[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4342-4343]
[FR Doc No: 2011-1470]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9256-8]

Adequacy Status of the Houston-Galveston-Brazoria, Texas
Reasonable Further Progress and Attainment Demonstration 8-Hour Ozone
Motor Vehicle Emission Budgets for Transportation Conformity Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy determination.

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SUMMARY: EPA is notifying the public that it has found that the motor
vehicle emissions budgets (MVEBs) in the Houston-Galveston-Brazoria,
Texas (HGB) Reasonable Further Progress (RFP) and Attainment
Demonstration State Implementation Plan (SIP) revisions, submitted on
April 1st and April 6th, 2010 respectively, by the Texas Commission on
Environmental Quality (TCEQ) are adequate for transportation conformity
purposes. As a result of EPA's finding, the HGB area must use these
budgets for future conformity determinations for the 1997 8-hour ozone
standard.

DATES: These budgets are effective February 9, 2011.

FOR FURTHER INFORMATION CONTACT:  The essential information in this
notice will be available at EPA's conformity Web site: http://
www.epa.gov/otaq/

stateresources/transconf/adequacy.htm. You may also contact Mr. Jeffrey
Riley, Air Planning Section (6PD-L), U.S. Environmental Protection
Agency, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone
(214) 665-8542, E-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' refers to EPA. The word ``budget(s)'' refers to the mobile
source emissions budget for volatile organic compounds (VOCs) and the
mobile source emissions budget for nitrogen oxides (NOX).
    On April 1st and April 6th, 2010, we received State Implementation
Plan (SIP) revisions from the Texas Commission on Environmental Quality
(TCEQ). These revisions consisted of a Reasonable Further Progress
(RFP) SIP and an Attainment Demonstration SIP for the Houston-
Galveston-Brazoria (HGB) ozone nonattainment area. These submissions
established motor vehicle emissions budgets (MVEB) for the HGB area for
the years 2008, 2011, 2014, 2017 and 2018. The MVEB is the amount of
emissions allowed in the state implementation plan for on-road motor
vehicles; it establishes an emissions ceiling for the regional
transportation network. The MVEBs are provided in Tables 1 and 2:

             Table 1--Houston-Galveston-Brazoria Reasonable Further Progress (RFP) NOX and VOC MVEBS
                                          [Summer season tons per day]
----------------------------------------------------------------------------------------------------------------
                                       2008            2011            2014            2017            2018
----------------------------------------------------------------------------------------------------------------
NOX.............................          193.39          135.74           95.26           67.95           60.92
VOC.............................           94.75           75.17           61.84           53.23           51.35
----------------------------------------------------------------------------------------------------------------

Table 2--Houston-Galveston-Brazoria Attainment Demonstration NOX and VOC
                                  MVEB
                      [Summer season tons per day]
------------------------------------------------------------------------
                                                               2018
------------------------------------------------------------------------
NOX.....................................................           49.22
VOC.....................................................           45.97
------------------------------------------------------------------------

    On June 24, 2010, EPA posted the availability of the HGB area
budgets on EPA's Web site, as part of the adequacy process, for the
purpose of soliciting public comments. The comment period closed on
July 26, 2010, and we received no comments.
    Today's notice is simply an announcement of a finding that EPA has
already made. EPA Region 6 sent a letter to TCEQ on October 8, 2010,
finding that the MVEBs in the HGB RFP and Attainment Demonstration
SIPs, submitted on April 1st and April 6th, 2010 respectively, are
adequate and must be used for transportation conformity determinations
in the HGB area. This finding has also been announced on EPA's
conformity Web site: http://www.epa.gov/otaq/stateresources/transconf/adequacy.htm.
    Transportation conformity is required by section 176(c) of the
Clean Air Act. EPA's conformity rule, 40 Code of Federal Regulations
(CFR) part 93, requires that transportation plans, programs and
projects conform to state air quality implementation plans and
establishes the criteria and procedures for determining whether or not
they do so. Conformity to a SIP means that transportation activities
will not produce new air quality violations, worsen existing
violations, or delay timely attainment of the national ambient air
quality standards.
    The criteria by which EPA determines whether a SIP's MVEB is
adequate for transportation conformity purposes are outlined in 40 CFR
93.118(e)(4). We have also described the process for determining the
adequacy of submitted SIP budgets in our July 1, 2004, final rulemaking
entitled, ``Transportation Conformity Rule Amendments for the New 8-
hour Ozone and PM2.5 National Ambient Air Quality Standards and
Miscellaneous Revisions for Existing Areas; Transportation Conformity
Rule Amendments: Response to Court Decision and Additional Rule
Changes'' (69 FR 40004). Please note that an adequacy review is
separate from EPA's completeness review, and it should not be used to
prejudge EPA's ultimate approval of the HGB RFP SIP and Attainment
Demonstration SIP revision submittals. Even if EPA finds the budgets
adequate, these submittals could later be disapproved.
    Within 24 months from the effective date of this notice, the
transportation partners will need to demonstrate conformity to the new
MVEBs if the demonstration has not already been made, pursuant to 40
CFR 93.104(e). See, 73 FR 4419 (January 24, 2008).

