covering, and techniques for safe and efficient loading/unloading.
The training providers must also teach driver-trainees the basic
cargo security/cargo theft prevention procedures. The training
providers must teach driver-trainees the basic information regarding
the proper handling and documentation of HM cargo.

Unit B1.5.2 Environmental Compliance Issues

    This unit must teach driver-trainees to recognize environmental
hazards and issues related to the CMV and load, and also make aware
that city, county, State, and Federal requirements may apply to such
circumstances.

Unit B1.5.3 Hours of Service Requirements

    This unit must teach driver-trainees to understand that there
are different hours-of-service (HOS) requirements applicable to
different industries. The training providers must teach driver-
trainees all applicable HOS regulatory requirements. The training
providers must teach driver-trainees to complete a Driver's Daily
Log (electronic and paper), timesheet, and logbook recap, as
appropriate. The training providers must teach driver-trainees the
consequences (safety, legal, and personal) of violating the HOS
regulations, including the fines and penalties imposed for these
types of violations.

Unit B1.5.4 Fatigue and Wellness Awareness

    The issues and consequences of chronic and acute driver fatigue
and the importance of staying alert will be covered in this unit.
The training providers must teach driver-trainees about wellness and
basic health maintenance information that affect a driver's ability
to safely operate a CMV.

Unit B1.5.5 Post-Crash Procedures

    This unit must teach driver-trainees the appropriate post-crash
procedures, including the requirement that the driver, if possible,
assess his or her physical condition immediately after the crash and
notify authorities, or assign the task to other individuals at the
crash scene. The training providers must teach driver-trainees how
to protect the area; obtain emergency medical assistance; move on-
road vehicles off the road in minor crashes so as to avoid
subsequent crashes or injuries; engage flashers; place reflective
triangles and other warning devices for stopped vehicles; and
properly use a fire extinguisher, if necessary. The training
providers must instruct driver-trainees in post-crash testing
requirements related to controlled substances and alcohol.

Unit B1.5.6 External Communications

    This unit must instruct driver-trainees in the value of
effective interpersonal communication techniques/skills to interact
with enforcement officials. The training providers must teach
driver-trainees the specifics of the roadside vehicle inspection
process, and what to expect during this activity. Driver-trainees
who are not native English speakers must be instructed in FMCSA
English language proficiency requirements and the consequences for
violations. The training providers must teach driver-trainees the
implications of violating Federal and state regulations will have on
their driving records and their employing motor carrier's records.

Unit B1.5.7 Whistleblower/Coercion

    This unit must teach the driver-trainees about the right of an
employee to question the safety practices of an employer without
incurring the risk of losing a job or being subject to reprisals
simply for stating a safety concern. The training providers must
instruct driver-trainees in the whistleblower protection regulations
in 29 CFR part 1978. The training providers must teach driver-
trainees the procedures for reporting to FMCSA incidents of coercion
from motor carriers, shippers, receivers, or transportation
intermediaries.

Unit B1.5.8 Trip Planning

    This unit must address the importance of and requirements for
planning routes and trips. This instruction must address planning
the safest route, planning for rest stops, heavy traffic areas,
railroad-highway grade crossing safe clearance and ground clearance
(i.e., ``high center''), the importance of Federal and State
requirements on the need for permits, and vehicle size and weight
limitations. The training providers must teach driver-trainees the
correct

identification of restricted routes, the pros and cons of Global
Positioning System (GPS)/trip routing software, and the importance
of selecting fuel-efficient routes.

Unit B1.5.9 Drugs/Alcohol

    This unit must teach driver-trainees the rules applicable to
controlled substances (including prescription drugs) and alcohol use
and testing related to the operation of a CMV.

Unit B1.5.10 Medical Requirements

    This unit must teach driver-trainees the Federal rules on
medical certification, medical examination procedures, general
qualifications, responsibilities, and disqualifications based on
various offenses, orders, and loss of driving privileges (49 CFR
part 391, subparts B and E).

Behind-the-Wheel Range

    This unit must teach driving exercises related to basic vehicle
control skills and mastery of basic maneuvers, as covered in
Sec. Sec.  383.111 and 383.113 of this chapter necessary to operate
the vehicle safely. The training providers must teach driver-
trainees activities in this unit on a driving range as defined in
Sec.  380.605. The training provider must teach ``Get Out and Look''
(GOAL) to the driver-trainee as it applies to units B2.2-2.6.

Unit B2.1 Vehicle Inspection Pre-Trip/Enroute/Post-Trip

    Driver-trainees must demonstrate proficiency in conducting pre-
trip and post-trip inspections as specified in Sec. Sec.  392.7 and
396.11, including appropriate inspection locations. Instruction must
also be provided on enroute vehicle inspections.

Unit B2.2 Straight Line Backing

    Driver-trainees must demonstrate proficiency in proper
techniques for performing various straight line backing maneuvers to
appropriate criteria/acceptable tolerances.

Unit B2.3 Alley Dock Backing (45/90 Degree)

    Driver-trainees must demonstrate proficiency in proper
techniques for performing 45/90 degree alley dock maneuvers to
appropriate criteria/acceptable tolerances.

Unit B2.4 Off-Set Backing

    Driver-trainees must demonstrate proficiency in proper
techniques for performing off-set backing maneuvers to appropriate
criteria/acceptable tolerances.

Unit B2.5 Parallel Parking Blind Side

    Driver-trainees must demonstrate proficiency in proper
techniques for performing parallel parking blind side positions/
maneuvers to appropriate criteria/acceptable tolerances.

Unit B2.6 Parallel Parking Sight Side

    Driver-trainees must demonstrate proficiency in proper
techniques for performing sight side parallel parking maneuvers to
appropriate criteria/acceptable tolerances.

Behind-the-Wheel Public Road

    The instructor must engage in active two-way communication with
the driver-trainees during all active BTW public road training
sessions. Skills described in paragraphs B3.8 through 3.12 of this
section must be discussed during public road training, but not
necessarily performed. Driver-trainees are not required to
demonstrate proficiency in the skills described in paragraphs B3.8
through 3.12.

Unit B3.1 Vehicle Controls Including: Left Turns, Right Turns, Lane
Changes, Curves at Highway Speeds, and Entry and Exit on the
Interstate or Controlled Access Highway

    Driver-trainees must demonstrate proficiency in proper
techniques for initiating vehicle movement, executing left and right
turns, changing lanes, navigating curves at speed, exiting and
entering the interstate, and stopping the vehicle in a controlled
manner.

Unit B3.2 Shifting/Transmission

    Driver-trainees must demonstrate proficiency in proper
techniques for performing safe and fuel-efficient shifting.

Unit B3.3 Communications/Signaling

    Driver-trainees must demonstrate proficiency in proper
techniques for signaling intentions and effectively communicating
with other drivers.

Unit B3.4 Visual Search

    Driver-trainees must demonstrate proficiency in proper
techniques for visually searching the road for potential hazards and
critical objects.

Unit B3.5 Speed and Space Management

    Driver-trainees must demonstrate proficiency in proper habits
and techniques for adjusting and maintaining vehicle speed, taking
into consideration various factors such as traffic and road
conditions. Driver-trainees must demonstrate proficiency in
maintaining proper speed to keep appropriate spacing between the
driver-trainee's CMV and other vehicles. Instruction must include
methods for calibrating safe following distances under an array of
conditions including traffic, weather, and CMV weight and length.

Unit B3.6 Safe Driver Behavior

    Driver-trainees must demonstrate proficiency in safe driver
behavior during their operation of the CMV.

Unit B3.7 Hours of Service (HOS) Requirements

    Driver-trainees must demonstrate proficiency in the basic
activities required by the HOS regulations, such as completing a
Driver's Daily Log (electronic and paper), timesheet, and logbook
recap, as appropriate.

