[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Notices]
[Page 37546]
[FR Doc No: 2013-14810]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0306]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Administrative Detention and Banned
Medical Devices

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
collection of information entitled ``Administrative Detention and
Banned Medical Devices'' has been approved by the Office of Management
and Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Daniel Gittleson, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On February 8, 2013, the Agency submitted a
proposed collection of information entitled ``Administrative Detention
and Banned Medical Devices'' to OMB for review and clearance under 44
U.S.C. 3507. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. OMB has now approved the
information collection and has assigned OMB control number 0910-0114.
The approval expires on April 30, 2016. A copy of the supporting
statement for this information collection is available on the Internet
at http://www.reginfo.gov/public/do/PRAMain.

    Dated: June 17, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-14810 Filed 6-20-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 87, Number 152 (Tuesday, August 9, 2022)]
[Notices]
[Pages 48521-48523]
[FR Doc No: 2022-17001]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34661; File No. 812-15377]

iShares MSCI Russia ETF, a Series of iShares Inc., and BlackRock
Fund Advisors; Notice of Application and Temporary Order

AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application and a temporary order under section
22(e)(3) of the Investment Company Act of 1940 (the ``Act'').

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

    Summary of Application: Applicants request a temporary order to
permit iShares MSCI Russia ETF (the ``Fund''), a series of iShares Inc.
(the ``Company''), to suspend the right of redemption of its
outstanding redeemable securities and postpone the date of payment of
redemption proceeds with respect to redemption orders received but not
yet paid.
    Applicants: The Company, on behalf of the Fund, and BlackRock Fund
Advisors, the Fund's investment adviser (``Adviser'' and together with
the Company, the ``Applicants'').
    Filing Date: The application was filed on August 3, 2022.
    Hearing or Notification of Hearing: Interested persons may request
a hearing by emailing to the Commission's Secretary at [email protected] and serving Applicants with a copy of the request by
email, if an email address is listed for the relevant Applicant below,
or personally or by mail, if a physical address is listed for the
relevant Applicant below. Hearing requests should be received by the
Commission by 5:30 p.m. on August 29, 2022, and should be accompanied
by proof of service on Applicants, in the form of an affidavit or, for
lawyers, a certificate of service. Pursuant to rule 0-5 under the Act,
hearing requests should state the nature of the writer's interest, any
facts bearing upon the desirability of a hearing on the matter, the
reason for the request, and the issues contested. Persons who wish to
be notified of a hearing may request notification by writing to the
Commission's Secretary at [email protected].

ADDRESSES: The Commission: [email protected]. Applicants:
Benjamin J. Haskin, Esq. and Anne C. Choe, Esq., Willkie Farr &
Gallagher LLP, 1875 K Street NW, Washington, DC 20006-1238, with copies
to Marisa Rolland, Esq., BlackRock Fund Advisors, 400 Howard Street,
San Francisco, CA 94105.

FOR FURTHER INFORMATION CONTACT: Christopher D. Carlson, Senior
Counsel, Trace W. Rakestraw, Branch Chief, or Daniele Marchesani,
Assistant Chief Counsel, at<PHONE_NUMBER> (Division of Investment
Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and conditions, please refer to Applicants' application,
dated August 3, 2022, which may be obtained via the

Commission's website by searching for the file number at the top of
this document, or for an Applicant using the Company name search field,
on the SEC's EDGAR system. The SEC's EDGAR system may be searched at
https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You
may also call the SEC's Public Reference Room at<PHONE_NUMBER>.

Background

    1. The Company is registered under the Act as an open-end series
management investment company. Adviser is the investment adviser to the
Fund, a series of the Company. Adviser is registered as an investment
adviser under the Investment Advisers Act of 1940.
    2. The Fund is a non-diversified exchange-traded fund (``ETF'')
that operates pursuant to Rule 6c-11 under the Act, which provides that
shares of an ETF can be purchased or redeemed directly from the ETF at
net asset value solely by authorized participants (``APs'') and only in
aggregations of a specified number of shares. Shares of the Fund are
listed on NYSE Arca, Inc. (``NYSE Arca'').
    3. Prior to the events described in the Application, the Fund was
managed by Adviser according to an investment objective of seeking to
track the investment results of an index composed of Russian equities.
MSCI, Inc. discontinued the Fund's underlying index (the ``Underlying
Index'') on June 1, 2022.
    4. Applicants state that the request for relief arises from the
effect of geopolitical affairs on transactions in the Russian equity
markets and on the relevant markets for Russian equity securities
generally, and on related clearance and payment systems. As a result of
these geopolitical affairs, virtually all of the Fund's direct and
indirect holdings of Russian equity securities have become illiquid and
are fair valued at or near zero.
    5. Effective March 1, 2022, the Fund temporarily suspended new
creations of its shares until further notice due to concerns about
newly imposed restrictions impacting the ability of U.S. investors to
transact in securities in the Underlying Index, among other reasons.\1\
Prior to market open on March 4, 2022, NYSE Arca halted trading of the
Fund's shares in light of ongoing issues related to Russia's invasion
of Ukraine.
---------------------------------------------------------------------------

