purifying half mask or full facepiece respirator equipped with NIOSH-
approved organic vapor cartridges or canisters (APF 10).
    (D) If the measured exposure concentration is above 1.4 ppm and
less than or equal to 3.5 ppm (25 times ECEL): Any NIOSH-certified air-
purifying full facepiece respirator equipped with NIOSH-approved
organic vapor cartridges or canisters; any NIOSH-certified powered air-
purifying respirator equipped with NIOSH-approved organic vapor
cartridges; or any NIOSH-certified continuous flow supplied air
respirator equipped with a hood or helmet (APF 25).
    (E) If the measured exposure concentration is above 3.5 ppm and
less than or equal to 7.0 ppm (50 times ECEL): Any NIOSH-certified air-
purifying full facepiece respirator equipped with NIOSH-approved
organic vapor cartridges or canisters; or any NIOSH-certified powered
air-purifying respirator equipped with a tight-fitting facepiece and a
NIOSH-approved organic vapor cartridge (APF 50).
    (F) If the measured exposure concentration is above 7.0 ppm and
less than or equal to 140 ppm (1,000 times ECEL): Any NIOSH-certified
supplied air respirator equipped with a half mask or full facepiece and
operated in a pressure demand or other positive pressure mode (APF
1,000).
    (G) If the measured exposure concentration is greater than 140 ppm
(1,000 times ECEL) or the concentration is unknown: Any NIOSH-certified
self-contained breathing apparatus equipped with a full facepiece and
operated in a pressure demand or other positive pressure mode; or any
NIOSH-certified supplied air respirator equipped with a full facepiece
and operated in a pressure demand or other positive pressure mode in
combination with an auxiliary self-contained breathing apparatus
operated in a pressure demand or other positive pressure mode (APF
10,000).
    (iv) The respiratory protection requirements in this paragraph
represent the minimum respiratory protection requirements, such that
any respirator affording a higher degree of protection than the
required respirator may be used.
    (v) When a person whose job requires the use of a respirator cannot
use a negative-pressure respirator, the owner or operator must provide
that person with a respirator that has less breathing resistance than
the negative-pressure respirator, such as a powered air-purifying
respirator or supplied-air respirator, when the person is able to use
it and if it provides the person with adequate protection.
    (6) Dermal protection. (i) The owner or operator must supply and
require the donning of dermal PPE that separates and provides a barrier
to prevent direct dermal contact with perchloroethylene in the specific
work area where it is selected for use, selected in accordance with
this paragraph (f)(6)(i) and provided in accordance with 29 CFR
1910.132(h), to each person who is reasonably likely to be dermally
exposed in the work area through direct dermal contact with
perchloroethylene. For the purposes of this paragraph (f)(6)(i),
provisions in 29 CFR 1910.132(h) applying to an ``employer'' also
applies equally to owners or operators.
    (ii) Owners or operators must select and provide dermal PPE in
accordance with 29 CFR 1910.133(b) and additionally as specified in
this paragraph to each person who is reasonably likely to be dermally
exposed in the work area through direct dermal contact with
perchloroethylene. For the purposes of this paragraph (f)(6)(ii),
provisions in 29 CFR 1910.133(b) applying to an ``employer'' also apply
equally to owners or operators.
    (iii) Owners or operators must select and provide to persons
appropriate dermal PPE based on an evaluation of the performance
characteristics of the PPE relative to the task(s) to be performed,
conditions present, and the duration of use. Dermal PPE must include,
but is not limited to, the following items:
    (A) Impervious gloves selected based on specifications from the
manufacturer or supplier.
    (B) Impervious clothing covering the exposed areas of the body
(e.g., long pants, long sleeved shirt).
    (iv) Demonstration of imperviousness. Owners or operators must
demonstrate that each item of gloves and other clothing selected
provides an impervious barrier to prevent direct dermal contact with
perchloroethylene during normal and expected duration and conditions of
exposure within the work area by evaluating the specifications from the
manufacturer or supplier of the clothing, or of the material used in
construction of the clothing, to establish that the clothing will be
impervious to perchloroethylene alone and in likely combination with
other chemical substances in the work area.

Sec.  751.609  Workplace requirements for laboratory use.

    (a) Applicability. The provisions of this section apply to
workplaces engaged in the industrial and commercial use of
perchloroethylene as a laboratory chemical.
    (b) Laboratory use requirements. (1) After [DATE 12 MONTHS AFTER
DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], owners
or operators must ensure fume hoods are in use and functioning properly
and that specific measures are taken to ensure proper and adequate
performance of such equipment to minimize exposures to persons in the
area when perchloroethylene is used in a laboratory setting.
    (2) After [DATE 12 MONTHS AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER], owners or operators must ensure that all
persons reasonably likely to be exposed from direct dermal contact to
perchloroethylene in a laboratory setting are provided with dermal
personal protective equipment as outlined in Sec.  751.607(f)(2) and
(6) and training on proper use of PPE as outlined in Sec.
751.607(f)(3) and (4).

Sec.  751.611  Downstream notification.

