Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Notices 11115 

(e.g., name, address, etc.), confidential 

business information, or otherwise 

sensitive information submitted 

voluntarily by the sender will be 

publicly accessible. We will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

SUPPLEMENTARY INFORMATION: The 

Administration is updating the NAP 

RBC to show how the U.S. Government 

encourages businesses to achieve high 

standards of responsible business 

conduct and champions U.S. businesses 

that demonstrate best practices in that 

regard. It will also highlight what the 

U.S. Government is doing, including 

with partners, to encourage responsible 

business conduct by U.S. businesses 

operating and investing abroad. 

The Department of State is leading the 

update of the NAP RBC in coordination 

with the White House and other federal 

agencies. The process will involve U.S. 

private sector, civil society, and 

workers’ organizations, and will serve to 

promote RBC by U.S. businesses 

operating and investing abroad. The last 

National Action Plan—the U.S. 

Government’s first—was published on 

December 16, 2016. (See 2016 National 

Action Plan on Responsible Business 

Conduct here: https://2009- 

2017.state.gov/e/eb/eppd/csr/naprbc/ 

265706.htm). 

RBC is a broad concept based on 

growing evidence that businesses can 

perform well while doing good, and that 

governments should create and facilitate 

the conditions for this to take place. The 

principles underlying this concept are 

encompassed in the UN Guiding 

Principles on Business and Human 

Rights and the OECD Guidelines for 

Multinational Enterprises. They place 

importance on three aspects of the 

business-society relationship: 

• Emphasizing and accentuating the 

positive contributions businesses can 

make to economic, environmental, and 

social progress. 

• Committing to robust due diligence 

efforts, including identifying and 

mitigating adverse impacts of business 

conduct, and remedying abuses where 

they occur. 

• Ensuring businesses are aware of 

and complying with legal obligations 

within their supply chains both at home 

and overseas. 

We are updating the NAP in light of 

the U.S. Government’s commitment to 

promoting fair play, the rule of law, and 

high standards for global commerce in 

line with democratic values and 

responsible business conduct. This 

includes supporting a foreign policy 

that benefits the middle class by 

ensuring workers’ rights and a level 

playing field for American workers; 

protecting the environment; combating 

the climate crisis; promoting rightsrespecting technology deployment; and 

helping U.S. businesses to be global 

leaders in promoting respect for human 

rights and responsible business conduct 

in the communities where they operate. 

The revitalized NAP will build upon 

the previous framework. We are 

committed to coordinating and 

advancing policies that promote 

responsible business conduct by U.S. 

businesses operating and investing 

abroad, and work with all stakeholders 

to reach our joint goals. 

Further information, including 

Frequently Asked Questions, is 

available on the following website: 

https://www.state.gov/responsiblebusiness-conduct-national-action-plan/. 

For questions concerning this notice, 

contact the State Department’s NAP 

RBC team at RBCNAP@state.gov. 

(Authority: 22 U.S.C. 2656) 

Zachary A. Parker, 

Director, Office of Directives Management, 

U.S. Department of State. 

[FR Doc. 2022–04178 Filed 2–25–22; 8:45 am] 

BILLING CODE 4710–AE–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2020–0144] 

[Hours of Service of Drivers: Mountain 

Blade Runner Helicopters, LLC (MBR 

Helicopters); Application for 

Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition; 

denial of application for exemption. 

SUMMARY: FMCSA announces its 

decision to deny the exemption request 

from Mountain Blade Runner 

Helicopters, LLC (MBR Helicopters) for 

an exemption from the hours-of-service 

(HOS) regulations for operators of its 

ground support equipment. MBR 

Helicopters requested relief from the 14- 

hour ‘‘driving window’’ rule and the 

requirement that drivers have 10 

consecutive hours off duty at the end of 

the work shift. The exemption would 

allow drivers of MBR Helicopters’ 

ground support equipment a 16-hour 

window to complete all driving and 

enable them to use an 8-consecutive 

hour off-duty break, combined with at 

least 2 additional off-duty hours during 

the 16-hour driving window. FMCSA 

analyzed the exemption application and 

public comments, and determined that 

the application lacked evidence that the 

exemption would ensure a level of 

safety equivalent to or greater than that 

which would be achieved absent such 

exemption. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; (202) 366–2722; MCPSD@

dot.gov. If you have questions on 

viewing or submitting material to the 

docket, contact Dockets Operations, 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

www.regulations.gov and insert the 

docket number, FMCSA–2020–0144 in 

the ‘‘Keyword’’ box and click ‘‘Search.’’ 

