also be
reached via telephone at<PHONE_NUMBER>.
    A copy of the comments should also be sent to the Commission, in
Docket No. IC16-6-000, by either of the following methods:
     eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE.,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
<EMAIL_ADDRESS>by telephone at<PHONE_NUMBER>, and by fax at
(202) 273-0873.

SUPPLEMENTARY INFORMATION:
    Title: FERC-725J, Definition of the Bulk Electric System.
    OMB Control No.: 1902-0259.
    Type of Request: Three-year extension of the FERC-725J information
collection requirements with no changes to the reporting requirements.
    Abstract: On December 20, 2012, the Commission issued Order No.
773, a Final Rule approving NERC's modifications to the definition of
``bulk electric system'' and the Rules of Procedure exception process
to be effective July 1, 2013. On April 18, 2013, in Order No. 773-A,
the Commission largely affirmed its findings in Order No. 773. In Order
Nos. 773 and 773-A, the Commission directed NERC to modify the
definition of bulk electric system in two respects: (1) Modify the
local network exclusion (exclusion E3) to remove the 100 kV minimum
operating voltage to allow systems that include one or more looped
configurations connected below 100 kV to be eligible for the local
network exclusion; and (2) modify the exclusions to ensure that
generator interconnection facilities at or above 100 kV connected to
bulk electric system generators identified in inclusion I2 are not
excluded from the bulk electric system.
    Type of Respondents: Generator owners, distribution providers,
other NERC-registered entities.
    Estimate of Annual Burden: \1\ The Commission estimates the annual
public reporting burden \2\ for the information collection as:
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    \1\ The Commission defines burden as the total time, effort, or
financial resources expended by persons to generate, maintain,
retain, or disclose or provide information to or for a Federal
agency. For further explanation of what is included in the
information collection burden, reference 5 Code of Federal
Regulations 1320.3.
    \2\ The FERC-725J information collection no longer includes
reporting burden for ``System Review and List Creation'' and
``Regional and ERO Handling of Exception Requests''. These two
response categories were part of the reporting burden in Years 1 and
2 of the FERC-725J implementation and have been completed.
    \3\ The hourly cost figure (wages plus benefits) comes from the
Bureau of Labor Statistics (http://www.bls.gov/oes/current/naics2_22.htm). The figure is for an electric engineer ($62.38,
Occupational Code: 17-2071), file clerk ($30.53, Occupational Code:
43-4071), and a lawyer (129.12, Occupational Code: 23-0000); the
calculation is as follows: 60 hours of burden * $62.38 = $3,743; 32
hours * $30.53 = $977; 2 hours * $129.12 = $258. $3,743 + $977 +
$258 = $4,978.
    \4\ The hourly cost figure of $62.38 (wages plus benefits) comes
from the Bureau of Labor Statistics (http://www.bls.gov/oes/current/naics2_22.htm). The figure is for an electric engineer (Occupational
Code: 17-2071).
    \5\ The hourly cost figure (wages plus benefits) comes from the
Bureau of Labor Statistics (http://www.bls.gov/oes/current/naics2_22.htm). The figure is a weighted average comprised of hourly
figures for an electric engineer ($62.38, Occupational Code: 17-
2071), file clerk ($30.53, Occupational Code: 43-4071), and a lawyer
(129.12, Occupational Code: 23-0000); the calculation is as follows:
60 hours of burden * $62.38 = $3,743; 8 hours * $30.53 = $244; 24
hours * $129.12 = $3,099. $3,743 + $244 + $3,099 = $7,086.

                                                                        FERC-725J
                                                        [Definition of the bulk electric system]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Annual  number
                                          Number of     of  responses   Total number    Average burden and cost    Total annual  burden      Cost per
                                         respondents         per        of responses         per  response           hours  and total       respondent
                                                         respondent                                                    annual cost              ($)
                                                  (1)             (2)     (1) * (2) =  (4).....................  (3) * (4) = (5)........       (5) / (1)
                                                                                (3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Generator Owners, Distribution                     20               1              20  94 hrs.; $4,978 \3\.....  1,880 hrs.; $99,560....          $4,978
 Providers, and Transmission Owners
 (Exception Request).
All Registered Entities                           186               1             186  350 hrs.; $21,833 \4\...  65,100 hrs.; $4,060,938          21,833
 (Implementation Plans and
 Compliance).
Local Distribution Determinations....               8               1               8  92 hrs.; 7,086 \5\......  736 hrs.; $56,688......           7,086
                                      ------------------------------------------------------------------------------------------------------------------
    Total............................  ..............  ..............             214  ........................  67,716 hrs.; $4,217,186  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: May 5, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-11228 Filed 5-11-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 187 (Wednesday, September 28, 2022)]
[Notices]
[Pages 58789-58790]
[FR Doc No: 2022-20919]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4784-000]

 Topsham Hydro Partners Limited Partnership; Notice of
Authorization for Continued Project Operation

    The license for the Pejepscot Hydroelectric Project No. 4784 was

issued for a period ending August 31, 2022.
    Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1), requires the
Commission, at the expiration of a license term, to issue from year-to-
year an annual license to the then licensee(s) under the terms and
conditions of the prior license until a new license is issued, or the
project is otherwise disposed of as provided in section 15 or any other
applicable section of the FPA. If the project's prior license waived
the applicability of section 15 of the FPA, then, based on section 9(b)
of the Administrative Procedure Act, 5 U.S.C. 558(c), and as set forth
at 18 CFR 16.21(a), if the licensee of such project has filed an
application for a subsequent license, the licensee may continue to
operate the project in accordance with the terms and conditions of the
license after the minor or minor part license expires, until the
Commission acts on its application. If the licensee of such a project
has not filed an application for a subsequent license, then it may be
required, pursuant to 18 CFR 16.21(b), to continue project operations
until the Commission issues someone else a license for the project or
otherwise orders disposition of the project.
    If the project is subject to section 15 of the FPA, notice is
hereby given that an annual license for Project No. 4784 is issued to
the Topsham Hydro Partners Limited Partnership for a period effective
September 1, 2022, through August 31, 2023, or until the issuance of a
new license for the project or other disposition under the FPA,
whichever comes first. If issuance of a new license (or other
disposition) does not take place on or before August 31, 2023, notice
is hereby given that, pursuant to 18 CFR 16.18(c), an annual license
under section 15(a)(1) of the FPA is renewed automatically without
further order or notice by the Commission, unless the Commission orders
otherwise.
    If the project is not subject to section 15 of the FPA, notice is
hereby given that the Topsham Hydro Partners Limited Partnership is
authorized to continue operation of the Pejepscot Hydroelectric Project
under the terms and conditions of the prior license until the issuance
of a new license for the project or other disposition under the FPA,
whichever comes first.

    Dated: September 21, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-20919 Filed 9-27-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Notices]
[Pages 14660-14661]
[FR Doc No: 2011-6217]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2002-0033; FRL-9281-1]

Public Comment on the Development of Final Guidance for
Evaluating the Vapor Intrusion to Indoor Air Pathway From Contaminated
Groundwater and Soils (Subsurface Vapor Intrusion Guidance)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (``EPA'') is announcing an
opportunity for public comment on the development of a final guidance
entitled: Evaluating Vapor Intrusion to Indoor Air Pathway from
Contaminated Groundwater and Soil (Subsurface Vapor Intrusion
Guidance). A draft of the Subsurface Vapor Intrusion Guidance was
released for public comment in November 2002. EPA is planning to issue
the final guidance by November 30, 2012 and is seeking public comment
for consideration during the development of this document. EPA also
intends to make another draft of the guidance available for public
comment in the spring of 2012.

DATES: Comments received by May 14, 2011 will be considered in the
development of the final Subsurface Vapor Intrusion Guidance.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
RCRA-2002-0033, 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-2002-0033.
     Fax: Comments may be faxed to<PHONE_NUMBER>, Attention
Docket ID No. EPA-HQ-RCRA-2002-0033.
     Mail: U.S. Environmental Protection Agency; EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington,
DC 20460, Attention Docket ID No. EPA-HQ-RCRA-2002-0033. Please include
two copies of your submission.
     Hand Delivery: Deliver two copies of your submission to
Docket ID No. EPA-HQ-RCRA-2002-0033, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, D.C. 20460. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
     Listening Session: Oral and written comments will be
accepted at an internet and telephone-accessible public listening
session to be held on April 11, 2011 at EPA's First Floor Conference
Center in the Potomac Yard South Building located at: 2777 Crystal
Drive, Arlington, VA 22202. The listening session will begin at 9:00
a.m. and end at approximately 5 p.m. Advanced registration is requested
for those wishing to attend the listening session. Additional details,
including instructions for registering and attending via the internet,
is under Listening Session and available at: http://www.epa.gov/oswer/vaporintrusion. To participate by telephone only (and not internet) use
1-866-299-3188, access code<PHONE_NUMBER>.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-
2002-0033. EPA's policy is that all submissions 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 submission 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
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
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 comments. If you send an e-mail directly to EPA without going
through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the submission that is
placed in the public docket and made available on the Internet. If you
submit an electronic document, EPA recommends that you include your
name and other contact information in the body of your submission and
with any disk or CD-ROM you submit. If EPA cannot read your submission
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.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the RCRA Docket, EPA/
DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC,
20460. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Public Reading Room is<PHONE_NUMBER>, and

the telephone number for the RCRA Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Stiven Foster, Policy Analysis &
Regulatory Management Staff, Office of Program Management, Office of
Solid Waste and Emergency Response, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Mail Code 5103T, Washington, DC.
20460; telephone:<PHONE_NUMBER>; fax number;<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