    (a) Beginning on [DATE 2 MONTHS AFTER DATE OF PUBLICATION OF THE
FINAL RULE IN THE FEDERAL REGISTER], each person who manufactures
(including imports) perchloroethylene for any use must, prior to or
concurrent with the shipment, notify companies to whom
perchloroethylene is shipped, in writing, of the restrictions described
in this subpart in accordance with paragraph (c) of this section.
    (b) Beginning on [DATE 6 MONTHS AFTER DATE OF PUBLICATION OF THE
FINAL RULE IN THE FEDERAL REGISTER], each person who processes or
distributes in commerce perchloroethylene or any perchloroethylene-
containing products for any use must, prior to or concurrent

with the shipment, notify companies to whom perchloroethylene is
shipped, in writing, of the restrictions described in this subpart in
accordance with paragraph (c) of this section.
    (c) The notification required under paragraphs (a) and (b) of this
section must occur by inserting the following text in section 1(c) and
15 of the Safety Data Sheet (SDS) provided with the perchloroethylene
or with any perchloroethylene-containing product:

    After [DATE 18 MONTHS AFTER DATE OF PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER] this chemical/product cannot be
distributed in commerce to retailers for any use. After [DATE 21
MONTHS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE FEDERAL
REGISTER], this chemical/product is and can only be distributed in
commerce or processed for the following purposes: Processing as a
reactant/intermediate; Processing into formulation, mixture or
reaction product in cleaning and vapor degreasing products;
Processing into formulation, mixture or reaction product in paint
and coating products; Processing into formulation, mixture or
reaction product in adhesive and sealant products; Processing by
repackaging; Recycling; Industrial and commercial use as solvent in
vapor degreasing; Industrial and commercial use in maskant for
chemical milling; Industrial and commercial use as a processing aid
in catalyst regeneration in petrochemical manufacturing; Industrial
and commercial use in laboratory chemicals; Industrial and
commercial use in solvent-based adhesives and sealants; Industrial
and commercial use in dry cleaning in 3rd generation machines until
[DATE 3 YEARS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE
FEDERAL REGISTER]; Industrial and commercial use in all dry cleaning
and related spot cleaning until [DATE 10 YEARS AFTER DATE OF
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER]; and
Disposal.

Sec.  751.613  Recordkeeping requirements.

    (a) General records. After [DATE 60 DAYS AFTER DATE OF PUBLICATION
OF THE FINAL RULE IN THE FEDERAL REGISTER], all persons who
manufacture, process, distribute in commerce, or engage in industrial
or commercial use of perchloroethylene or perchloroethylene-containing
products must maintain ordinary business records, such as downstream
notifications, invoices and bills-of-lading related to compliance with
the prohibitions, restrictions, and other provisions of this subpart.
    (b) Workplace Chemical Protection Program compliance. (1) ECEL
exposure monitoring. For each monitoring event, owners or operators
subject to the ECEL described in Sec.  751.607(b) must document the
following:
    (i) Dates, duration, and results of each sample taken;
    (ii) All measurements that may be necessary to determine the
conditions that may affect the monitoring results;
    (iii) Name, workplace address, work shift, job classification, and
work area of the person monitored; documentation of all potentially
exposed persons whose exposures the monitoring is intended to represent
if using a representative sample; and type of respiratory protective
device worn by the monitored person, if any
    (iv) Use of appropriate sampling and analytical methods, such as
analytical methods already approved by EPA, Occupational Safety and
Health Administration (OSHA) or NIOSH, or compliance with an analytical
method verification procedure;
    (v) Compliance with the Good Laboratory Practice Standards in
accordance with 40 CFR part 792; and
    (vi) Information regarding air monitoring equipment, including:
type, maintenance, calibrations, performance tests, limits of
detection, and any malfunctions.
    (2) ECEL compliance. Owners or operators subject to the ECEL
described in Sec.  751.607(b) must retain records of:
    (i) Exposure control plan as described in Sec.  751.607(d)(2);
    (ii) Facility exposure monitoring records;
    (iii) Notifications of exposure monitoring results;
    (iv) The name, workplace address, work shift, job classification,
work area and respiratory protection used by each potentially exposed
person and PPE program implementation as described in Sec.  751.607(f),
including fit-testing and training; and
    (v) Information and training provided by the regulated entity to
each person prior to or at the time of initial assignment to a job
involving potential exposure to perchloroethylene and any re-training
as required in Sec.  751.607(e).
    (3) DDCC compliance. Owners or operators subject to DDCC
requirements described in Sec.  751.607(c) must retain records of:
    (i) Exposure control plan as described in Sec.  751.607(d);
    (ii) Dermal protection used by each potentially exposed person and
PPE program implementation as described in Sec.  751.607(f), including:
    (A) The name, workplace address, work shift, job classification,
and work area of each person reasonably likely to directly handle
perchloroethylene or handle equipment or materials on which
perchloroethylene may present and the type of PPE selected to be worn
by each of these persons;
    (B) The basis for specific PPE selection (e.g., demonstration based
on permeation testing or manufacturer specifications that each item of
PPE selected provides an impervious barrier to prevent exposure during
expected duration and conditions of exposure, including the likely
combinations of chemical substances to which the PPE may be exposed in
the work area);
    (C) Appropriately sized PPE and training on proper application,
wear, and removal of PPE, and proper care/disposal of PPE;
    (D) Occurrence and duration of any direct dermal contact with
perchloroethylene that occurs during any activity or malfunction at the
workplace that causes direct dermal exposures to occur and/or glove
breakthrough, and corrective actions to be taken during and immediately
following that activity or malfunction to prevent direct dermal contact
to perchloroethylene; and
    (E) Training in accordance with Sec.  751.607(f)(3).
    (iii) Information and training provided by the regulated entity to
each person prior to or at the time of initial assignment to a job
involving potential direct dermal contact with perchloroethylene and
any re-training as required in Sec.  751.607(e).
    (4) Workplace participation. Owners or operators must document the
notice to and ability of any potentially exposed person that may
reasonably be affected by perchloroethylene inhalation exposure or
direct dermal contact to readily access the exposure control plans,
facility exposure monitoring records, PPE program implementation, or
any other information relevant to perchloroethylene exposure in the
workplace.
    (c) Workplace requirements for laboratory use compliance. Owners
and operators subject to the laboratory chemical requirements described
in Sec.  751.609 must retain records of:
    (1) Dermal protection used by each potentially exposed person and
PPE program implementation, as described in Sec.  751.613(b)(3)(ii);
and
    (2) Documentation identifying: implementation of a properly
functioning fume hood using manufacturer's instructions for
installation, use, and maintenance of the fume hood, including
inspections, tests, development of maintenance procedures, the
establishment of criteria for acceptable test results, and
documentation of test and inspection results.
    (d) Records related to Sec.  751.615 exemptions. To maintain
eligibility for an exemption described in Sec.  751.615,

the records maintained by the owners or operators must demonstrate
compliance with the specific conditions of the exemption.
    (e) Retention. Owners or operators must retain the records required
under this section for a period of 5 years from the date that such
records were generated.