    \1\ See Exchange-Traded Funds, Investment Company Act Release
Number 33646 (Sept. 25, 2019) (``[A]n ETF generally may suspend the
issuance of creation units only for a limited time and only due to
extraordinary circumstances, such as when the markets on which the
ETF's portfolio holdings are traded are closed for a limited period
of time.'').
---------------------------------------------------------------------------

    6. Applicants anticipate that the Fund's shares will be delisted by
NYSE Arca on a date 15 days after the requested relief is granted and
coinciding with the payment of the initial liquidating distribution by
the Fund (or an earlier date if NYSE Arca determines in its discretion
to delist shares of the Fund, which may occur even if the requested
relief is not granted). If shares of the Fund are delisted by NYSE
Arca, the Fund will not be able to continue to operate as an ETF,
pursuant to Rule 6c-11.
    7. If the order requested in the Application is granted, pursuant
to the Plan of Liquidation and Dissolution of Series (the ``Plan of
Liquidation'') approved by the Board of Directors of the Company (the
``Board''), the Fund will distribute in liquidation all of its liquid
assets to shareholders, less a reserve in an amount estimated to meet
the costs of the liquidation that would be borne by the Fund. Following
that distribution, the Fund will have no assets of realizable value
(other than the amount so held in reserve), and the Fund's positions in
Russian securities will not be transferable by the Fund. If some or all
of those Russian securities were at some point before the Fund's final
termination determined to have a greater value, it is possible that
they would continue not to be transferable at that time. In addition,
it is possible that even if Russian securities were able to be sold,
local regulations may not permit the proceeds of any such sale(s) to be
converted to U.S. dollars which are freely available to the Fund. The
Fund's remaining portfolio assets--the Russian equity securities--will
therefore remain in the Fund until they can be sold and converted into
U.S. dollars (with the proceeds distributed to the Fund's shareholders)
or are permanently written off, in each case as determined by the
Adviser and approved by the Board of Directors of the Company (the
``Board'').
    8. Applicants believe the requested relief will permit the Fund to
liquidate its holdings in the manner described above without the risk
that it might be required to meet redemption requests submitted
potentially out of the reserve or otherwise when the Fund would have no
or few assets to meet the redemption requests. In addition, applicants
state that suspension of redemptions prior to the initial distribution
in liquidation will ensure that shareholders submitting such redemption
requests will participate in the liquidation and also will be entitled
to share both in the August 2022 liquidating distribution and any
subsequent liquidating distribution. Notwithstanding the present
inability to dispose of Russian securities held by the Fund, Applicants
have determined to seek the requested order at this time because
Applicants believe that liquidation of the Fund is in the best
interests of the Fund's shareholders. Without the requested relief, the
Fund will be required to satisfy redemption requests from APs, while
other investors would be unable to trade the Fund's shares. Although
the Fund has received no redemption orders since the invasion began, it
is possible that redemption orders could be received at any time.
    9. In addition, as noted above, the NYSE Arca may determine in its
discretion to delist shares of the Fund if the requested relief is not
granted. The Fund will not be eligible to rely on Rule 6c-11 once the
Fund's shares are delisted by NYSE Arca. As a consequence, to the
extent that the Fund is obligated to satisfy any individual redemption
requests received from non-AP shareholders of the Fund, the Fund would
be unable to accept or process such redemption requests from an
operational perspective because the Fund and its service providers do
not have the operational infrastructure to enable the Fund to engage in
non-AP primary market transactions. The Fund therefore would not, for
its part, initiate delisting of the Fund's shares with NYSE Arca until
after the requested relief is granted.\2\
---------------------------------------------------------------------------

    \2\ It is not anticipated that NYSE Arca will delist the Fund's
shares before the Fund's requested relief is granted by the SEC.
---------------------------------------------------------------------------

Relief Requested

    1. Applicants request an order pursuant to Section 22(e) of the Act
to suspend the right of redemption with respect to shares of the Fund
effective August 3, 2022, and postpone the date of payment of
redemption proceeds with respect to redemption orders received on or
after August 1, 2022 but not yet paid as of August 3, 2022, for more
than seven days after the tender of securities to the Fund, until the
Fund completes the liquidation of its portfolio and distributes all its
assets to the shareholders, or until the Commission rescinds the order
granted herein. Applicants believe that the relief requested is
appropriate for the protection of shareholders of the Fund.