    This notice is directed to the public in general, and may be of
interest to a wide range of stakeholders, including private citizens,
federal, tribal, state and local governments, environmental consulting
firms, industry representatives, environmental organizations and other
public interest groups. Since others may also be interested, the Agency
has not attempted to describe all the specific entities that may have
interest in this notice. If you have any questions regarding the
applicability of this action to a particular entity, consult the EPA
personnel listed under FOR FURTHER INFORMATION CONTACT.
    EPA is inviting the public to provide comments on the development
of final guidance for Evaluating Vapor Intrusion to Indoor Air Pathway
from Contaminated Groundwater and Soil (Subsurface Vapor Intrusion
Guidance). A draft version of the Subsurface Vapor Intrusion Guidance
was released in November 2002 (67 FR 71169), and a docket was
established for public comments: Docket ID No. EPA-HQ-RCRA-2002-0033.
The 2002 draft is available from the docket (http://www.regulations.gov) and at: http://www.epa.gov/epawaste/hazard/correctiveaction/eis/vapor.htm.
    EPA is planning to issue the final Subsurface Vapor Intrusion
Guidance by November 30, 2012 and has re-opened the docket for public
comment. Comments previously provided to the docket on the 2002 draft
of the Subsurface Vapor Intrusion Guidance, and any comment provided to
the docket before May 14, 2011, will be considered in the development
of the final document. The public will also be given an opportunity to
provide comments on a new draft of the guidance in the spring of 2012.
Details on how to provide new comments to the docket are provided under
ADDRESSES.
    EPA has prepared a document entitled Review of the Draft 2002
Subsurface Vapor Intrusion Guidance, which summarizes EPA's current
understanding of the portions of the 2002 Draft Subsurface Vapor
Intrusion Guidance that remain valid and those that may need to be
updated. In addition to updating portions of the 2002 draft, EPA plans
to incorporate the following information at the recommendation of its
Inspector General (Report No. 10-P-042):
     Updated toxicity values;
     A recommendation(s) to use multiple lines of evidence in
evaluating and making decisions about risk from vapor intrusion;
     How risk from petroleum hydrocarbons should be addressed;
     How the guidance applies to Superfund Five-Year reviews;
     When or whether preemptive mitigation is appropriate;
     Operations and maintenance of mitigation systems, the
termination of the systems, and when institutional controls and deed
restrictions are appropriate.

The public may want to provide comments on the 2002 draft Subsurface
Vapor Intrusion Guidance, the information that the Inspector General
has suggested incorporating into the final guidance, or other
information that EPA should consider when developing the final version
of the guidance.

II. Background

    Vapor intrusion can occur when there is migration of volatile
chemicals from contaminated groundwater or soil into a building.
Volatile chemicals may include volatile organic compounds, select semi-
volatile organic compounds, and under certain conditions some inorganic
compounds, such as elemental mercury, radon, and hydrogen sulfide.
Additional information about vapor intrusion can be found at http://www.epa.gov/oswer/vaporintrusion.

III. Listening Session

    In addition to seeking written comments, an internet and telephone-
accessible public listening session will be held on April 11, 2011. The
listening session will be held at the conference center in EPA's
Potomac Yard South Building located at: 2777 Crystal Drive, Arlington,
VA 22202. The listening session will begin at 9 a.m. and end at
approximately 5 p.m.
    The purpose of the listening session will be to allow all
interested parties to provide comments on the development on the final
Subsurface Vapor Intrusion Guidance. Advanced registration is requested
for those wishing to attend the listening session. Registration can be
by internet at http://www.epa.gov/oswer/vaporintrusion, by e-mail at
<EMAIL_ADDRESS>by phone<PHONE_NUMBER>, or by faxing a
registration request to<PHONE_NUMBER>. In your registration, please
reference the ``Vapor Intrusion Guidance Listening Session,'' your
name, title, affiliation, full address and contact information. When
you register, please indicate if you would like to make oral comments
at the session. In general, each oral comment should be no more than 15
minutes in length. If, however, there are more requests for oral
comments than the allotted time allows, the time limit for comments
will be adjusted. Written comments will also be accepted at the
listening sessions. A copy of the agenda for the listening session will
be available at the meeting. If no speakers have registered by five
calendar days prior to the listening session, it will be cancelled, and
EPA will notify those registered of the cancellation. Additional
details about the listening session, including instructions attending
via the internet, are available at: http://www.epa.gov/oswer/vaporintrusion. To participate by telephone only (and not internet) use
1-866-299-3188, access code<PHONE_NUMBER>.

    Dated: March 11, 2011.
Renee P. Wynn,
Director, Office of Program Management, Office of Solid Waste and
Emergency Response.
[FR Doc. 2011-6217 Filed 3-16-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 50 (Thursday, March 14, 2013)]
[Rules and Regulations]
[Pages 16189-16195]
[FR Doc No: 2013-05897]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 382, 383, 390, 391, 395, 396

[Docket No. FMCSA-2012-0378]
RIN 2126-AB58

Transportation of Agricultural Commodities

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

ACTION: Final rule.

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SUMMARY: FMCSA promulgates the regulatory exemptions for the
``transportation of agricultural commodities and farm supplies'' and
for ``covered farm vehicles'' and their drivers enacted by sections
32101(d) and 32934, respectively, of the Moving Ahead for Progress in
the 21st Century Act (MAP-21). Although prior statutory exemptions
involving agriculture are unchanged, some of these exemptions overlap
with MAP-21 provisions. In these cases, regulated entities will be able
to choose the exemption, or set of exemptions, under which to operate.
They must, however, comply fully with the terms of each exemption they
claim.

DATES: Effective date: This rule is effective March 14, 2013.
    Compliance dates: The Motor Carrier Safety Assistance Program
(MCSAP) requires participating States to adopt regulations compatible
with 49 CFR Parts 390-397 to remain eligible for MCSAP grants [49 CFR
350.201(a)]. Section 350.331(d) requires participating States to adopt
compatible regulations as soon as practicable after the effective date
of any newly adopted or amended FMCSA regulation, but no later than 3
years after that date. The amendments to Parts 390, 391, 395, and 396
made by this rule must therefore be adopted by March 14, 2016.
    Although the Commercial Driver's License (CDL) program in 49 CFR
part 383 is not covered by the MCSAP regulations, the States are
required by 49 U.S.C. 31314 (as implemented by 49 CFR part 384) to
comply with the requirements of Part 383 in order to avoid the
withholding of certain Federal-aid highway funds. Consistent with
FMCSA's previous practice, States must adopt the amendment made by this
rule by March 14, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Driver and Carrier
Operations,<PHONE_NUMBER> or<EMAIL_ADDRESS>Federal Motor Carrier
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001. Office hours are from
7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal
holidays.

SUPPLEMENTARY INFORMATION:

Table of Contents

Executive Summary
Acronyms and Abbreviations
Legal Basis for the Rulemaking
Background
Current Rules and MAP-21 Exemptions: Comparison and Discussion
Section-by-Section Analysis of the Final Rule
Regulatory Analyses

Executive Summary

Purpose of the Rule and Summary of Major Provision

    This rule promulgates Congressionally-mandated exemptions from the
Federal Motor Carrier Safety Regulations (FMCSRs) for certain
agricultural operations.
    Section 32101(d) of MAP-21, implemented as 49 CFR 395.1(k), expands
an hours-of-service (HOS) exemption for farm-related operations during
the planting and harvesting season (as defined by each State) that has
been in effect since 1995. Under the new provision, drivers
transporting agricultural commodities within a 150 (instead of 100)
air-mile radius of the farm or source of the commodities are exempt
from the HOS rules. Also exempt are retailers delivering farm supplies
for agricultural purposes within a 150 (instead of 100) air-mile radius
of their distribution point to a farm or other place where the supplies
will be used, and wholesalers delivering farm supplies within the same
radius to a retailer, farm, or place where they will be used.
    Section 32934 of MAP-21 created a new set of exemptions for
``covered farm vehicles'' (CFVs) and their drivers. The definition of a
CFV is discussed in the Background section below. Briefly, CFVs and
their drivers are exempt from the commercial driver's license (CDL) and
drug and alcohol testing regulations; the medical qualification
requirements; the hours of service limits; and vehicle inspection,
repair and maintenance rules. Vehicles transporting placardable
quantities of hazardous materials are not eligible for these
exemptions. The States will have to adopt these exemptions into their
own laws and regulations within 3 years in order to avoid the
withholding of certain Federal grant funds.

Costs and Benefits

    The benefits of the rule will take the form of reduced expenditures
in the agricultural sector. Neither the benefits nor the costs of the
exemptions can be estimated at this time. There will also be costs
associated with re-training Federal and State enforcement personnel on
the sometimes intricate details of the exemptions.