Unit B3.8 Hazard Perception

    Driver-trainees must demonstrate their ability to recognize
potential hazards in the driving environment in time to reduce the
severity of the hazard and neutralize possible emergency situations.
Driver-trainees must demonstrate the ability to identify road
conditions and other road users that are a potential threat to
vehicle safety and suggest appropriate adjustments.

Unit B3.9 Railroad (RR)-Highway Grade Crossing

    Driver-trainees must demonstrate the ability to recognize
potential dangers and to demonstrate appropriate safety procedures
when RR-highway grade crossings are reasonably available.

Unit B3.10 Night Operation

    Driver-trainees must be familiar with how to operate a CMV
safely at night. Training providers must teach driver-trainees that
night driving presents specific circumstances that require
heightened attention on the part of the driver. Driver-trainees must
be taught special requirements for night vision, communications,
speed, space management, and proper use of lights.

Unit B3.11 Extreme Driving Conditions

    Driver-trainees must be familiar with the special risks created
by, and the heightened precautions required by, driving CMVs under
extreme driving conditions, such as heavy rain, high wind, high
heat, fog, snow, ice, steep grades, and curves. Training providers
must teach driver-trainees the basic driving habits needed to deal
with the specific challenges presented by these extreme driving
conditions.

Unit B3.12 Skid Control/Recovery, Jackknifing, and Other
Emergencies

    Driver-trainees must know the causes of skidding and jackknifing
and techniques for avoiding and recovering from them. Driver-
trainees must know how to maintain directional control and bring the
CMV to a stop in the shortest possible distance while operating over
a slippery surface. Driver-trainees must be familiar with proper
techniques for responding to CMV emergencies, such as evasive
steering, emergency braking, and off-road recovery. They must also
know how to prevent or respond to brake failures, tire blowouts,
hydroplaning, and rollovers.

Appendix C to Part 380--Passenger Endorsement Training Curriculum

    Passenger (P) endorsement applicants must complete the
curriculum outlined in this section, which applies to driver-
trainees who expect to operate CMVs in the any of the vehicle groups
defined in Sec.  383.91(a)(1)-(3) for which a P endorsement is
required.
    There is no required minimum number of instruction hours for
theory training, but the training provider must cover all the topics
set forth in the curriculum. There is no required minimum number of
instruction hours for BTW training, but training providers must
determine whether driver-trainees have demonstrated proficiency in
all elements of the BTW curriculum. Training instructors must
document the total number of clock hours each driver-trainee spends
to complete the BTW curriculum. The training must be conducted in a
passenger vehicle of the same vehicle group as the applicant intends
to drive. The passenger endorsement training must, at a minimum,
contain the following:

Theory Instruction

Unit C1.1 Post-Crash Procedures

    This unit must teach driver-trainees appropriate post-crash
procedures, including the requirement that the driver, if possible,
assess his or her physical condition immediately after the crash and
notify authorities, or assign the task to a passenger or other
individuals at the crash scene. Also, training providers must teach
driver-trainees how to obtain emergency medical assistance; move on-
road vehicles off the road in minor crashes so as to avoid
subsequent crashes or injuries; engage flashers, reflective
triangles and other warning devices for stopped vehicles; and
properly use a fire extinguisher if necessary.

Unit C1.2 Other Emergency Procedures

    This unit must instruct driver-trainees in managing security
breaches, on-board fires, emergency exit and passenger evacuation
training, medical emergencies, and emergency stopping procedures
including the deployment of various emergency hazard signals.
Instruction must also include procedures for dealing with mechanical
breakdowns and vehicle defects while enroute.

Unit C1.3 Vehicle Orientation

    This unit must teach driver-trainees the basic physical and
operational characteristics of passenger-carrying CMV (e.g. bus and
motor coach), including overall height, length, width, ground
clearances, rear overhang, Gross Vehicle Weight and Gross Vehicle
Weight Rating, axle weights, wheels and rims, tires, tire ratings,
mirrors, steer wheels, lighting, windshield, windshield wipers,
engine compartments, basic electrical system, brake systems, as
applicable, and spare tire storage. Additionally, training providers
must instruct driver-trainees in techniques for proper driver seat
and mirror adjustments.

Unit C1.4 Pre-Trip, Enroute, and Post-Trip Inspection

    This unit must teach the driver-trainee the importance of pre-
trip, enroute, and post-trip inspections; and provide instruction in
techniques for conducting such inspections as stated in Sec. Sec.
392.7 and 396.11, and demonstrate their ability to inspect the
following:
    (1) Emergency exits;
    (2) Passenger-carrying CMV interiors (including passenger seats
as applicable);
    (3) Restrooms and associated environmental requirements;
    (4) Temperature controls (for maintaining passenger comfort);
    (5) Driver and passenger seat belts.
    Additionally, training providers must instruct driver-trainees
in procedures, as applicable, in security-related inspections,
including inspections for unusual wires or other abnormal visible
materials, interior and exterior luggage compartments, packages or
luggage left behind, and signs of cargo or vehicle tampering.
Finally, training providers must instruct driver-trainees in
cycling-accessible lifts and procedures for inspecting them for
functionality and defects.

Unit C1.5 Fueling

    This unit must instruct driver-trainees on the significance of
avoiding refueling a bus while passengers are onboard and the
imperative of avoiding refueling in an enclosed space.

Unit C1.6 Idling

    This unit must teach driver-trainees the importance of
compliance with State and local laws and regulations, including for
example, idling limits, fuel savings; and the consequences of non-
compliance, including adverse health effects and penalties.

Unit C1.7 Baggage and/or Cargo Management

    In this unit, training providers must teach driver-trainees:
    (1) Proper methods for handling and securing passenger baggage
and containers, as applicable.
    (2) Procedures for identifying and inspecting baggage and
containers for prohibited items, such as hazardous materials.
    (3) Proper handling and securement of devices associated with
the Americans with Disabilities Act (ADA) compliance, including
oxygen, wheeled mobility devices, and other associated apparatuses.

Unit C1.8 Passenger Safety Awareness Briefing

    This unit must teach driver-trainees how to brief passengers on
safety topics including fastening seat belts, emergency exits,
emergency phone contact information, fire extinguisher location,
safely walking in the aisle when the bus is moving, and restroom
emergency push button or switch.

Unit C1.9 Passenger Management

    In this unit, training providers must teach driver-trainees:
    (1) Proper procedures for safe loading and unloading of
passengers prior to departure, including rules concerning standing
passengers and the standee line.
    (2) Procedures for dealing with disruptive passengers.

Unit C1.10 Americans With Disabilities Act (ADA) Compliance

    Along with addressing the proper operation of accessibility
equipment (e.g., lifts), this must teach driver-trainees the
applicable regulations and proper procedures for engaging persons
with disabilities or special needs under the ADA. Training must
cover passengers with mobility issues, engaging passengers with
sight, hearing, or cognitive impairments, and recognizing the
permitted use of service animals.

Unit C1.11 Hours of Service (HOS) Requirements

    This unit must teach driver-trainees the HOS regulations that
apply to drivers for interstate passenger carriers. Training
providers must teach driver-trainees the basic activities required
by the HOS regulations, such as completing a Driver's Daily Log
(electronic and paper), timesheet, and logbook recap, as
appropriate. Training providers must teach driver-trainees how to
recognize the signs of fatigue and basic fatigue countermeasures as
a means to avoid crashes.

Unit C1.12 Safety Belt Safety

    This unit must teach driver-trainees the Federal rules governing
the proper use of safety restraint systems by CMV drivers, as set
forth in Sec.  392.16.

Unit C1.13 Distracted Driving

    This unit must teach driver-trainees FMCSA regulations that
prohibit drivers from texting or using hand-held mobile phones while
operating their vehicles (e.g., Sec. Sec.  392.80 and 392.82); and
must teach the serious consequences of violations, including
crashes, heavy fines, and impacts on a motor carrier's and/or
driver's safety records, such as driver disqualification.