Applicants' Legal Analysis

    1. Section 22(e)(1) of the Act provides that a registered
investment company may not suspend the right of redemption or postpone
the date of

payment or satisfaction upon redemption of any redeemable security in
accordance with its terms for more than seven days after the tender of
such security to the company or its designated agent except for any
period during which the New York Stock Exchange (``NYSE'') is closed
other than customary week-end and holiday closings, or during which
trading on the NYSE is restricted.
    2. Section 22(e)(3) of the Act provides that redemptions may be
suspended by a registered investment company for such other periods as
the Commission may by order permit for the protection of security
holders of the registered investment company.
    3. Applicants submit that granting the requested relief would be
for the protection of the shareholders of the Fund, as provided in
Section 22(e)(3) of the Act. Applicants assert that, in requesting an
order by the Commission, the Applicants' goal is to ensure that all of
the Fund's shareholders will be treated appropriately and fairly in
view of the otherwise detrimental effect on the Fund of the illiquidity
of the Fund's investments and the ongoing uncertainty surrounding the
Russian equity markets. The requested relief is intended to permit an
orderly liquidation of the Fund's portfolio and ensure that all of the
Fund's shareholders are protected in the process.

Applicants' Conditions

    Applicants agree that any order of the Commission granting the
requested relief will be subject to the following conditions:
    1. The Board, including a majority of the Independent Directors,\3\
will adopt or has adopted the Plan of Liquidation for the orderly
liquidation of Fund assets and distribution of appropriate payments to
Fund shareholders.
---------------------------------------------------------------------------

    \3\ ``Independent Directors'' means directors who are not
``interested persons'' of the Company, as such term is defined in
Section 2(a)(19) of the Act.
---------------------------------------------------------------------------

    2. Pending liquidating distributions, the Fund will invest proceeds
of cash dispositions of portfolio securities solely in U.S. government
securities, money market funds that are registered under the Act and
comply with the requirements of Rule 2a-7 under that Act, cash
equivalents, securities eligible for purchase by a registered money
market fund meeting the requirements of Rule 2a-7 under the Act with
legal maturities not in excess of 90 days and, if determined to be
necessary to protect the value of a portfolio position in a rights
offering or other dilutive transaction, additional securities of the
affected issuer.
    3. The Fund's assets will be distributed to the Fund's shareholders
solely in accordance with the Plan of Liquidation.
    4. The Fund and the Adviser will make and keep true, accurate and
current all appropriate records, including but not limited to those
surrounding the events leading to the requested relief, the Plan of
Liquidation, the sale of Fund portfolio securities, the distribution of
Fund assets, and communications with shareholders (including any
complaints from shareholders and responses thereto).
    5. The Fund and the Adviser will promptly make available to
Commission staff all files, books, records and personnel, as requested,
relating to the Fund.
    6. The Fund and the Adviser will provide periodic reporting to
Commission staff regarding their activities carried out pursuant to the
Plan of Liquidation.
    7. The Adviser, its affiliates, and its and their associated
persons will not receive any fee for managing the Fund.
    8. The Fund will be in liquidation and will not be engaged and does
not propose to engage in any business activities other than those
necessary for the protection of its assets, the protection of
shareholders and the winding-up of its affairs, as contemplated by the
Plan of Liquidation.
    9. The Fund and the Adviser will appropriately convey accurate and
timely information to shareholders of the Fund, before or promptly
following the effective date of the liquidation, with regard to the
status of the Fund and its liquidation (including posting such
information on the Fund's website), and will thereafter from time to
time do so to reflect material developments relating to the Fund or its
status, including, without limitation, information concerning the dates
and amounts of distributions, and press releases and periodic reports,
and will maintain a toll-free number to respond to shareholder
inquiries.
    10. The Fund and the Adviser shall consult with Commission staff
prior to making any material amendments to the Plan of Liquidation.

Commission Finding

    Based on the representations and conditions in the application, the
Commission permits the temporary suspension of the right of redemption
for the protection of the Fund's shareholders. Under the circumstances
described in the application, which require immediate action to protect
the Fund's shareholders, the Commission concludes that it is not
practicable to give notice or an opportunity to request a hearing
before issuing the order.
    Accordingly, in the matter of iShares MSCI Russia ETF, a series of
iShares Inc., and BlackRock Fund Advisors (File No. 812-15377),
    It is ordered, pursuant to Section 22(e)(3) of the Act, that the
requested relief from Section 22(e) of the Act is granted with respect
to the Fund until it has liquidated, or until the Commission rescinds
the order granted herein. This order shall be in effect as of August 3,
2022, with suspension of redemption rights as requested by the
Applicants to be effective as of August 3, 2022 and the postponement of
payment of redemption proceeds to apply to redemption orders received
on or after August 1, 2022 but not yet paid as of August 3, 2022.