Sec.  751.615  Exemptions.

    (a) In general. (1) As provided in paragraph (b) of this section, a
time-limited exemption from the requirements of Sec.  751.605 is
established in this section in accordance with 15 U.S.C. 2605(g)(1)(A).
    (2) In order to be eligible for the exemptions established in this
section, regulated parties must comply with all conditions established
for such exemptions in accordance with 15 U.S.C. 2605(g)(4).
    (b) Time-limited exemption. Use of perchloroethylene or
perchloroethylene containing products identified in paragraph (b)(1) of
this section in an emergency by the National Aeronautics and Space
Administration and its contractors operating within the scope of their
contracted work until [DATE 10 YEARS AFTER DATE OF PUBLICATION OF THE
FINAL RULE IN THE FEDERAL REGISTER].
    (1) Applicability. The emergency use exemption described in this
paragraph (b) shall apply to the following specific conditions of use
as described in paragraph (b)(1)(i) of this section.
    (i) Conditions of use subject to this exemption. (A) Industrial and
commercial use as solvent for cold cleaning.
    (B) Industrial and commercial use in wipe cleaning.
    (ii) Emergency use--(A) In general. An emergency is a serious and
sudden situation requiring immediate action, within 15 days or less,
necessary to protect:
    (1) Safety of National Aeronautics and Space Administration's or
their contractors' personnel;
    (2) National Aeronautics and Space Administration's missions;
    (3) Human health, safety, or property, including that of adjacent
communities; or
    (4) The environment.
    (B) Duration. Each emergency is a separate situation; if use of
perchloroethylene exceeds 15 days, then justification must be
documented.
    (C) Eligibility. To be eligible for the exemption, the National
Aeronautics and Space Administration and its contractors must:
    (1) Select perchloroethylene because there are no technically and
economically feasible safer alternatives available during the
emergency.
    (2) Perform the emergency use of perchloroethylene at locations
controlled by National Aeronautics and Space Administration or its
contractors.
    (2) Requirements. To be eligible for the emergency use exemption
described in this paragraph (b), the National Aeronautics and Space
Administration and its contractors must comply with the following
conditions:
    (i) Notification. Within 15 working days of the emergency use by
National Aeronautics and Space Administration and its contractors,
National Aeronautics and Space Administration must provide notice to
EPA that includes the following:
    (A) Identification of the conditions of use detailed in paragraph
(b)(1)(i) of this section that the emergency use fell under;
    (B) An explanation for why the emergency use met the definition of
emergency in paragraph (b)(1)(ii)(A) of this section; and
    (C) An explanation of why perchloroethylene was selected, including
why there were no technically and economically feasible safer
alternatives available in the particular emergency.
    (ii) Exposure control. The owner or operator must comply with the
Workplace Chemical Protection Program provisions in Sec.  751.607, to
the extent technically feasible in light of the particular emergency.
    (iii) Recordkeeping. The owner or operator of the location where
the use takes place must comply with the recordkeeping requirements in
Sec.  751.613.

[FR Doc. 2023-12495 Filed 6-15-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 31 (Thursday, February 14, 2013)]
[Notices]
[Pages 10652-10653]
[FR Doc No: 2013-03409]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68881; File No. SR-ICC-2012-24]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Designation of a Longer Period for Commission Action on Proposed Rule
Change To Add Rules Related to the Clearing of European Corporate
Single-Name CDS

February 8, 2013.
    On December 6, 2012, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change SR-ICC-2012-24 pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder.\2\ The
proposed rule change was published for comment in the Federal Register
on December 26, 2012.\3\ The Commission did not receive comments on the
proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 34-68482 (December 19,
2012), 77 FR 76156 (December 26, 2012).
---------------------------------------------------------------------------

    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 from the publication of notice of filing of this proposed rule
change is February 9, 2013. The Commission is extending this 45-day
time period.
---------------------------------------------------------------------------

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

    The proposed rule change relates to ICC's adoption of rules to
permit the clearing of standard single-name CDS contracts referencing
European corporate reference entities. The proposed rule change is
novel because no clearing agency located in the United States currently
provides clearing services for these products. As a result, and in
order to provide the Commission with sufficient time to consider the
proposed rule change, the Commission finds it is appropriate to
designate a longer period within which to take action on the proposed
rule change.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\5\

designates March 26, 2013, as the date by which the Commission should
either approve or disapprove, or institute proceedings to determine
whether to disapprove, the proposed rule change (File No. SR-ICC-2012-
24).
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).