Unit C1.14 Railroad (RR)-Highway Grade Crossings and Drawbridges

    This unit must instruct driver-trainees in applicable
regulations, techniques, and procedures for navigating RR-highway
grade crossings and drawbridges appropriate to passenger buses.

Unit C1.15 Weigh Stations

    This unit must teach driver-trainees the weigh-station
regulations that apply to buses.

Unit C1.16 Security and Crime

    This unit must teach driver-trainees the basic techniques for
recognizing and minimizing physical risks from criminal activities.

Unit C1.17 Roadside Inspections

    This unit must teach driver-trainees what to expect during a
standard roadside inspection conducted by authorized personnel.
Training providers must teach driver-trainees what passenger-
carrying vehicle and driver violations are classified as out-of-
service (OOS), including the ramifications and penalties for
operating a CMV when subject to an OOS order as defined in Sec.
390.5.

Unit C1.18 Penalties and Fines

    This unit must teach driver-trainees the potential consequences
of violating driver-related regulations, including impacts on driver
and motor carrier safety records, adverse impacts on the driver's
Pre-employment Screening Program record; financial penalties for
both the driver and carrier; and possible loss of CMV driving
privileges.

Behind the Wheel--Range and Public Road

    This BTW training consists of exercises related to basic vehicle
control skills and mastery of basic maneuvers necessary to operate
the vehicle safely. Activities in this unit will take place on a
driving range or a public road as defined in Sec.  380.605. The
instructor must engage in active communication with the driver-
trainees during all BTW training sessions.

Unit C2.1 Vehicle Orientation

    Driver-trainees must demonstrate their familiarity with basic
passenger-carrying CMV physical and operational characteristics
including overall height, length, width,

ground clearances, rear overhang, gross vehicle weight and gross
vehicle weight rating, axle weights, wheels and rims, tires, tire
ratings, mirrors, steer wheels, lighting, windshield, windshield
wipers, engine compartments, basic electric system, and spare tire
storage. Additionally, driver-trainees must demonstrate techniques
for proper driver's seat and mirror adjustments.

Unit C2.2 Pre-Trip, Enroute, and Post-Trip Inspection

    Driver-trainees must demonstrate proficiency in conducting such
pre-trip, enroute and post-trip inspections of buses and key
components of Sec. Sec.  392.7 and 396.11, and demonstrate their
ability to inspect the following:
    (1) Emergency exits;
    (2) Passenger-carrying CMV interiors (including passenger seats
as applicable);
    (3) Restrooms and associated environmental requirements;
    (4) Temperature controls (for maintaining passenger comfort);
and
    (5) Driver and passenger seat belts.
    Additionally, driver-trainees must demonstrate their knowledge
of procedures, as applicable, in security-related inspections,
including inspections for unusual wires or other abnormal visible
materials, interior and exterior luggage compartments, packages or
luggage left behind, and signs of cargo or vehicle tampering.
Driver-trainees must be familiar with the operation of cycling-
accessible lifts and the procedures for inspecting them for
functionality and defects. For passenger-carrying vehicles equipped
with said lifts and tie-down positions, trainee must demonstrate
their ability to operate the cycling-accessible lifts.

Unit C2.3 Baggage and/or Cargo Management

    In this unit, driver-trainees must demonstrate their ability to:
    (1) Properly handle passenger baggage and containers to avoid
worker, passenger, and non-passenger related injuries and property
damage;
    (2) Visually inspect baggage and containers for prohibited
items, such as hazardous materials and identify such items;
    (3) Properly handle and secure devices associated with ADA
compliance including oxygen, wheeled mobility devices, and other
associated apparatuses.

Unit C2.4 Passenger Safety Awareness Briefing

    Driver-trainees must demonstrate their ability to brief
passengers on safety on topics including: Fastening seat belts,
emergency exits, emergency phone contact information, fire
extinguisher location, safely walking in the aisle when the bus is
moving, and restroom emergency push button or switch.

Unit C2.5 Passenger Management

    In this unit, driver-trainees must demonstrate their ability to
safely load and unload passengers prior to departure and to deal
with disruptive passengers.

Unit C2.6 Railroad-Highway Grade Crossings

    Driver-trainees must demonstrate proper procedures for safely
navigating railroad-highway grade crossings in a passenger-carrying
CMV.

Appendix D to Part 380--School Bus Endorsement Training Curriculum

    School bus (S) endorsement applicants must complete the
curriculum outlined in this section, which applies to driver-
trainees who expect to operate a ``school bus'' as defined in Sec.
383.5. There is no required minimum number of instruction hours for
theory training, but the training provider must cover all the topics
set forth in the curriculum. There is no required minimum number of
instruction hours for BTW training, but the training provider must
determine whether driver-trainees have demonstrated proficiency in
all elements of the BTW curriculum. Training instructors must
document the total number of clock hours each driver-trainee spends
to complete the BTW curriculum. The training must be conducted in a
school bus of the same vehicle group as the applicant intends to
drive. The school bus endorsement training must, at a minimum,
include the following:

Theory Instruction

Unit D1.1 Danger Zones and Use of Mirrors

    This unit must teach driver-trainees the danger zones that exist
around the school bus and the techniques to ensure the safety of
those around the bus. These techniques include correct mirror
adjustment and usage. The types of mirrors and their use must be
discussed, as well as the requirements found in Federal Motor
Vehicle Safety Standard (FMVSS) 111 (49 CFR 571.111). Training
providers must teach driver-trainees the dangers of ``dart-outs.''
Training providers must teach driver-trainees the importance of
training students how to keep out of the danger zone when around
school buses and the techniques for doing so.

Unit D1.2 Loading and Unloading

    This unit must be instruct driver-trainees on the laws and
regulations for loading and unloading, as well as the required
procedures for students waiting at a bus stop and crossing the
roadway at a bus stop. Special dangers involved in loading and
unloading must be specifically discussed, including procedures to
ensure the danger zone is clear and that no student has been caught
in the doorway prior to moving the vehicle. Instruction also must be
included on the proper use of lights, stop arms, crossing gates, and
safe operation of the door during loading and unloading; the risks
involved with leaving students unattended on a school bus; and the
proper techniques for checking the bus for sleeping children and
lost items at the end of each route.

Unit D1.3 Vehicle Orientation

    This unit must teach driver-trainees the basic physical and
operational characteristics of school buses, including overall
height, length, width, ground clearances, rear overhang, Gross
Vehicle Weight and Gross Vehicle Weight Rating, axle weights, wheels
and rims, tires, tire ratings, mirrors, steer wheels, lighting,
windshield, windshield wipers, engine compartments, basic electrical
system, brake systems, as applicable, and spare tire storage.
Additionally, the training providers must instruct driver-trainees
in techniques for proper driver seat and mirror adjustments.

Unit D1.4 Post-Crash Procedures

    This unit must instruct driver-trainees on the proper procedures
following a school bus crash. The instruction must include use of
fire extinguisher(s), first aid kit(s), tending to injured
passengers, post-crash vehicle securement, notification procedures,
deciding whether to evacuate the bus, data gathering, and
interaction with law enforcement officials.

Unit D1.5 Emergency Exit and Evacuation

    This unit must teach driver-trainees their role in safely
evacuating the bus in an emergency and planning for an emergency in
advance. Training must include proper evacuation methods and
procedures, such as the safe evacuation of students on field and
activity trips who only occasionally ride school buses and thus may
not be familiar with the procedures.

Unit D1.6 Railroad-Highway Grade Crossings

    This unit must teach driver-trainees the dangers trains present
and the importance of the school bus driver and students strictly
following railroad crossing procedures. Instruction must be given on
the types of crossings, warning signs and devices, and State and
local procedures and regulations for school buses when crossing
railroad-highway grade crossings.

