[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Proposed Rules]
[Pages 68312-68314]
[FR Doc No: 2010-27930]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 523, 534, and 535

[Docket No. NHTSA-2010-0079]

Notice of Availability of a Draft Environmental Impact Statement
(DEIS) for New Medium- and Heavy-Duty Fuel Efficiency Improvement
Program

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

ACTION: Notice of availability of a Draft Environmental Impact
Statement (DEIS).

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SUMMARY: NHTSA has prepared a DEIS to disclose and analyze the
potential environmental impacts of the agency's newly proposed fuel
consumption standards for commercial medium- and heavy-duty on-highway
vehicles and work trucks (``HD vehicles''), which NHTSA recently
proposed pursuant to the Energy Independence and Security Act of 2007.
NHTSA invites Federal, State, and local agencies, Indian tribes, and
the public to submit written comments on the DEIS using the
instructions set forth in this notice. To facilitate review of the
DEIS, NHTSA has posted the DEIS on its Web site (http://www.nhtsa.gov/fuel-economy) and placed it in the agency's docket, identified by the
docket number at the beginning of this notice. NHTSA will consider all
public comments received on the DEIS in preparing final NEPA documents
to support final fuel consumption standards, which NHTSA plans to issue
next year.

DATES: To ensure that NHTSA has the opportunity to consider comments on
the DEIS, NHTSA must receive written comments by January 3, 2011. NHTSA
will try to consider comments received after that date to the extent
the NEPA and rulemaking schedules allow, but NHTSA cannot ensure that
it will be able to do so.

FOR FURTHER INFORMATION CONTACT: Questions concerning the DEIS should
be addressed to Ms. Angel Jackson, Telephone: 1-202-366-0154, Fuel
Economy Division, Office of International Vehicle, Fuel Economy and
Consumer Standards, National Highway Traffic Safety Administration,
1200 New Jersey Avenue, SE., Washington, DC 20590. E-mail:
<EMAIL_ADDRESS>Information about the HD vehicle rulemaking and the
NEPA process is also available at http://www.nhtsa.gov/fuel-economy.

ADDRESSES: You may submit comments to the docket number identified in
the heading of this document by any of the following methods:
     Online: Go to http://www.regulations.gov. Follow the
instructions for submitting comments on the electronic docket Web site
by clicking on ``Help'' or ``FAQs.''
     Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery or Courier: U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m. Eastern
time, Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: All submissions must include the agency name and
docket number. Note that all comments received will be posted without
change to http://www.regulations.gov, including any personal
information provided. Please see the Privacy Act discussion below. We
will consider all comments received before the close of business on the
comment closing date indicated above. To the extent possible, we will
also consider comments filed after the closing date.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. Telephone:<PHONE_NUMBER>.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://www.dot.gov/privacy.html.
    Confidential Business Information: If you wish to submit any
information under a claim of confidentiality, you should submit three
copies of your complete submission, including the information you claim
to be confidential business information, to the Chief Counsel, NHTSA,
at the address given under FOR FURTHER INFORMATION CONTACT. In
addition, you should submit two copies, from which you have deleted the
claimed confidential business information, to the Docket Management
Facility at the address given above. When you send a comment containing
information claimed to be confidential business information, you should
include a cover letter setting forth the information specified in our
confidential business information regulation (49 CFR Part 512).

SUPPLEMENTARY INFORMATION: NHTSA has prepared a DEIS to disclose and
analyze the potential environmental impacts of the agency's newly
proposed Fuel Efficiency Improvement Program for HD vehicles.\1\
Concurrent with the DEIS, NHTSA and the U.S. Environmental Protection
Agency (EPA) announced a joint proposed rulemaking that would reduce
greenhouse gas (GHG) emissions from and increase the fuel efficiency of
HD vehicles. The joint proposed rules will be published in the near
future in the Federal Register. NHTSA is proposing fuel consumption
standards under the Energy Independence and Security Act of 2007
(EISA),\2\ and EPA is proposing GHG emissions standards under the Clean
Air Act. These proposed standards would be tailored to each of three
regulatory categories of HD vehicles: Combination Tractors; Pick-up
Trucks and Vans; and Vocational Vehicles, as well as gasoline and
diesel HD vehicle engines. EPA's proposed GHG emissions standards would
begin with model year (MY) 2014. NHTSA's proposed fuel consumption
standards would be optional in MYs 2014 and 2015, becoming mandatory
beginning in MY 2016 for most regulatory categories. The joint proposed
rulemaking is consistent with President Obama's May 21, 2010 directive
to improve the fuel efficiency of and reduce GHG pollution from HD
vehicles through coordinated Federal standards.\3\ EPA and the Federal
Motor Carrier Safety Administration (FMCSA) served as cooperating
agencies in the preparation of the DEIS. EPA has special expertise in
the areas of climate change and air quality and FMCSA has special
expertise in HD vehicles.
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    \1\ See National Environmental Policy Act (NEPA), 42 U.S.C. Sec.
4321-4347, and implementing regulations issued by the Council on
Environmental Quality (CEQ), 40 CFR Parts 1500-1508, and NHTSA, 49
CFR Part 520.
    \2\ Public Law No. 110-140, 121 Stat. 1492 (Dec. 19, 2007)
(codified at 49 U.S.C. 32901).
    \3\ See The White House, Office of the Press Secretary,
Presidential Memorandum Regarding Fuel Efficiency Standards (May 21,
2010), available at http://www.whitehouse.gov/the-press-office/presidential-memorandum-regarding-fuel-efficiency-standards (last
accessed Nov. 1, 2010); see also The White House, Office of the
Press Secretary, President Obama Directs Administration to Create
First-Ever National Efficiency and Emissions Standards for Medium-
and Heavy-Duty Trucks (May 21, 2010), available at http://www.whitehouse.gov/the-press-office/president-obama-directs-administration-create-first-ever-national-efficiency-and-em (last
accessed Nov. 1, 2010).
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    To inform decisionmakers and the public, the DEIS analyzes the
potential environmental impacts of the proposed standards and
alternative standards for MYs 2014-2018, including a ``No Action''
Alternative, pursuant to NEPA regulations.\4\ The DEIS analyzes direct,
indirect, and cumulative impacts in proportion to their significance.
It provides a detailed analysis of potential impacts on energy
resources, air quality, and climate. The DEIS uses climate modeling and
estimated fuel savings to provide quantitative estimates of potential
impacts on air quality, CO2 emissions, global mean surface
temperature, precipitation, and sea level rise. The DEIS provides a
qualitative analysis of resources that may be impacted by changes in
climate, such as freshwater resources, terrestrial ecosystems, coastal
ecosystems, land use, human health, and environmental justice. It
examines impacts on the U.S. and on a global scale. In addition, the
DEIS analyzes potential environmental impacts unrelated to climate
change.
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    \4\ The ``No Action'' Alternative assumes that NHTSA would not
issue a rule regarding a HD Fuel Efficiency Improvement Program, and
is considered to comply with NEPA and to provide an analytical
baseline against which to compare environmental impacts of the other
regulatory alternatives. See 40 CFR 1502.2(e), 1502.14(d). NEPA
requires agencies to consider a ``no action'' alternative in their
NEPA analyses and to compare the effects of not taking action with
the effects of the reasonable action alternatives to demonstrate the
different environmental effects of the action alternatives.
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How can I get a copy of the DEIS?

    The DEIS is available on NHTSA's Web site at http://www.nhtsa.gov/fuel-economy and in the agency's docket identified by the docket number
at the beginning of this notice. To request a CD containing the DEIS
and its Appendices, please contact Ms. Angel Jackson using the contact
information in the FOR FURTHER INFORMATION CONTACT section above.

How do I comment on the DEIS?

    NHTSA invites the submission of written comments on the DEIS which
the agency will consider in preparing the final NEPA documents to
support the new Fuel Efficiency Improvement Program. Your comments must
be written and in English. To ensure that your comments are correctly
filed in the Docket, please include the docket number at the beginning
of this notice in your comments.
    Your primary comments cannot exceed 15 pages.\5\ However, you may

attach additional documents to your primary comments. There is no limit
to the length of the attachments.
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    \5\ 49 CFR 553.21.
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    Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register at 65 FR 19477,
April 11, 2000, or you may visit http://www.regulations.gov.
    If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.
    As NHTSA and EPA recently announced in the Federal Register,\6\ the
agencies are holding two public hearings on the proposed fuel
consumption standards. At these hearings, NHTSA will also accept
comments to the DEIS.
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    \6\ See 75 FR 67059 (Nov. 1, 2010).
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How do I submit confidential business information?

    If you wish to submit any information under a claim of
confidentiality, send three copies of your complete submission,
including the information you claim to be confidential business
information, to the Chief Counsel, National Highway Traffic Safety
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590.
Include a cover letter supplying the information specified in our
confidential business information regulation (49 CFR Part 512).
    In addition, send two copies from which you have deleted the
claimed confidential business information to Docket Management, 1200
New Jersey Avenue, SE., West Building, Room W12-140, Washington, DC
20590, or submit them electronically, in the manner described at the
beginning of this notice.

Will the agency consider late comments?

    NHTSA will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent the NEPA and rulemaking schedules
allow, NHTSA will try to consider comments that Docket Management
receives after that date, but we cannot ensure that we will be able to
do so.\7\
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    \7\ See 49 CFR 553.23.
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    Please note that even after the comment closing date, we will
continue to file relevant information in the docket as it becomes
available. Further, some commenters may submit late comments.
Accordingly, we recommend that you periodically check the docket for
new material.