    Authority:  42 U.S.C. 7401 et seq.

    Dated: January 13, 2011.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2011-1470 Filed 1-24-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 15 (Tuesday, January 24, 2023)]
[Notices]
[Pages 4281-4282]
[FR Doc No: 2023-01255]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0039]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from 10 individuals
for an exemption from the hearing requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions would
enable these hard of hearing and deaf individuals to operate CMVs in
interstate commerce.

DATES: Comments must be received on or before February 23, 2023.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2022-0039 using any of the following
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number (FMCSA-2022-0039) in the keyword box and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, and click on the ``Comment'' button. Follow
the online instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m. ET Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room
W64-224, Washington, DC 20590-0001,<PHONE_NUMBER>,
[email protected]. Office hours are 8:30 a.m. to 5 p.m. ET Monday
through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket,

contact Dockets Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2022-0039), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov/docket?D=FMCSA-2022-0039. Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, click the ``Comment'' button,
and type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number (FMCSA-2022-0039) in the keyword box and click ``Search.'' Next,
sort the results by ``Posted (Newer-Older),'' choose the first notice
listed, and click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
in Room W12-140 on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.
ET Monday through Friday, except Federal holidays. To be sure someone
is there to help you, please call<PHONE_NUMBER> or<PHONE_NUMBER>
before visiting Dockets Operations.

C. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption requests. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of
the submitter.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statutes also allow the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The 10 individuals listed in this notice have requested an
exemption from the hearing requirement in 49 CFR 391.41(b)(11).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting the exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding hearing
found in Sec.  391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, (35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971),
respectively).
    On February 1, 2013, FMCSA announced in a Notice of Final
Disposition titled, ``Qualification of Drivers; Application for
Exemptions; National Association of the Deaf,'' (78 FR 7479), its
decision to grant requests from 40 individuals for exemptions from the
Agency's physical qualification standard concerning hearing for
interstate CMV drivers. Since that time the Agency has published
additional notices granting requests from hard of hearing and deaf
individuals for exemptions from the Agency's physical qualification
standard concerning hearing for interstate CMV drivers.

III. Qualifications of Applicants

Elder Berroa

    Elder Berroa, 27, holds a class AM commercial driver's license
(CDL) in Pennsylvania.

Joshua Drane

    Joshua Drane, 35, holds a class C driver's license in California.

Jeremy Graslie

    Jeremy Graslie, 46, holds a class D driver's license in Arizona.

Geoffrey Head

    Geoffrey Head, 37, holds a class D driver's license in Ohio.

Gary Hendrickson

    Gary Hendrickson, 76, holds a class B CDL in Indiana.

Timothy Lewey

    Timothy Lewey, 41, holds a class B CDL in Texas.

Gary MacDonnell

    Gary MacDonnell, 70, holds a class A CDL in Colorado.

Ronald Mazzola

    Ronald Mazzola, 72, holds a class A CDL in Massachusetts.