Unit D1.7 Student Management

    This unit must teach driver-trainees how to manage student
behavior on the bus to ensure that safety is maintained and the
rights of others are respected. Specific student management
techniques must be discussed, including warning signs of bullying
and the techniques for managing student behavior and administering
discipline. Training providers must teach driver-trainees to avoid
becoming distracted by student behavior while driving, especially
when crossing railroad tracks and during loading and unloading.

Unit D1.8 Special Safety Considerations

    This unit must teach the driver-trainees the special safety
considerations and equipment in school bus operations. Topics
discussed must include use of strobe lights, driving in high winds,
safe backing techniques, and preventing tail swing crashes.

Unit D1.9 Pre- and Post-Trip Inspections

    This unit must teach the driver-trainees the importance of pre-
trip, enroute, and post-trip inspections; and provide instruction in
techniques for conducting such inspections of buses as stated in
Sec. Sec.  392.7 and 396.11, and additionally demonstrate their
ability to inspect the following:
    (1) Stop arms,
    (2) Crossing arms,

    (3) Emergency exits,
    (4) Fire extinguishers,
    (5) Passenger seats,
    (6) First aid kits,
    (7) Interior lights, and
    (8) Temperature control (for maintaining passenger comfort).
    Training providers must instruct driver-trainees in State and
local requirements, as applicable, for inspection of school bus
equipment.

Unit D1.10 School Bus Security

    This unit must teach driver-trainees the security issues facing
school bus drivers. Training providers must also teach driver-
trainees potential security threats, techniques for preventing and
responding to security threats, how to recognize and report
suspicious behavior, and what to do in the event of a hijacking or
attack on a school bus.

Unit D1.11 Route and Stop Reviews

    This unit must teach driver-trainees the importance of planning
their routes prior to beginning driving in order to avoid
distraction while on the road. The training provider must also teach
driver-trainees the techniques for reviewing routes and stops, as
well as State and local procedures for reporting hazards along the
route and at bus stops.

Behind the Wheel--Range and Public Road

    This unit must consist of exercises related to basic vehicle
control skills and mastery of basic maneuvers. Activities in this
unit will take place on a driving range or a public road as defined
in Sec.  380.605. The instructor must engage in active communication
with the driver-trainees during all active training sessions.

Unit D2.1 Danger Zones and Use of Mirrors

    Driver-trainees must demonstrate the techniques necessary to
ensure the safety of persons in the danger zone around the bus.
Driver-trainees must practice mirror adjustment and usage. The types
of mirrors and their use are shown, and cones used to demonstrate
the requirements of 49 CFR 571.111.

Unit D2.2 Loading and Unloading

    Driver-trainees must demonstrate the loading and unloading
techniques learned in the theory portion of the training. Driver-
trainees must demonstrate checking the vehicle for sleeping children
and lost items at the end of the route.

Unit D2.3 Emergency Exit and Evacuation

    Driver-trainees must demonstrate their role in safely evacuating
the bus in an emergency.

Unit D2.4 Special Safety Considerations

    Driver-trainees must demonstrate safe backing techniques and
demonstrate their ability to avoid tail swing crashes by using
reference points when making turns.

Unit D2.5 Pre- and Post-Trip Inspections

    Driver-trainees must demonstrate proficiency in conducting pre-
and post-trip inspections, as stated in Sec. Sec.  392.7 and 396.11,
and of school bus-specific equipment, such as mirrors, stop arms,
crossing arms, emergency exits, fire extinguishers, passenger seats,
first aid kits, interior lights, and temperature control.

Unit D2.6 Railroad-Highway Grade Crossings

    Driver-trainees must demonstrate proper procedures for safely
navigating railroad-highway grade crossings in a school bus.

Appendix E to Part 380--Hazardous Materials Endorsement Training
Curriculum

    Hazardous materials (H) endorsement applicants must complete the
Hazardous materials curriculum, which apply to driver-trainees who
intend to operate CMVs used in the transportation of hazardous
materials (HM) as defined in Sec.  383.5. Driver-trainees seeking an
H endorsement, as defined in Sec.  383.93(c)(4), must complete this
curriculum in order to take the State-administered knowledge test
for the H endorsement. There is no required minimum number of
instruction hours for theory training, but the training provider
must cover all the topics in the curriculum. The HM curriculum must,
at a minimum, include the following:

Theory Instruction

Unit E1.1 Basic Introductory HM Requirements

    This unit must teach driver-trainees the basic HM competencies,
including applicable FMCSR requirements when HM is being
transported. The training provider must also teach driver-trainees
HM communication requirements including: Shipping paper
requirements, marking, labeling, placarding, emergency response
information, and shipper's responsibilities.

Unit E1.2 Operational HM Requirements

    This unit must teach driver-trainees the basic competencies for
transportation of HM.

Unit E1.3 Reporting HM Crashes and Releases

    The unit must teach driver-trainees the proper procedures and
contacts for the immediate notification related to certain HM
incidents, including instruction in the proper completion and
submission of HM Incident Reports.

Unit E.4 Tunnels and Railroad (RR)-Highway Grade Crossing
Requirements

    This unit must teach driver-trainees the proper operation of an
HM vehicle at RR-highway grade crossings and in vehicular tunnels.

Unit E1.5 Loading and Unloading HM

    This unit must teach driver-trainees the proper loading and
unloading procedures for hazardous material cargo. Training
providers must also teach driver-trainees the requirements for
proper segregation and securement of HM, and the prohibitions on
transporting certain solid and liquid poisons with foodstuffs.

Unit E1.6 HM on Passenger Vehicles

    This unit must teach driver-trainees the various requirements
for vehicles transporting passengers and property, and the types and
quantities of HM that can and cannot be transported in these
vehicles/situations.

Unit E1.7 Bulk Packages

    This unit must teach driver-trainees the specialized
requirements for transportation of cargo in bulk packages, including
cargo tanks, intermediate bulk containers, bulk cylinders and
portable tanks. The unit must include training in the operation of
emergency control features, special vehicle handling
characteristics, rollover prevention, and the properties and hazards
of the HM transported. Training providers must teach driver-trainees
methods specifically designed to reduce cargo tank rollovers
including, but not limited to, vehicle design and performance, load
effects, highway factors, and driver factors.

Unit E1.8 Operating Emergency Equipment

    This unit must teach driver-trainees the applicable requirements
of the FMCSRs and the procedures necessary for the safe operation of
the motor vehicle. This includes training in special precautions for
fires, loading and unloading, operation of cargo tank motor vehicle
equipment, and shut-off/shut-down equipment.

Unit E1.9 Emergency Response Procedures

    This unit must teach driver-trainees the proper procedures and
best practices for handling an emergency response and post-response
operations, including what to do in the event of an unintended
release of an HM. All training, preparation, and response efforts
must focus on the hazards of the materials that have been released
and the protection of people, property, and the environment.

Unit E1.10 Engine (Fueling)

    This unit must teach driver-trainees the procedures for fueling
a vehicle that contains HM.

Unit E1.11 Tire Check

    This unit must teach driver-trainees the proper procedures for
checking the vehicle tires at the start of a trip and each time the
vehicle is parked.

Unit E1.12 Routes and Route Planning

    This unit must teach driver-trainees the proper routing
procedures that they are required to follow for the transportation
of radioactive and non-radioactive HM.

Unit E1.13 Hazardous Materials Safety Permits (HMSP)

    This unit must teach driver-trainees the proper procedures and
operational requirements including communications, constant
attendance, and parking that apply to the transportation of HM for
which an HMSP is required.

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES

0
8. The authority citation for part 383 is revised to read as follows:

    Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs.
214 and 215 of Pub. L.