    Issued on: November 1, 2010.
Joseph S. Carra
Acting Associate Administrator for Rulemaking.
[FR Doc. 2010-27930 Filed 11-4-10; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Proposed Rules]
[Pages 81191-81201]
[FR Doc No: 2010-32407]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 7

[Docket No. OST-2010-0297]
RIN 2105-AD99

Public Availability of Information; Freedom of Information Act

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of Transportation (DOT) is proposing to revise
and republish its regulations implementing the Freedom of Information
Act (FOIA). The purposes for the revision are to update the regulations
to be consistent with amendments to FOIA that were signed into law on
December 31, 2007 and October 28, 2009, to revise DOT's fee schedule
and other charges, and to make provisions clearer and easier to locate.
The regulations are being republished in their entirety because of
numerous changes to the organization and headings.

DATE: Comments are due February 25, 2011.

ADDRESSES: You may submit comments, identified by the docket number in
the heading of this document, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Avenue SE., West Building,
Ground Floor, Room W12-140, Washington, DC 20590, between 9 a.m. and 5
p.m. Eastern Time, Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Regardless of how you submit comments, you should mention the
docket number of this document.
    You may call the Docket Management Facility at<PHONE_NUMBER> for
assistance.
    Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the SUPPLEMENTARY INFORMATION section of this
document. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
complete User Notice and Privacy Notice for Regulations.gov at: http://www.regulations.gov/search/Regs/home.html#privacyNotice.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov, or the street
address listed above. Follow the online instructions for accessing the
dockets.

FOR FURTHER INFORMATION CONTACT: Beth Kramer, Departmental FOIA
Attorney, Office of the General Counsel, Department of Transportation,
Washington, DC, at<EMAIL_ADDRESS>or<PHONE_NUMBER>, or Robert I.
Ross, Senior Attorney, Office of the General Counsel, Department of
Transportation, Washington, DC, at<EMAIL_ADDRESS>or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: These regulations implementing the Freedom
of Information Act (FOIA), 5 U.S.C. 552, were last revised on August
17, 1998, to reflect changes required by the Electronic Freedom of
Information Act Amendments of 1996 (Pub. L. 104-231); on August 26,
2002, to make technical corrections to reflect the creation of the
Transportation Security Administration; and on June 12, 2008, to make
technical corrections to names of DOT components and locations and
phone numbers for DOT's FOIA Offices and Primary Electronic Access
Facility. On December 31, 2007, the OPEN Government Act of 2007 (Pub.
L. 110-175) was signed into law, amending FOIA. On October 28, 2009,
FOIA was amended by the OPEN FOIA Act of 2009 (Pub. L. 111-83).
    This revision proposes to update the regulations to make them
consistent with the OPEN Government Act of 2007 and OPEN FOIA Act of
2009, to revise DOT's fee schedule and other charges, and to make
provisions clearer and easier to locate. New provisions implementing
the OPEN Government Act of 2007 have been included in the following
sections addressing the following subjects: Sec.  7.2 (definitions of
``record'' and ``representative of the news media''); Sec.  7.22(a) and
(c) (Chief FOIA Officer and FOIA Public Liaisons); Sec.  7.24(d) and
(e) (receipt of requests); Sec.  7.35 (tolling of time limits); and
Sec.  7.43(f) (ability to charge fees when a

time limit is missed). One provision has been changed in Sec.
7.23(c)(3) to implement the OPEN FOIA Act of 2009, affecting FOIA
Exemption 3. Revisions to DOT's fee schedule and other charges can be
found at Sec.  7.41(e) (increasing fees for certified copies from $4 to
$10 with seal and from $2 to $5 without seal); Sec.  7.42(a) (splitting
one employee rate category into two, so that there are now four
employee rate categories instead of three); and Sec.  7.43(a)(1)
(increasing the threshold for de minimis requests for which fees are
not charged from $10 to $20). No change has been made to the $.10 per
page fee for photocopies not larger than 8.5 x 14 inches (see
Sec. Sec.  7.13(b)(1) and 7.42(d)(1)). Other provisions have been
clarified or reorganized; for example, clarifying provisions have been
added to Sec. Sec.  7.22(d) (delegations of authority) and 7.26(a)
(addressing the search cut-off date), and appeal provisions that were
formerly in a separate subpart are now in the subpart entitled ``Time
Limits.''
    Regulatory Analyses and Notices: This proposal is not a
``significant regulatory action'' within the meaning of Executive Order
12886. It is also not significant within the definition in DOT's
Regulatory Policies and Procedures, 49 FR 11034 (1979), in part because
it does not involve any change in important Departmental policies.
Because the economic impact should be minimal, further regulatory
evaluation is not necessary. Moreover, I certify that this proposal
would not have a significant economic impact on a substantial number of
small entities.
    This proposal would not significantly affect the environment, and
therefore an environmental impact statement is not required under the
National Environmental Policy Act of 1969. This proposal has also been
reviewed under Executive Order 12612, Federalism, and it has been
determined that it does not have sufficient implications for Federalism
to warrant preparation of a Federalism Assessment.
    Collection of Information. This proposal contains no collection of
information requirements under the Paperwork Reduction Act (44 U.S.C.
3501 et seq.)
    Unfunded Mandates. Title II of the Unfunded Mandates Reform Act of
1995 (UMRA), (Pub. L. 104-4, 109 Stat. 48), requires Federal agencies
to assess the effects of certain regulatory actions on State, local,
and tribal Governments, and the private sector. UMRA requires a written
statement of economic and regulatory alternatives for proposed and
final rules that contain Federal mandates. A ``Federal mandate'' is a
new or additional enforceable duty, imposed on any State, local, or
tribal Government, or the private sector. If any Federal mandate causes
those entities to spend, in aggregate, $100 million or more in any one
year (adjusted for inflation), an UMRA analysis is required. This
proposal would not impose Federal mandates on any State, local, or
tribal Governments or the private sector.

List of Subjects in 49 CFR Part 7

    Public availability of information.

    In consideration of the foregoing, DOT proposes to revise Part 7 of
Title 49, Code of Federal Regulations, to read as follows:

PART 7--PUBLIC AVAILABILITY OF INFORMATION

Subpart A--General Provisions
Sec.
7.1 General.
7.2 Definitions.
Subpart B--Information Required To Be Made Public by DOT
7.11 What records are published in the Federal Register, and how are
they accessed?
7.12 What records are available in reading rooms, and how are they
accessed?
7.13 How are copies of publicly available records obtained?
7.14 Redaction of information that is exempt from disclosure.
7.15 Protection of records.
Subpart C--Availability of Reasonably Described Records Under the
Freedom of Information Act
7.21 What does this subpart cover?
7.22 Who administers this subpart?
7.23 What limitations apply to disclosure?
7.24 What must a FOIA request contain?
7.25 How does DOT handle first-party requests?
7.26 To what extent and in what format are records searched and made
available?
7.27 What are the designated DOT FOIA Requester Service Centers?
7.28 How does DOT handle requests that concern more than one
Government agency?
7.29 When and how does DOT consult with submitters of commercial
information?
Subpart D--Time Limits
7.31 What time limits apply to DOT with respect to initial
determinations?
7.32 What time limits apply to a requester when appealing DOT's
initial or final determination?
7.33 What time limits apply to DOT with respect to administrative
appeals (final determinations)?
7.34 When and how are time limits applicable to DOT extended?
7.35 When and how is the 20-day time limit for rendering an initial
determination tolled?
Subpart E--Fees
7.41 When and how are processing fees imposed for records that are
made available under subpart B or processed under subpart C?
7.42 What is DOT's fee schedule for records requested under subpart
C?
7.43 When are fees waived or reduced, for records requested under
subpart C?
7.44 How can I pay a processing fee for records requested under
subpart B or subpart C?
7.45 When are pre-payments required for records requested under
subpart C, and how are they handled?
7.46 How are late payments handled?

    Authority:  5 U.S.C. 552; 31 U.S.C. 9701; 49 U.S.C. 322; E.O.
12600; E.O. 13392.

Subpart A--General Provisions

Sec.  7.1  General.

    (a) This part implements 5 U.S.C. 552, as amended, and prescribes
rules governing the public availability of Department of Transportation
(DOT) records.
    (b) Subpart B of this part contains the DOT regulations concerning
the public availability of:
    (1) Records that DOT is required to publish in the Federal Register
pursuant to 5 U.S.C. 552(a)(1) (described in Sec.  7.11(a)), and
indices to such records; and
    (2) Records that DOT is required to make available to the public in
a reading room without need for a specific request, pursuant to 5
U.S.C. 552(a)(2) (described in Sec.  7.12(a)), and indices to such
records.
    (c) Subpart C of this part contains the DOT regulations concerning
records that may be requested from DOT under the Freedom of Information
Act (FOIA), namely, records that DOT is not required to publish in the
Federal Register or make publicly available in a reading room under 5
U.S.C. 552(a)(2)(A), (B), (C) and (E) and frequently requested records
even if DOT has made them publicly available as required under 5 U.S.C.
552(a)(2)(D). Because DOT and its components have made many of these
records available on their Web pages (http://www.dot.gov or http://www.dot.gov/foia), requesters may find it preferable to obtain such
records directly from the Web pages in lieu of submitting a FOIA
request, if the Web pages contain records that meet their needs.
    (d) Subpart D of this part contains the DOT regulations concerning
time limits applicable to processing requests for records under subpart
C.
    (e) Subpart E of this part contains the DOT regulations concerning
processing fees applicable to records made available under subpart B or
requested under subpart C.