Kenneth Olivo

    Kenneth Olivo, 50, holds a class C driver's license in
Pennsylvania.

Tony Walls

    Tony Walls, 30, holds a class D driver's license in Washington, DC.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated under the DATES
section of the notice.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-01255 Filed 1-23-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Notices]
[Pages 55385-55386]
[FR Doc No: 2018-24082]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4399-DR; Docket ID FEMA-2018-0001]

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

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster for the
State of Florida (FEMA-4399-DR), dated October 11, 2018, and related
determinations.

DATES: This amendment was issued October 14, 2018.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated

October 14, 2018, the President amended the cost-sharing arrangements
regarding Federal funds provided under the authority of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121
et seq. (the ``Stafford Act''), in a letter to Brock Long,
Administrator, Federal Emergency Management Agency, Department of
Homeland Security, under Executive Order 12148, as follows:

    I have determined that the damage in certain areas of the State
of Florida resulting from Hurricane Michael beginning on October 7,
2018, and continuing, is of sufficient severity and magnitude that
special cost-sharing arrangements are warranted regarding Federal
funds provided under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act'').
    Therefore, I amend my declaration of October 11, 2018, to
authorize a limited period of 100 percent Federal cost share for
debris removal, including direct Federal assistance, for a 120 hour
(5 day) continuous period of the State of Florida's choosing, and
then a 75 percent Federal cost share thereafter; and a limited
period of 100 percent Federal cost share for emergency protective
measures, including direct Federal assistance, for a 120 hour (5
day) continuous period of the State of Florida's choosing, and then
a 75 percent Federal cost share thereafter.
    This adjustment to State and local cost sharing applies only to
Public Assistance costs and direct Federal assistance eligible for
such adjustments under the law. The Robert T. Stafford Disaster
Relief and Emergency Assistance Act specifically prohibits a similar
adjustment for funds provided for Other Needs Assistance (Section
408), and the Hazard Mitigation Grant Program (Section 404). These
funds will continue to be reimbursed at 75 percent of total eligible
costs.

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

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2018-24082 Filed 11-2-18; 8:45 am]
 BILLING CODE 9111-11-P


[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Rules and Regulations]
[Pages 79599-79600]
[FR Doc No: 2013-30859]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0023; Directorate Identifier 96-CE-072-AD;
Amendment 39-17688; AD 99-01-05 R1]
RIN 2120-AA64

Airworthiness Directives; Various Aircraft Equipped With Wing
Lift Struts

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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SUMMARY: The FAA is correcting an airworthiness directive (AD) that
published in the Federal Register. That AD applies to certain aircraft
equipped with wing lift struts. The list of affected airplanes in the
Applicability section is incorrect. Several Piper Aircraft, Inc. Model
PA-18 airplanes were inadvertently omitted from the final rule;
however, those models were included in the notice of proposed
rulemaking. This document corrects that error. In all other respects,
the original document remains the same.

DATES: This final rule is effective January 14, 2014.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-
2013-00023; or in person at the Docket Management Facility between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this AD, the regulatory evaluation, any comments
received, and other information. The address for the Docket Office
(phone:<PHONE_NUMBER>) is Document Management Facility, U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: For Piper Aircraft, Inc. airplanes,
contact: Gregory ``Keith'' Noles, Aerospace Engineer, FAA, Atlanta
Aircraft Certification Office, 1701 Columbia Avenue, College Park,
Georgia 30337; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    For FS 2000 Corp, FS 2001 Corp, FS 2002 Corporation, and FS 2003
Corporation airplanes, contact: Jeff Morfitt, Aerospace Engineer, FAA,
Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton,
Washington 98057; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    For LAVIA ARGENTINA S.A. (LAVIASA) airplanes, contact: S.M.
Nagarajan, Aerospace Engineer, FAA, Small Airplane Directorate, 901
Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-
4145; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Airworthiness Directive 99-01-05 R1,
Amendment 39-17688 (78 FR 73997, December 10, 2013), will require
repetitively inspecting the wing lift struts for corrosion;
repetitively inspecting the wing lift strut forks for cracks; replacing
any corroded wing lift strut; replacing any cracked wing lift strut
fork; repetitively replacing the wing lift strut forks at a specified
time for certain airplanes; and incorporating a ``NO STEP'' placard on
the wing lift strut.
    As published, table 1 of paragraph (c) in the Applicability section
is incorrect. Several Piper Aircraft, Inc. Model PA-18 airplanes were
inadvertently omitted from the final rule; however, those models were
included in the notice of proposed rulemaking that was published in the
Federal Register on January 16, 2013 (78 FR 3356).
    No other part of the preamble or regulatory information has been
changed; therefore, only the changed portion of the final rule is being
published in the Federal Register.
    The effective date of this AD remains January 14, 2013.