    By the Commission.

    Dated: August 3, 2022.
J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-17001 Filed 8-8-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 9, 2010 (Volume 75, Number 68)]
[Notices]
[Page 18256-18259]
[DOCID:fr09ap10-149]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2004-18898]

Withdrawal of Proposed Improvements to the Motor Carrier Safety
Status Measurement System (SafeStat) and Implementation of a New
Carrier Safety Measurement System (CSMS)

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

ACTION: Notice; request for comments.

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

SUMMARY: The FMCSA announces that it will replace its Motor Carrier
Safety Status Measurement System (SafeStat) with an improved Carrier
Safety Measurement System (CSMS) on November 30, 2010. The CSMS has
been developed and tested as part of the Agency's Comprehensive Safety
Analysis 2010 (CSA 2010) initiative. Therefore, FMCSA is withdrawing
the notice of proposed improvements to SafeStat that was published for
public comment on May 3, 2006. SafeStat is an automated algorithm
currently used by FMCSA to identify high-risk and other motor carriers
for on-site compliance reviews. By implementing the new CSMS algorithm,
FMCSA will be able to better identify high-risk motor carriers, make
more efficient and effective the Agency's and its State partners'
allocation of compliance and enforcement resources and provide the
motor carrier industry and other safety stakeholders with more
comprehensive, informative, and regularly updated safety performance
data.
    From April 12, 2010 to November 30, 2010, FMCSA will provide
individual motor carriers with a preview of their performance data at
http://csa2010.fmcsa.dot.gov. This preview in advance of full
implementation on November 30, 2010, will improve safety by effecting
early compliance and providing opportunities for motor carriers to
become better educated on the new CSMS.

DATES: Submit comments before September 30, 2010.

ADDRESSES: You may submit comments identified by the Docket Number in
the heading of this notice by any of the following methods:
     Web site: http://www.regulations.gov. Follow the

instructions for submitting comments on the Federal electronic docket
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.
E.S.T., Monday through Friday, except Federal holidays.
    Instructions: For detailed instructions on submitting comments and
for additional information, see the Public Participation heading below.
Note that all comments received, including any personal information,
will be posted without change to http://www.regulations.gov. Please see
the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
the ground floor, room W12-140, DOT Building, New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., E.S.T., Monday through
Friday, except Federal holidays.
    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 19476) or you may visit http://
docketsinfo.dot.gov.
    Public participation: The www.regulations.gov Web site is generally
available 24 hours each day, 365 days each year. You can get electronic
submission and retrieval help and guidelines under the ``help'' section
of the http://www.regulations.gov Web site and also at the DOT's http:/
/docketsinfo.dot.gov Web site. If you want FMSCA to notify you that we
received your comments, please include a self-addressed, stamped
envelope or postcard or print the acknowledgement page that appears
after submitting comments online.
    Comments received after the comment closing date will be included
in the docket, and we will consider late comments to the extent
practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Price, Federal Motor Carrier
Safety Administration, 1000 Liberty Avenue, Suite 1300, Pittsburgh, PA
15222, Telephone<PHONE_NUMBER> E-Mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comprehensive Safety Analysis 2010 (CSA 2010)