Sec.  7.2  Definitions.

    Unless the context requires otherwise, the following definitions
apply in this part:
    Act and FOIA mean the Freedom of Information Act, 5 U.S.C. 552, as
amended.
    Administrator means the head of each component of DOT and includes
the Inspector General.
    Confidential commercial information means trade secrets and
confidential, privileged, and/or proprietary business or financial
information submitted to DOT by any person.
    Components- see the definition of Department in this section.
    Concurrence means that the approval of the individual being
consulted is required in order for the subject action to be taken.
    Consultation has its ordinary meaning: the approval of the
individual being consulted is not required in order for the subject
action to be taken.
    Department (1) Means the Department of Transportation, including
the Office of the Secretary, the Office of Inspector General, and the
DOT Operating Administrations, all of which may be referred to as DOT
components:
    (i) Federal Aviation Administration,
    (ii) Federal Highway Administration,
    (iii) Federal Motor Carrier Safety Administration,
    (iv) Federal Railroad Administration,
    (v) Federal Transit Administration,
    (vi) Maritime Administration,
    (vii) National Highway Traffic Safety Administration,
    (viii) Office of Inspector General,
    (ix) Office of the Secretary of Transportation,
    (x) Pipeline and Hazardous Materials Safety Administration,
    (xi) Research and Innovative Technology Administration, and
    (xii) Saint Lawrence Seaway Development Corporation.
    (2) Each of these DOT components can be contacted through its FOIA
Requester Service Center(s) as provided in Sec.  7.27. This definition
specifically excludes the Surface Transportation Board, which has its
own FOIA regulations at 49 CFR Part 1001.
    First-party request means a request by an individual for records
pertaining to that individual.
    Hourly rate means the actual hourly base pay for a civilian
employee.
    Reading room records are those records required to be made
available to the public without a specific request under 5 U.S.C.
552(a)(2), as described in Sec.  7.12 of subpart B of this part. DOT
and its components make their reading room records available to the
public electronically through their FOIA Web pages (http://www.dot.gov/foia) and at the physical locations identified in Sec.  7.12(b). Other
records may also be made available at DOT's discretion through DOT Web
pages (http://www.dot.gov).
    Record includes any writing, drawing, map, recording, diskette,
DVD, CD-ROM, tape, film, photograph, or other documentary material,
regardless of medium, by which information is preserved. The term also
includes any such documentary material stored electronically by
computer.
    Redact means delete or mark over.
    Representative of the news media means any person or entity that
gathers information of potential interest to a segment of the public,
uses its editorial skills to turn the raw materials into a distinct
work, and distributes that work to an audience. ``News'' means
information that is about current events or that would be of current
interest to the public.
    Responsible DOT official means the head of the DOT component
concerned, or the General Counsel or the Inspector General, as the case
may be, or the designee of any of them, authorized to take an action
under this part.
    Secretary means the Secretary of Transportation or any individual
to whom the Secretary has delegated authority in the matter concerned.
    Toll means temporarily stop the running of a time limit.

Subpart B--Information Required To Be Made Public by DOT

Sec.  7.11  What records are published in the Federal Register, and how
are they accessed?

    (a) General. Pursuant to 5 U.S.C. 552(a)(1), DOT publishes the
following records in the Federal Register and makes an index of the
records publicly available. For purposes of this paragraph, material
that is reasonably available to the class of persons affected by the
material is considered to be published in the Federal Register when the
material is incorporated by reference with the approval of the Director
of the Federal Register.
    (1) Descriptions of DOT's organization, including its components
and the established places at which, the officers from whom, and the
methods by which, the public may secure information and make submittals
or obtain decisions;
    (2) Statements of the general course and methods by which DOT's
functions are channeled and determined, including the nature and
requirements of all formal and informal procedures available;
    (3) Rules of procedure, descriptions of forms available or the
places at which forms may be obtained, and instructions as to the scope
and contents of all papers, reports, or examinations;
    (4) Substantive rules of general applicability adopted as
authorized by law and statements of general policy or interpretations
of general applicability formulated and adopted by DOT; and
    (5) Each amendment, revision, or repeal of any material listed in
paragraphs (a)(1) through (4) of this section.
    (b) Federal Register locations. DOT makes its Federal Register
publications and indices publicly available at the physical locations
identified in Sec.  7.12(b). The publications and indices can be
accessed online at http://www.gpoaccess.gov/fr/index.html.

Sec.  7.12  What records are available in reading rooms, and how are
they accessed?

    (a) General. Pursuant to 5 U.S.C. 552(a)(2), unless the following
records are promptly published and offered for sale or published in the
Federal Register, DOT and its components make the following records,
and an index to the records, available in a reading room, including an
electronic reading room if the records were created by DOT on or after
November 1, 1996:
    (1) Final opinions, including concurring and dissenting opinions,
as well as orders, made in the adjudication of cases.
    (2) Those statements of policy and interpretations which have been
adopted by DOT and are not published in the Federal Register.
    (3) Administrative staff manuals and instructions to staff that
affect a member of the public.
    (4) Copies of all records, regardless of form or format, that have
been released to any person under subpart C of this part and that,
because of the nature of their subject matter, DOT determines have
become or are likely to become the subject of subsequent requests for
substantially the same records.
    (5) A general index of the records listed in (a)(4) of this
section.
    (b) Reading room locations. DOT makes its reading room records and
indices (in the form of lists or links) available at http://www.dot.gov/foia and at the following physical locations:
    (1) DOT Dockets Office, 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590: hours of operation: 9 a.m. to 5 p.m. ET, Monday
through Friday except Federal holidays; telephone:<PHONE_NUMBER>,
(202) 366-9826, or<PHONE_NUMBER>. DOT provides a computer terminal and
printer at this

location for accessing electronic reading room records.
    (2) National Highway Traffic Safety Administration (NHTSA)
Technical Information Services public record unit: 1200 New Jersey
Avenue, SE., Room W12-300, Washington, DC 20590; hours of operation:
9:30 a.m. to 5 p.m. ET, Monday through Friday except Federal holidays;
telephone<PHONE_NUMBER>. NHTSA provides a computer terminal and
printer at this location for accessing electronic reading room records.
    (3) Other public record units maintained by DOT components (e.g.,
at regional offices): Information concerning the availability of a
computer terminal and printer at such units, and the location and hours
of operation of such units, can be obtained through the DOT Dockets
Office at<PHONE_NUMBER>,<PHONE_NUMBER>, or<PHONE_NUMBER>.

Sec.  7.13  How are copies of publicly available records obtained?

    (a) Copies of materials covered by this subpart that are published
and offered for sale: Records that are ordinarily made available to the
public as a part of an information program of the Government, such as
news releases and pamphlets, may be obtained upon request by contacting
the appropriate DOT location identified in Sec.  7.12(b) or the sources
identified in Sec.  7.41(g), and paying the applicable duplication fee
or purchase price. Whenever practicable, DOT also makes the
publications available at the appropriate physical locations identified
in Sec.  7.12(b).
    (b) Copies of materials covered by this subpart that are not
published and offered for sale: Such records may be ordered, upon
payment of the appropriate fee (if any fee applies), through the
applicable FOIA Requester Service Center or through the DOT Dockets
Office identified in Sec.  7.12(b):
    (1) Per copy of each page (not larger than 8.5 x 14 inches)
reproduced by photocopy or similar means--US $0.10.
    (2) Per copy prepared by any other method of duplication--actual
direct cost of production.
    (c) Certified copies. Copies are certified upon request by
contacting the applicable FOIA Requester Service Center listed in Sec.
7.27 and paying the fee prescribed in Sec.  7.41(e).

Sec.  7.14  Redaction of information that is exempt from disclosure.

    Whenever DOT determines it to be necessary to prevent the
disclosure of information required or authorized to be withheld by FOIA
or another Federal statute (such as, to prevent a clearly unwarranted
invasion of personal privacy), DOT redacts such information from any
record covered by this subpart that is published or made available. A
full explanation of the justification for the deletion accompanies the
record published or made available.

Sec.  7.15  Protection of records.

    Records made available to the public under this subpart may not be
removed, altered, destroyed, or mutilated (this excludes duplicate
copies that are provided to a member of the public to take and keep).
18 U.S.C. 641 provides for criminal penalties for embezzlement or theft
of Government records. 18 U.S.C. 2071 provides for criminal penalties
for the willful and unlawful concealment, mutilation or destruction of,
or the attempt to conceal, mutilate, or destroy, Government records.

Subpart C--Availability of Reasonably Described Records Under the
Freedom of Information Act

Sec.  7.21  What does this subpart cover?

    (a) Except as otherwise provided in paragraph (b) of this section,
this subpart applies to reasonably described records that are made
available in response to written requests under FOIA.
    (b) This subpart does not apply to:
    (1) Records published in the Federal Register.
    (2) Records published and offered for sale.
    (3) Records (other than frequently requested records) made
available in a reading room.
    (4) Records or information compiled for law enforcement purposes
and covered by the disclosure exemption described in Sec.
7.23(c)(7)(A) if--
    (i) The investigation or proceeding involves a possible violation
of criminal law; and
    (ii) There is reason to believe that--
    (A) The subject of the investigation or proceeding is not aware of
its pendency, and
    (B) Disclosure of the existence of the records could reasonably be
expected to interfere with enforcement proceedings.
    (5) Informant records maintained by any criminal law enforcement
component of DOT under an informant's name or personal identifier, if
requested by a third party according to the informant's name or
personal identifier, unless the informant's status as an informant has
been officially confirmed.