Correction of Regulatory Text

Sec.  39.13  [Corrected]

    In the Federal Register of December 10, 2013, on page 73999, in
Table 1 to Paragraph (c) of this AD--Applicability, paragraph (c) of AD
99-01-05 R1; Amendment 39-17688 is corrected as follows:
* * * * *

           Table 1 to Paragraph (c) of This AD--Applicability
------------------------------------------------------------------------
     Type certificate holder        Aircraft model      Serial numbers
------------------------------------------------------------------------
FS 2000 Corp....................  L-14..............  All.
FS 2001 Corp....................  J5A (Army L-4F),    All.
                                   J5A-80, J5B (Army
                                   L-4G), J5C, AE-1,
                                   and HE-1.
FS 2002 Corporation.............  PA-14.............  14-1 through 14-
                                                       523.
FS 2003 Corporation.............  PA-12 and PA-12S..  12-1 through 12-
                                                       4036.

LAVIA ARGENTINA S.A. (LAVIASA)..  PA-25, PA-25-235,   25-1 through 25-
                                   and PA-25-260.      8156024.
Piper Aircraft, Inc.............  TG-8 (Army TG-8,    All.
                                   Navy XLNP-1).
Piper Aircraft, Inc.............  E-2 and F-2.......  All.
Piper Aircraft, Inc.............  J3C-40, J3C-50,     All.
                                   J3C-50S, (Army L-
                                   4, L-4B,L-4H, and
                                   L-4J), J3C-65
                                   (Navy NE-1 and NE-
                                   2), J3C-65S, J3F-
                                   50, J3F-50S, J3F-
                                   60, J3F-60S, J3F-
                                   65 (Army L-4D),
                                   J3F-65S, J3L, J3L-
                                   S, J3L-65 (Army L-
                                   4C), and J3L-65S.
Piper Aircraft, Inc.............  J4, J4A, J4A-S,     4-401 through 4-
                                   and J4E (Army L-    1649.
                                   4E).
Piper Aircraft, Inc.............  PA-11 and PA-11S..  11-1 through 11-
                                                       1678.
Piper Aircraft, Inc.............  PA-15.............  15-1 through 15-
                                                       388.
Piper Aircraft, Inc.............  PA-16 and PA-16S..  16-1 through 16-
                                                       736.
Piper Aircraft, Inc.............  PA-17.............  17-1 through 17-
                                                       215.
Piper Aircraft, Inc.............  PA-18, PA-18S, PA-  18-1 through 18-
                                   18 ``105''          8309025, 18900
                                   (Special), PA-18S   through 1809032,
                                   ``105''             and 1809034
                                   (Special), PA-      through 1809040.
                                   18A, PA-18
                                   ``125'' (Army L-
                                   21A), PA-18S
                                   ``125'', PA-18AS
                                   ``125'', PA-18
                                   ``135'' (Army L-
                                   21B), PA-18A
                                   ``135'', PA-18S
                                   ``135'', PA-18AS
                                   ``135'', PA-18
                                   ``150'', PA-18A
                                   ``150'', PA-18S
                                   ``150'', PA-18AS
                                   ``150'', PA-18A
                                   (Restricted), PA-
                                   18A ``135''
                                   (Restricted), and
                                   PA-18A ``150''
                                   (Restricted).
Piper Aircraft, Inc.............  PA-19 (Army L-      19-1, 19-2, and 19-
                                   18C), and PA-19S.   3.
Piper Aircraft, Inc.............  PA-20, PA-20S, PA-  20-1 through 20-
                                   20 ``115'', PA-     1121.
                                   20S ``115'', PA-
                                   20 ``135'', and
                                   PA-20S ``135''.
Piper Aircraft, Inc.............  PA-22, PA-22-108,   22-1 through 22-
                                   PA-22-135, PA-22S-  9848.
                                   135, PA-22-150,
                                   PA-22S-150, PA-22-
                                   160, and PA-22S-
                                   160.
------------------------------------------------------------------------