    CSA 2010 is a major FMCSA safety initiative that will improve the
effectiveness of the Agency's compliance and enforcement programs. CSA
2010 will help the Agency assess the safety performance of a greater
segment of the motor carrier industry and allow it to intervene earlier
with more carriers to change unsafe behavior and practices. The
ultimate goal is to achieve a greater reduction in large truck and bus
crashes, injuries, and fatalities, while making efficient use of the
resources of FMCSA and its State partners.
    In contrast to the Agency's current operational model, CSA 2010 is
characterized by three principal components:
    (1) A more comprehensive carrier safety measurement system;
    (2) A broader array of progressive interventions to augment
comprehensive on-site investigations (compliance reviews), including
warning letters, off-site investigations, and on-site focused
investigations; and
    (3) A new safety fitness determination (SFD) methodology based more
on performance data and not necessarily tied to an on-site
investigation. The third component, a new process pursuant to which
FMCSA will formally propose and assign adverse SFDs--for example, unfit
determinations and resulting prohibitions on operations--is the subject
of a Notice of Proposed Rulemaking (NPRM) that will be published for
comment at a later date during 2010.
    This Federal Register notice addresses implementation of only the
first component, a more comprehensive safety measurement system to
identify and prioritize motor carriers for investigation. The new
measurement system would be used to identify high-risk motor carriers
for on-site investigations consistent with section 4138 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU), [Sec. 4138, Pub. L. 109-59, 119 Stat. 1745 (49
U.S.C. 31144 note), August 10, 2005]. Furthermore, the new CSMS also
would provide motor carriers and other safety stakeholders such as
shippers with regularly updated safety performance assessments through
a public Web site (http://ai.fmcsa.dot.gov).
    FMCSA had originally planned to roll out CSA 2010 beginning in the
summer of 2010. However, the Agency has received valuable feedback from
its partners and stakeholders through CSA 2010 listening sessions and
written comments to the CSA 2010 public docket referenced above. FMCSA
has also gained valuable knowledge from its operational model test,
involving nine States, which began in early 2008 and concludes in June
2010. Therefore, FMCSA has decided to move the beginning of CSA 2010
rollout from the summer to the fall of 2010. This will enable the
Agency to incorporate comments and lessons learned into the CSA 2010
model prior to national rollout. Therefore, on November 30, 2010, FMCSA
is planning on: (1) Replacing its current measurement system, SafeStat,
with CSMS, (2) sending warning letters nationwide, and (3) implementing
a revised nationwide Inspection Selection System for roadside
inspectors that will be based on CSMS rather than SafeStat. The nine
states currently operating in the operational model test will carry out
the full array of CSA 2010 interventions after the test concludes in
June 2010. These States are Colorado, Delaware, Georgia, Kansas,
Maryland, Minnesota, Missouri, Montana, and New Jersey. For the
remaining 41 States the new CSA 2010 interventions will be phased in
during 2011. While the SFD rulemaking is in process, the Agency will
continue to issue safety ratings in accordance with 49 CFR part 385--
Safety Fitness Procedures.

Implementation of New Carrier Safety Measurement System (CSMS) To
Replace SAFESTAT

SafeStat

    The FMCSA's current operational model employs SafeStat to analyze
the safety status of individual motor carriers in four analytic Safety
Evaluation Areas (SEAs): (1) Accident, (2) Driver, (3) Vehicle and (4)
Safety Management. The four SEA values are then combined into an
overall safety status assessment, known as a SafeStat score. For a full
description of the SafeStat methodology, visit the FMCSA Web site at:
http://ai.fmcsa.dot.gov.
    In 1997, FMSCA's predecessor Agency implemented SafeStat nationally
as its primary tool for identifying high-risk and other motor carriers
for compliance reviews. SafeStat results have also served as a
prominent factor in roadside screening systems used by FMCSA and its
State partners to identify motor carriers for increased inspection
activity at the roadside.
    In 1999, SafeStat data became available to the public on the
FMCSA's Analysis and Information (A & I) online Web site http://
ai.fmcsa.dot.gov. Motor

carriers, the insurance industry, shippers, safety advocates, and other
interested parties began routinely accessing SafeStat data online for
use in their own safety analysis and business decisions. In 2004, FMCSA
removed public access to the Accident SEA due to problems with the
completeness of crash data reported by the States at that time and
because the raw crash data reported by the States generally do not
include an indication of preventability or accountability. The
remaining SafeStat data displayed at http://ai.fmcsa.dot.gov (Driver,
Vehicle and Safety Management SEAs) continued to serve as a valuable
source of information to motor carriers and other stakeholders. In
fact, during calendar year 2009, the SafeStat online web site recorded
nearly 4 million user sessions.

New CSMS

    On November 30, 2010, FMCSA plans to replace SafeStat with the new
CSMS. The new CSMS will work within the CSA 2010 operational model to
monitor and quantify the safety performance of commercial motor
carriers using data available in FMCSA's motor carrier database, the
Motor Carrier Management Information System (MCMIS). Under CSA 2010,
these data would include violations found during roadside inspections,
traffic enforcement, and other types of interventions. The new CSMS
groups these data into seven Behavioral Analysis Safety Improvement
Categories (BASICs): Unsafe Driving, Fatigued Driving (Hours-of-
Service), Driver Fitness, Controlled Substances and Alcohol, Vehicle
Maintenance, Cargo Related, and Crash History. FMCSA developed the
BASICs under the premise that commercial motor vehicle (CMV) crashes
can ultimately be traced to the behavior of motor carriers and drivers.
    There are three important ways that the new CSMS is different from
the Agency's current measurement system, SafeStat. The new CSMS:
    1. Is organized by seven specific behavioral areas (BASICs), while
SafeStat is organized into four broad SEAs;
    2. Uses all safety-based inspection violations, while SafeStat uses
only out-of-service violations and selected moving violations;
    3. Uses risk-based violation weightings while SafeStat does not.
    For further information on the new CSMS see the Safety Measurement
System Methodology at http://csa2010.fmcsa.dot.gov.
    When the new CSMS is implemented on November 30, 2010, motor
carrier BASICs will be publicly displayed at http://ai.fmcsa.dot.gov in
the same manner that the SEAs are displayed today under SafeStat. As
discussed above, FMCSA removed public access to the Accident SEA on
SafeStat because of problems with the completeness of State crash data
at that time and because the data do not include information on
preventability or accountability. FMCSA is currently conducting a
feasibility study on using police accident reports to determine motor
carrier crash accountability before the crash data are entered into
CSMS. Until this analysis is completed, the Agency will continue to
follow its current policy under SafeStat: the crash data will be
displayed publicly, but the CSMS assessment of a motor carrier's crash
history will not be publicly displayed.