7.22  Who administers this subpart?

    (a) A Chief FOIA Officer is appointed by the Secretary to oversee
DOT's compliance with the Act pursuant to 5 U.S.C. 552(k). The DOT
official designated to serve as Chief FOIA Officer is identified at
http://www.dot.gov/foia.
    (b) Each DOT FOIA Requester Service Center listed in Sec.  7.27 is
the initial point of contact for providing information about its
processing of requests.
    (c) One or more Public Liaisons are designated by the Chief FOIA
Officer for each DOT FOIA Requester Service Center listed in Sec.
7.27. Public Liaisons assist requesters in reducing delays and
resolving disputes, as described in 5 U.S.C. 552(k)(6).
    (d) Authority to administer this subpart and to issue
determinations with respect to initial requests and appeals of initial
denials is delegated as follows:
    (1) To the General Counsel for the records of the Office of the
Secretary other than the Office of Inspector General, and for the
concurrences required in paragraph (3)(C).
    (i) The General Counsel may redelegate the authority to administer
this part to other officials in the Office of the General Counsel.
    (ii) The General Counsel or the General Counsel's designee may
designate one or more attorneys on his or her staff to provide the
concurrences required in paragraph (3)(C).
    (2) To the Inspector General for records of the Office of Inspector
General. The Inspector General may redelegate the authority to officers
of that component.
    (3) To the Administrator of each DOT component (other than the
Inspector General) for records of that component.
    (i) Each Administrator may redelegate to officers of that component
the authority to administer this part in connection with defined groups
of records.
    (ii) Each Administrator may redelegate the authority to issue final
determinations of appeals of initial denials to the Administrator's
deputy or to not more than one other officer who reports directly to
the Administrator and who is located at the headquarters of that DOT
component.
    (iii) Any such final determination by an Administrator or the
Administrator's designee (following an appeal of an initial denial) is
subject to concurrence by the General Counsel or the General Counsel's
designee, if the final determination is not to disclose a record or
portion of a record under this part, or not to grant a request for a
fee waiver or reduction.

Sec.  7.23  What limitations apply to disclosure?

    (a) Policy. It is DOT policy to make its records available to the
public to the

greatest extent possible, in keeping with the spirit of FOIA. This
includes releasing reasonably segregable and meaningful nonexempt
information in a document from which exempt information is withheld.
    (b) Statutory disclosure requirement. As provided in 5 U.S.C.
552(a)(3)(A), DOT makes reasonably described records available upon
request from a member of the public, when the request is submitted in
accordance with this subpart, except to the extent that the records
contain information exempt from FOIA's mandate of disclosure as
provided in 5 U.S.C. 552(b).
    (c) Statutory exemptions. Exempted from FOIA's statutory disclosure
requirement are matters that are:
    (1) Specifically authorized under criteria established by Executive
Order to be kept secret in the interest of national defense or foreign
policy, and in fact properly classified pursuant to such Executive
Order;
    (2) Related solely to the internal personnel rules and practices of
an agency;
    (3) Specifically exempted from disclosure by statute (other than
the Privacy Act, 5 U.S.C. 552a or the Open Meetings Act, 5 U.S.C. 552b,
as amended), in that the statute:
    (i) Requires that the matters be withheld from the public in such a
manner as to leave no discretion on the issue, establishes particular
criteria for withholding, or refers to particular types of matters to
be withheld; and
    (ii) If enacted after October 28, 2009, specifically cites to
Exemption 3 of the FOIA (5 U.S.C. 552(b)(3));
    (4) Trade secrets and commercial or financial information obtained
from a person and privileged or confidential;
    (5) Inter-agency or intra-agency memoranda or letters that would
not be available by law to a party other than an agency in litigation
with the agency;
    (6) Personnel and medical files and similar files the disclosure of
which would constitute a clearly unwarranted invasion of personal
privacy;
    (7) Records or information compiled for law enforcement purposes,
but only to the extent that the production of such law enforcement
records or information--
    (i) Could reasonably be expected to interfere with enforcement
proceedings,
    (ii) Would deprive a person of a right to a fair or an impartial
adjudication,
    (iii) Could reasonably be expected to constitute an unwarranted
invasion of personal privacy,
    (iv) Could reasonably be expected to disclose the identity of a
confidential source, including a State, local, Tribal, or foreign
agency or authority or any private institution that furnished
information on a confidential basis, and, in the case of a record or
information compiled by a criminal law enforcement authority in the
course of a criminal investigation or by an agency conducting a lawful
national security intelligence investigation, information furnished by
a confidential source,
    (v) Would disclose techniques and procedures for law enforcement
investigations or prosecutions or would disclose guidelines for law
enforcement investigations or prosecutions if such disclosure could
reasonably be expected to risk circumvention of the law, or
    (vi) Could reasonably be expected to endanger the life or physical
safety of any individual;
    (8) Contained in or related to examination, operating, or condition
reports prepared by, on behalf of, or for the use of an agency
responsible for the regulation or supervision of financial
institutions; or
    (9) Geological and geophysical information and data, including
maps, concerning wells.
    (d) Redacted information. DOT indicates the amount of information
redacted from records released under the FOIA and the exemption(s)
relied upon in redacting the information, at the place in the record
where the redaction is made, when technically feasible and when doing
so does not harm an interest protected by the exemption concerned.
    (e) Non-confidentiality of requests. DOT releases the names of FOIA
requesters and descriptions of the records they have sought, as shown
on DOT FOIA logs, when the logs are requested under FOIA, except to the
extent that a statutory exemption authorizes or requires withholding of
the log information (for example, if the log information identifies a
first-party requester).

Sec.  7.24  What must a FOIA request contain?

    (a) Each person desiring access to or a copy of a record covered by
this subpart must make a written request (via paper, facsimile or
electronic mail) for the record. The request should--
    (1) Indicate that it is being made under FOIA.
    (2) Display the word ``FOIA'' prominently on the envelope or on the
subject line of the e-mail or facsimile.
    (3) Be addressed to the appropriate FOIA Requester Service Center
as set forth in Sec.  7.27.
    (4) State the format (e.g., paper, microfiche, computer diskette)
in which the information is sought, if the requester has a preference
(see Sec.  7.26(c)).
    (5) Describe the record or records sought to the fullest extent
possible. In this regard, the request should describe the subject
matter of the record and, if known, indicate the date when it was made,
the place where it was made, and the individual or office that made it.
If the description does not enable the office handling the request to
identify or locate the record sought, that office will contact the
requester for additional information. So that the office may contact
the requester for additional information, the request should provide
the requester's complete contact information, including name, address,
telephone number, and e-mail address, if any.
    (b) With respect to fees, the request must--
    (1) Specify the fee category (commercial use, news media,
educational institution, noncommercial scientific institution, or
other; see Sec.  7.42(g)) in which the requester claims the request to
fall and the basis of this claim (see subpart E of this part for fees
and fee waiver requirements).
    (2) Support any request for fee waiver by addressing, to the
fullest extent possible, how the criteria set out in Sec.  7.43(c) for
establishing that the request is in the public interest have been met,
if relevant.
    (3) State the maximum amount of fees that the requester is willing
to pay and/or include a request for a fee waiver or reduction (if a
maximum amount is not stated by the requester, DOT will assume the
requester is willing to pay up to US $25).
    (c) If the requester seeks expedited processing at the time of the
initial request, the request must include a statement supporting
expedited processing, as set forth in Sec.  7.31(c).
    (d) A request is not considered to be a FOIA request if the record
or records sought are insufficiently described such that DOT is unable
to respond as required by FOIA. The twenty Federal working day limit
for responding to requests, described in Sec.  7.31(a)(2), will not
start to run until the request is determined by DOT to be sufficiently
understood to enable DOT to respond as contemplated under FOIA (or
would have been so determined with the exercise of due diligence by an
employee of DOT) and is considered received (see paragraph (e)).
    (e) Provided the request is considered to be a FOIA request (see
paragraph (d)), the request is considered received when it is first
received by the FOIA office to which it should have been originally
sent, as shown in Sec.  7.27, but in any event not later than ten
Federal working days after it is first received by any DOT

FOIA Requester Service Center identified in Sec.  7.27.
    (f) As provided in Sec.  7.35, DOT's time limit for responding to a
FOIA request as set forth in subpart D may be tolled one time to seek
additional information needed to clarify the request and as often as
necessary to clarify fee issues with the requester.

Sec.  7.25  How does DOT handle first-party requests?

    (a) DOT processes FOIA requests from first-party requesters in
accordance with this regulation. DOT also processes such requests in
accordance with the Privacy Act (5 U.S.C. 552a) if the records reside
in a Privacy Act system of records (defined in 5 U.S.C. 552a(a)(5) as a
system from which information is retrieved by the individual's name or
some other personal identifier). Whichever statute provides greater
access is controlling.
    (b) The identity of a first-party requester must be established to
DOT's satisfaction before DOT will process the request. Acceptable
methods of authenticating the requester's identity include those
outlined in DOT's Privacy Act regulations at 49 CFR 10.37. Additional
requirements may be imposed for systems of records containing
particularly sensitive records. At a minimum, the requester's signature
on the request letter must either be witnessed by a notary or include
the date and the following statement immediately above the requester's
signature: ``I declare under penalty of perjury that the foregoing is
true and correct.''