Acronyms and Abbreviations

CDL Commercial Driver's License
CFV Commercial Farm Vehicle
CMV Commercial Motor Vehicle
DOT Department of Transportation
FMCSA Federal Motor Carrier Safety Administration
FMCSRs Federal Motor Carrier Safety Regulations
HM Hazardous Materials
HOS Hours of Service
MAP-21 Moving Ahead for Progress in the 21st Century Act
MCSAP Motor Carrier Safety Assistance Program
NHS National Highway System

Legal Basis for the Rulemaking

    This rule is based on sections 32101(d) and 32934 of the Moving
Ahead for Progress in the 21st Century Act (MAP-21) (Pub. L. 112-141,
126 Stat. 405, 778, 830, July 6, 2012).
    Section 32101(d) expanded both the scope and the geographical reach
of an hours-of-service (HOS) exemption enacted by Sec. 345(a)(1) of the
National Highway System (NHS) Designation Act of 1995 [Pub. L. 104-59,
109 Stat. 568, 613, Nov. 28, 1995] and redesignated as Sec. 229 of the
Motor Carrier Safety Improvement Act of 1999 (MCSIA) [Pub. L. 106-159,
113 Stat. 1748, 1773, Dec. 9, 1999] by Sec. 4115 of the Safe
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU) [Pub. L. 109-59, 119 Stat. 1144, 1726, 1743-
1744, Aug. 10, 2005]. As so redesignated, section 229 of MCSIA was
amended by sections 4130-4132 of SAFETEA-LU [119 Stat. 1743-1744].
    Section 345(a)(1) of the NHS Designation Act created an exemption
from the HOS regulations for drivers transporting agricultural
commodities or farm supplies for agricultural purposes within a 100
air-mile radius of the source of the commodities or the distribution
point for the farm supplies, provided the transportation occurred
during the planting and harvesting seasons, as determined by each
State. Pursuant to the legislative history of the provision, FMCSA
interpreted Sec. 345(a)(1) as exempting only drivers transporting farm
supplies from a farm retailer to the ultimate consumer, typically a
farmer.
    Section 32101(d) supersedes that interpretation by expanding the
exemption to include drivers

transporting farm supplies from a wholesale or retail distribution
point to a farm or other location where the supplies are intended to be
used, and from a wholesale distribution point to a retail distribution
point. It also extended the geographical radius of the exemption from
100 to 150 air-miles.
    Section 32934 of MAP-21 created a series of exemptions from the
Federal Motor Carrier Safety Regulations (FMCSRs) for ``covered farm
vehicles'' (CFVs), as defined therein and explained in the Background
section below. Briefly, a CFV and its driver are exempt from any
requirement relating to (1) commercial driver's licenses (CDLs) or drug
and alcohol testing established under 49 U.S.C. chapter 313; (2)
medical certificates established under 49 U.S.C. chapter 311,
subchapter III, or 49 U.S.C. chapter 313; and (3) HOS and vehicle
inspection, repair, and maintenance established under 49 U.S.C. chapter
311, subchapter III, or 49 U.S.C. chapter 315.
    FMCSA must consider the ``costs and benefits'' of a rule before
adopting it (49 U.S.C. 31136(c)(2)(A) and 31502(d)).
    This rule simply adopts jurisdictional limitations enacted by
Congress, and FMCSA therefore finds ``good cause'' under 5 U.S.C. 553
to promulgate this rule as a final rule because prior notice and
comment would be ``unnecessary'' under the circumstances. The Agency
also finds ``good cause'' to make the rule effective upon publication
because it ``relieves a restriction'' [49 U.S.C. 553(d)(1)].

Background

    FMCSA and its predecessor agencies exercised their discretion to
adopt a number of exemptions related to agricultural operations.
Congress has also enacted statutory exemptions concerning agricultural
operations. To understand the impact of the amendments promulgated in
this final rule, the exemptions already in effect--both discretionary
and statutory--must first be described. We will then compare the MAP-21
provisions to the current exemptions.
    To be eligible for MCSAP grants, participating States agree to
adopt as State law motor carrier safety statutes and regulations that
are ``compatible'' with FMCSA's regulations. For State regulations
applicable to interstate commerce, ``compatible'' means identical to or
having the same effect as the Federal standards; for regulations
applicable to intrastate commerce, ``compatibility'' includes limited
variation from Federal standards (as specified in 49 CFR 350.341). To
retain MCSAP funding, participating States are required to adopt not
only Federal regulatory requirements but also Federal exemptions, both
discretionary and statutory. Similar rules apply to the CDL
regulations, as explained in the DATES section above. States
participating in MCSAP and the CDL program must adopt all of the
exemptions promulgated today within 3 years of the effective date of
this rule, or they will be ineligible to receive certain Federal funds.

Current Discretionary Exemptions

Part 383
    The regulations in 49 CFR Part 383 (Commercial Driver's License
Standards; Requirements and Penalties) include a number of exemptions.
The applicability provisions in Sec.  383.3 allow, but do not require,
the States to exempt from the mandate to obtain a CDL, operators of a
farm vehicle that would otherwise qualify as a ``commercial motor
vehicle'' requiring a CDL, provided the farm vehicle is (1) controlled
and operated by a farmer, including operation by employees or family
members; (2) used to transport either agricultural products, farm
machinery, farm supplies, or both, to or from a farm; (3) not used in
the operations of a common or contract motor carrier; and (4) used
within 241 kilometers (150 miles) of the farmer's farm [49 CFR
383.3(d)(1)]. Because the term ``farmer'' is not defined in part 383,
the definition in 49 CFR 390.5 applies:\1\ ``Farmer'' means any person
who operates a farm or is directly involved in the cultivation of land,
crops, or livestock which (1) are owned by that person or (2) are under
the direct control of that person. Similarly, because the term
``operators of a farm vehicle'' used in Sec.  383.3(d)(1) is not
defined in Sec.  383.5, the nearest equivalent term--``farm vehicle
driver,'' as defined in Sec.  390.5--is applicable. A ``farm vehicle
driver'' is a person who drives only a commercial motor vehicle that
is--(1) controlled and operated by a farmer as a private motor carrier
of property; (2) being used to transport either (a) agricultural
products or (b) farm machinery, farm supplies, or both, to or from a
farm; (3) not being used in the operation of a for-hire motor carrier;
(4) not carrying hazardous materials of a type or quantity that
requires the commercial motor vehicle to be placarded in accordance
with Sec.  177.823 of title 49, Code of Federal Regulations, and (5)
being used within 150 air-miles of the farmer's farm [49 CFR 390.5].
---------------------------------------------------------------------------

    \1\ Pursuant to the introductory clause of Sec.  390.5, the
definitions in that section apply ``Unless specifically defined
elsewhere in this subchapter'' (i.e., subchapter B of chapter III of
subtitle B of title 49, Code of Federal regulations, which covers 49
CFR Parts 350-399). Because ``farmer'' is not defined in Part 383,
the definition of that term in Sec.  390.5 is therefore applicable.
---------------------------------------------------------------------------

    It is important to note that, although the exemption authorized by
Sec.  383.3(d)(1) and the definition of a ``farm vehicle driver'' in
Sec.  390.5 are very similar, they are not identical. While Sec.
383.3(d)(1) makes no mention of placardable quantities of hazardous
materials (HM)--and thus appears to allow agricultural drivers
transporting HM an exemption from the CDL requirement--the definition
of a ``farm vehicle driver'' in Sec.  390.5 excludes drivers who meet
the other 4 elements of that definition if they are carrying
placardable quantities of HM. In other words, ``operators of a farm
vehicle'' under Sec.  383.3(d)(1), whom FMCSA treats as equivalent to
``farm vehicle drivers'' under Sec.  390.5, are not eligible for the
CDL exemption if they transport placardable quantities of HM.
    A driver who is not required to hold a CDL as a result of Sec.
383.3(d)(1) is also exempt from the FMCSA drug and alcohol testing
regulations [see 49 CFR 382.103(a)(1)].
    Section 383.3(e) allows Alaska to issue restricted CDLs to
applicants who do not comply with the test procedures in Subpart H of
Part 383. This partial exemption is utilized by few, if any, drivers
for agricultural operations.
    Section 383.3(f) allows States, under certain conditions, to issue
restricted CDLs to employees of 4 farm-related service industries,
specifically (1) agri-chemical businesses; (2) custom harvesters; (3)
farm retail outlets and suppliers; and (4) livestock feeders.
Part 391
    The driver qualification rules in 49 CFR part 391 (Qualifications
of Drivers and Longer Combination Vehicle (LCV) Driver Instructors)
also include discretionary exemptions.
    Section 391.2 sets forth 3 agriculture-related exemptions. (It
should be noted, however, that drivers otherwise exempt under Sec.
391.2 remain subject to the rules in Sec.  391.15(e) dealing with
disqualification for violating a prohibition on texting while driving a
CMV.)
    Section 391.2(a) exempts from the rules in Part 391 the driver of a
CMV controlled and operated by a person engaged in custom harvesting,
provided the CMV is used to transport (1) farm machinery, supplies, or
both, to or from a farm for custom-harvesting operations on a farm; or
(2) custom-harvested crops to storage or market.
    Section 391.2(b) exempts from the rules in Part 391 the driver of a
CMV controlled and operated by a beekeeper engaged in the seasonal
transportation