Next, click the ‘‘Open Docket Folder’’ 

button and choose the document to 

review. If you do not have access to the 

internet, you may view the docket 

online by visiting the Docket 

Management Facility in Room W12–140 

on the ground floor of the DOT West 

Building, 1200 New Jersey Avenue SE, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., e.t., Monday through Friday, 

except Federal holidays. To be sure 

someone is there to help you, please call 

(202) 366–9317 or (202) 366–9826 

before visiting Dockets Operations. 

II. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 to grant exemptions 

from certain Federal Motor Carrier 

Safety Regulations (FMCSRs). FMCSA 

must publish a notice of each exemption 

request in the Federal Register (49 CFR 

381.315(a)). The Agency must provide 

the public an opportunity to inspect the 

information relevant to the application, 

including any safety analyses that have 

been conducted. The Agency must also 

provide an opportunity for public 

comment on the request. 

The Agency reviews safety analyses 

and public comments submitted, and 

determines whether granting the 

exemption would likely achieve a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulation (49 CFR 381.305). 

The decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)) with the reasons for 

denying or granting the application and, 

if granted, the name of the person or 


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11116 Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Notices 

class of persons receiving the 

exemption, and the regulatory provision 

from which the exemption is granted. 

The notice must also specify the 

effective period (up to 5 years) and 

explain the terms and conditions of the 

exemption. The exemption may be 

renewed (49 CFR 381.300(b)). 

III. Current Regulations 

Under 49 CFR 395.3(a)(1), a driver 

may not drive without first taking 10 

consecutive hours off duty, and 49 CFR 

395.3(a)(2) permits a driver to drive only 

during a period of 14 consecutive hours 

after coming on duty following 10 

consecutive hours off duty. The driver 

may not drive after the end of the 14- 

consecutive-hour period, without first 

taking 10 consecutive hours off duty. 

IV. Request for Exemption 

MBR Helicopters requested relief from 

the 14-hour ‘‘driving window’’ rule and 

the requirement that drivers have 10 

consecutive hours off duty at the end of 

the work shift. The requested exemption 

would allow drivers of MBR 

Helicopters’ ground support equipment 

a 16-hour window within which to 

complete all driving and enable them to 

use an 8-consecutive hour off-duty 

break, combined with at least 2 

additional off-duty hours during the 16- 

hour driving window. 

MBR Helicopters has been serving the 

utility helicopter industry and its 

customers since 2008 in the State of 

Colorado and across the United States. 

MBR Helicopters requested this 

exemption for approximately 10 of its 

drivers of ground support commercial 

motor vehicles (CMVs), all of whom 

possess commercial driver licenses 

(CDLs) with applicable endorsements. 

MBR Helicopters currently operates a 

fleet of Class 5 straight trucks and 

pickup trucks that pull trailers. Drivers 

of ground support equipment are 

specially trained to refuel, rig, reload, 

and maintain helicopters. They also 

operate CMVs transporting helicopter 

fuel that requires a CDL with a 

hazardous materials and tank 

endorsement. 

The driver of an MBR Helicopters 

ground-support CMV typically drives an 

average of 60 miles one way to a remote 

landing zone, arrives at dawn, performs 

duties during the day, drives back to an 

airport to refill the tank with helicopter 

fuel, then drives back to the place of 

lodging near dusk. During the day, 

ground crew members have relatively 

few duties, allowing 2 or more hours off 

duty between tasks. This schedule 

varies greatly depending on customer 

needs. In general, however, when not 

responding to or returning from 

incidents, work days usually last about 

8 to 10 hours, including all on-duty and 

driving time. 