Sec.  7.26  To what extent and in what format are records searched and
made available?

    (a) Existing records. A request may seek only records that are in
existence at the time of the request. In determining which records are
responsive to a request, DOT ordinarily will include only records in
its possession as of the date it begins its search for them. If any
other date is used, DOT shall inform the requester of that date. DOT
considers records created after the beginning of the search to be non-
responsive to a request. A request made under this subpart may not
require that new records be created in response to the request by, for
example, combining or compiling selected items from manual files,
preparing a new computer program, or calculating proportions,
percentages, frequency distributions, trends, or comparisons. DOT may,
in its discretion, create a new record as an alternative to disclosing
existing records, if DOT determines that creating a new record will be
less burdensome than disclosing large volumes of unassembled material
and if the requester consents to accept the newly-created record in
lieu of the existing records.
    (b) Electronic records. DOT makes a reasonable effort to search
electronic records in the manner in which they are designed to be
searched (i.e., to the extent that they are electronically searchable
without reprogramming and without significantly interfering with the
operation of the affected information system).
    (c) Format of production. DOT provides records in the form or
format sought by the requester, if the records are readily reproducible
in that form or format.
    (d) Photocopying of records. Original records ordinarily are copied
except where, in DOT's judgment, copying would endanger the quality of
the original or raise the reasonable possibility of irreparable harm to
the record. Original records are not released from DOT custody. DOT may
make records requested under this subpart available for inspection and
copying during regular business hours at the place where the records
are located.
    (e) If no responsive record is located. If DOT cannot locate a
requested record in agency files after a reasonable search (e.g.,
because the record was never created or was disposed of), DOT so
notifies the requester.

Sec.  7.27  What are the designated DOT FOIA Requester Service Centers?

    (a) A request for a record under this subpart may be submitted via
paper, facsimile, or electronic mail to the FOIA Requester Service
Center designated for the DOT component where the records are located,
as indicated below (unless a more up-to-date address has been
designated at http://www.dot.gov/foia):
    (1) FOIA Requester Service Centers at 1200 New Jersey Avenue, SE.,
Washington, DC 20590:
    (i) FOIA Requester Service Center at Federal Highway
Administration, Room E64-302 (unless a more specific address has been
designated by FHWA at http://www.fhwa.dot.gov/foia).
    (ii) FOIA Requester Service Center at Federal Motor Carrier Safety
Administration, Room W66-458.
    (iii) FOIA Requester Service Center at Federal Railroad
Administration, Room W33-437.
    (iv) FOIA Requester Service Center at Federal Transit
Administration, Room E42-315.
    (v) FOIA Requester Service Center at Maritime Administration, Room
W24-233.
    (vi) FOIA Requester Service Center at National Highway Traffic
Safety Administration, Room W41-311.
    (vii) FOIA Requester Service Center at Office of the Secretary of
Transportation, Room W94-122.
    (viii) FOIA Requester Service Center at Office of Inspector
General, Room W73-407.
    (ix) FOIA Requester Service Center at Pipeline and Hazardous
Materials Safety Administration, Room E26-109.
    (x) FOIA Requester Service Center at Research and Innovative
Technology Administration, Room E35-330.
    (2) FOIA Requester Service Center at Federal Aviation
Administration, 800 Independence Avenue, SW., Room 306, Washington, DC
20591 (unless a more specific address has been designated by FAA at
http://www.faa.dot.gov/foia).
    (3) FOIA Requester Service Center at Associate Administrator's
Office, Saint Lawrence Seaway Development Corporation, 180 Andrews
Street, P.O. Box 520, Massena, New York 13662-0520.
    (b) If the person making the request does not know where in DOT the
records are located, the person may submit the request to the FOIA
Requester Service Center at Office of the Secretary of Transportation,
1200 New Jersey Avenue, SE., Room W94-122, Washington, DC 20590 (voice:
202-366-4542; facsimile:<PHONE_NUMBER>).
    (c) Requests for records under this part, and Freedom of
Information Act inquiries generally, may be made by accessing the DOT
Home Page on the Internet (http://www.dot.gov) and clicking on the
Freedom of Information Act link (http://www.dot.gov/foia).

Sec.  7.28  How does DOT handle requests that concern more than one
Government agency?

    (a) If the release of a DOT-created record covered by this subpart
would be of concern to DOT and one or more other Federal agencies, the
determination as to release is made by DOT, but only after consultation
with the other concerned agency.
    (b) If the release of a DOT-created record covered by this subpart
would be of concern to DOT and a State, local, or Tribal Government, a
territory or possession of the United States, or a foreign Government,
the determination as to release is made by DOT, but only after
consultation with the other concerned Governmental jurisdiction.
    (c) DOT refers a request for a non-DOT-created record covered by
this subpart (or the relevant portion thereof) for decision by the
Federal agency that is best able to determine the record's exemption
status (usually, this is the

agency that originated the record), but only if that agency is subject
to FOIA. DOT makes such referrals expeditiously and notifies the
requester in writing that a referral has been made. DOT informs the
requester that the Federal agency to which DOT referred the request
will respond to the request, unless DOT is precluded from attributing
the record in question to that agency.

Sec.  7.29  When and how does DOT consult with submitters of commercial
information?

    (a) If DOT receives a request for information that has been
designated by the submitter of the information as confidential
commercial information, or that DOT has some other reason to believe
may contain information of that type (see Sec.  7.23(c)(4)), DOT
notifies the submitter expeditiously and asks the submitter to submit
any written objections to release (unless paragraphs (c) and (d) of
this section apply). At the same time, DOT notifies the requester that
notice and an opportunity to comment are being provided to the
submitter. To the extent permitted by law, DOT affords the submitter a
reasonable period of time to provide a detailed statement of any such
objections. The submitter's statement must specify all grounds for
withholding any of the information. The burden is on the submitter to
identify with specificity all information for which exempt treatment is
sought and to persuade the agency that the information should not be
disclosed.
    (b) The responsible DOT component, to the extent permitted by law,
considers carefully a submitter's objections and specific grounds for
nondisclosure prior to determining whether to disclose commercial
information. Whenever DOT decides to disclose such information over the
objection of a submitter, the office responsible for the decision
provides the submitter with a written notice of intent to disclose,
which is sent to the submitter a reasonable number of days prior to the
specified date upon which disclosure is intended. The written notice to
the submitter includes:
    (1) A statement of the reasons for which the submitter's disclosure
objections were not accepted;
    (2) A description of the commercial information to be disclosed;
and
    (3) A specific disclosure date.
    (c) The notice requirements of this section do not apply if:
    (1) The information lawfully has been published or otherwise made
available to the public; or
    (2) Disclosure of the information is required by law (other than 5
U.S.C. 552).
    (d) The procedures established in this section do not apply in the
case of:
    (1) Business information submitted to the National Highway Traffic
Safety Administration and addressed in 49 CFR part 512.
    (2) Information contained in a document to be filed or in oral
testimony that is sought to be withheld pursuant to Rule 12 of the
Rules of Practice in Aviation Economic Proceedings (14 CFR 302.12).
    (e) Whenever a requester brings suit seeking to compel disclosure
of confidential commercial information, the responsible DOT component
promptly notifies the submitter. The submitter may be joined as a
necessary party in any suit brought against DOT or a DOT component for
nondisclosure.

Subpart D--Time Limits

Sec.  7.31  What time limits apply to DOT with respect to initial
determinations?

    (a) In general. (1) DOT ordinarily responds to requests according
to their order of receipt.
    (2) DOT makes an initial determination whether to release a record
requested pursuant to subpart C of this part within twenty Federal
working days after the request is received by the appropriate FOIA
Requester Service Center designated in Sec.  7.27, except that DOT may
extend this time limit by up to ten Federal working days, or longer, in
accordance with Sec.  7.34. In addition, DOT may toll this time limit
one time to seek additional information needed to clarify the request
and as often as necessary to clarify fee issues with the requester (see
Sec.  7.35).
    (3) DOT notifies the requester of DOT's initial determination. If
DOT decides to grant the request in full or in part, DOT makes the
record (or the granted part) available as promptly as possible. If DOT
denies the request in full or in part, because the record (or the
denied part) is subject to an exemption, not within DOT's custody and
control, or was not located following a reasonable search, DOT notifies
the requester of the denial in writing and includes in the notice the
reason for the determination, the right of the requester to appeal the
determination, and the name and title of each individual responsible
for the initial determination to deny the request. The denial letter
includes an estimate of the volume of records or information withheld,
in number of pages or other reasonable form of estimation. This
estimate does not need to be provided if the volume is otherwise
indicated through deletions on records disclosed in part, or if
providing an estimate would harm an interest protected by an applicable
exemption. DOT marks or annotates records disclosed in part to show
both the amount and location of the information deleted whenever
practicable (see Sec.  7.23(d)).
    (b) Multi-track processing of initial requests. (1) A DOT component
may use two or more processing tracks by distinguishing between simple
and more complex requests based on the amount of work and/or time
needed to process the request, or based on the number of pages
involved.
    (2) A DOT component using multi-track processing may provide
requesters in its slower track(s) with an opportunity to limit the
scope of their requests in order to qualify for faster processing
within the specified limits of the component's faster track(s). In that
event, the component contacts the requester either by telephone,
letter, facsimile, or electronic mail, whichever is most efficient in
each case.
    (c) Expedited processing of initial requests. (1) Requests are
processed out of order and given expedited treatment whenever a
compelling need is demonstrated and DOT determines that the compelling
need involves:
    (i) Circumstances in which the lack of expedited treatment could
reasonably be expected to pose an imminent threat to the life or
physical safety of an individual; or
    (ii) A request made by a person primarily engaged in disseminating
information, with a time urgency to inform the public of actual or
alleged Federal Government activity.
    (2) A request for expedited processing may be made at the time of
the initial request for records or at any later time. For a prompt
determination, the request for expedited processing must be received by
the FOIA office for the component that maintains the records requested,
as identified in Sec.  7.27.
    (3) A requester who seeks expedited processing must submit a
statement, certified to be true and correct to the best of that
individual's knowledge and belief, explaining in detail the basis for
requesting expedited processing. A requester within the category in
paragraph (c)(1)(ii) of this section must establish a particular
urgency to inform the public about the Government activity involved in
the request, beyond the public's right to know about Government
activity generally.
    (4) Within ten calendar days of receipt of a request for expedited
processing, the proper component decides whether to grant it and
notifies the requester of the decision. If DOT grants a request for
expedited treatment, the request is given

priority and is processed as soon as practicable. If DOT denies a
request for expedited processing, any appeal of that decision is acted
on expeditiously.