106-159, 113 Stat. 1748, 1766, 1767; sec. 1012(b) of Pub. L. 107-56,
115 Stat. 272, 297, sec. 4140 of Pub. L. 109-59, 119 Stat. 1144,
1746; sec. 32934 of Pub. L. 112-141, 126 stat. 405, 830; and 49 CFR
1.87.

0
9. Amend Sec.  383.71 by adding paragraphs (a)(3) and (b)(11), revising
paragraphs (e)(3) and (4), and adding paragraph (e)(5) to read as
follows:

Sec.  383.71   Driver application and certification procedures.

    (a) * * *
    (3) Beginning on February 7, 2020, a person must complete the
training prescribed in subpart F of part 380 of this chapter before
taking the skills test for a Class A or B CDL for the first time, or a
skills test for a passenger (P) or school bus (S) endorsement for the
first time, or the knowledge test for a hazardous materials (H)
endorsement for the first time. The training must be administered by a
provider listed on the Training Provider Registry.
    (b) * * *
    (11) Beginning on February 7, 2020, a person must complete the
training prescribed in subpart F of part 380 of this chapter before
taking the skills test for a Class A or B CDL, a passenger (P) or
school bus (S) endorsement for the first time or the knowledge test for
a hazardous materials (H) endorsement for the first time. The training
must be administered by a provider listed on the Training Provider
Registry.
* * * * *
    (e) * * *
    (3) Comply with the requirements specified in paragraph (b)(8) of
this section to obtain a hazardous materials endorsement;
    (4) Surrender the previous CDL; and
    (5) Beginning on February 7, 2020, a person must complete the
training prescribed in subpart F of part 380 of this chapter before
taking the skills test for upgrading to a Class A or B for the first
time; or adding a passenger or school bus endorsement to a CDL for the
first time; or knowledge test for hazardous materials endorsement for
the first time. The training must be administered by a provider on the
Training Provider Registry.
* * * * *

0
10. Amend Sec.  383.73 by revising paragraph (b)(3) introductory text
and paragraph (b)(3)(ii) and by adding paragraphs (b)(10), (e)(8), and
(p) to read as follows:

Sec.  383.73   State procedures.

* * * * *
    (b) * * *
    (3) Initiate and complete a check of the applicant's driving record
to ensure that the person is not subject to any disqualification under
Sec.  383.51, or any license disqualification under State law, does not
have a driver's license from more than one State or jurisdiction, and
has completed the required training prescribed in subpart F of part 380
of this subchapter. The record check must include, but is not limited
to, the following:
* * * * *
    (ii) A check with the CDLIS to determine whether the driver
applicant already has been issued a CDL, whether the applicant's
license has been disqualified, or if the applicant has been
disqualified from operating a commercial motor vehicle; and beginning
February 7, 2020, before an applicant is issued a Class A or Class B
CDL, or a passenger (P), school bus (S), or hazardous materials (H)
endorsement, whether the applicant has completed the training required
by subpart F of part 380 of this subchapter;
* * * * *
    (10) Beginning on February 7, 2020, not conduct a skills test of an
applicant for a Class A or Class B CDL, or a passenger (P) or school
bus (S) endorsement until the State verifies electronically that the
applicant completed the training prescribed in subpart F of part 380 of
this subchapter.
* * * * *
    (e) * * *
    (8) Beginning on February 7, 2020, not issue an upgrade to a Class
A or Class B CDL, or a passenger (P), school bus (S), or hazardous
materials (H) endorsement, unless the applicant has completed the
training required by subpart F of part 380 of this subchapter.
* * * * *
    (p) After February 7, 2020, the State must notify FMCSA that a
training provider in the State does not meet applicable State
requirements for CMV instruction.

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

0
11. The authority citation for part 384 is revised to read as follows:

    Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs. 103
and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; sec. 32934 of Pub.
L. 112-141, 126 stat. 405, 830 and 49 CFR 1.87.

0
12. Add Sec.  384.230 to read as follows:

Sec.  384.230   Entry-level driver certification.

    (a) Beginning on February 7, 2020, a State must comply with the
requirements of Sec.  383.73(b)(3)(ii), (b)(10), and (e)(8) to verify
that the applicant completed the training prescribed in subpart F of
part 380.
    (b)(1) A State may issue a CDL to individuals who obtain a CLP
before February 7, 2020, who have not complied with subpart F of part
380 of this subchapter so long as they obtain a CDL before the CLP or
renewed CLP expires.
    (2) A State may not issue a CDL to individuals who obtain a CLP on
or after February 7, 2020, unless they comply with subpart F of part
380 of this subchapter.

0
13. Add Sec.  384.235 to subpart B to read as follows:

Sec.  384.235   Entry-level driver training provider notification.

    The State must meet the entry-level driver training provider
notification requirement of Sec.  383.73(p).

0
14. In Sec.  384.301, add paragraph (j) to read as follows:

Sec.  384.301   Substantial compliance--general requirements.

* * * * *
    (j) A State must come into substantial compliance with the
requirements of subpart B of this part and part 383 of this chapter in
effect as of February 6, 2017, but not later than February 7, 2020.

    Issued under the authority of delegation in 49 CFR 1.87:
November 16, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-28012 Filed 12-7-16; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 210 (Wednesday, October 30, 2013)]
[Notices]
[Pages 64937-64938]
[FR Doc No: 2013-25596]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2013-0026; FRL-9398-6]

Pesticide Products; Registration Applications for New Active
Ingredients

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received several applications to register pesticide
products containing active ingredients not included in any currently
registered pesticide products. Pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice
of receipt and opportunity to comment on these applications.

DATES: Comments must be received on or before November 29, 2013.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the EPA File Symbol of interest as shown in the body of
this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Antimicrobials Division
(AD) (7510P), telephone number:<PHONE_NUMBER>, email address:
<EMAIL_ADDRESS>Robert McNally, Biopesticides and Pollution
Prevention Division (BPPD) (7511P), telephone number:<PHONE_NUMBER>,
email address<EMAIL_ADDRESS>or Lois Rossi, Registration
Division (RD) (7505P), telephone number:<PHONE_NUMBER>, email address:
<EMAIL_ADDRESS>The mailing address for each contact person is:
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001. As part of the
mailing address, include the contact person's name, division, and mail
code. The division to contact is listed at the end of each pesticide
petition summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Registration Applications

    EPA has received several applications to register pesticide
products containing active ingredients not included in any currently
registered pesticide products. Pursuant to the provisions of FIFRA
section 3(c)(4), EPA is hereby providing notice of receipt and
opportunity to comment on these applications. Notice of receipt of
these applications does not