of bees. The exemption does not apply to a beekeeper's transportation
of honey.
    Section 391.2(c) exempts from the rules in Part 391 a ``farm
vehicle driver,'' as defined in Sec.  390.5, who drives a straight
truck (but not an articulated vehicle). As indicated above, a ``farm
vehicle driver'' is a person who drives only a CMV that is--(1)
controlled and operated by a farmer as a private motor carrier of
property; (2) being used to transport either (a) agricultural products
or (b) farm machinery, farm supplies, or both, to or from a farm; (3)
not being used in the operation of a for-hire motor carrier; (4) not
carrying hazardous materials of a type or quantity that requires the
commercial motor vehicle to be placarded in accordance with Sec.
177.823 of title 49, Code of Federal Regulations, and (5) being used
within 150 air-miles of the farmer's farm.
    Although the broad exemption in Sec.  391.2(c) for drivers of
straight trucks is not applicable to drivers of articulated vehicles,
Sec.  391.2(c) cross-references Sec.  391.67, which sets forth a
shorter list of exemptions available to farm vehicle drivers of
articulated CMVs. Section 391.67 exempts a ``farm vehicle driver,'' as
defined in Sec.  390.5, who is also at least 18 years of age and drives
an articulated CMV, from certain general qualification standards in
Sec.  391.11, specifically Sec.  391.11(b)(1), (6), and (8); this
driver is also exempt from Subparts C, D, and F of Part 391.
Part 395
    The HOS regulations in 49 CFR Part 395 include a variety of
exceptions that could apply to agricultural operations, though the
provisions described below were not intended specifically for that
purpose.
    Section 395.1(e)(1) allows drivers operating within a 100 air-mile
radius of their normal work-reporting location to dispense with normal
records of duty status (RODS, often called logs), provided they meet
certain other requirements.
    Section 395.1(e)(2) allows drivers operating vehicles that do not
require a CDL within a 150 air-mile radius of their normal work
reporting location to drive within a 16 hour window after coming on
duty (instead of the normal 14-hour driving window) 2 days per week,
providing other limits and recordkeeping requirements are met.
    Section 395.1(h) includes special HOS limits for drivers operating
in Alaska.
    Section 395.1(i) includes special HOS exemptions for drivers
operating in Hawaii.

Current Statutory Exemptions

    NHS Designation Act. Section 345(a)(1) of the NHS Designation Act
provided that the regulations regarding maximum driving and on-duty
time prescribed by the Department of Transportation under 49 U.S.C.
31136 and 31502 do not apply to drivers transporting agricultural
commodities or farm supplies for agricultural purposes in a State if
such transportation is limited to an area within a 100 air mile radius
of the source of the commodities or the distribution point for the farm
supplies and the transportation takes place during the planting and
harvesting seasons within that State, as determined by the State. The
terms ``agricultural commodities'' and ``farm supplies for agricultural
purposes'' were defined by section 4130(c) of SAFETEA-LU and enacted as
section 229(e) of MCSIA.
    The agricultural exemption from the hours-of-service (HOS)
regulations is codified in 49 CFR 395.1(k) and the statutory
definitions of ``agricultural commodities'' and ``farm supplies for
agricultural purposes'' are codified in Sec.  395.2.
    MAP-21. MAP-21 includes two different provisions applicable to
agricultural operations. Section 32101(d) enacted amendments to the HOS
exemption originally adopted in the NHS Designation Act, while Sec.
32934 promulgated a set of exemptions that covered many provisions of
the FMCSRs.
    Section 32101(d). Section 32101(d) amended the NHS Designation Act
exemption in two ways. First, it extended the geographical reach of the
exemption from 100 to 150 air-miles of the source of the agricultural
commodities or the distribution point of farm supplies for agricultural
purposes. Second, it extended the exemption to wholesalers of farm
supplies. As amended, the 150 air-mile radius is now measured from a
wholesale to a retail distribution point, or from a wholesale or retail
distribution point to a farm or other place where the supplies are
intended to be used.
    Section 32934. The exemptions created by Sec. 32934 are available
only to ``covered farm vehicles'' (CFVs) and their operators. The CFV
definition is complex, and the resulting exemptions sometimes overlap
or conflict with previous exemptions. The inconsistencies will be
discussed below.
    In order to make the implementing regulations more readable, FMCSA
has rephrased them. The statutory definition of a ``covered farm
vehicle'' is provided at Sec. 32934(c) of MAP-21.
    A ``covered farm vehicle'' (CFV), as defined in Sec. 32934, is a
straight truck or articulated vehicle (e.g., a large pickup, a truck
pulling a trailer, sometimes a standard tractor semitrailer
combination) registered in a State that is used by the owner or
operator of a farm or ranch (or an employee or family member of a farm
or ranch owner or operator) to transport agricultural commodities,
livestock, machinery or supplies, provided the truck has a license
plate or other designation issued by the State of registration that
allows law enforcement personnel to identify it as a farm vehicle.
Although a CFV may not be used in for-hire motor carrier operations, a
share-cropper's use of a vehicle to transport the landlord's share of
the crops may not be treated as a for-hire operation. If the CFV has a
gross vehicle weight (GVW) or gross vehicle weight rating (GVWR),
whichever is greater, of 26,001 pounds or less, it may take advantage
of the CFV exemption described below while operating anywhere in the
United States. A CFV with a GVW or GVWR, whichever is greater, above
26,001 pounds, may travel anywhere in the State of registration or
across State borders within 150 air miles of the home farm or ranch--
but the vehicle would lose its status as a CFV and the corresponding
exemptions if it exceeded these geographical limits. In large States
like Texas or California, the operator of a CFV with a GVW or GVWR
above 26,001 pounds will be able to travel much more than 150 air-miles
within the State. However, if the CFV crosses a State line, its exempt
operations under this MAP-21 provision are limited to a 150 air-mile
radius from the home farm or ranch.
    While Sec. 32934 identifies the Federal rules from which CFVs and
their drivers are exempt, it does so in statutory terms that would be
unfamiliar to most drivers and motor carriers, and difficult to use for
compliance or enforcement. FMCSA has therefore chosen to promulgate the
regulatory equivalents of the statutory terms.

Current Rules and MAP-21 Exemptions: Comparison and Discussion

Part 383

    The option granted the States in 49 CFR 383.3(d)(1) to exempt
certain operators of a farm vehicle from the CDL and drug and alcohol
testing regulations is very similar, but not identical, to the CDL
exemption created by MAP-21. While the exemption in Sec.  383.3(d)(1)
is available to the operator of a farm vehicle controlled and operated
by a

farmer, the CFV definition includes a ranch owner. Similarly, Sec.
383.3(d)(1) is limited to farmers transporting agricultural products,
farm machinery or farm supplies, while the CFV definition also includes
livestock. The exemption allowed by Sec.  383.3(d)(1), although
narrower than the MAP-21 exemption, is currently in effect in most (if
not all) States and immediately available to designated farmers.
Removing that exemption and requiring States to adopt the new exemption
would include a 3 year implementation period during which there may be
periods that farmers are not, in State statutes, provided any
exemption. FMCSA is therefore retaining Sec.  383.3(d)(1) at this time.
    The restricted CDLs allowed in Alaska [Sec.  383.3(e)] and for
certain farm-related service industries [Sec.  383.3(f)] have been
partially overtaken by MAP-21. Drivers of CFVs in Alaska and livestock
feeders anywhere who meet the conditions set forth in the definition of
a CFV in 49 CFR 390.5 would be completely exempt from the CDL
requirement--and thus from drug and alcohol testing, which is otherwise
applicable to these limited exemptions in Part 383. However, drivers
for agri-chemical businesses, custom harvesters, and farm retail
outlets and suppliers would not qualify for the CFV exemptions because
drivers of CFVs, by definition, must be farm owners or operators, or
their employees or family members. Sections 383.3(e) and (f) are being
retained because they remain available to drivers of vehicles that do
not qualify as CFVs.