Sec.  7.32  What time limits apply to a requester when appealing DOT's
initial or final determination?

    (a) Denial of records request. When the responsible DOT official
determines that a record request will be denied in whole or in part,
because the record is subject to an exemption, not in DOT's custody and
control, or was not located following a reasonable search, DOT provides
the requester with a written statement of the reasons for that
determination, as described in Sec.  7.31(a)(3), and of the right to
appeal the determination within DOT.
    (b) Denial of fee waiver. When the responsible DOT official denies,
in whole or in part, a request for a waiver of fees made pursuant to
Sec.  7.24(b) or Sec.  7.43(c), DOT provides the requester with written
notification of that determination and of the right to appeal the
determination within DOT.
    (c) Denial of expedited processing. When the responsible DOT
official denies a request for expedited processing made pursuant to
Sec.  7.31(c), DOT provides the requester with written notice of that
determination and of the right to appeal the determination within DOT.
    (d) Right to administrative appeal. Any requester to whom a record
has not been made available within the time limits established by Sec.
7.31 and any requester who has been provided a written determination
pursuant to paragraphs (a), (b), or (c) of this section may appeal to
the responsible DOT official.
    (1) Each appeal must be made in writing within thirty calendar days
from the date the initial determination is signed and should include
the DOT file or reference number assigned to the request and all
information and arguments relied upon by the person making the request.
Appeals must be submitted via conventional mail or facsimile, not via
electronic mail. The envelope in which a mailed appeal is sent or the
subject line of an appeal sent via facsimile should be prominently
marked: ``FOIA Appeal.'' The twenty Federal working day limit described
in Sec.  7.33(a) will not begin to run until the appeal has been
identified as an appeal under FOIA, or would have been so identified
with the exercise of due diligence, by a DOT employee, and has been
received by the appropriate office.
    (2) Whenever the responsible DOT official determines it is
necessary, the official may require the requester to furnish additional
information, or proof of factual allegations, and may order other
proceedings appropriate in the circumstances. DOT's time limit for
responding to an appeal may be extended as provided in Sec.  7.34. The
decision of the responsible DOT official as to the availability of the
record, the appropriateness of a fee waiver or reduction, or the
appropriateness of expedited processing, constitutes final agency
action for the purpose of judicial review.
    (3) The decision of the responsible DOT official to deny a record
request, to deny a request for a fee waiver or reduction, or to deny a
request for expedited processing is considered to be a denial by the
Secretary for the purpose of 5 U.S.C. 552(a)(4)(B).
    (4) When the responsible DOT official denies an appeal, the
requester is informed in writing of the reasons for the denial of the
request and the names and titles or positions of each person
responsible for the determination, and that judicial review of the
determination is available in the United States District Court for the
judicial district in which the requester resides or has his or her
principal place of business, the judicial district in which the
requested records are located, or the District of Columbia.
    (e) Right to judicial review. Any requester who has not received an
initial determination on his or her request within the time limits
established by Sec.  7.31 can seek immediate judicial review, which may
be sought without the need to first submit an administrative appeal.
Any requester who has received a written determination denying his or
her administrative appeal or who has not received a written
determination of his or her administrative appeal within the time
limits established by Sec.  7.33 can seek judicial review. A
determination that a record request is denied, that a request for a fee
waiver or reduction is denied, and/or that a request for expedited
processing is denied does not constitute final agency action for the
purpose of judicial review unless it is made by the responsible DOT
official. Judicial review may be sought in the United States District
Court for the judicial district in which the requester resides or has
his or her principal place of business, the judicial district in which
the requested records are located, or the District of Columbia.

Sec.  7.33  What time limits apply to DOT with respect to
administrative appeals (final determinations)?

    (a) In general. (1) FOIA offices ordinarily process appeals
according to their order of receipt.
    (2) DOT issues a determination with respect to any appeal made
pursuant to Sec.  7.32(d) within twenty Federal working days after
receipt of such appeal, except that in unusual circumstances DOT may
extend this time limit by up to ten Federal working days in accordance
with Sec.  7.34(a) or for more than ten Federal working days in
accordance with Sec.  7.34(b) (but only if DOT did not extend the time
limit for its initial response based on unusual circumstances). DOT
notifies the requester making the appeal immediately, in writing, if
the agency takes an extension of time. DOT may inform the requester
making the appeal, at any time, of exceptional circumstances delaying
the processing of the appeal (see Sec.  7.34(c)).
    (b) Multi-track processing of appeals. (1) A DOT component may use
two or more processing tracks by distinguishing between simple and more
complex appeals based on the amount of work and/or time needed to
process the appeal, or based on the amount of information involved.
    (2) A DOT component using multi-track processing may provide
persons making appeals in its slower track(s) with an opportunity to
limit the scope of their appeals in order to qualify for faster
processing within the specified limits of the component's faster
track(s). A component doing so will contact the person making the
appeal either by telephone, letter, facsimile, or electronic mail,
whichever is most efficient in each case.
    (c) Expedited processing of appeals. (1) An appeal is processed out
of order and given expedited treatment whenever a compelling need is
demonstrated and DOT determines that the compelling need involves:
    (i) Circumstances in which the lack of expedited treatment could
reasonably be expected to pose an imminent threat to the life or
physical safety of an individual; or
    (ii) A request made by a person primarily engaged in disseminating
information, with a time urgency to inform the public of actual or
alleged Federal Government activity.
    (2) A request for expedited processing may be made at the time of
the appeal or at a later time. For a prompt determination, a request
for expedited processing must be received by the component that is
processing the appeal for the records requested.
    (3) A requester who seeks expedited processing must submit a
statement, certified to be true and correct to the best of that
individual's knowledge and belief, explaining in detail the basis for
requesting expedited processing. A

requester within the category in paragraph (c)(1)(ii) of this section
must establish a particular time urgency to inform the public about the
Government activity involved in the request, beyond the public's right
to know about Government activity generally. A person granted expedited
processing under Sec.  7.31(c) need merely certify that the same
circumstances apply.
    (4) Within ten calendar days of receipt of a request for expedited
processing, the proper component will decide whether to grant it and
will notify the requester of the decision. If a request for expedited
treatment is granted, the appeal will be given priority and will be
processed as soon as practicable. If a request for expedited processing
of an appeal is denied, no further administrative recourse is
available.

Sec.  7.34  When and how are time limits applicable to DOT extended?

    (a) In unusual circumstances as specified in this section, DOT may
extend the time limits prescribed in Sec. Sec.  7.31 and 7.33 by
written notice to the person making the request or appeal, setting
forth the reasons for the extension and the date on which a
determination is expected to be issued. Such notice may not specify a
date that would result in a cumulative extension of more than ten
Federal working days without providing the requester an opportunity to
modify the request as noted in this section. As used in this paragraph,
``unusual circumstances'' means, but only to the extent reasonably
necessary to the proper processing of the particular request:
    (1) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request;
    (2) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records that are demanded in
a single request; and/or
    (3) The need for consultation, which will be conducted with all
practicable speed, with any other agency having a substantial interest
in the determination of the request or among two or more DOT components
having substantial interest therein.
    (b) When the extension is for more than ten Federal working days,
the written notice provides the requester with an opportunity to either
modify the request (e.g., by narrowing the record types or date ranges)
so that it may be processed within the extended time limit, or arrange
an alternative time period with the DOT component for processing the
request (e.g., by prioritizing portions of the request).
    (c) The DOT component may inform the requester, at any time, of
exceptional circumstances that apply to the processing of the request
or appeal (i.e., if the component is reducing a backlog of requests or
appeals in addition to processing current requests, or is experiencing
an unexpected deluge of requests or appeals), as provided in 5 U.S.C.
552(a)(6)(C).
    (d) When a DOT component reasonably believes that multiple requests
submitted by a requester, or by a group of requesters acting in
concert, constitute a single request that would otherwise involve
unusual circumstances, and the requests involve clearly related
matters, DOT may aggregate the requests for the purposes of fees and
processing activities, which may result in an extension of the
processing time. Multiple requests involving unrelated matters are not
aggregated.

Sec.  7.35  When and how is the 20-day time limit for rendering an
initial determination tolled?