Industry Preview

    Since 2004, FMSCA has been actively consulting with, and preparing,
the motor carrier industry and other safety stakeholders for
implementation of CSA 2010 and the new CSMS to replace SafeStat. The
Agency first held a series of public listening sessions on the broader
overall CSA 2010 initiative and the new CSMS in September and October
of 2004. These six sessions were designed to collect public input on
ways that FMCSA could improve its process of monitoring and assessing
the safety performance of the commercial motor carrier industry. A
broad cross section of stakeholders, including industry executives,
truck and bus drivers, insurance and safety advocacy groups, State and
local government officials, and enforcement professionals participated
in the sessions (Docket Number FMCSA-2004-18898). Following these
initial public listening sessions, FMCSA held annual formal public
listening sessions across the country between 2006 and 2008 to prepare
the motor carrier industry and other stakeholders for CSA 2010
deployment and the new CSMS. Most recently, in December 2009, FMCSA
held two webcasts that included over 3,000 participants. These can be
viewed on the CSA 2010 Web site at http://csa2010.fmcsa.dot.gov. In all
of these formal sessions, in addition to FMCSA's other proactive
outreach activities, differences between SafeStat and the new CSMS were
emphasized to prepare the motor carrier industry and other stakeholders
for implementation of CSA 2010 and the new CSMS.
    On April 12, 2010, FMCSA will undertake an additional step to
prepare the motor carrier industry and other stakeholders for
replacement of SafeStat with the new CSMS. FMCSA will provide
individual motor carriers with a preview of their performance data at
http://csa2010.fmcsa.dot.gov, sorted into the BASICs as it will be in
the new CSMS. To view their data, motor carriers will have to enter
their Personal Identification Number (PIN). Motor carriers that do not
have a PIN, or those that have forgotten their PIN, can go to the
following Web address for assistance: https://li-public.fmcsa.dot.gov/
LIVIEW/PKG_PIN_START.PRC_INTRO. This preview in advance of CSMS
implementation on November 30, 2010 will improve motor carrier safety
by encouraging early action by carriers to correct and prevent
violations, especially in areas that are not currently measured by
SafeStat.
    The FMCSA is currently considering refinements to the CSMS with
regard to issues such as methods of measuring exposure, peer grouping,
and violation severity weighting, based upon public comments received
thus far and observations resulting from the CSA 2010 Operational Model
Test. As a result, initially this preview will not provide motor
carriers with an assessment of whether their performance in the BASICs
is above FMCSA thresholds that warrant an intervention in the broader
CSA 2010 Operational Model Test. Assessments will be added to the
preview Web site after completion of the CSA 2010 Operational Model
Test, and after any refinements are made to the CSMS during the summer
of 2010 but before implementation on November 30, 2010. Thus, motor
carriers will have approximately 7\1/2\ months to view their roadside
violations data from the CSA 2010 perspective--mid-April through
November 2010. For the first 3\1/2\ months--mid-April through July
2010--carriers will see their violations categorized by BASIC.
Beginning in August, after the refinements to CSMS are complete, motor
carriers will be able to see an assessment of their violations through
CSA 2010. The purpose of this data preview period is to provide
individual motor carriers with the opportunity to view their data from
the CSA 2010 perspective, and to use the time to identify and take
actions to correct deficiencies in their operations which are leading
to unsafe behavior.

New CSMS for Identification of High-Risk Motor Carriers

    In section 4138 of SAFETEA-LU Congress emphasized the importance of
directing compliance review resources toward high-risk motor carriers
as follows:

    The [FMCSA] shall ensure that compliance reviews are completed
on motor carriers that have demonstrated through performance data
that they pose the highest safety risk. At a minimum, a compliance
review shall be conducted whenever a motor carrier is rated as
category A or B for 2 consecutive months.