* * * * *

    Issued in Kansas City, Missouri, on December 18, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-30859 Filed 12-30-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 222 (Tuesday, November 18, 2014)]
[Notices]
[Pages 68745-68747]
[FR Doc No: 2014-27189]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73574; File No. SR-NASDAQ-2014-100]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of a Proposed Rule Change To Amend NASDAQ Rule 7015(d)
To Include the IPO Indicator as a New Enhancement to the NASDAQ
Workstation

November 12, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 29, 2014 The NASDAQ Stock Market LLC (``NASDAQ'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change as described in Items I, II and
III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    NASDAQ proposes a rule change proposal to amend NASDAQ Rule 7015(d)
to include the IPO Indicator as a new enhancement to a NASDAQ
Workstation subscription.
    The text of the proposed rule change is available at http://nasdaq.cchwallstreet.com/, at NASDAQ's principal office, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, NASDAQ included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of those statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant parts of such
statements.

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

1. Purpose
    NASDAQ is amending Rule 7015(d) to include the IPO Indicator as a
new enhancement to the NASDAQ Workstation. In addition to providing
order entry and quote functionality, the NASDAQ Workstation also
includes several features designed to assist subscribers with managing
and monitoring their trading activity.\3\ NASDAQ is proposing to
include a new feature designed to assist member firms in monitoring
their orders in the NASDAQ Halt Cross process leading up to the launch
of an initial public offering (``IPO'').
---------------------------------------------------------------------------

    \3\ For example, a Workstation subscription includes tools to
assist member firms in complying with Regulation NMS short sale
restrictions and compliance with the Limit Up/Limit Down process.
See http://www.nasdaqtrader.com/Trader.aspx?id=Workstation.
---------------------------------------------------------------------------

Halt Cross Process
    The NASDAQ Halt Cross is designed to provide for an orderly,
single-priced opening of securities subject to an intraday halt,
including securities that are the subject of an IPO. Prior to the Cross
execution, market participants enter quotes and orders eligible for
participation in the Cross, and NASDAQ disseminates certain information
regarding buying and selling interest entered and the indicative
execution price information, known as the Net Order Imbalance Indicator
or NOII. The NOII is disseminated every five seconds during a
designated period prior to the completion of the Halt Cross, in order
to provide market participants with information regarding the possible
price and volume of the Cross. The information provided in the NOII
message includes the Current Reference Price,\4\ which is the price at
which the Cross would occur if it executed at the time of the NOII's
dissemination, and the number of shares of Eligible Interest,\5\ which
is defined as any quotation or any order that may be entered into the
system and designated with a time-in-force that would allow the order
to be in force at the time of the Halt Cross, that would be paired at
that price.
---------------------------------------------------------------------------

    \4\ See Rule 4753(a)(3)(A).
    \5\ See Rule 4753(a)(5).
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    NASDAQ also disseminates a Market Order Imbalance, which is defined
as the number of shares of Eligible Interest entered through market
orders that would not be matched with other order shares at the time of
the dissemination of an NOII, if in fact there are such unexecutable
market order shares. When there is a Market Order Imbalance, NASDAQ
disseminates the imbalance and the buy/sell direction of the imbalance.
For example, if a buy-direction Market Order Imbalance is disseminated,
potential sellers in the Cross would know that buy liquidity is
available at a market price, potentially encouraging them to enter
additional sell orders to allow the Cross to proceed.
    In addition to disseminating information about Market Order
Imbalances, NASDAQ also disseminates information about the size and
buy/sell direction of an Imbalance. An Imbalance is defined as the
number of shares of Eligible Interest with a limit price equal to the
Current Reference Price that may not be matched with other order shares
at a particular price at any given time.\6\ As noted above, Eligible
Interest is defined as any quotation or any order that may be entered
into the system and designated with a time-in-force that would allow
the order to be in force at the time of the Halt Cross. Thus, the
provided information reflects all shares eligible for participation in
the Cross, regardless of time-in-force, and includes non-displayed
shares and reserve size. As such, the Imbalance information indicates
the degree to which available liquidity on one or the other side of the
market would not be executed if the Cross were to occur at that time.
---------------------------------------------------------------------------