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

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-03409 Filed 2-13-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15282-15283]
[FR Doc No: 2019-07436]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0299]

Hours of Service of Drivers: Application for Exemption; Fiat
Chrysler Automobiles (FCA)

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

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

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

SUMMARY: FMCSA announces its decision to deny the application of Fiat
Chrysler Automobiles (FCA) for an exemption from the requirement that
its drivers use electronic logging devices (ELDs) to record their hours
of service (HOS). FCA requested the exemption for all its operators of
commercial motor vehicles (CMVs) including engineers, technicians, and
other drivers who operate CMVs on public roads. FMCSA analyzed the
exemption application and the single public comment submitted, and has
determined that the applicant would not achieve a level of safety that
is equivalent to, or greater than, the level that would be achieved
absent the exemption.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>. Email: [email protected]. If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

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

III. Request for Exemption

    FCA's commercial motor vehicles (CMVs) include RAM trucks and other
product families, which, when configured with a trailer, have a gross
combination weight rating greater than 10,000 pounds. When operated in
interstate commerce, this subjects the company and its drivers to 49
CFR parts 300-399, including the hours-of-service (HOS) rules.
Procedures and processes are in place to ensure that only FCA and
supplier employees with an active driver qualification file operate
these vehicles. In any given year, up to 100 FCA employees may be
involved in driving its CMVs on product development off-site road
trips. All of its engineers and technicians are infrequent drivers who,
on average, drive fewer than 2,500 miles a year on public roads.
Additionally, all Engineering Groups conduct off-site road trips to
evaluate systems and components to support future product development
activities. Including non-CMV support vehicles, FCA normally sends
between 8 to 12 vehicles with 4 to 5 trailers. This type of trip would
include up to 20 drivers (engineers and technicians) who possess either
a commercial driver's license or a chauffer's license. Most road trips
involve a smaller number of vehicles and drivers, and according to FCA,
a significant amount of testing occurs while the vehicles are
stationary.
    FCA's product development activities encompass working with
suppliers on validating engineering redesigns for future vehicles. FCA
tests ``next generation'' vehicles against competing products from
other original equipment manufacturers in dynamic settings. FCA
estimates that 85% to 90% of such testing occurs on site at its
facilities or proving grounds, and the remaining testing occurs off
site on public roads. Specifically, FCA conducts tests to benchmark
vehicles against competing brands, and some of these programs involve
calibration and thermal validation of complete vehicle systems at
various locations in the United States and Canada. On occasion, the
instrumented vehicles and trailers are shipped to the off-site testing
location, and on other occasions, FCA's engineers, technicians and
suppliers drive these vehicles to the off-site test locations. None of
its CMVs are involved in package delivery or passenger transportation.
    FCA has already tested several portable electronic logging device
(ELD) units and found that the devices interfere with the ability of
FCA's data loggers to capture high-speed data from vehicle control
modules and networks for critical vehicle validation. Furthermore, the
devices cause the logger to suspend all message transmissions in error.
As a result of its

detailed investigations on this matter, FCA has concluded that
utilizing paper records of duty status (RODS) and/or an HOS compliance
application other than an ELD is the most effective and accurate method
of measuring and reporting HOS in a manner compatible with FCA's data
loggers. FCA further includes a number of exhibits which demonstrate
the problems described in the application when utilizing ELDS. The
Company also includes HOS and other general compliance forms currently
used to remain in compliance with the appropriate Federal Motor Carrier
Safety Regulations.
    A copy of FCA's application for exemption is available for review
in the docket for this notice.

V. Public Comments

    On October 18, 2018, FMCSA published notice of this application and
requested public comment (83 FR 52870). The Agency received one comment
from an individual in opposition to the FCA exemption request. Excerpts
from this comment were as follows: ``Fiat's request creates a growing
burden on the FMCSA's partners that enforce the Federal Motor Carrier
Safety Regulations. Part 395.8(a)(1)(iii)(A)(1) has an exception from
the ELD and for a driver to use a paper log for eight days in any 30-
day period. If the staff at Fiat is doing 80%-90% of the work on its
closed courses where no log is required then the exception in the
regulation should be more than sufficient, i.e., 80% of 31 days is 24.8
(25 days) meaning a driver would use a paper log for six days below the
eight-day limit. . . . [R]oadside officers must attempt to try and keep
track of the numerous exemptions allowed by the FMCSA. . . . The more
exemptions that exist decreases [sic] the public's safety as carriers
abuse the safety regulations. . . . Fiat could utilize the exception in
Part 395.8 and avoid burdening the system with one additional
exemption. Fiat should have to substantiate that utilization of the
exception in Part 395.8 is not practicable and creates a significant
burden on the organization.''

VI. FMCSA Decision

    When FMCSA published the final rule mandating ELDs, it relied upon
research indicating that the rule improves CMV safety by improving
compliance with the HOS rules. The rule also reduces the overall
paperwork burden for both motor carriers and drivers.
    In its application, FCA provides no analysis of the safety
performance of drivers who would operate using paper RODS under the
exemption. FCA provides no analysis of how the risk of fatigue and
crashes while operating a CMV without an ELD would be equivalent to the
risk posed by operating a vehicle with one installed.
    The FCA application does not consider practical alternatives or
provide an analysis of the safety impacts the requested exemption may
cause. It also does not provide countermeasures to be undertaken to
ensure that the exemption would likely achieve a level of safety
equivalent to, or greater than, the level that would be achieved by the
current regulation. Furthermore, based on the information provided in
their application, FCA may qualify for the general short-haul (8 days
in 30) exemption from ELDs. For these reasons, FMCSA denies FCA's
request for an exemption.

    Issued on: April 8, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-07436 Filed 4-12-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: May 7, 2008 (Volume 73, Number 89)]
[Notices]
[Page 25784]
[DOCID:fr07my08-126]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon written request, copies available from: U.S. Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213.