Part 391

    Section 391.2(a), which provides an exception from Part 391 for
custom harvesters, is also being retained because those operations do
not meet the MAP-21 definition of a CFV, particularly the requirement
that the vehicle be operated by the owner or operator of a farm or
ranch. Custom harvesters move from one farm to another to harvest grain
but are not the owner or operator of a particular farm. In any case,
Sec.  391.2(a) is broader than Sec. 32934, which provides an exemption
only from Subpart E (Physical Qualifications and Examinations) of Part
391, not from all of Part 391.
    Section 391.2(b), which provides an exception from Part 391 for a
beekeeper using a CMV for the seasonal transportation of bees, is also
retained. Like custom harvesters, beekeepers do not meet the definition
of a CFV because they rarely operate a farm or ranch; they typically
place beehives on marginal farm or ranch land owned or operated by
someone else. Section 391.2(b) also provides an exception, not just
from Subpart E of Part 391, but from the entire Part.
    Section 391.2(c) provides an exception from all of Part 391, apart
from the rules on texting, for a ``farm vehicle driver'' (as defined in
Sec.  390.5) of a straight truck. On the other hand, Sec. 32934(a)(3)
of MAP-21 exempts CFV drivers only from ``any requirement relating to
medical certificates,'' which corresponds to Subpart E of Part 391.
Section 391.2(c) is substantially broader than Sec. 32934 and is
therefore being retained. Many ``farm vehicle drivers'' of straight
trucks could qualify as CFV drivers, and vice versa, but the two
provisions are not identical. For example, drivers of articulated CFVs
or CFVs operating beyond a radius of 150 air-miles from the home farm
or ranch would not qualify for the exemption in Sec.  391.2(c) because
only straight trucks are eligible and then only when used within 150
air-miles of the farmer's farm.
    Section 391.2(c) also refers to Sec.  391.67, which provides a more
limited, but still extensive, set of exceptions for ``farm vehicle
drivers'' of articulated vehicles. Under Sec.  391.67, a ``farm vehicle
driver'' who is at least 18 years old and drives an articulated CMV is
not subject to Subparts C, D, and F of Part 391. Subpart C covers
employment applications (Sec.  391.21), investigations of drivers'
safety performance history for the prior 3 years (Sec.  391.23), the
annual review of a driver's record with the state driver licensing
agency (Sec.  391.25), and the requirement for drivers to submit
annually, and for carriers to review, a list of all traffic convictions
during the preceding year (Sec.  391.27). Subpart D requires motor
carriers to subject newly-hired drivers to road tests (Sec.  391.31),
though certain equivalents are also acceptable (Sec.  391.33). Subpart
F requires motor carriers to maintain a qualification file on each
driver it employs (Sec.  391.51) as well as the records relating to its
safety performance history investigations undertaken pursuant to Sec.
391.23 (Sec.  391.53). Any motor carrier that uses an instructor to
train longer combination vehicle (LCV) drivers must maintain a
qualification file on each instructor (Sec.  391.55). Finally, Sec.
391.67 excepts covered farm vehicle drivers from Sec.  391.11(b)(1),
requiring them to be at least 21 years old (Sec.  391.67(a)). While
MAP-21 exempts the driver of a CFV from ``any requirement relating to
medical certificates'' [Sec. 32934(a)(3)], which corresponds to Subpart
E of Part 391, Sec.  391.67 excepts farm vehicle drivers of articulated
vehicles from many requirements except those relating to medical
qualifications. Section 391.67 is thus quite different from the CFV
exemption. Determining the applicability of these exceptions and
exemptions will require a careful factual evaluation of the operations
in question.

Part 395

    Sections 395.1(e)(1) and (2) are currently available to many kinds
of commercial motor vehicle drivers. Some of them may be farm or ranch
operators--one of the elements in the definition of a CFV--but many are
drivers for general trucking operations that are not eligible for the
CFV exemption.
    Drivers in Alaska and Hawaii who are currently operating under
Sec.  395.1(h) and (i) may continue to do so, but some of them may now
be eligible for the MAP-21 exemptions.

Section-by-Section Description of Final Rule

    Part 382 is amended by adding ``covered farm vehicle'' drivers to
the list of exceptions from the drug and alcohol testing requirements
in Sec.  382.103(d). This amendment has preemptive effect pursuant to
49 U.S.C. 31306(g), which provides that ``[a] State or local government
may not prescribe or continue in effect a law, regulation, standard, or
order that is inconsistent with the regulations prescribed under this
section. Although States must comply with this rule, the change to Part
382 is self-executing in the sense that a person exempt from the
requirement to obtain a CDL, as provided by this rule, is also exempt
from drug and alcohol testing, since testing is required only for CDL
holders.
    Part 383 is amended by adding paragraph (h) to Sec.  383.3
explaining that the CDL requirements do not apply to a CFV driver.
    Part 390 is amended by adding the definition of a ``covered farm
vehicle'' to the list of definitions in Sec.  390.5. The exemptions for
``covered farm vehicles'' and their drivers are codified as Sec.
390.39(a). Section 390.39(b)(1) explains that MCSAP funds may not be
withheld merely because a State exempts CFVs from State requirements
relating to the operation of that vehicle. Section 390.39(b)(2)
explains that CFVs transporting placardable quantities of hazardous
materials (HM) are not eligible for the exemptions in Sec.  390.39(a).
This provision is based on FMCSA's interpretation of Sec. 32934(b)(2)
of MAP-21. As promulgated by Sec.  390.39(b)(1) of this rule, Sec.
32934(b)(1) of MAP-21 clearly prohibits the withholding of MCSAP funds
from

States that exempt CFVs ``from any State requirement relating to the
operation of that vehicle'' (emphasis added). However, because Sec.
32934(b)(2) makes Sec. 32934(b)(1) inapplicable to CFVs transporting
placardable quantities of HM, it thus authorizes FMCSA to withhold
MCSAP funds from States that exempt such CFVs ``from any State
requirement relating to the operation of that vehicle,'' including the
exemptions otherwise available to CFVs under Sec. 32934(a).
    Part 391 is amended by adding paragraph (d) to the general
exceptions in Sec.  391.2. Paragraph (d) describes the exemptions
applicable to drivers of ``covered farm vehicles.''
    Part 395 is amended by revising the provision on ``agricultural
operations'' in Sec.  395.1(k) to include the changes made by Sec.
32101(d) and by adding new Sec.  395.1(s) to exempt drivers of
``covered farm vehicles'' from the HOS regulations.
    Part 396 is amended by adding paragraph (c) to Sec.  396.1, Scope,
to exempt drivers of ``covered farm vehicles'' from the regulations on
inspection, repair, and maintenance.

Regulatory Analyses

Regulatory Planning and Review

    FMCSA has determined that this action is not a ``significant
regulatory action'' under Executive Order 12866, as supplemented by
Executive Order 13563 (76 FR 3821, January 18, 2011), and DOT
regulatory policies and procedures (44 FR 1103, February 26, 1979).
Neither the benefits nor the costs of this rule can be reliably
estimated. The benefits consist of reductions in the expenditures that
parts of the agricultural sector of the economy would otherwise incur
in order to comply with regulatory requirements from which MAP-21
provides exemptions. Both the current costs of those regulatory
requirements and the value of the exemptions are unknown. In fact, the
number of drivers who will qualify for the exemptions is itself
unknown. Neither the benefits nor the costs of the exemptions can be
estimated at this time. However, the benefits of the rule will take the
form of reduced expenditures in the agricultural sector and there will
be some costs associated with re-training Federal and State enforcement
personnel on the sometimes intricate details of the exemptions.
    Nonetheless, the Agency does not believe that the economic costs of
the rule would exceed the $100 million annually, and Congressional or
public interest in the rule is likely to focus on demands for its
immediate publication so that the exemptions can be utilized. This rule
has not been reviewed by the Office of Management and Budget (OMB).

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because this rule promulgates
jurisdictional limitations enacted by Congress, as explained in the
Legal Basis section above, FMCSA has determined that it has good cause
to adopt the rule without notice and comment. An RFA analysis is
therefore not required. This final rule also complies with the
President's memorandum of January 18, 2011, entitled ``Regulatory
Flexibility, Small Business, and Job Creation'' (76 FR 3827).

Federalism (Executive Order 13132)

    A rule has federalism implications if it has a substantial direct
effect on State or local governments and would either preempt State law
or impose a substantial direct cost of compliance on the States. FMCSA
analyzed this rule under E.O. 13132 and has determined that it has no
federalism implications.

Unfunded Mandates Reform Act of 1995

    This rule does not impose an unfunded Federal mandate, as defined
by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et seq.),
that will result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $143.1
million (which is the value of $100 million in 2010 after adjusting for
inflation) or more in any 1 year.

Executive Order 12988 (Civil Justice Reform)

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    FMCSA analyzed this action under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. The
Agency has determined that this rule will not create an environmental
risk to health or safety that may disproportionately affect children.

Executive Order 12630 (Taking of Private Property)

    FMCSA reviewed this rule in accordance with Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and has determined it does not effect a taking of
private property or otherwise have taking implications.

Privacy Impact Assessment

    Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447,
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to
conduct a privacy impact assessment (PIA) of a regulation that affects
the privacy of individuals. This rule will not require the collection
of any personally identifiable information.
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency which receives records contained in a system
of records from a Federal agency for use in a matching program. FMCSA
has determined this rule will not result in a new or revised Privacy
Act System of Records for FMCSA.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this program.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from the OMB for each
collection of information they conduct, sponsor, or require through
regulations. This rule does not require a new information collection.
However the rule reduces by an unknown amount the information
collection burden for driver physical qualifications under Part 391,
HOS under Part 395, and inspection, repairs and maintenance under Part
396.