    The Conference Report for SAFETEA-LU further clarified Section 4138
as follows:

    Senate Bill:
    The Senate bill requires the Secretary to ensure that safety
compliance reviews of motor carriers are completed for carriers that
have demonstrated that they pose the highest safety risk. A single
compliance review is required for any motor carrier that is rated as
category A or B for two consecutive months.
    Conference Substitute: The Conference adopts the Senate
provision with a modification to clarify that multiple compliance
reviews are not required for carriers that are rated as category A
or B for more than two consecutive months.

H. Conf. Rpt. No. 109-203, at p. 1003 (2005).

    The term ``SafeStat'' is not specifically mentioned in the statute
or conference report. However, the SafeStat-related terminology,
``rated Category A or B'' is used. Although it does identify those
motor carriers that ``pose the highest safety risk'' consistent with
section 4138, the new CSMS is not designed to generate alphabetized
lists of motor carrier safety performance categories. In FY 2009, the
Committee on Appropriations, U.S. Senate, recognized in its report
accompanying the Transportation, Housing and Urban Development, and
Related Agencies Appropriations bill, 2009, that FMCSA is developing a
new means to identify high-risk motor carriers and expressed support
that the initiative will improve the Agency's performance:

    As the Committee noted last year, the agency is undertaking a
comprehensive overhaul of all of its systems in order to better
target its resources on the riskiest carriers. The agency is also
seeking ways to reach more carriers through its inspection efforts
by employing interventions that are less resource intensive than a
full-scale compliance review. The Committee agrees that the agency's
systems and procedures for conducting oversight need to be
dramatically improved, and hopes that this initiative will improve
the agency's performance.
    The Committee notes that the agency has already completed
several tasks including the development of the Behavioral Analysis
and Safety Improvement Categories [BASICs] for carriers and drivers.
These will be important in identifying and targeting risky carriers
for intervention.

S. Rep. No. 110-418, at p.88 (2008).

    Beginning on November 30, 2010, FMCSA plans to implement the new
CSMS to identify high-risk motor carriers and to meet the intent of
SAFETEA-LU section 4138. The new CSMS effectively identifies as many
high-risk motor carriers and more precisely identifies their specific
performance problems than the current method. Furthermore, FMCSA
operational policies will continue to require onsite investigations
(i.e., compliance reviews) of these high-risk motor carriers. The FMCSA
therefore believes that its planned action of implementing a more
effective method of identifying high-risk motor carriers, and
continuing to require on-site investigations of these motor carriers is
fully consistent with section 4138 of SAFTEA-LU.

Comments

    FMCSA requests comments on the above initiatives and the CSMS
methodology, http://csa2010.fmcsa.dot.gov. Commenters are requested to
provide supporting data wherever appropriate.

    Issued on: April 6, 2010.
Anne S. Ferro,
Administrator.
[FR Doc. 2010-8183 Filed 4-8-10; 8:45 am]
BILLING CODE P


[Federal Register Volume 82, Number 216 (Thursday, November 9, 2017)]
[Rules and Regulations]
[Pages 51981-51983]
[FR Doc No: 2017-24414]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 95

[Docket No. 31165; Amdt. No. 536]

IFR Altitudes; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This document adopts miscellaneous amendments to the required
IFR (instrument flight rules) altitudes and changeover points for
certain Federal airways, jet routes, or direct routes for which a
minimum or maximum en route authorized IFR altitude is prescribed. This
regulatory action is needed because of changes occurring in the
National Airspace System. These changes are designed to provide for the
safe and efficient use of the navigable airspace under instrument
conditions in the affected areas.

DATES: Effective 0901 UTC, December 7, 2017.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedure
Standards Branch (AMCAFS-420), Flight Technologies and Programs
Division, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This amendment to part 95 of the Federal
Aviation Regulations (14 CFR part 95) amends, suspends, or revokes IFR

altitudes governing the operation of all aircraft in flight over a
specified route or any portion of that route, as well as the changeover
points (COPs) for Federal airways, jet routes, or direct routes as
prescribed in part 95.

The Rule

    The specified IFR altitudes, when used in conjunction with the
prescribed changeover points for those routes, ensure navigation aid
coverage that is adequate for safe flight operations and free of
frequency interference. The reasons and circumstances that create the
need for this amendment involve matters of flight safety and
operational efficiency in the National Airspace System, are related to
published aeronautical charts that are essential to the user, and
provide for the safe and efficient use of the navigable airspace. In
addition, those various reasons or circumstances require making this
amendment effective before the next scheduled charting and publication
date of the flight information to assure its timely availability to the
user. The effective date of this amendment reflects those
considerations. In view of the close and immediate relationship between
these regulatory changes and safety in air commerce, I find that notice
and public procedure before adopting this amendment are impracticable
and contrary to the public interest and that good cause exists for
making the amendment effective in less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 95

    Airspace, Navigation (air).