imply a decision by the Agency on these applications. For actions being
evaluated under the Agency's public participation process for
registration actions, there will be an additional opportunity for a 30-
day public comment period on the proposed decision. Please see the
Agency's public participation Web site for additional information on
this process (http://www.epa.gov/pesticides/regulating/registration-public-involvement.html). EPA received the following applications to
register pesticide products containing an active ingredient not
included in any currently registered products:
    1. EPA File Symbols: 1021-EANA, 1021-EANE, 1021-EANG, 1021-EANL,
1021-EANR, 1021-EANT, 1021-EANU, 10308-GA, and 10308-GL. Docket ID
Number: EPA-HQ-OPP-2013-0478. Applicant: I2L Research USA Inc., 1330
Dillon Heights Ave., Baltimore, MD 21228-1199, on behalf of Sumitomo
Chemical Company, LTD., 27-1, Shinkawa 2-Chome, Chuo-Ku, Tokyo 104-
8260, Japan. Active ingredient: Momfluorothrin. Product type:
Insecticide. Proposed uses: Non-food residential indoor/outdoor uses.
(RD)
    2. EPA File Symbols: 6704-OG and 6704-OU. Docket ID Number: EPA-HQ-
OPP-2013-0538. Applicant: U.S. Fish and Wildlife Service, Arlington
Square Building, MS 725, Washington, DC 20240. Active ingredient: Male
sea lamprey pheromone (3-ketopetromyzonol-24-sulfate). Product type:
Biochemical pheromone. Proposed uses: Mating disruptor for sea lamprey
control. (BPPD)
    3. EPA File Symbol: 71975-G. Docket ID Number: EPA-HQ-OPP-2013-
0570. Applicant: Matthew Brooks, Ph.D. of Ag-Chem Consulting, 12208
Quinque Lane, Clifton, VA 20124 on behalf of Northwest Agricultural
Products, 821 South Chestnut Ave., Pasco, WA 99301. Active ingredient:
Pseudomonas fluorescens strain D7. Product type: Herbicide. Proposed
use: Manufacturing use. (BPPD)
    4. EPA File Symbol: 71975-U. Docket ID Number: EPA-HQ-OPP-2013-
0570. Applicant: Matthew Brooks, Ph.D. of Ag-Chem Consulting, 12208
Quinque Lane, Clifton, VA 20124 on behalf of Northwest Agricultural
Products, 821 South Chestnut Ave., Pasco, WA 99301. Active ingredient:
Pseudomonas fluorescens strain D7. Product type: Herbicide. Proposed
uses: For suppression of downy brome, medusahead, Japanese brome and
jointed goatgrass on cropland, rangeland, turf and non-crop areas.
(BPPD)
    5. EPA File Symbol: 74655-GU. Docket ID Number: EPA-HQ-OPP-2013-
0627. Applicant: Hercules, Inc., a Wholly Owned Subsidiary of Ashland,
Inc., 5500 Blazer Parkway, Dublin, OH 43017. Active ingredient:
Ammonium Carbamate. Product type: Antimicrobial. Proposed uses: Paper
mill process water and re-circulating cooling water systems. (AD)
    6. EPA File Symbol: 84542-O. Docket ID Number: EPA-HQ-OPP-2013-
0433. Applicant: Cupron Technologies, P.O. Box 85073, Richmond, VA
23285. Active ingredient: Cuprous iodide. Product type: Bacteristat,
fungistat. Proposed uses: Indoor non-food use on fibers, carpet, films,
plastics, coatings, laminates, adhesives and sealants. (AD)
    7. EPA File Symbol: 89615-R. Docket ID Number: EPA-HQ-OPP-2013-
0575. Applicant: Amy Plato Roberts of Technology Science Group, Inc.,
712 Fifth St., Suite A, Davis, CA 95616 on behalf of IAB, S.L.
(Investigaciones y Aplicaciones Biotechnologicas S.L.), Avda, Paret del
Patriarca 11-B, Ap. 30, 46113 Moncada (Valencia) Spain. Active
ingredient: Bacillus subtilis strain IAB/BS03. Product type: Fungicide.
Proposed use: Manufacturing use. (BPPD)
    8. EPA File Symbols: 89615-E, 89615-G, 89615-L, and 89615-U. Docket
ID Number: EPA-HQ-OPP-2013-0575. Applicant: Amy Plato Roberts of
Technology Science Group, Inc., 712 Fifth St., Suite A, Davis, CA 95616
on behalf of IAB, S.L. (Investigaciones y Aplicaciones Biotechnologicas
S.L.), Avda, Paret del Patriarca 11-B, Ap. 30, 46113 Moncada (Valencia)
Spain. Active ingredient: Bacillus subtilis strain IAB/BS03. Product
type: Fungicide. Proposed uses: Greenhouse, field use, and home and
garden use on various fruits and vegetables, cotton, hops, tobacco,
fruit and nut trees, turf, and ornamentals. (BPPD)

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: September 30, 2013.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2013-25596 Filed 10-29-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Notices]
[Pages 62572-62576]
[FR Doc No: 2012-25280]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68022; File No. SR-BATS-2012-039]

 Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing of Proposed Rule Change, as Modified by Amendment No.1, To Adopt
Listing Standards Related to Certain Compensation Committee and
Compensation Adviser Requirements

October 9, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 25, 2012, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which filing was amended and replaced in its entirety by
Amendment No. 1 thereto on October 9, 2012, and 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

    The Exchange's proposed rule change would amend BATS Rule 14.10,
entitled ``Corporate Governance Requirements,'' in accordance with the
provisions of Section 952 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act of 2010 (the ``Dodd-Frank Act'') requiring the
listing rules of a national securities exchange to prohibit the listing
of any equity security of an issuer that is not in compliance with
certain compensation committee and compensation adviser requirements,
as well as modifying the numbering of Rule 14.10 in order to
accommodate the proposed amendments and additions.
    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room. The proposed
rule text can be found in Exhibit 5.

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

    In its filing with the Commission, the Exchange 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 these 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
    This Amendment No. 1 to SR-BATS-2012-039 (the ``Filing'') amends
and replaces in its entirety the Filing as originally submitted on
September 25, 2012. Amendment No. 1 further clarifies

certain aspects of proposed Rule 14.10 as originally filed.\3\
---------------------------------------------------------------------------

    \3\ The Commission notes that the filed Amendment No. 1 changed
language in sections (ii), (iii), and (iv) of Rule 14.10(c)(4)(C) to
clarify the responsibilities and obligations of Independent
Directors responsible for determining executive compensation, as
well as their rights and obligations regarding Compensation
Consultants. In addition, the Commission notes that Amendment No. 1
made clarifying descriptive changes in the Purpose section of the
filing regarding: Changes to the rule text; the factors for
determining compensation committee independence; the elimination of
existing exemptions for asset-backed issuers and cooperatives; the
phase-in period for initial public offerings; and the exemption for
Smaller Reporting Companies.
---------------------------------------------------------------------------

    Section 952 of the Dodd-Frank Act added Section 10C to the Act,\4\
which requires the listing rules of each national securities exchange
to prohibit the listing of any equity security of an issuer that is not
in compliance with the compensation committee and compensation adviser
requirements of Rule 10C-1 under the Act (``Rule 10C-1'').\4\
Specifically, Rule 10C-1 requires the Exchange to establish listing
standards that require each member of a listed issuer's compensation
committee to be a member of the board and to be independent, as well as
establish certain factors that an issuer must consider when evaluating
the independence of a director. Rule 10C-1 also requires the Exchange
to establish standards for evaluating the independence of a
compensation consultant, legal counsel, or other adviser
(``Compensation Consultant'') and requires a Company to provide funding
to a compensation committee to retain such Compensation Consultant.
Accordingly, in order to carry out the requirements of Section 952 of
the Dodd-Frank Act, the Exchange proposes to make several amendments to
Rule 14.10.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend Rule 14.10(c)(4)(A) and (B) to
require that, in addition to meeting the criteria listed under Rule
14.10(c)(1)(B), in evaluating the independence of a director acting in
the capacity described in Rule 14.10(c)(4)(B), the board of directors
of a Company \5\ shall consider the following factors: (i) The source
of compensation of the director, including any consulting, advisory or
other compensatory fee paid by the Company to such director; and (ii)
whether the director is affiliated with the Company, a subsidiary of
the Company, or an affiliate of a subsidiary of the Company.
---------------------------------------------------------------------------

    \5\ As defined in BATS Rule 14.1(a)(3).
---------------------------------------------------------------------------