National Environmental Policy Act and Clean Air Act

    FMCSA analyzed this rule in accordance with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and
FMCSA's NEPA Implementing Procedures and Policy for Considering
Environmental Impacts, Order 5610.1 (FMCSA Order), March 1, 2004 (69 FR
9680). FMCSA's Order states that ``[w]here FMCSA has no discretion to
withhold or condition an action if the action is taken in accordance
with specific statutory criteria and FMCSA

lacks control and responsibility over the effects of an action, that
action is not subject to this Order.'' Id. at chapter 1(D) (69 FR
9684). Because Congress limited the Agency's normal safety jurisdiction
through the MAP-21 exemptions promulgated today, this rulemaking falls
under chapter 1(D). Therefore, no further analysis is necessary.
    In addition to the NEPA requirements to examine impacts on air
quality, the Clean Air Act (CAA) as amended (42 U.S.C. 7401 et seq.)
also requires FMCSA to analyze the potential impact of its actions on
air quality and to ensure that FMCSA actions conform to State and local
air quality implementation plans. This non-discretionary action is
expected to fall within the CAA de minimis standards and is not subject
to the Environmental Protection Agency's General Conformity Rule (40
CFR parts 51 and 93).

Executive Order 13211 (Energy Effects)

    FMCSA has analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution or Use. The Agency has determined that it is not a
``significant energy action'' under that Executive Order because it is
not economically significant and is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.

List of Subjects

49 CFR Part 382

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety,
Transportation.

49 CFR Part 383

    Administrative practice and procedure, Alcohol abuse, Commercial
driver's license, Commercial motor vehicles, Drug abuse, Highway
safety, Motor carriers, Motor vehicle safety.

49 CFR Part 390

    Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.

49 CFR Part 391

    Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor
carriers, Reporting and recordkeeping requirements, Safety,
Transportation.

49 CFR Part 395

    Highway safety, Motor carriers, Reporting and recordkeeping
requirements.

49 CFR Part 396

    Highway safety, Motor carriers, Motor vehicle safety, Reporting and
recordkeeping requirements.

    For the reasons stated in the preamble, FMCSA amends 49 CFR Parts
382, 383, 390, 391, 395, and 396 in title 49, Code of Federal
Regulations, chapter III, subchapter B, as follows:

PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

0
1. The authority citation for Part 382 is revised to read as follows:

    Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec.
32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.

0
2. Amend Sec.  382.103 by adding paragraph (d)(4) to read as follows:

Sec.  382.103  Applicability.

* * * * *
    (d) * * *
    (4) Who operate ``covered farm vehicles,'' as defined in 49 CFR
390.5.

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES

0
3. The authority citation for Part 383 is revised to read as follows:

    Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs.
214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec.
4140 of Pub. L. 109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L.
112-141, 126 Stat. 405, 830; and 49 CFR 1.87.

0
4. Amend Sec.  383.3 by adding paragraph (h) to read as follows:

Sec.  383.3  Applicability.

* * * * *
    (h) Exception for drivers of ``covered farm vehicles.'' The rules
in this part do not apply to a driver of a ``covered farm vehicle,'' as
defined in Sec.  390.5 of this chapter.

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

0
5. The authority citation for Part 390 is revised to read as follows:

    Authority: 49 U.S.C. 504, 508, 31132, 31133, 31136, 31144,
31151, 31502; sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677-1678;
sec. 212, 217, 229, Pub. L. 106-159, 113 Stat. 1748, 1766, 1767;
sec. 229, Pub. L. 106-159 (as transferred by sec. 4114 and amended
by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743-
1744); sec. 4136, Pub. L. 109-59, 119 Stat. 114, 1745; sections
32101(d) and 34934, Pub. L. 112-141, 126 Stat. 405, 778, 830; and 49
CFR 1.87.

0
6. Amend Sec.  390.5 by adding a definition of ``Covered farm vehicle''
in alphabetical order to read as follows:

Sec.  390.5  Definitions.

* * * * *
    Covered farm vehicle--
    (1) Means a straight truck or articulated vehicle--
    (i) Registered in a State with a license plate or other designation
issued by the State of registration that allows law enforcement
officials to identify it as a farm vehicle;
    (ii) Operated by the owner or operator of a farm or ranch, or an
employee or family member of a an owner or operator of a farm or ranch;
    (iii) Used to transport agricultural commodities, livestock,
machinery or supplies to or from a farm or ranch; and
    (iv) Not used in for-hire motor carrier operations; however, for-
hire motor carrier operations do not include the operation of a vehicle
meeting the requirements of paragraphs (1)(i) through (iii) of this
definition by a tenant pursuant to a crop share farm lease agreement to
transport the landlord's portion of the crops under that agreement.
    (2) Meeting the requirements of paragraphs (1)(i) through (iv) of
this definition:
    (i) With a gross vehicle weight or gross vehicle weight rating,
whichever is greater, of 26,001 pounds or less may utilize the
exemptions in Sec.  390.39 anywhere in the United States; or
    (ii) With a gross vehicle weight or gross vehicle weight rating,
whichever is greater, of more than 26,001 pounds may utilize the
exemptions in Sec.  390.39 anywhere in the State of registration or
across State lines within 150 air miles of the farm or ranch with
respect to which the vehicle is being operated.
* * * * *

0
7. Add new Sec.  390.39 to subpart B to read as follows:

Sec.  390.39  Exemptions for ``covered farm vehicles.''

    (a) Federal requirements. A covered farm vehicle, as defined in
Sec.  390.5, including the individual operating that vehicle, is exempt
from the following:
    (1) Any requirement relating to commercial driver's licenses in 49
CFR Part 383 or controlled substances and alcohol use and testing in 49
CFR Part 382;
    (2) Any requirement in 49 CFR Part 391, Subpart E, Physical
Qualifications and Examinations.
    (3) Any requirement in 49 CFR Part 395, Hours of Service of
Drivers.
    (4) Any requirement in 49 CFR Part 396, Inspection, Repair, and
Maintenance.

    (b) State requirements--(1) In general.--Federal transportation
funding to a State may not be terminated, limited, or otherwise
interfered with as a result of the State exempting a covered farm
vehicle, including the individual operating that vehicle, from any
State requirement relating to the operation of that vehicle.
    (2) Exception.--Paragraph (b)(1) of this section does not apply
with respect to a covered farm vehicle transporting hazardous materials
that require a placard.
    (c) Other exemptions and exceptions.--The exemptions in paragraphs
(a) and (b) of this section are in addition to, not in place of, the
agricultural exemptions and exceptions in Sec. Sec.  383.3(d)(1),
383.3(e), 383.3(f), 391.2(a), 391.2(b), 391.2(c), 391.67, 395.1(e)(1),
395.1(e)(2), 395.1(h), 395.1(i), and 395.1(k) of this chapter. Motor
carriers and drivers may utilize any combination of these exemptions
and exceptions, providing they comply fully with each separate
exemption and exception.

PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS

0
8. The authority citation for Part 391 is revised to read as follows:

    Authority: 49 U.S.C. 504, 508, 31133, 31136, and 31502; sec.
4007(b) of Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114 of Pub.
L. 103-311, 108 Stat. 1673, 1677; sec. 215 of Pub. L. 106-159, 113
Stat. 1748, 1767; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830;
and 49 CFR 1.87.

0
9. Amend Sec.  391.2 by adding paragraph (d) to read as follows:

Sec.  391.2  General exceptions.

* * * * *
    (d) Covered farm vehicles. The rules in part 391, Subpart E--
Physical Qualifications and Examinations--do not apply to drivers of
``covered farm vehicles,'' as defined in 49 CFR 390.5.

PART 395--HOURS OF SERVICE OF DRIVERS

0
10. The authority citation for Part 395 is revised to read as follows:

    Authority: 49 U.S.C. 504, 31133, 31136, 31137, and 31502; sec.
113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-
159 (as transferred by sec. 4115 and amended by secs. 4130-4132,
Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744); sec. 4133, Pub.
L. 109-59, 119 Stat. 1144, 1744; sec. 108, Pub. L. 110-432, 122
Stat. 4860-4866; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830;
and 49 CFR 1.87.

0
11. Amend Sec.  395.1 by revising paragraph (k) and adding a new
paragraph (s) to read as follows:

Sec.  395.1  Scope of rules in this part.

* * * * *
    (k) Agricultural operations. The provisions of this part shall not
apply during planting and harvesting periods, as determined by each
State, to drivers transporting
    (1) Agricultural commodities from the source of the agricultural
commodities to a location within a 150 air-mile radius from the source;
    (2) Farm supplies for agricultural purposes from a wholesale or
retail distribution point of the farm supplies to a farm or other
location where the farm supplies are intended to be used within a 150
air-mile radius from the distribution point; or
    (3) Farm supplies for agricultural purposes from a wholesale
distribution point of the farm supplies to a retail distribution point
of the farm supplies within a 150 air-mile radius from the wholesale
distribution point.
* * * * *
    (s) Covered farm vehicles. The rules in this part do not apply to
drivers of ``covered farm vehicles,'' as defined in 49 CFR 390.5.

PART 396--INSPECTION, REPAIR, AND MAINTENANCE

0
12. The authority citation for Part 396 is revised to read as follows:

    Authority: 49 U.S.C. 504, 31133, 31136, 31151, and 31502; sec.
32934, Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.

0
13. Amend Sec.  396.1 by adding a new paragraph (c) to read as follows:

Sec.  396.1  Scope.

* * * * *
    (c) This part does not apply to ``covered farm vehicles,'' as
defined in 49 CFR 390.5, or to the drivers of such vehicles.