    \6\ See Rule 4753(a)(1).
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    Generally, a Halt in a security is terminated when NASDAQ
determines to release a security, at which time the Display Only Period
begins, culminating in the Halt Cross whereby the security is released
for regular hours trading at the price that maximizes the number of
shares of trading interest eligible for participation in the Cross to
be executed.\7\ In the case of an IPO, underwriters to an IPO make a
determination to launch an IPO during the Pre-Launch Period \8\ when
they believe the security is ready to trade. When the underwriter
informs

NASDAQ that it is ready to launch the IPO, the NASDAQ system will
calculate the Current Reference Price at that time (the ``Expected
Price'') and display it to the underwriter. If the underwriter then
approves proceeding, the NASDAQ system will conduct two validation
checks. Specifically, the NASDAQ system will determine whether all
market orders will be executed in the cross, and whether the Expected
Price and the price calculated by the Cross differ by an amount in
excess of the price band selected by the underwriter.\9\ If either of
the validation checks fails, the security will not be released for
trading and the Pre-Launch Period will continue seamlessly until all
requirements are met. Alternatively, the underwriter may, with the
concurrence of NASDAQ, determine to postpone and reschedule the IPO.
---------------------------------------------------------------------------

    \7\ See Rule 4753(b) for a description of the processing of the
Halt Cross.
    \8\ The Pre-Launch Period is the second phase of a two-phase
process that NASDAQ uses for launching IPOs. The Pre-Launch Period
follows a 15-minute Display Only Period and is of no fixed duration.
During both periods, the NOII is disseminated every five seconds.
    \9\ See Rules 4120(c)(8)(A)(ii) and 4120(c)(8)(B).
---------------------------------------------------------------------------

New IPO Indicator
    NASDAQ is proposing the new IPO Indicator to provide member firms
with more information about interest in an IPO security. Specifically,
NASDAQ is proposing to provide information about the number and price
at which shares of a member firm's orders entered for execution in an
IPO Halt Cross (``IPO shares'') would execute in an IPO if it were to
price at the present time. The IPO Indicator will be offered through
the NASDAQ Workstation and will use the NOII information already
currently available through a Workstation subscription together with
the information about the member firm's orders on NASDAQ.\10\ Member
firms will access the IPO Indicator from the main Workstation screen,
which will allow the subscriber to select an IPO security by ticker and
see the Current Reference Price,\11\ the number of paired shares, and
the number of imbalance shares during the Display Only and Pre-Launch
Periods. The screen will also provide the total number of IPO shares
the member firm has entered for execution in the IPO Halt Cross, the
nature of such shares (buy or sell), and the number of IPO shares that
would be executed in the Halt Cross at that time for each of those
categories. Member firms will also be able to access further detail on
its IPO shares presented by individual order or order block, which will
include the number of IPO shares in a particular order or order block,
the number and percentage of IPO shares of the order or order block
that would be executed in the Halt Cross if it occurred at any given
time in the process, based on the NOII disseminated every five seconds,
and the price at which the order or order block was submitted. As such,
the IPO Indicator will provide member firms with information consistent
with what NASDAQ currently disseminates during the IPO launch process,
but as it relates to a member firm's orders and in greater detail.
---------------------------------------------------------------------------