MBR Helicopters’ contracts with 

government agencies specify that its 

maintenance personnel must be 

available for a maximum of 14 hours, 

and that maintenance personnel may 

extend their duty day to 16 hours. The 

ground crews travel between the 

helicopter base and the place of lodging, 

thus making it difficult to stay within 

the 14-hour limit because of travel 

before and after the work day. 

V. Method To Ensure an Equivalent or 

Greater Level of Safety 

To ensure an equivalent level of 

safety, MBR Helicopters proposed the 

following conditions and alternative 

HOS provisions: 

• MBR Helicopters’ drivers would, on 

average, use the exemption once every 

2 weeks during the months of April 

through October; 

• MBR Helicopters’ drivers would not 

drive after the 16th hour after coming on 

duty; 

• MBR Helicopters’ drivers would 

take 8 hours consecutively off duty 

before coming on duty again; 

• MBR Helicopters’ drivers must have 

at least 2 hours off duty during the16- 

hour period; and 

• MBR Helicopters’ drivers must be 

responding to or returning from an 

active incident as requested by an 

officer of a public agency or public 

utility. 

MBR Helicopters stated that these 

conditions and alternatives are designed 

to keep the drivers using the potential 

exemption from driving fatigued. MBR 

Helicopters added that these conditions 

would ensure that the drivers 

authorized to use this exemption have 

guidelines that would enable them to 

use it only when necessary. 

VI. Public Comments 

On December 18, 2020, FMCSA 

published notice of the MBR 

Helicopters application and requested 

public comment (85 FR 82574). The 

Agency received two comments, both 

opposing the exemption request. The 

Commercial Vehicle Safety Alliance 

stated the following: 

In MBR Helicopters’ request they fail to 

adequately identify how their drivers will 

maintain an equivalent level of safety while 

operating under extended hours-of-service 

requirements, which is a key component to 

a credible exemption request. Granting this 

request would extend the amount of time 

drivers can operate, exposing them to higher 

risk for fatigue and negatively impacting 

safety. Under extenuating emergency 

circumstances, emergency declarations are 

issued that waive the hours-of-service 

requirements for drivers responding to the 

emergency. Emergency declarations exist for 

the exact reasons outlined in the exemption 

request, to allow for operation beyond the 

current hours-of-service framework when 

there is an emergency that requires an 

expedited response. Short of an emergency 

declaration, there isn’t a reasonable need for 

relaxation of the hours-of-service 

requirements to the level requested in this 

application. FMCSA should deny the 

exemption request. 

Mr. Michael Millard added: 

When working wildfires and other 

emergency activities MBR has the use of Part 

390.23 as applicable to work the emergency 

based on its safety protocols. MBR doesn’t 

specify whether or not the eight-hour break 

includes a commute time to and from work 

which makes the eight hours more like six 

hours or less. I hope the FMCSA denies 

MBR’s request. If eight hours were suitable 

for drivers to get adequate rest, then the 

Federal Motor Carrier Safety Regulations 

should be revised to accommodate the 

trucking industry. 

VII. FMCSA Safety Analysis and 

Decision 

When the Agency established the 

HOS rules, it relied upon research 

indicating that the requirements 

improve CMV safety. The HOS 

regulations provide a 14-hour window 

within which all driving must be 

completed and, with the exception of 

the adverse driving clause dna the 

sleeper berth provision, all drivers 

subject to the HOS requirements must 

adhere to this restriction which helps to 

ensure that drivers remain alert during 

the work shift. In addition, the current 

regulations require that drivers of 

property-carrying vehicles have 10 

consecutive hours off duty at the end of 

the work shift to ensure adequate 

opportunities for recuperative rest prior 

to the beginning of the next work shift. 