     Issued in Washington, DC, on November 2, 2017.
John Duncan,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the
Administrator, part 95 of the Federal Aviation Regulations (14 CFR part
95) is amended as follows effective at 0901 UTC, December 7, 2017.

0
1. The authority citation for part 95 continues to read as follows:

     Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44719, 44721.

0
2. Part 95 is amended to read as follows:

              Revisions to IFR Altitudes & Changeover Point
             [Amendment 536 effective date December 7, 2017]
------------------------------------------------------------------------
              From                          To                  MEA
------------------------------------------------------------------------
                    Sec.   95.6001 Victor Routes-U.S.
     Sec.   95.6004 VOR Federal Airway V4 Is Amended To Read in Part
------------------------------------------------------------------------
HILL CITY, KS VORTAC...........  * WESAL, KS FIX........         ** 5500
    * 4500--MRA
    ** 4100--MOCA
* WESAL, KS FIX................  SALINA, KS VORTAC
                                 E BND..................         ** 4000
                                 W BND..................         ** 4500
    * 4500--MRA
    ** 2900--MOCA
------------------------------------------------------------------------
    Sec.   95.6016 VOR Federal Airway V16 Is Amended To Read in Part
------------------------------------------------------------------------
CEDAR LAKE, NJ VOR/DME.........  COYLE, NJ VORTAC.......            1900
------------------------------------------------------------------------
    Sec.   95.6074 VOR Federal Airway V74 Is Amended To Read in Part
------------------------------------------------------------------------
DODGE CITY, KS VORTAC..........  * SAFER, KS FIX........            4300
    * 4500--MRA
* SAFER, KS FIX................  ANTHONY, KS VORTAC
                                 NW BND.................            4300
                                 SE BND.................            3600
    * 4500--MRA
------------------------------------------------------------------------
    Sec.   95.6107 VOR Federal Airway V107 Is Amended To Read in Part
------------------------------------------------------------------------
MISON, CA FIX..................  OAKLAND, CA VOR/DME
                                 SE BND.................            7000
                                 NW BND.................            4500
------------------------------------------------------------------------
    Sec.   95.6230 VOR Federal Airway V230 Is Amended To Read in Part
------------------------------------------------------------------------
CLOVIS, CA VORTAC..............  * FRIANT, CA VORTAC....            5000
    * 10400--MCA FRIANT, CA
     VORTAC, NE BND
* FRIANT, CA VORTAC............  CAINS, CA FIX
                                 NE BND.................           14300
                                 SW BND.................           11000
NIKOL, CA FIX..................  MINA, NV VORTAC

                                 NE BND.................           11000
                                 SW BND.................           13000
------------------------------------------------------------------------
    Sec.   95.6234 VOR Federal Airway V234 Is Amended To Read in Part
------------------------------------------------------------------------
BYWAY, KS FIX..................  GABIE, KS FIX..........          * 4500
    * 3800--MOCA
------------------------------------------------------------------------
    Sec.   95.6244 VOR Federal Airway V244 Is Amended To Read in Part
------------------------------------------------------------------------
HAYS, KS VORTAC................  * GLIDE, KS FIX........            3900
    * 4500--MRA
* GLIDE, KS FIX................  SALINA, KS VORTAC......         ** 3900
    * 4500--MRA
    ** 3200--MOCA
------------------------------------------------------------------------
    Sec.   95.6280 VOR Federal Airway V280 Is Amended To Read in Part
------------------------------------------------------------------------
MITBEE, OK VORTAC..............  * CARKO, KS FIX........            4000
    * 5000--MCA CARKO, KS FIX,
     NE BND
------------------------------------------------------------------------
    Sec.   95.6502 VOR Federal Airway V502 Is Amended To Read in Part
------------------------------------------------------------------------
DODGE CITY, KS VORTAC..........  * DISKS, KS FIX........         ** 4500
    * 5000--MCA DISKS, KS FIX,
     E BND
    ** 4000--MOCA
------------------------------------------------------------------------
    Sec.   95.6508 VOR Federal Airway V508 Is Amended To Read in Part
------------------------------------------------------------------------
HAYS, KS VORTAC................  * GLIDE, KS FIX........            3900
    * 4500--MRA
*GLIDE, KS FIX.................  SALINA, KS VORTAC......         ** 3900
    * 4500--MRA
    ** 3200--MOCA
------------------------------------------------------------------------
    Sec.   95.6577 VOR Federal Airway V577 Is Amended To Read in Part
------------------------------------------------------------------------
CEDAR LAKE, NJ VOR/DME.........  BRIGS, NJ FIX
                                 E BND..................            6000
                                 W BND..................            1700
------------------------------------------------------------------------

[FR Doc. 2017-24414 Filed 11-8-17; 8:45 am]
BILLING CODE 4910-13-P