    Issued under the authority delegated in 49 CFR 1.87 on: March 8,
2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-05897 Filed 3-13-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Notices]
[Page 27529]
[FR Doc No: E9-13538]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-1193-000]

Palmco Power CT, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

June 3, 2009.
    This is a supplemental notice in the above-referenced proceeding of
Palmco Power CT, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR Part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability, is June 23, 2009.
    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
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., 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 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 dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-13538 Filed 6-9-09; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Notices]
[Pages 71365-71366]
[FR Doc No: 2020-24788]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90326; File No. SR-NYSEArca-2020-82]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change To Amend the Exchange's Co-Location Services To Establish
Procedures for the Allocation of Cabinets to Its Co-Located Users

November 3, 2020.
    On September 2, 2020, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to establish procedures as part of the Exchange's
co-location rules to allocate cabinets to its co-located users in
situations where the Exchange cannot satisfy the user demand for
cabinets. The proposed rule change was published for comment in the
Federal Register on September 22, 2020.\3\ The Commission received no
comments on the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 89883 (September 16,
2020), 85 FR 59568 (SR-NYSEArca-2020-82).
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding, or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is November 6, 2020. The Commission is extending this 45-day time
period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider the proposed rule change. Accordingly, the
Commission, pursuant to Section 19(b)(2) of the Act,\5\ designates
December 21, 2020, as the date by which the Commission shall either
approve or disapprove, or

institute proceedings to determine whether to disapprove, the proposed
rule change (File No. SR-NYSEArca-2020-82).
---------------------------------------------------------------------------

    \5\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-24788 Filed 11-6-20; 8:45 am]
BILLING CODE 8011-01-P


65488 Federal Register / Vol. 66, No. 244 / Wednesday, December 19, 2001 / Notices 3. Provide copies of any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the notice. 7. Make sure to submit your comments by the deadline in this document. 8. To ensure proper receipt by EPA, be sure to identify the docket control number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. Background Growth Products Ltd., P. O. Box 1259, White Plains, NY 10602 has requested an EUP for the microbial pesticide Companion TM , based on the active ingredient Bacillus subtilis Strain GB03. The proposed duration of the proposed program is 2 years. The EUP is being requested to obtain efficacy and phytotoxicity data, evaluate application rates, and evaluate timing to establish disease control. The target pests include root diseases such as Rhizoctonia, Pythium, Erwinia, Fusarium, Phytopthora, Verticillium, Sclerotinia, Botyris, Anthracnose, fire blight, wilt, crown rot, root rot, downy mildew, and damping off. The proposed experimental program is to cover a total of 200 acres in 5 states, as follows: California, Florida, New York, North Dakota, and Washington. The rate of application of the pesticide is to be: for field crops, 32 oz. per acre in sufficient water to ensure full coverage; for soil drench application, 16 oz. in 100 gallons of water for cell/ plug production; and 1 oz. per 30 gallons of water for closed systems (ebb and flow) and hydroponics. Proposed crop treatment sites include apples, broccoli, celery, citrus, cotton, grapes (raisin, table and wine), herbs and spices, lettuce (iceberg and leaf), melons, onions, potatoes, strawberries, sunflower, tobacco, and tomatoes. Disease severity and intensity will be observed, as well as measurements of root growth in both length and mass, leaf color, and tissue analysis of nutrient levels, all of which are indicators of healthy plants. Ground methods of application are proposed, including soil drench application by injection into irrigation systems, and closed systems (ebb and flow) and hydroponics by incorporation into closed continuous recirculation systems.

III. What Action is the Agency Taking?

Following the review of the Growth Products Limited application and any comments and data received in response to this notice, EPA will decide whether to issue or deny the EUP request for this EUP program, and if issued, the conditions under which it is to be conducted. Any issuance of an EUP will be announced in the Federal Register.

IV. What is the Agency's Authority for Taking this Action?

The Agency's authority for taking this action is under 40 CFR part 172, subpart A.

List of Subjects Environmental protection, Experimental use permits.

December 11, 2001. Kathleen F. Knox, Acting Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.

[FR Doc. 01– 31247 Filed 12– 18– 01; 8: 45 am]

BILLING CODE 6560– 50– S ENVIRONMENTAL PROTECTION AGENCY [FRL– 7119– 6]

Extension of Public Comment Period for EPA Staff White Paper That Explores a Number of Options for Addressing Boutique Fuels in the Longer Term AGENCY: Environmental Protection Agency.

ACTION: Extension of public comment period for EPA Staff White Paper that explores a number of options for addressing boutique fuels in the longer term.

In the November 14, 2001 Federal Register, (66 FR 57099) EPA published a notice of availability and requested public review and comment on the Staff White Paper entitled: `` Study of Unique Gasoline Fuel Blends (`` Boutique Fuels''), Effects on Fuel Supply and Distribution and Potential Improvements. '' This notice extends the end of the public comment period to January 30, 2002.

FOR FURTHER INFORMATION CONTACT: Julia Macallister, Office of Air Quality and Transportation, (734) 214– 4131, or by Email at macallister. julia@ epa. gov. Dated: December 12, 2001. Robert Brenner, Acting Assistant Administrator, Office of Air and Radiation, U. S. Environmental Protection Agency. [FR Doc. 01– 31244 Filed 12– 18– 01; 8: 45 am]

BILLING CODE 6560– 50– P ENVIRONMENTAL PROTECTION AGENCY [OPP– 00755; FRL– 6814– 8]

Pesticides; Expedited Review of Experimental Use Permits (EUPs) for Conventional Pesticides AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

SUMMARY: The Agency seeks public comment on a draft Pesticide Registration (PR) Notice titled `` Guidelines for Expedited Review of Experimental Use Permits (EUPs) for Conventional Pesticides. '' This draft Notice provides criteria that, if met, can result in a greater number of food use EUPs being issued on an expedited basis for conventional pesticides. EUP applications submitted that meet all of the criteria identified in the Notice will be expedited through the Agency's review process and registrants will not need to utilize their priority slots. The Notice applies to all applicants for EUPs for non antimicrobial, conventional pesticides. The Notice does not apply to biological pesticides because these pesticides present different risk factors and because the Agency has not heard that the lack of biological pesticide EUPs is an issue.

DATES: Comments, identified by docket control number OPP– 00755, must be received on or before February 19, 2002.

ADDRESSES: Comments may be submitted by mail, electronically, or in person. Please follow the detailed instructions for each method as provided in Unit I. C. of the SUPPLEMENTARY INFORMATION. To ensure proper receipt by EPA, it is imperative that you identify docket control number OPP– 00755 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Rachel Holloman, Registration Division (7505C), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (703) 305– 7193; fax number: (703) 305– 6920; e mail address: holloman. rachel@ epa. gov.

SUPPLEMENTARY INFORMATION:

VerDate 11< MAY> 2000 16: 28 Dec 18, 2001 Jkt 197001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 19DEN1. SGM pfrm02 PsN: 19DEN1


[Federal Register: September 12, 2007 (Volume 72, Number 176)]
[Notices]
[Page 52092-52093]
[DOCID:fr12se07-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER01-390-000]

Chandler Wind Partners, LLC; Notice of Issuance of Order

September 6, 2007.
    Chandler Wind Partners, LLC (Chandler) filed an application for
market-based rate authority, with an accompanying rate schedule. The
proposed market-based rate schedule provides for the sale of energy and
capacity at market-based rates. Chandler also requested waivers of
various Commission regulations. In particular, Chandler requested that
the Commission grant blanket approval under 18 CFR part 34 of all
future issuances of securities and assumptions of liability by
Chandler.
    On December 7, 2000, pursuant to delegated authority, the Director,
Division of Corporate Applications, granted the requests for blanket
approval under part 34 (Director's Order). The Director's Order also
stated that the Commission would publish a separate notice in the
Federal Register establishing a period of time for the filing of
protests. Accordingly, any person desiring to be heard concerning the
blanket approvals of issuances of securities or assumptions of
liability by Chandler, should file a protest 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, 385.214 (2004).
    Notice is hereby given that the deadline for filing protests is
September 20, 2007.
    Absent a request to be heard in opposition to such blanket
approvals by the deadline above, Chandler is authorized to issue
securities and assume obligations or liabilities as a guarantor,
indorser, surety, or otherwise in respect of any security of another
person; provided that such issuance or assumption is for some lawful
object within the corporate purposes of Chandler, compatible with the
public interest, and is reasonably necessary or appropriate for such
purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of Chandler's issuance of securities or assumptions
of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-17965 Filed 9-11-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 47 (Friday, March 9, 2012)]
[Notices]
[Pages 14459-14461]
[FR Doc No: 2012-5750]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2008-0244]

Notice of Request for Renewal of a Previously Approved Collection

AGENCY: Office of the Secretary, DOT.

ACTION: Notice and request for comments.

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

SUMMARY: The Office of the Secretary, Office of Small and Disadvantaged
Business Utilization (OSDBU), invites public comments about our
intention to request the Office of Management and Budget's (OMB)
approval to renew a collection. Currently, there are two Short Term
Loan Program (STLP) applications: the ``Short Term Lending Program
Application for a New Loan Guarantee'' and the ``Application for Loan
Guarantee Renewal''. This collection renewal request includes one STLP
application. The revised STLP application will be used for both new
loan guarantee applicants and renewal loan guarantee applicants. The
revised STLP application is a single, consolidated document that is
easier to read and understand for all small business applicants. The
information collected in the revised STLP application will determine
the applicant's eligibility and is necessary to approve or deny a loan.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection. All comments will also become a matter of
public record.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR 1.48.