Extension:
    Rule 17a-2; OMB Control No. 3235-0201; SEC File No. 270-189.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget a request for approval of extension of the existing
collection of information provided for in the following rule: Rule 17a-
2 (17 CFR 240.17a-2).
    Rule 17a-2 requires underwriters to maintain information regarding
stabilizing activities conducted in accordance with Rule 104. The
collections of information under Regulation M and Rule 17a-2 are
necessary for covered persons to obtain certain benefits or to comply
with certain requirements. The collections of information are necessary
to provide the Commission with information regarding syndicate covering
transactions and penalty bids. The Commission may review this
information during periodic examinations or with respect to
investigations. Except for the information required to be kept under
Rule 104(i) (17 CFR 242.104(i)) and Rule 17a-2(c), none of the
information required to be collected or disclosed for PRA purposes will
be kept confidential. The recordkeeping requirement of Rule 17a-2
requires the information be maintained in a separate file, or in a
separately retrievable format, for a period of three years, the first
two years in an easily accessible place, consistent with the
requirements of Exchange Act Rule 17a-4(f) (17 CFR 240.17a-4(f)).
    There are approximately 795 respondents per year that require an
aggregate total of 3975 hours to comply with this rule. Each respondent
makes an estimated 1 annual response. Each response takes approximately
5 hours to complete. Thus, the total compliance burden per year is 3975
burden hours.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Comments should be directed to (i) Desk Officer for the Securities
and Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503 or by sending an e-mail to: Alexander--
<EMAIL_ADDRESS>and (ii) R. Corey Booth, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way, Alexandria, VA 22312 or send an e-
mail to<EMAIL_ADDRESS>Comments must be submitted within 30
days of this notice.

    Dated: April 30, 2008.
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E8-10041 Filed 5-6-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Notices]
[Pages 45195-45196]
[FR Doc No: 2016-16497]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, July
14, 2016 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(7), (a)(9)(ii) and (a)(10), permit
consideration of the scheduled matter at the Closed Meeting.
    Commissioner Piwowar, as duty officer, voted to consider the items
listed for the Closed Meeting in closed session.
    The subject matter of the Closed Meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Adjudicatory matters;
    Opinion; and
    Other matters relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact Brent J. Fields from
the Office of the Secretary at<PHONE_NUMBER>.

    Dated: July 7, 2016.
Brent J. Fields,
Secretary.
[FR Doc. 2016-16497 Filed 7-8-16; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 31 (Wednesday, February 17, 2016)]
[Proposed Rules]
[Pages 8027-8029]
[FR Doc No: 2016-03062]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-3599; Airspace Docket No. 15-AGL-14]

Proposed Establishment of Class E Airspace; Dupree, SD

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E en route domestic
airspace in the Dupree, SD, area, to facilitate vectoring of Instrument
Flight Rules (IFR) aircraft under control of Minneapolis Air Route
Traffic Control Center (ARTCC). The FAA is proposing this action to
enhance the safety and efficiency of aircraft operations within the
National Airspace System (NAS).

DATES: Comments must be received on or before April 4, 2016.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2015-
3599; Docket No. 15-AGL-14, at the beginning of your comments. You may
also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays. The Docket Office (telephone 1-800-
647-5527), is on the ground floor of the building at the above address.
    FAA Order 7400.9Z, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC, 29591; telephone: 202-267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.9Z at NARA, call<PHONE_NUMBER>, or go to
http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is

published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Raul Garza Jr., Central Service
Center, Operations Support Group, Federal Aviation Administration,
Southwest Region, 10101 Hillwood Parkway, Fort Worth, TX 76177;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish Class E airspace in the Dupree, SD, area.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2015-3599/
Airspace Docket No. 15-AGL-14.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the Central Service Center, Operation Support Group,
10101 Hillwood Parkway, Fort Worth, TX 76177.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document would amend FAA Order 7400.9Z, Airspace Designations
and Reporting Points, dated August 6, 2015, and effective September 15,
2015. FAA Order 7400.9Z is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B,
C, D, and E airspace areas, air traffic service routes, and reporting
points.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) Part 71 by establishing Class E en route domestic
airspace extending upward from 1,200 feet above the surface in the
Dupree, SD area. This action would contain aircraft while in IFR
conditions under control of Minneapolis ARTCC by safely vectoring
aircraft from en route airspace to terminal areas.
    Class E airspace designations are published in Section 6006 of FAA
Order 7400.9Z, dated August 6, 2015, and effective September 15, 2015,
which is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document will be published subsequently in
the Order.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting Points, dated August 6, 2015, and
effective September 15, 2015, is amended as follows:

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

AGL SD E6 Dupree, SD [New]

    That airspace extending upward from 1,200 feet above the surface
within an area bounded by lat. 46[deg]43'39'' N., long.
099[deg]00'09'' W.; to lat. 46[deg]43'12'' N., long. 098[deg]27'11''
W.; to lat. 45[deg]53'47'' N., long. 098[deg]15'19'' W.; to lat.
45[deg]15'09'' N., long. 098[deg]45'49'' W.; to lat. 44[deg]40'45''
N., long. 099[deg]45'58'' W.; to lat. 44[deg]44'16'' N., long.
100[deg]47'46'' W.; to lat. 44[deg]52'34'' N., long. 100[deg]57'29''
W.; to lat. 45[deg]28'56'' N., long. 102[deg]46'15'' W.; to lat.
45[deg]34'49'' N., long. 102[deg]46'44'' W.; to lat. 45[deg]40'17''
N., long. 099[deg]00'09'' W., thence to the point of

beginning, excluding that airspace within Federal airways.