The exemption application does not 

provide sufficient countermeasures to 

enable the Agency to conclude that the 

exemption would likely achieve a level 

of safety equivalent to, or greater than, 

the level that would be achieved by 

complying with the current regulations. 

There is no basis to conclude that 

extending the 14-hour ‘‘driving 

window’’ for the applicant would 

ensure the requisite level of safety or 

that decreasing the mandatory off-duty 

period would provide drivers with a 

sufficient amount of rest. 

FMCSA has reviewed MBR’s 

application and the public comments 

and has concluded that the requisite 

level of safety cannot be ensured, for the 

reasons discussed above. Accordingly, 


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Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Notices 11117 

FMCSA denies the request for an 

exemption. 

Robin Hutcheson, 

Acting Administrator. 

[FR Doc. 2022–04073 Filed 2–25–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Community Development Financial 

Institutions Fund 

Bond Guarantee Program, Fiscal Year 

2022; Guarantee Availability 

Funding Opportunites: Bond 

Guarantee Program, FY 2022; Notice of 

Guarantee Availability. 

Funding Opportunity Title: Notice of 

Guarantee Availability (NOGA) inviting 

Qualified Issuer Applications and 

Guarantee Applications for the 

Community Development Financial 

Institutions (CDFI) Bond Guarantee 

Program. 

Announcement Type: Announcement 

of opportunity to submit Qualified 

Issuer Applications and Guarantee 

Applications. 

Catalog of Federal Domestic 

Assistance (CFDA) Number: 21.011. 

Dates: Qualified Issuer Applications 

and Guarantee Applications may be 

submitted to the CDFI Fund starting on 

the date of publication of this NOGA. In 

order to be considered for the approval 

of a Guarantee in fiscal year (FY) 2022, 

Qualified Issuer Applications must be 

submitted by 11:59 p.m. Eastern Time 

(ET) on April 20, 2022 and Guarantee 

Applications must be submitted by 

11:59 p.m. ET on April 26, 2022. If 

applicable, CDFI Certification 

Applications must be received by the 

CDFI Fund by 11:59 p.m. ET on March 

28, 2022. Under FY 2022 authority, 

Bond Documents and Bond Loan 

documents must be executed, and 

Guarantees will be provided, in the 

order in which Guarantee Applications 

are approved or by such other criteria 

that the CDFI Fund may establish, in its 

sole discretion, and in any event by 

December 31, 2022. 

Executive Summary: This NOGA is 

published in connection with the CDFI 

Bond Guarantee Program, administered 

by the Community Development 

Financial Institutions Fund (CDFI 

Fund), the U.S. Department of the 

Treasury (Treasury). Through this 

NOGA, the CDFI Fund announces the 

availability of up to $500 million of 

Guarantee Authority in FY 2022. This 

NOGA explains application submission 

and evaluation requirements and 

processes, and provides agency contacts 

and information on CDFI Bond 

Guarantee Program outreach. Parties 

interested in being approved for a 

Guarantee under the CDFI Bond 

Guarantee Program must submit 

Qualified Issuer Applications and 

Guarantee Applications for 

consideration in accordance with this 

NOGA. Capitalized terms used in this 

NOGA and not defined elsewhere are 

defined in the CDFI Bond Guarantee 

Program regulations (12 CFR 1808.102) 

and the CDFI Program regulations (12 

CFR 1805.104). 

I. Guarantee Opportunity Description 

A. Authority. The CDFI Bond 

Guarantee Program was authorized by 

the Small Business Jobs Act of 2010 

(Pub. L. 111–240; 12 U.S.C. 4713a) (the 

Act). Section 1134 of the Act amended 

the Riegle Community Development and 

Regulatory Improvement Act of 1994 (12 

U.S.C. 4701, et seq.) to provide authority 

to the Secretary of the Treasury 

(Secretary) to establish and administer 

the CDFI Bond Guarantee Program. 