    \10\ The information provided by the IPO Indicator is limited to
the subscribing member firm's orders.
    \11\ The Exchange notes that, in situations where there is a
Market Order Imbalance, the NOII does not provide a Current
Reference Price, since not all market orders could be executed in
the cross and therefore there is no price at which the IPO cross
could occur.
---------------------------------------------------------------------------

    NASDAQ notes that the IPO Indicator will provide member firms with
more information on their orders for participation in an IPO Halt
Cross, which will, in turn, allow them to make better informed
investment decisions. Although, NASDAQ believes the functionality
provided by the IPO Indicator will be useful to all member firms
seeking to participate in the IPO Halt Cross process, underwriters to
an IPO may find the functionality particularly useful as they will have
current and ongoing information on the nature of their order book in
the IPO shares relative to the orders that would be executed at any
given time, thus allowing them to make better informed decisions on the
timing of the IPO's launch. In this regard, the IPO Indicator may help
an underwriter to make a determination to launch an IPO at a time when
the IPO security would likely pass the validation checks, thus
increasing the likelihood of a fair and orderly launch of the IPO when
the underwriter informs NASDAQ that it is prepared to launch the IPO
security.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act,\12\ in general, and furthers the objectives of
Sections 6(b)(4) and 6(b)(5) of the Act,\13\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which NASDAQ operates or controls and is designed to
promote just and equitable principles of trade, remove impediments to
and perfect the mechanisms of a free and open market and a national
market system and, in general, to protect investors and the public
interest. The proposal is consistent with these requirements because it
will expand the information made available to market participants about
their orders and the interplay of supply and demand of buy and sell
orders leading up to the completion of an IPO Halt Cross. The
information provided by the proposed IPO Indicator is particularly
useful to underwriters of IPOs, who ultimately make the decision to
launch an IPO or to postpone it. In this regard, the IPO Indicator will
provide underwriters with a near real time assessment of the number and
price at which their IPO shares will execute at any given time,
consequently allowing them to make better informed decisions with
regard to the timing of an IPO's launch. The change will thereby
perfect the mechanisms of a free and open market by helping ensure the
security price is reasonably stable at the time the underwriter
determines to launch the IPO. Moreover, the change will protect
investors and the public interest by providing additional transparency
regarding the IPO Halt Cross, helping market participants to understand
the degree of supply and demand for the security that is the subject of
the IPO Halt Cross and the nature of the execution of IPO orders that
they would receive at any given time in the IPO launch process.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f (b).
    \13\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange is not proposing to increase the fee assessed for the
Workstation under Rule 7015(d). The Exchange notes that it enhances the
Workstation from time to time, offering new functionality it believes
useful to subscribers, but does not necessarily adjust the charge for
subscription with each enhancement. The Exchange believes that keeping
the current fee is reasonable because the proposed enhancement to the
Workstation will not result in an increase in the cost of a
subscription. The Exchange believes that not increasing the Workstation
fee is an equitable allocation as the fee remains unchanged for all
subscribers.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Specifically, the proposed
change serves merely to increase the information provided by NASDAQ
regarding the nature of the execution they would receive in an IPO at
any given time in the process, thereby assisting market participants in
making informed investment decisions regarding their participation in
the IPO Halt Cross. Moreover, the proposed change may enhance
competition among exchanges by making the NASDAQ IPO process more
appealing to market participants, thereby prompting other exchanges to
improve

their processes and the information provided during the launch of an
IPO. Lastly, the change does not restrict the ability of market
participants to participate in the IPO Halt Cross in any respect, and
therefore does [sic] impose any burden on competition among market
participants.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission shall: (a) By order approve
or disapprove such proposed rule change, or (b) institute proceedings
to determine whether the proposed rule change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2014-100 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2014-100. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices of the Exchange.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-NASDAQ-2014-
100, and should be submitted on or before December 9, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-27189 Filed 11-17-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 25, 2011 (Volume 76, Number 38)]
[Notices]
[Page 10635-10636]
[DOCID:fr25fe11-93]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket Number NHTSA-2011-0020]

Reports, Forms, and Record Keeping Requirements

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

ACTION: Request for public comment on proposed collection of
information.