    Issued in Fort Worth, TX, on February 4, 2016.
Robert W. Beck,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-03062 Filed 2-16-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 87 (Monday, May 6, 2013)]
[Notices]
[Pages 26358-26359]
[FR Doc No: 2013-10640]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR13-18-000]

Marketlink, LLC; Notice of Petition for Declaratory Order

    Take notice that on April 26, 2013, pursuant to Rule 207(a)(2) of
the Commission's Rules of Practices and Procedure, 18 CFR
385.207(a)(2)(2012), Marketlink, LLC filed a petition seeking a
declaratory order affirming the specified rate structure, cost of
service calculation, rate principles and methodology, and prorationing
policy in the manner described more fully in the petition.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern time on May 20, 2013.

    Dated: April 30, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-10640 Filed 5-3-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 23, 2010 (Volume 75, Number 162)]
[Notices]
[Page 51834]
[DOCID:fr23au10-95]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1915-DR; Docket ID FEMA-2010-0002]

South Dakota; Amendment No. 4 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of South Dakota (FEMA-1915-DR), dated May 13, 2010, and
related determinations.

DATES: Effective Date: August 13, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Michael L.
Parker, of FEMA is appointed to act as the Federal Coordinating Officer
for this disaster.
    This action terminates the appointment of Nancy M. Casper as
Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-20765 Filed 8-20-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Notices]
[Pages 34197-34198]
[FR Doc No: 2015-14632]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Numbers FRA-2013-0128 and FRA-2014-0124]

Notice of Public Hearing

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this provides the public notice that by documents dated October
9, 2013 and November 18, 2014, the National Railroad Passenger
Corporation (AMTRAK) petitioned the Federal Railroad Administration
(FRA) for a waiver of compliance from certain provisions of the Federal
railroad safety regulations governing the operation of passenger trains
on the Northeast Corridor (NEC). Relief was also requested from speed
limitations imposed by the Order of Particular Applicability for the
Advanced Civil Speed Enforcement System (ACSES) Order. Specifically,
Amtrak seeks relief from requirements that limit the current operation
of its Tier II Acela trainsets to 150 mph from the current maximum
authorized track speed for Class 8 track of 160 mph. In addition,
Amtrak also requests relief from existing Tier II design requirements
to allow for the procurement of new trainsets built to alternative
design standards, as outlined in its petition. A previous notice was
published outlining the details of Amtrak's petitions, on February 25,
2015 [80 FR 10208]. FRA assigned the petitions to Docket Numbers FRA-
2013-0128 and FRA-2014-0124, respectively.
    FRA has determined that the facts of these proceedings warrant a
public hearing. Accordingly, a hearing is hereby scheduled to begin at
10:00 a.m. on July 22, 2015, at the National Housing Center, 1201 15th
Street NW., Washington, DC 20005. Interested parties are invited to
present oral statements at this hearing. For information on facilities
or services for persons with disabilities, or to request special
assistance at the hearing, contact FRA Program Analyst, Kenton Kilgore;
by telephone, email, or in writing; at least five business days before
the date of the hearing. Mr. Kilgore's contact information is as
follows: FRA, Office of Railroad Safety, Mail Stop 25, 1200 New Jersey
Avenue SE., Washington, DC 20590;<PHONE_NUMBER>;
<EMAIL_ADDRESS>    The informal hearing will be conducted by a representative
designated by FRA in accordance with FRA's Rules of Practice (see
particularly 49 CFR 211.25). FRA's representative will make an opening
statement outlining the scope of the hearing, as well as any additional
procedures for the conduct of the hearing. The hearing will be a non-
adversarial proceeding in which all interested parties will be given
the opportunity to express their views regarding the waiver petition
without cross examination. After all initial statements have been
completed, those individuals wishing to make brief rebuttal statements
will be given an opportunity to do so.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey Ave.
SE., W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
    In addition, FRA is hereby extending the comment period for these
waiver petitions to August 21, 2015, to allow adequate time for any
additional comments to be submitted following the public hearing on
July 22, 2015. Communications received by that date will be considered
by FRA before final action is taken. Comments received after that date
will be considered as far as practicable. All communications concerning
these proceedings should identify the appropriate docket numbers and
may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if

submitted on behalf of an association, business, labor union, etc.). In
accordance with 5 U.S.C. 553(c), DOT solicits comments from the public
to better inform its processes. DOT posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. See also
http://www.regulations.gov/#!privacyNotice for the privacy notice of
regulations.gov.

    Issued in Washington, DC, on June 10, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-14632 Filed 6-12-15; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 79, Number 57 (Tuesday, March 25, 2014)]
[Notices]
[Pages 16323-16324]
[FR Doc No: 2014-06532]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2984-011.
    Applicants: Merrill Lynch Commodities, Inc.
    Description: Supplement to June 21, 2013 Updated Market Power
Analysis for the Southwest Region of Merrill Lynch Commodities, Inc.
    Filed Date: 3/18/14.
    Accession Number: 20140318-5145.
    Comments Due: 5 p.m. ET 4/1/14.

    Docket Numbers: ER13-2318-001; ER13-1430-002; ER10-2743-003; ER12-
637-001; ER13-1561-002; ER12-995-001; ER10-2793-003; ER10-1854-003;
ER13-2317-001; ER10-2755-003; ER10-2739-006; ER11-27-004; ER11-3320-
003; ER13-2319-001; ER10-2751-003; ER10-2744-004; ER10-2740-004; ER13-
2316-001; ER10-2742-003; ER10-1631-003; ER11-3321-003; ER14-19-001.
    Applicants: All Dams Generation, LLC, Arlington Valley Solar Energy
II, LLC, Bluegrass Generation Company, L.L.C., Calhoun Power Company,
LLC, Cherokee County Cogeneration Partners, LLC, DeSoto County
Generating Company, LLC, Doswell Limited Partnership, Lake Lynn
Generation, LLC, Las Vegas Power Company, LLC, LS Power Marketing, LLC,
LSP Safe Harbor Holdings, LLC, LSP University Park, LLC, PE Hydro
Generation, LLC, Renaissance Power, L.L.C, Riverside Generating
Company, L.L.C., Rocky Road Power, LLC, Seneca Generation, LLC, Tilton
Energy, LLC, University Park Energy, LLC, Wallingford Energy LLC, West
Deptford Energy, LLC, Centinela Solar Energy, LLC.
    Description: Notification of Change in Status of the LS Power
Development, LLC subsidiaries.
    Filed Date: 3/14/14.
    Accession Number: 20140314-5195.
    Comments Due: 5 p.m. ET 4/4/14.