B. Bond Issue size; Amount of 

Guarantee authority. In FY 2022, the 

Secretary may guarantee Bond Issues 

having a minimum Guarantee of $100 

million each, and up to an aggregate 

total of $500 million, or other amounts 

authorized by FY 2022 Appropriations. 

C. Program summary. The purpose of 

the CDFI Bond Guarantee Program is to 

support CDFI lending by providing 

Guarantees for Bonds issued for Eligible 

Community or Economic Development 

Purposes, as authorized by section 1134 

and 1703 of the Act. The Secretary, as 

the Guarantor of the Bonds, will provide 

a 100% Guarantee for the repayment of 

the Verifiable Losses of Principal, 

Interest, and Call Premium of Bonds 

issued by Qualified Issuers. Qualified 

Issuers, approved by the CDFI Fund, 

will issue Bonds that will be purchased 

by the Federal Financing Bank. The 

Qualified Issuer will use 100% of Bond 

Proceeds to provide Bond Loans to 

Eligible CDFIs, which will use Bond 

Loan proceeds for Eligible Community 

and Economic Development Purposes, 

including providing Secondary Loans to 

Secondary Borrowers in accordance 

with the Secondary Loan Requirements. 

Secondary Loans may support lending 

in the following asset classes: CDFI-toCDFI, CDFI to Financing Entity, Charter 

Schools, Commercial Real Estate, 

Daycare Centers, Healthcare Facilities, 

Rental Housing, Rural Infrastructure, 

Owner-Occupied Home Mortgages, 

Licensed Senior Living and Long-Term 

Care Facilities, Small Business, and Notfor-Profit Organizations, as these terms 

are defined in the Secondary Loan 

Requirements (Underwriting Review 

Checklist), which can be found on the 

CDFI Fund’s website at 

www.cdfifund.gov/bond. 

D. Review Guarantee Applications, in 

general. 

1. Qualified Issuer Applications 

submitted with Guarantee Applications 

will have priority for review over 

Qualified Issuer Applications submitted 

without Guarantee Applications. With 

the exception of the aforementioned 

prioritized review, all Qualified Issuer 

Applications and Guarantee 

Applications will be reviewed by the 

CDFI Fund on an ongoing basis, in the 

order in which they are received, or by 

such other criteria that the CDFI Fund 

may establish in its sole discretion. 

2. Guarantee Applications that are 

incomplete or require the CDFI Fund to 

request additional or clarifying 

information may delay the ability of the 

CDFI Fund to move the Guarantee 

Application to the next phase of review. 

Submitting an incomplete Guarantee 

Application earlier than other 

applicants does not ensure first 

approval. 

3. Qualified Issuer Applications and 

Guarantee Applications that were 

received in FY 2021 and that were 

neither withdrawn nor declined in FY 

2021 will be considered under FY 2022 

authority. 

4. Pursuant to the Regulations at 12 

CFR 1808.504(c), the Guarantor may 

limit the number of Guarantees issued 

per year or the number of Guarantee 

Applications accepted to ensure that a 

sufficient examination of Guarantee 

Applications is conducted. 

E. Additional reference documents. In 

addition to this NOGA, the CDFI Fund 

encourages interested parties to review 

the following documents, which have 

been posted on the CDFI Bond 

Guarantee Program page of the CDFI 

Fund’s website at http://

www.cdfifund.gov/bond. 

1. Guarantee Program Regulations. 

The regulations that govern the CDFI 

Bond Guarantee Program were 

published on February 5, 2013 (78 FR 

8296; 12 CFR part 1808) (the 

Regulations), and provide the regulatory 

requirements and parameters for CDFI 

Bond Guarantee Program 

implementation and administration 

including general provisions, eligibility, 

eligible activities, applications for 

Guarantee and Qualified Issuer, 

evaluation and selection, terms and 

conditions of the Guarantee, Bonds, 

Bond Loans, and Secondary Loans. 

2. Application materials. Details 

regarding Qualified Issuer Application 

and Guarantee Application content 

requirements are found in this NOGA 

and the respective application materials. 


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