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

Summary: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on proposed collections of information, including
extensions and reinstatement of previously approved collections.
    This document describes one collection of information for which
NHTSA intends to seek OMB approval.

DATES: Comments must be received on or before April 26, 2011.

ADDRESSES: You may submit comments identified by DOT Docket No. NHTSA-
2011-0020 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: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays. Telephone: 1-800-647-
5527.
     Fax:<PHONE_NUMBER>.
    Instructions: All submissions must include the agency name and
docket number for this proposed collection of information. 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 heading below.
    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).
    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: George Stevens, NHTSA 1200 New Jersey
Avenue, SE., Room W43-490, Washington, DC 20590. Mr. Steven's telephone
number is<PHONE_NUMBER>. Please identify the relevant collection of
information by referring to its OMB Control Number.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must first publish a document in the Federal Register
providing a 60-day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information. The OMB has promulgated regulations describing what must
be included in such a document. Under OMB's regulation (at 5 CFR
1320.8(d), an agency must ask for public comment on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (iii) how to enhance the quality, utility, and clarity of the
information to be collected;
    (iv) how to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g. permitting electronic
submission of responses.
    In compliance with these requirements, NHTSA asks for public
comments on the following proposed collections of information:
    Title: 49 CFR Part 556, Petitions for Inconsequentiality.
    OMB Control Number: 2127-0045.
    Affected Public: Businesses or other for profit entities.
    Abstract: If a motor vehicle or item of replacement motor vehicle
equipment is determined to contain a defect related to motor vehicle
safety or not to comply with an applicable Federal motor vehicle safety
standard (FMVSS), the manufacturer is required under 49 U.S.C. 30118 to
furnish NHTSA and owners, purchasers, and dealers of the motor vehicle
or equipment with notification of the defect or noncompliance. The
manufacturer must also remedy the defect or noncompliance without
charge under 49 U.S.C. 30120.
    A manufacturer may be exempted from these requirements under 49
U.S.C. 30118(d) if the agency decides, upon application of the
manufacturer, that the defect or noncompliance is inconsequential as it
relates to motor vehicle safety. That section provides that the agency
may only take such action after publishing notice in the Federal
Register and providing an opportunity for any interested person to
present information, views, and arguments.
    Regulations implementing this provision are found in 49 CFR part
556 Exemption for Inconsequential Defect or Noncompliance. The
regulations provide that ``the effect of a grant of a petition is to
relieve the manufacturer from any further responsibility to provide
notice and remedy of the defect or noncompliance.'' See 49 CFR 556.7.
    The regulations further provide that each petition submitted under
part 556 must:
    (1) Be written in the English language;
    (2) Be submitted in three copies to NHTSA;
    (3) State the full name and address of the applicant, the nature of
its organization (e.g., individual, partnership, or corporation) and
the name of the State or county under the laws of which it is
organized;
    (4) Describe the motor vehicle or item of replacement equipment,
including the number involved and the period of production, and the
defect or noncompliance concerning which an exemption is sought, and
    (5) Set forth all data, views, and arguments of the petitioner
supporting the petition.
    See 49 CFR 556.4(b).
    The regulations also provide that the petition must be accompanied
by three copies of the report of the defect or noncompliance that the
manufacturer has compiled for submission to NHTSA under 49 CFR part 573
Defect and Noncompliance Responsibility and Reports, and be submitted
no later than 30 days after the manufacturer determines the existence
of the defect or noncompliance or is notified that NHTSA has determined
the existence of the defect or noncompliance. See 49 CFR 556.4(b)(6)
and (c).
    The agency receives, on average, 30 petitions per year seeking
exemptions under part 556 for an inconsequential defect or
noncompliance. The agency estimates that it would take, on average,
five hours for a manufacturer to compile, organize, and submit the
information needed to support each petition.
    Estimated Annual Burden: 150 hours.
    Number of Respondents: 30.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology.

    Issued on: February 16, 2011.
Claude H. Harris,
Acting Associate Administrator, for Enforcement.
[FR Doc. 2011-4207 Filed 2-24-11; 8:45 am]
BILLING CODE 4910-59-P