    Docket Numbers: ER14-1363-002.
    Applicants: Kendall Green Energy LLC.
    Description: Kendall Green Market Based Rate Tariff Revision to be
effective 1/31/2014.
    Filed Date: 3/18/14.
    Accession Number: 20140318-5151.
    Comments Due: 5 p.m. ET 4/8/14.

    Docket Numbers: ER14-1373-002.
    Applicants: Energy Utility Group, LLC.
    Description: 2nd Amended MBR Tariff Filing to be effective 3/31/
2014.

    Filed Date: 3/18/14.
    Accession Number: 20140318-5131.
    Comments Due: 5 p.m. ET 4/8/14.

    Docket Numbers: ER14-1519-000.
    Applicants: Edison Mission Marketing & Trading, Inc.
    Description: Edison Mission Marketing & Trading, LLC Notice of
Succession to be effective 2/20/2014.
    Filed Date: 3/18/14.
    Accession Number: 20140318-5122.
    Comments Due: 5 p.m. ET 4/8/14.

    Docket Numbers: ER14-1520-000.
    Applicants: Shell Energy North America (US), L.P.
    Description: Second Rev MBR & CIS to be effective 3/19/2014.
    Filed Date: 3/18/14.
    Accession Number: 20140318-5130.
    Comments Due: 5 p.m. ET 4/8/14.

    Take notice that the Commission received the following open access
transmission tariff filings:

    Docket Numbers: OA07-28-007.
    Applicants: Avista Corporation.
    Description: Avista Corporation's Informational Filing of
Operational Penalty Assessments and Distributions as Required by Order
Nos. 890 and 890-A in OA07-28.
    Filed Date: 3/18/14.
    Accession Number: 20140318-5153.
    Comments Due: 5 p.m. ET 4/8/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: March 18, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-06532 Filed 3-24-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 183 (Friday, September 24, 2021)]
[Notices]
[Page 53091]
[FR Doc No: 2021-20665]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4490-DR; Docket ID FEMA-2021-0001]

Missouri; Amendment No. 5 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Missouri (FEMA-4490-DR), dated March 26, 2020, and
related determinations.

DATES: This amendment was issued August 5, 2021.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
dated March 26, 2020 for the State of Missouri is hereby amended to
include the Hazard Mitigation Grant Program.

    All areas within the State of Missouri are eligible for
assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2021-20665 Filed 9-23-21; 8:45 am]
BILLING CODE 9111-23-P


John Silvasi/RTP/USEPA/US
07/20/2006 01:57 PM	To
<EMAIL_ADDRESS>cc
Scott Mathias/RTP/USEPA/US@EPA, Kimber Scavo/RTP/USEPA/US@EPA
bcc

Subject
Supplemental Analysis on Reconsideration of CAIR/RACT issue--8-hr O3 NAAQS
implementation rule

		Hi, Amy,

		I checked with our management, and the situation is that our Assistant
Administrator, Bill Wehrum, will need to concur on the analysis before we
can send it over to OMB for informal review.  As soon as I get the word
that he has concurred, I'll be glad to send it over.  As I noted during
our phone call, our division director, Bill Harnett informed us that Art
Fraas had indicated to him that OMB was okay with informal review, since
the notice basically reiterates the positions taken in the Phase 2 8-ozone
implementation rule (published 11/29/05).

		John J. Silvasi
Environmental Engineer
State and Local Programs Group (C539-02)
Office of Air Quality Planning and Standards
U.S. Environmental Protection Agency
Research Triangle Park, NC 27711
919-541-5666 (v);<PHONE_NUMBER> (fax)
<EMAIL_ADDRESS>
"It is EPA’s goal to protect the environment for everyone.  You can help
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[Federal Register: September 17, 2009 (Volume 74, Number 179)]
[Notices]
[Page 47844-47846]
[DOCID:fr17se09-83]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60641; File No. SR-CBOE-2009-064]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Related to FLEX Equity Option Opening Transactions

September 9, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 2, 2009, the Chicago Board Options Exchange,
Incorporated (``Exchange'' or ``CBOE'') filed with the Securities and
Exchange Commission (the ``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. The Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend the period for its pilot program
regarding the minimum value size for an opening transaction in FLEX
Equity Option \5\ series (``Pilot Program''), which would otherwise
expire on September 4, 2009, through February 28, 2010. The text of the
proposed rule change is available on the Exchange's Web site (http://
www.cboe.org/Legal), at the Exchange's Office of the Secretary and at
the Commission.
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    \5\ FLEX Equity Options are flexible exchange-traded options
contracts which overlie equity securities. FLEX Equity Options
provide investors with the ability to customize basic option
features including size, expiration date, exercise style, and
certain exercise prices.
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text

of those statements may be examined at the places specified in Item IV
below. The Exchange has prepared summaries, set forth in sections A, B,
and C below, of the most significant parts of such statements.