    The Exchange believes that the adoption of proposed Rule
14.10(c)(4)(A), along with the existing bright line tests for director
independence under Rule 14.10(c)(1)(B), would bring the Exchange in
compliance with Rule 10C-1(b)(1), because the Rules would require that
each director that is acting in the capacity described in Rule
14.10(c)(4)(B) be independent based on an evaluation by the board that
include the consideration of the proposed factors in Rule
14.10(c)(4)(A). In determining these independence requirements, the
Exchange considered relevant factors, including, but not limited to:
The source of compensation of a director, including any consulting,
advisory or other compensatory fee paid by the Company to such director
and whether the director of a Company is affiliated with the Company, a
subsidiary of the Company, or an affiliate of a subsidiary of the
Company. Rule 10C-1 permits the Exchange to consider other relevant
factors in determining the independence requirements for compensation
committee members.\6\ After reviewing its current and proposed listing
rules, the Exchange concluded that these rules are sufficient to ensure
the independence of Independent Directors acting in the capacity
described in Rule 14.10(c)(4)(B). The Exchange believes that its
existing ``bright line'' independence standards as set forth in Rule
14.10(c)(1)(B) are sufficiently broad to encompass the types of
relationships which would generally be material to a director's
independence for determining executive officer compensation. Therefore,
the Exchange determined not to propose independence requirements in
addition to those specific considerations required by proposed Rule
14.10(c)(4)(A). After considering the factors provided in Rule 10C-
1(b)(1)(ii) and evaluating how the factors could impact the ability of
a director to act independently in the determination [sic] executive
compensation, the Exchange believes that it can best comply with Rule
10C-1 by adopting in its Rules the factors set forth in Rule 10C-
1(b)(1)(ii). The Exchange believes that this approach will best provide
the board of directors of a Company with the requisite guidance and
discretion to evaluate the independence of each director as it relates
to the determination of executive compensation.
---------------------------------------------------------------------------

    \6\ See 17 CFR 240.10C-1(b)(1)(ii).
---------------------------------------------------------------------------

    The Exchange is also proposing to amend Rule 14.10(c)(4)(B) to add
a title to and adjust the numbering of the Rule. The changes are being
proposed in order to remain consistent with existing rule structure and
to ensure that the rules are well-organized and easily understandable.
    The Exchange is also proposing to delete existing Rule
14.10(c)(4)(C). As currently written, Rule 14.10(c)(4)(C) provides an
exception to the independence standards under Rule 14.10(c)(4)(A) and
(B) where the compensation committee is comprised of at least three
members, permitting one director who is not independent and is not a
current officer or employee or a family member of an officer or
employee to be appointed to the compensation committee if the board
determines that such individual's membership is required by the best
interest of the Company. However, no such exception exists under Rule
10C-1 and, after considering the factors relevant to compensation
committee independence under Rule 10C-1, the Exchange believes that
deletion of the exception under its rules would comply with Rule 10C-1.
    Additionally, the Exchange is proposing to add Rule
14.10(c)(4)(C)(i) to permit the compensation committee of a Company,
acting in its capacity as a committee of the Company's board of
directors and in its sole discretion, to retain or obtain the advice of
a Compensation Consultant. The Company must provide for appropriate
funding, as determined by the compensation committee, for payment of
reasonable compensation to a Compensation Consultant retained by the
compensation committee. The Exchange believes that this proposed Rule
14.10(c)(4)(C)(i) would comply with Rule 10C-1 and, more specifically,
Rule 10C-1(b)(2)(i) in that it would provide the compensation committee
of the Company's board of directors with the authority to retain or
obtain the advice of a Compensation Consultant. Further, proposed Rule
14.10(c)(4)(C)(i) would require the Company to provide appropriate
funding to the compensation committee for such Compensation Consultant,
as required under Rule 10C-1(b)(3).
    The Exchange is also proposing to amend Rule 14.10(c)(4)(C)(ii) to
require Independent Directors of a Company that are acting in the
capacity described in Rule 14.10(c)(4)(B), regardless of whether the
Independent Directors are acting as a committee of the Company's board
of directors, that are selecting a Compensation Consultant to perform
an independence assessment of the Compensation Consultant, as described
below, prior to selecting the Compensation Consultant. An independence
assessment is not required for the receipt of advice from in-house
legal counsel. An independence assessment would include the
consideration of the

following factors: (i) The provision of other services to the Company
by the person that employs the Compensation Consultant; (ii) the amount
of fees received from the Company by the person that employs the
Compensation Consultant, as a percentage of the total revenue of the
person that employs the Compensation Consultant; (iii) the policies and
procedures of the person that employs the Compensation Consultant that
are designed to prevent conflicts of interest; (iv) any business or
personal relationship of the Compensation Consultant with any of the
Independent Directors acting in the capacity described in Rule
14.10(c)(4)(B); (v) any stock of the Company owned by the Compensation
Consultant; and (vi) any business or personal relationship of the
Compensation Consultant, legal counsel, other adviser, or the person
employing the Compensation Consultant with an executive officer of the
Company. As proposed, Rule 14.10(c)(4)(C)(ii) would not include any
specific additional factors for consideration, as the Exchange believes
that the list included in Rule 10C-1(b)(4) is very comprehensive.
    The Exchange believes that proposed Rule 14.10(c)(4)(C)(ii) would
comply with Rule 10C-1 and, more specifically, Rule 10C-1(b)(4) because
the proposed rule would require the Independent Directors of a Company
that are acting in the capacity described in Rule 14.10(c)(4)(B) to
perform an independence assessment of the Compensation Consultant based
on the factors required by Rule 10C-1(b)(4)(i)-(vi) before engaging
such Compensation Consultant. Further, because proposed Rule
14.10(c)(4)(C)(ii) would adopt the standards exactly as provided in
Rule 10C-1(b)(4), the Exchange believes that it would be in compliance
with Rule 10C-1.
    In addition, the Exchange is proposing to amend Rule
14.10(c)(4)(C)(iii) and (iv), also regarding Compensation Consultants.
Specifically, the Exchange is proposing that Independent Directors of a
Company that are acting in the capacity described in Rule
14.10(c)(4)(B): (i) shall be directly responsible for the appointment,
compensation and oversight of the work of any retained Compensation
Consultant; and (ii) shall not be required to implement or act
consistently with the advice or recommendations of the retained
Compensation Consultant, nor be restricted in their ability or
obligation to exercise their own judgment in fulfilling their duties.
The Exchange believes that proposed Rules 14.10(c)(4)(C)(iii) and (iv)
comply with Rule 10C-1 and, more specifically, Rule 10C-1(b)(ii) and
(iii), [sic] in that the proposed rules mirror exactly the requirements
of Rule 10C-1(b)(ii) and (iii) [sic] and, therefore, would bring the
Exchange's listing rules in compliance with Rule 10C-1.
    The Exchange is also proposing to add Rule 14.10(c)(4)(D), which
provides a Company that fails to comply with the composition committee
requirements under Rule 14.10(c)(4)(B) because a director ceases to be
independent for reasons outside the director's reasonable control with
a cure period during which the Company may allow that director to
continue to act in the capacity described in Rule 14.10(c)(4)(B) until
the earlier of its next annual shareholders meeting or one year from
the occurrence of the event that caused the failure to comply with this
requirement. A Company relying on this provision must provide notice to
the Exchange immediately upon learning of the event or circumstances
that caused the noncompliance. The Exchange believes that proposed Rule
14.10(c)(4)(D) would comply with Rule 10C-1(a)(3), which requires the
Exchange to provide for appropriate procedures for a listed issuer to
have a reasonable opportunity to cure any defects that would be the
basis for a prohibition before the imposition of such prohibition. Rule
14.10(c)(4)(D) also describes a cure period that would be compliant
with Rule 10C-1(a)(3), which the Exchange has proposed to adopt. For
these reasons, the Exchange believes that proposed Rule 14.10(c)(4)(D)
would comply with Rule 10C-1(a)(3).
    The Exchange is also proposing to amend Rules 14.10(e)(1)(A) and
(B) in order to eliminate exemptions to Rule 14.10(c)(4) for asset-
backed issuers and other passive issuers (collectively, ``Asset-backed
Issuers'') and cooperatives. The Exchange believes that these changes
comply with Rule 10C-1 because Rule 10C-1 provides exemptions to
independence requirements in certain circumstances as well as general
exemptions in other circumstances, however, Rule 10C-1 does not provide
any exemptions for Asset-backed Issuers or for cooperatives. Rule 10C-1
does provide the Exchange with some discretion to provide exemptions to
the requirements of Rule 10C-1, however, the Exchange declines to
propose exemptions for Asset-backed Issuers or cooperatives at this
time. For these reasons, the Exchange believes that proposed Rules
14.10(e)(1)(A) and (B) comply with the requirements of Rule 10C-1. In
conjunction with this change, the Exchange is also proposing to
eliminate the existing exemptions from the requirements of Rule
14.10(c)(4) for Asset-backed Issuers and cooperatives. The Exchange
recognizes the importance of independence in the process of determining
executive officer compensation. Additionally, under the proposed Rules,
Companies will not be required in all cases to comply, initially and on
a continued basis, with the independence requirements. For example,
Companies listing in connection with their initial public offering will
have a phase-in period before compliance with Rules 14.10(c)(4)(A) and
(B) becomes necessary, and all Companies will be subject to a cure
period should an event occur that causes noncompliance with the Rules.
The Exchange does recognize that certain issuers, including Asset-
backed Issuers and cooperatives, might have governance structures that
make compliance with Rule 14.10(c)(4) difficult or impractical.
However, due to the fact that the Exchange does not have any listed
Asset-backed Issuers or cooperatives, the Exchange is proposing to
remove the current exemption so that it can more fully review, as a
whole, potential exemptions for Asset-backed Issuers and cooperatives.
The Exchange will constantly evaluate the appropriateness of these
exemptions as well as exemptions for all other categories of issuers
and may propose to reinstitute these or other exemptions in the future.
    The Exchange is also proposing to amend Rule 14.10(e)(1)(C) to
require foreign private issuers to comply with the Compensation
Consultants requirement of Rule 14.10(c)(4)(C). The Exchange is
proposing the amendment in order to make clear that, while 10C-
1(b)(iii)(4) [sic] exempts foreign private issuers from the
independence requirements of 10C-1(b)(ii), [sic] which the proposed
Rule 14.10(e)(1)(C) reflects, Rule 10C-1 does not exempt foreign
private issuers from the Compensation Consultant requirements under
Rule 10C-1(b)(4). As such, the Exchange is proposing to amend its Rules
to continue to exempt foreign private issuers from the independence
requirements of Rules 14.10(c)(4)(A) and (B), but to make clear that
foreign private issuers are not exempt from the Compensation Consultant
requirements of Rule 14.10(c)(4)(C). For these reasons, the Exchange
believes that the proposed changes to Rule 14.10(e)(1)(C) comply with
the requirements of Rule 10C-1.
    The Exchange is also proposing to amend Rule 14.10(e)(1)(D)(ix) to
require limited partnerships to comply with the Compensation
Consultants requirement of Rule 14.10(c)(4)(C). The Exchange is
proposing the amendment in order to