    The twenty Federal working day time period in which to render an
initial determination will proceed without interruption except as
provided in the following:
    (a) DOT may toll the initial twenty Federal working day time period
one time for the purpose of seeking additional information needed to
clarify the request. Examples of such instances include but are not
limited to:
    (1) When clarification is needed with regard to the scope of a
request; or
    (2) When the description of the record(s) being sought does not
enable the component handling the request to identify or locate the
record(s).
    (b) DOT may toll the initial twenty Federal working day time period
as often as necessary to clarify fee issues with the requester.
Examples of such instances include but are not limited to:
    (1) When the requester has not sufficiently identified the fee
category applicable to the request; or
    (2) When the requester has not stated a willingness to pay fees as
high as anticipated by DOT; or
    (3) When a fee waiver request is denied and the requester has not
included an alternative statement of willingness to pay fees as high as
anticipated by DOT.

Subpart E--Fees

Sec.  7.41  When and how are processing fees imposed for records that
are made available under subpart B or processed under subpart C?

    (a) DOT imposes fees for services that DOT performs for the public
under subparts B and C of this part. Fees apply to all required and
special services performed by DOT employees, including employees of
non-appropriated fund activities, and contractors, if utilized.
    (b) DOT may assess a fee for time spent searching for records
requested under subpart C even if the search fails to locate records or
the records located are determined to be exempt from disclosure. In
addition, if records are requested for commercial use, DOT may assess a
fee for time spent reviewing any responsive records located to
determine whether they are exempt from disclosure.
    (c) When a request is made under subpart C by a first-party
requester and DOT processes the request under both FOIA and the Privacy
Act, DOT determines the fees for records in DOT Privacy Act systems of
record in accordance with the Privacy Act (as implemented by DOT
regulations at 49 CFR part 10) rather than the FOIA.
    (d) When DOT aggregates requests made under subpart C (see Sec.
7.34(d)), DOT apportions fees as set forth in Sec.  7.43(b).
    (e) As a special service, DOT may certify copies of records made
available under subpart B or released under subpart C, upon request and
payment of the applicable fee: with the DOT seal (where authorized)--US
$10; or true copy, without seal--US $5. Certified copies can be
requested by contacting the applicable FOIA Requester Service Center
(see Sec.  7.27) or the DOT Dockets Office identified in Sec.
7.12(b)(1).
    (f) DOT makes transcripts of hearings or oral arguments available
for inspection only. If transcripts are prepared by a nongovernmental
contractor and the contract permits DOT to handle the reproduction of
further copies, DOT assesses duplication fees as set forth in Sec.
7.42(d). If the contract for transcription services reserves the sales
privilege to the reporting service, any duplicate copies must be
purchased directly from the reporting service.
    (g) In the interest of making documents of general interest
publicly available at as low a cost as possible, DOT arranges
alternative sources whenever possible. In appropriate instances,
material that is published and offered for sale may be purchased from
the Superintendent of Documents, U.S.

Government Printing Office, Washington, DC 20402-0001; U.S. Department
of Commerce's National Technical Information Service (NTIS),
Springfield, Virginia 22151; or National Audio-Visual Center, National
Archives and Records Administration, Capital Heights, MD 20743-3701.

Sec.  7.42  What is DOT's fee schedule for records requested under
subpart C?

    (a) DOT calculates the hourly rates for manual searching, computer
operator/programmer time, and time spent reviewing records, when
performed by employees, based on the grades and rates in the
Washington-Baltimore Federal White-Collar Pay Schedule or equivalent
grades, plus 16% to cover fringe benefits, as follows:
    (1) GS-1 through GS-8 (or equivalent)--Hourly rate of GS-5 step 7
plus 16%.
    (2) GS-9 through GS-12 (or equivalent)--Hourly rate of GS-10 step 7
plus 16%.
    (3) GS-13 through GS-14 (or equivalent)--Hourly rate of GS-13 step
7 plus 16%.
    (4) GS-15 and above (or equivalent)--Hourly rate of GS-15 step 7
plus 16%.
    (b) DOT determines the standard fee for a manual or electronic
search to locate records by multiplying the searcher's hourly rate as
calculated from the chart in paragraph (a) of this section by the time
spent conducting the search.
    (c) DOT's standard fee for review of records is the reviewer's rate
as calculated from the chart in paragraph (a) of this section,
multiplied by the time the reviewer spent determining whether the
located records are responsive to the request and whether the
responsive records or segregable portions are exempt from disclosure,
as explained in paragraphs (h), (i), and (j) of this section.
    (d) DOT determines the standard fee for duplication of records as
follows:
    (1) Per copy of each page (not larger than 8.5 x 14 inches)
reproduced by photocopy or similar means (includes costs of personnel
and equipment)--US $0.10.
    (2) Per copy prepared by any other method of duplication--actual
direct cost of production.
    (e) If DOT utilizes a contractor to perform any services described
in this section, the standard fee is based on the equivalent hourly
rate(s). DOT does not utilize contractors to discharge responsibilities
that only DOT may discharge under the FOIA.
    (f) In some cases, depending upon the category of requester and the
use for which the records are requested, the fees computed in
accordance with the standard fee schedule in paragraphs (a) through (e)
of this section are either reduced or not charged, as prescribed by
other provisions of this subpart.
    (g) For purposes of fees only, there are four categories of FOIA
requests:
    (1) Requests submitted by a commercial entity and/or for a
commercial use;
    (2) Requests submitted by an educational or noncommercial
scientific institution whose purpose is scholarly or scientific
research (and not for a commercial use);
    (3) Requests submitted by a representative of the news media; and
    (4) All other requests.
    (h) When records are requested by a commercial requester and/or for
a commercial use, the fees assessed are reasonable standard charges for
document search, duplication, and review.
    (i) When records are requested by an educational or noncommercial
scientific institution whose purpose is scholarly or scientific
research or by a representative of the news media (i.e., for a non-
commercial use), fees are limited to reasonable standard charges for
document duplication.
    (j) For any request not described in paragraph (h) or (i) of this
section, fees are limited to reasonable standard charges for document
search and duplication.
    (k) Fees under this subpart do not apply to any special study,
special statistical compilation, table, or other record requested under
49 U.S.C. 329(c). The fee for the performance of such a service is the
actual cost of the work involved in compiling the record. All such fees
received by DOT in payment of the cost of such work are deposited in a
separate account administered under the direction of the Secretary, and
may be used for the ordinary expenses incidental to providing the
information.

Sec.  7.43  When are fees waived or reduced, for records requested
under subpart C?

    (a) DOT does not charge fees to any requester making a request
under subpart C of this part for the following services:
    (1) Services for which the total amount of fees that could be
charged for the particular request (or aggregation of requests) is less
than US $20, after taking into account all services that must be
provided free of charge or at a reduced charge.
    (2) The first two hours of search time, unless the records are
requested for commercial use.
    (3) Duplication of the first 100 pages (standard paper, not larger
than 8.5 x 14 inches) of records, unless the records are requested for
commercial use.
    (4) Review time spent determining whether a record is exempt from
disclosure, unless the record is requested for commercial use. (DOT
does not charge for review time except with respect to an initial
review to determine the applicability of a particular exemption to a
particular record or portion of a record. DOT does not charge for
review at the administrative appeal level. However, when records or
portions of records withheld under an exemption that is subsequently
determined not to apply are reviewed again to determine the
applicability of other exemptions not previously considered, this is
considered an initial review for purposes of assessing a review
charge.)
    (b) When DOT aggregates requests as provided in Sec.  7.34(d), DOT
charges each requester a ratable portion of the fees charged for
combined services rendered on behalf of all requesters.
    (c) DOT waives or reduces the fees described in Sec.  7.42(i) and
(j) when the requester makes a fee waiver or reduction request as
provided in Sec.  7.24(b) and establishes that disclosure of the
information is in the public interest as provided in 5 U.S.C. 552 and
this paragraph, and the DOT official having initial denial authority
determines that disclosure of the information is in the public interest
and is not primarily in the commercial interest of the requester. The
requester must establish all of the following factors to DOT's
satisfaction to show that the request is in the public interest:
    (1) That the subject matter of the requested records concerns the
operations or activities of the Federal Government.
    (2) That the disclosure is likely to contribute to an understanding
of Federal Government operations or activities.
    (3) That disclosure of the requested information will contribute to
the understanding of the public at large, as opposed to the
understanding of the individual requester or a narrow segment of
interested persons (to establish this factor, the requester must show
an intent and ability to disseminate the requested information to a
reasonably broad audience of persons interested in the subject; for
example, merely maintaining a Web site is insufficient to establish
this factor).
    (4) That the contribution to public understanding of Federal
Government operations or activities will be significant.
    (5) That the requester does not have a commercial interest that
would be furthered by the requested disclosure or that the magnitude of
any identified

commercial interest to the requester is not sufficiently large in
comparison with the public interest in disclosure to render the
disclosure one that is primarily in the commercial interest of the
requester.
    (d) DOT furnishes documents without charge or at a reduced charge
when the official having initial denial authority determines that the
request concerns records related to the death of an immediate family
member who was, at the time of death, a DOT employee.
    (e) DOT furnishes documents without charge or at a reduced charge
if the official having initial denial authority determines that the
request is by the victim of a crime who seeks the record of the trial
at which the requester testified.
    (f) DOT does not assess the following fees when DOT fails to comply
with the time limits under Sec. Sec.  7.31 or 7.33 and no unusual or
exceptional circumstances (see Sec.  7.34(a) and (c)) apply to the
processing of the request or appeal:
    (1) Search fees otherwise chargeable under Sec.  7.42(h) and (j);
and
    (2) Duplication fees otherwise chargeable under Sec.  7.42(i).