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

1. Purpose
    On March 4, 2008, the Commission approved the Pilot Program.\6\ The
Pilot Program modifies the minimum value size for an opening
transaction (other than FLEX Quotes responsive to a FLEX Request for
Quotes) in any FLEX Equity Option series in which there is no open
interest at the time the Request for Quotes is submitted. Prior to the
initiation of the Pilot Program, the minimum opening transaction value
size in the case of a FLEX Equity Options series was the lesser of (i)
250 contracts or (ii) the number of contracts overlying $1 million in
the underlying securities.\7\ The Pilot Program modifies the minimum
opening size formula by reducing the ``250 contracts'' component to
``150 contracts'' (the $1 million underlying value component continues
to apply unchanged).\8\
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    \6\ See Securities Exchange Act Release No. 57429 (March 4,
2008), 73 FR 13058 (March 11, 2008) (SR-CBOE-2006-36).
    \7\ Under this prior formula, an opening transaction in a FLEX
Equity series in a stock priced at $40 or more would reach the $1
million limit before it would reach the contract size limit, i.e.,
250 contracts times the multiplier (100) times the stock price ($40)
equals $1 million in underlying value. For a FLEX Equity series in a
stock priced at less than $40, the 250 contract size limit applies.
    \8\ Under the Pilot Program formula, an opening transaction in a
FLEX Equity series in a stock priced at approximately $66.67 or more
would reach the $1 million limit before it would reach the contract
size limit, i.e., 150 contracts times the multiplier (100) times the
stock price ($66.67) equals just over $1 million in underlying
value. For a FLEX Equity series in a stock priced at less than
$66.67, the 150 contract size limit would apply.
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    The Pilot Program is set to expire on September 4, 2009. CBOE
believes the Pilot Program has been successful and well received by its
members and the investing public. Thus, the purpose of this proposed
rule change is to extend the Pilot Program through February 28, 2010.
This is merely an extension. The Exchange is not seeking any other
changes to the Pilot Program at this time.
    In support of the proposed rule change, the Exchange is submitting
to the Commission a Pilot Program report (the ``Report'') detailing the
Exchange's experience with the Pilot Program. Specifically, the Report
contains (i) data and analysis on the open interest and trading volume
in FLEX Equity Options for which series were opened with a minimum
opening size of 150 to 249 contracts and less than $1 million in
underlying value; and (ii) analysis on the types of investors that
initiated opening FLEX Equity Options transactions (i.e.,
institutional, high net worth, or retail, if any). The Exchange is
submitting the Report under separate cover and seeking confidential
treatment under the Freedom of Information Act.
    If the Exchange were to propose another extension or an expansion
of the Pilot Program, or should the Exchange propose to make the Pilot
Program permanent, the Exchange would submit, along with any filing
proposing such amendments to the Pilot Program, another Report that
would provide an analysis of the program covering the extended period
during which the Pilot Program is in effect. The Report would include
the same data and analysis as described in the paragraph above for the
extended Pilot Program period. The Report, along with any filing to
extend or permanently implement the Pilot Program, would be submitted
to the Commission at least forty-five (45) days prior to the new
expiration date of the Pilot Program.
    The Exchange believes there is sufficient investor interest and
demand to extend the Pilot Program. The Exchange believes that the
Pilot Program has provided investors with additional means of managing
their risk exposures and carrying out their investment objectives.
2. Statutory Basis
    In providing FLEX-participating members and their customers greater
flexibility to trade FLEX Equity Options by lowering from 250 to 150
the minimum number of contracts required to open a series, the Exchange
believes the proposed rule change is consistent with the Act \9\ and
the rules and regulations thereunder and, in particular, the
requirements of Section 6(b) of the Act.\10\ Specifically, the Exchange
believes the proposed rule change is consistent with the Section
6(b)(5) \11\ requirements that the rules of an exchange be designed to
promote just and equitable principles of trade, to prevent fraudulent
and manipulative acts, to remove impediments to and to perfect the
mechanism for a free and open market and a national market system, and,
in general, to protect investors and the public interest. The Exchange
believes that extension of the Pilot Program will result in a
continuing benefit to investors, by allowing them additional means to
manage their risk exposures and carry out their investment objectives,
and will allow the Exchange to further study investor interest in the
Pilot Program.
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    \9\ 15 U.S.C. 78s(b)(1).
    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CBOE does not believe that the proposed rule change will impose any
burden on competition not necessary or appropriate in furtherance of
the purposes of the Act.

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

    The Exchange neither solicited nor received comments on the
proposal.

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

    Because the foregoing rule does not (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, provided that the self-regulatory organization
has given the Commission written notice of its intent to file the
proposed rule change at least five business days prior to the date of
filing of the proposed rule change or such shorter time as designated
by the Commission,\12\ the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6)
thereunder.\14\
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    \12\ The Exchange fulfilled this five day requirement.
    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
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    Under Rule 19b-4(f)(6) of the Act,\15\ a proposal does not become
operative for 30 days after the date of its filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest. The Exchange has requested that
the Commission waive the 30-day operative date so that the pilot may
continue without interruption.
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    \15\ Id.
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    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
The Commission notes that the original pilot program was published for
notice and comment and no comments were

received.\16\ In addition, extending the pilot through February 28,
2010 does not raise any new or novel regulatory issues that were not
previously considered in approving the original pilot. Based on the
above, the Commission designates the proposal as operative upon
filing.\17\
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    \16\ Securities Exchange Act Release No. 57429 (March 4, 2008),
73 FR 13058 (March 11, 2008).
    \17\ For purposes only of waiving the operative delay of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f). See also 17 CFR 200.30-3(a)(59).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml; or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2009-064 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-CBOE-2009-064. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the CBOE. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2009-064 and should be
submitted on or before October 8, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-22367 Filed 9-16-09; 8:45 am]

BILLING CODE 8010-01-P