DATES: Written comments should be submitted by May 6, 2012.

ADDRESSES: You may submit your comments identified by Docket Number
DOT-OST-2008-0244 by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Agency Web Site: http://dms.dot.gov/. Follow the
instructions for submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail or Hand Delivery: U.S. Department of Transportation,
Dockets Management Facility, 1200 New Jersey Avenue SE., West Building,
Room W12-140, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Nancy Strine, Manager Financial
Assistance Division, Office of Small and Disadvantaged Business
Utilization, Office of the Secretary, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., Room W56-448, Washington,
DC 20590. Phone number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, Email
address<EMAIL_ADDRESS>Office hours are from 8 a.m. to 4:30
p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:
    Title: Short Term Lending Program Application for a Loan Guarantee.
    OMB Control No.: 2105-0555.
    Background: OSDBU's Short Term Lending Program (STLP) offers
certified Disadvantaged Business Enterprises (DBEs) and other certified
Small Businesses (8a, women-owned, small disadvantaged, HUBZone,
veteran owned, and service disabled veteran owned) the opportunity to
obtain short term working capital at variable interest rates for
transportation-related projects. The STLP provides Participating
Lenders (PLs) a guarantee, up to 75%, on a revolving line of credit up
to a $750,000 maximum. These loans are provided through lenders that
serve as STLP Participating Lenders (PLs). The term on the line of
credit is up to one (1) year, which may be renewed for five (5) years.
A potential or renewal STLP participant must submit a guaranteed loan
application package. The guaranteed loan application includes the STLP
application, checklist, and instructions.
    Respondents: Certified Disadvantaged Business Enterprises (DBEs)
and other certified Small Businesses (8a, women-owned, small
disadvantaged, HUBZone, veteran owned, and service disabled veteran
owned) interested in financing their transportation-related contracts.
    DOT Form 2301-1(REV.1): Short Term Lending Program Application for

Loan Guarantee: A potential or renewal STLP participant must submit a
guaranteed loan application package. The guaranteed loan application
includes the STLP application and supporting documentation to be
collected from the checklist in the application. The application may be
obtained directly from OSDBU, the Regional Small Business
Transportation Resource Centers, from a PL, or online from the agency's
Web site, currently at http://osdbu.dot.gov/documents/pdf/stlp/stlpapp.pdf.
    Respondents: 100.
    Frequency: Once.
    Estimated Average Burden per Response: 2 hours.
    Estimated Total Annual Burden Hours: 200 hours.
    Supporting documentation. Required documentation shall include, but
is not limited to, the following items:
    a. Business, trade, or job performance reference letters;
    b. DBE or other eligible certification letters;
    c. Aging report of receivables and payables;
    d. Business tax returns;
    e. Business financial statements;
    f. Personal income tax returns;
    g. Personal financial statements;
    h. Schedule of work in progress (WIP);
    i. Signed and dated copy of transportation-related contracts;
    j. Business debt schedule;
    k. Cash flow projections;
    l. Owner(s) and a key management resumes.
    Respondents: 100.
    Frequency: Once.
    Estimated Average Burden per Response: 12 hours.
    Estimated Total Annual Burden Hours: 1200 hours.

SUMMARY: The Office of the Secretary, Office of Small and Disadvantaged
Business Utilization (OSDBU), invites public comments on our intention
to request the Office of Management and Budget's (OMB) approval to
renew a collection of the STLP Participating Lender (PL) forms. The
collection involves the use of the ``Short Term Lending Program Bank
Verification Loan Activation Form''; ``Short Term Lending Program Bank
Acknowledgement Extension Request Form''; ``Short Term Lending Program
Bank Acknowledgement Loan Close-Out Form''; ``Guaranty Loan Status
Report''; ``Pending Loan Status Report''; ``Drug-Free Workplace Act
Certification for a Grantee Other than an Individual''; ``Certification
Regarding Lobbying for Contracts, Grants, Loans, and Cooperative
Agreements''; ``Office of Small and Disadvantaged Business Utilization
U.S. Department of Transportation Short Term Lending Program
Certification Regarding Debarment, Suspension''; ``Cooperative
Agreement between the US Department of Transportation and the
Participating Lender''; and ``US Department of Transportation Office of
Small and Disadvantaged Utilization Short Term Lending Program
Guarantee Agreement''. The information collected administers the loans
guaranteed under the STLP. The information collected keeps the
Participating Lender's (PLs) in compliance with the terms established
in the Cooperative Agreement between DOT and the PLs.
    OMB Control No: 2105-0555.

SUPPLEMENTARY INFORMATION:
    Titles: STLP--Participating Lender (PL) forms.
    OMB Control No.: 2105-0555.
    Background: STLP loans are provided through lenders that serve as
STLP Participating Lenders (PL). The STLP provides PLs a guarantee, up
to 75%, on a revolving line of credit up to a $750,000 maximum. As part
of the requirements for approval as a PL, lenders must submit the
following certifications: Drug-Free Workplace Act Certification for a
Grantee Other Than An Individual; Certification Regarding Lobbying for
Contracts, Grants, Loans, & Cooperative Agreement; Office of Small and
Disadvantaged Business Utilization U.S. Department of Transportation
Short Term Lending Program Certification Regarding Debarment,
Suspension. The STLP is subject to budgeting and accounting
requirements of the Federal Credit Reform Act of 1990 (FCRA). The PL
must carry out processes to activate, monitor, service and close out
STLP loans. To fulfill the requirements of FCRA, the PL submits reports
and the following forms to OSDBU.
    Respondents: Participating Lenders that are in the process or have
entered into cooperative agreements with DOT's OSDBU under 49 CFR Part
22 DOT-OST-2008-0236 entitled, ``Short Term Lending Program''.

    DOT Form 2303-1: Short Term Lending Program Bank Verification Loan
Activation Form. The PL must submit a Loan Activation Form to OSDBU
that indicates the date in which the loan has been activated.
    Respondents: 100.
    Frequency: Annually, up to five years.
    Estimated Average Burden per Response: \1/2\ hour.
    Estimated Total Annual Burden Hours: 50 hours.

    DOT Form 2310-1: Short Term Lending Program Bank Acknowledgement
Extension Request Form. An extension of the original loan guarantee for
a maximum period of ninety (90) days may be requested, in writing, by
the PL using the STLP Extension Request Form.
    Respondents: 100.
    Frequency: Annually.
    Estimated Average Burden per Response: \1/2\ hour.
    Estimated Total Annual Burden Hours: 50 hours.

    DOT Form 2304-1: Short Term Lending Program Bank Acknowledgement
Loan Close-Out Form. The PL must submit the Loan Close-Out Form to
OSDBU upon full repayment of the STLP loan or when the loan guarantee
expires.
    Respondents: 100.
    Frequency: Annually.
    Estimated Average Burden per Response: \1/2\ hour.
    Estimated Total Annual Burden Hours: 50 hours.

    DOT Form 2305-1: Guaranty Loan Status Report. The PL submits a
monthly status of active guaranteed loans to OSDBU.
    Respondents: 100.
    Frequency: Monthly.
    Estimated Average Burden per Response: 1 hour.
    Estimated Total Annual Burden Hours: 100 hours.

    DOT Form 2306-1: Pending Loan Status Report. The PL submits a
monthly loan(s) in process report to OSDBU.
    Respondents: 100.
    Frequency: Monthly.
    Estimated Average Burden per Response: 1 hour.
    Estimated Total Annual Burden Hours: 100 hours.

    DOT Form 2307-1: Drug-Free Workplace Act Certification for a
Grantee Other than an Individual. The PL certifies it is a drug-free
workplace by executing this certification.
    Respondents: 100.
    Frequency: Once.
    Estimated Average Burden per Response: 15 minutes.
    Estimated Total Annual Burden Hours: 25 hours.

    DOT Form 2308-1. Certification Regarding Lobbying for Contracts,
Grants, Loans, and Cooperative Agreement. The PL certifies that no
Federal funds will be utilized for lobbying by executing this form.
    Respondents: 100.
    Frequency: Once.
    Estimated Average Burden per Response: 15 minutes.
    Estimated Total Annual Burden Hours: 25 hours.

    DOT Form 2309-1. Office of Small and Disadvantaged Business
Utilization
    U.S. Department of Transportation Short Term Lending Program
Certification Regarding Debarment, Suspension. The PL must not
currently be debarred or suspended from participation in a government
contract or delinquent on a government debt by submitting this form.
    Respondents: 100.
    Frequency: Once.
    Estimated Average Burden per Response: 15 minutes.
    Estimated Total Annual Burden Hours: 25 hours.

    Issued in Washington, DC on March 6, 2012.
Brandon Neal,
Director, Office of Small and Disadvantaged Business Utilization,
Office of the Secretary.
[FR Doc. 2012-5750 Filed 3-8-12; 8:45 am]
BILLING CODE 4910-9X-P