Sec.  7.44  How can I pay a processing fee for records requested under
subpart B or subpart C?

    (a) Fees should be paid online, using a credit card, debit card, or
electronic check. The DOT FOIA page (http://www.dot.gov/foia) has
direct links to the electronic payment site. Any fees paid with a paper
check, draft, or money order must be made payable to the U.S. Treasury
and delivered as directed by the applicable FOIA Requester Service
Center identified in Sec.  7.27 (if the fees are for records made
available under subpart C) or the DOT Dockets Office identified in
Sec.  7.12(b)(1) (if the fees are for records made available under
subpart B).

Sec.  7.45  When are pre-payments required for records requested under
subpart C, and how are they handled?

    (a) When DOT estimates that the search charges, review charges,
duplication fees, or any combination of fees that could be charged to
the requester will likely exceed US $25, DOT notifies the requester of
the estimated amount of the fees, unless the requester has previously
indicated a willingness to pay fees as high as those anticipated. In
cases where DOT notifies the requester that actual or estimated fees
may amount to more than US $25, the time limit for responding to the
request is tolled until the requester has agreed to pay the anticipated
total fee (see Sec.  7.35). The notice also informs the requester how
to consult with the appropriate DOT officials with the object of
reformulating the request to meet his or her needs at a lower cost.
    (b) DOT may require payment of fees prior to actual duplication or
delivery of any releasable records to a requester. However, advance
payment, i.e., before work is commenced or continued on a request, is
not required unless:
    (1) Allowable charges that a requester may be required to pay are
likely to exceed US $250; or
    (2) The requester has failed to pay within 30 days of the billing
date fees charged for a previous request to any part of the U.S.
Government.
    (c) When paragraph (b)(1) of this section applies, DOT notifies the
requester of the estimated cost. If the requester has a history of
prompt payment of FOIA fees, the requester must furnish satisfactory
assurance of full payment of the estimated charges. Otherwise, the
requester may be required to make advance payment of any amount up to
the full estimated charges.
    (d) When paragraph (b)(2) of this section applies, DOT requires the
requester to either demonstrate that the fee has been paid or pay the
full amount owed, including any applicable interest, late handling
charges, and penalty charges as discussed in Sec.  7.46. DOT also
requires such a requester to make an advance payment of the full amount
of the estimated fee before DOT begins processing a new request or
continues processing a pending request.
    (e) In the event that a DOT component is required to refund a
prepayment, the processing of the refund may necessitate collection of
the requester's Taxpayer Identification Number or Social Security
Number and direct deposit information (bank routing number and bank
account number) under 31 U.S.C. 3325, 31 U.S.C. 3332, and 31 CFR Part
208.

Sec.  7.46  How are late payments handled?

    (a) DOT assesses interest on an unpaid bill starting on the 31st
day following the day on which the notice of the amount due is first
mailed to the requester. Interest accrues from the date of the notice
of amount due at the rate prescribed in 31 U.S.C. 3717. Receipt by DOT
of a payment for the full amount of the fees owed within 30 calendar
days after the date of the initial billing stops the accrual of
interest, even if the payment has not been processed.
    (b) If DOT does not receive payment of the fees charged within 30
calendar days after the date the initial notice of the amount due is
first mailed to the requester, DOT assesses an administrative charge to
cover the cost of processing and handling the delinquent claim. In
addition, DOT applies a penalty charge with respect to any principal
amount of a debt that is more than 90 days past due. Where appropriate,
DOT uses other steps permitted by Federal debt collection statutes,
including disclosure to consumer reporting agencies and use of
collection agencies, to encourage payment of amounts overdue.

    Issued in Washington, DC, on December 20, 2010.
Ray LaHood,
Secretary.
[FR Doc. 2010-32407 Filed 12-23-10; 8:45 am]
BILLING CODE 4910-62-P


[Federal Register: September 24, 2009 (Volume 74, Number 184)]
[Notices]
[Page 48727-48728]
[DOCID:fr24se09-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

September 16, 2009.
    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG09-92-000.
    Applicants: Eurus Combine Hills II LLC.
    Description: Eurus Combine Hills II LLC submits notice of self-
certification as an exempt wholesale generator.
    Filed Date: 09/14/2009.
    Accession Number: 20090916-0077.
    Comment Date: 5 p.m. Eastern Time on Monday, October 05, 2009.
    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER00-2129-003; ER04-944-007; ER99-1801-012.
    Applicants: Orion Power Midwest, L.P., RRI Energy Wholesale
Generation, LLC, RRI Energy Solutions East, LLC.
    Description: Amendment to the Triennial Report of RRI Central MBR
Entities.
    Filed Date: 09/15/2009.
    Accession Number: 20090915-5054.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 06, 2009.

    Docket Numbers: ER03-1284-007; ER05-1202-007; ER08-1225-004.
    Applicants: Blue Canyon Windpower II LLC, Cloud County Wind Farm,
LLC, Blue Canyon Windpower LLC.
    Description: Blue Canyon Windpower LLC et al submits notice of non-
material change in status in compliance with the reporting requirements
set forth in section 35.42 of the regulations of the FERC.
    Filed Date: 09/15/2009.
    Accession Number: 20090916-0076.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 06, 2009.

    Docket Numbers: ER06-615-053; ER09-556-002; ER08-367-007.
    Applicants: California Independent System Operator Corporation.
    Description: Motion of the California Independent System Operator
Corporation to Modify the Effective Date of Certain Tariff Revisions.
    Filed Date: 09/11/2009.
    Accession Number: 20090911-5108.
    Comment Date: 5 p.m. Eastern Time on Friday, October 02, 2009.

    Docket Numbers: ER09-412-007.
    Applicants: PJM Interconnection LLC.
    Description: PJM Interconnection, LLC submits revisions to the PJM
Open Access Transmission Tariff, FERC Electric Tariff Sixth Revised
Volume 1 to incorporate changes directed by the Aug. 14 Order.
    Filed Date: 09/14/2009.
    Accession Number: 20090916-0015.
    Comment Date: 5 p.m. Eastern Time on Monday, October 05, 2009.

    Docket Numbers: ER09-1574-001.
    Applicants: MidAmerican Energy Company.
    Description: MidAmerican Energy Company submits Substitute First
Revised Rate Schedule No 42 et al.
    Filed Date: 09/14/2009.
    Accession Number: 20090914-0077.
    Comment Date: 5 p.m. Eastern Time on Monday, October 05, 2009.

    Docket Numbers: ER09-1618-000.
    Applicants: Montana Alberta Tie Ltd.
    Description: Supplemental Information of Montana Alberta Tie Ltd,
and MATL LLP.
    Filed Date: 09/10/2009.
    Accession Number: 20090910-5107.
    Comment Date: 5 p.m. Eastern Time on September 21, 2009.

    Docket Numbers: ER09-1695-000.
    Applicants: Public Service Company of New Mexico.
    Description: Public Service Company of New Mexico submits a
transmission service agreement with Third Planet Windpower, LLC.
    Filed Date: 09/11/2009.
    Accession Number: 20090911-0055.
    Comment Date: 5 p.m. Eastern Time on Friday, October 02, 2009.

    Docket Numbers: ER09-1699-000.
    Applicants: Eurus Combine Hills II LLC.
    Description: Eurus Combine Hills II, LLC submits application for
market based rate authority and associated waivers and blanket
approvals.
    Filed Date: 09/14/2009.
    Accession Number: 20090916-0014.
    Comment Date: 5 p.m. Eastern Time on Monday, October 05, 2009.

    Docket Numbers: ER09-1706-000.
    Applicants: Tampa Electric Company.
    Description: Tampa Electric Company submits contract for the
purchase and sale of economy energy between Tampa Electric and The
Energy Authority, Inc.
    Filed Date: 09/14/2009.
    Accession Number: 20090915-0062.
    Comment Date: 5 p.m. Eastern Time on Monday, October 05, 2009.

    Docket Numbers: ER09-1707-000.
    Applicants: PacifiCorp.
    Description: PacifiCorp Energy submits notice of termination of
Rate Schedule No. 389 with Bonneville Power Administration.
    Filed Date: 09/14/2009.
    Accession Number: 20090915-0061.
    Comment Date: 5 p.m. Eastern Time on Monday, October 05, 2009.

    Docket Numbers: ER09-1708-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc submits for
request for a one time waiver.
    Filed Date: 09/15/2009.
    Accession Number: 20090915-0060.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 06, 2009.

    Docket Numbers: ER09-1709-000.
    Applicants: Midwest Independent Transmission System.
    Description: Midwest Independent Transmission System Operator, Inc
submits revisions to the Credit Policy in Attachment L and Module A of
the Midwest ISO's Open Access Transmission, Energy and Operating
Reserves Market Tariff.
    Filed Date: 09/15/2009.
    Accession Number: 20090916-0018.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 06, 2009.
    Take notice that the Commission received the following open access
transmission tariff filings:
    Docket Numbers: OA09-11-001.
    Applicants: Black Hills Power, Inc.
    Description: Transmission Providers submits a revised version of
Attachment K to their joint open access transmission tariff on file
with FERC.
    Filed Date: 09/15/2009.
    Accession Number: 20090916-0017.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 06, 2009.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.

    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 proceedings 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>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-22998 Filed 9-23-09; 8:45 am]

BILLING CODE 6717-01-P