make its rules reflect that, while 10C-1(b)(iii)(1) [sic] exempts
limited partnership from the independence requirements of 10C-1(b)(ii),
[sic] which the proposed Rule 14.10(e)(1)(D) reflects, Rule 10C-1 does
not exempt limited partnerships from the Compensation Consultant
requirements under Rule 10C-1(b)(4). As such, the Exchange is proposing
to amend its rules to continue to exempt limited partnerships from the
independence requirements of Rules 14.10(c)(4)(A) and (B), but to make
clear that limited partnerships are not exempt from the Compensation
Consultant requirements of Rule 14.10(c)(4)(C). For these reasons, the
Exchange believes that the proposed changes to Rule 14.10(e)(1)(D)(ix)
comply with the requirements of Rule 10C-1.
    The Exchange is also proposing to amend Rule 14.10(e)(1)(E) to make
clear that not all managed investment companies are exempt from Rules
14.10(c)(4)(A) and (B), but rather, only open-end management investment
companies registered under the Investment Company Act of 1940 are
exempt from the requirements. The Exchange is making this proposal in
order to make its rules reflect that, while Rule 10C-1(b)(iii)(3) [sic]
exempts open-end management investment companies registered under the
Investment Company Act of 1940 from the independence requirements of
Rule 10C-1(b)(ii), [sic] this exemption does not apply to all
management investment companies. In addition, Rule 10C-1 does not
exempt open-end management investment companies from the Compensation
Consultant requirements under Rule 10C-1(b)(4). As such, the Exchange
is proposing to amend its rules to reflect that open-end management
investment companies will not be exempt from the Compensation
Consultant requirements under Rule 14.10(c)(4)(C). Because these
changes have been made to make Rule 14.10(e)(1)(E) reflect the language
of Rule 10C-1, the Exchange believes that the proposed changes comply
with the requirements of Rule 10C-1.
    The Exchange is also proposing to add Rule 14.10(e)(1)(F), which
will provide that Companies in bankruptcy proceedings are exempt from
the independence requirements of Rules 14.10(c)(4)(A) and (B). The
Exchange is making this proposal in order to make its rules reflect
that, while Rule 10C-1(b)(iii)(2) [sic] exempts Companies in bankruptcy
proceedings from the independence requirements of 10C-1(b)(ii), Rule
10C-1 does not exempt Companies in bankruptcy proceedings from the
Compensation Consultant requirements under Rule 10C-1(b)(4). As such,
the Exchange is proposing to amend its rules to exempt Companies in
bankruptcy proceedings from the independence requirements of Rules
14.10(c)(4)(A) and (B), but to make clear that Companies in bankruptcy
proceedings are not exempt from the Compensation Consultant
requirements of Rule 14.10(c)(4)(C). Because these changes have been
made to make Rule 14.10(e)(1)(F) reflect the requirements of Rule 10C-
1, the Exchange believes that the proposed changes comply with the
requirements of Rule 10C-1.
    The Exchange is also proposing to add Rule 14.10(e)(1)(G), which
will provide that smaller reporting companies, as defined in Rule 12b-2
under the Act (``Smaller Reporting Companies''), are exempt from all of
the requirements of Rule 14.10(c)(4). The Exchange is making this
proposal in order to make its rules reflect that Rule 10C-1(b)(5)(ii)
exempts Smaller Reporting Companies from the entirety of Rule 10C-1(b),
including the independence and Compensation Consultant requirements
under Rule 10C-1. As such, the Exchange is proposing to amend its rules
to exempt Smaller Reporting Companies from the independence
requirements of Rules 14.10(c)(4)(A) and (B) as well as the
Compensation Consultant requirements of Rule 14.10(c)(4)(C). Because
these changes have been made to make Rule 14.10(e)(1)(G) reflect the
requirements of Rule 10C-1, the Exchange believes that the proposed
changes comply with the requirements of Rule 10C-1. In addition, this
approach will minimize new costs imposed on Smaller Reporting Companies
and allow them some flexibility not allowed for larger Companies.
    The Exchange also proposes to amend Rule 14.10(e)(2)(A) to allow a
Company listing in connection with its initial public offering to
phase-in the independent committee requirements set forth in Rules
14.10(c)(4)(A) and (B) as follows: (1) One independent member at the
time of listing; (2) a majority of independent members within 90 days
of listing; and (3) all independent members within one year of listing.
The Exchange believes that this amendment complies with Rule 10C-1
because it provides a Company with the opportunity to gradually meet
the requirements of Rules 14.10(c)(4)(A) and (B) after becoming listed
in connection with an initial public offering, rather than forcing a
Company to meet independence requirements prior to its initial public
offering. Since Companies listing in connection with an initial public
offering may not have previously had an independent compensation
committee, the Exchange believes that allowing such Companies to phase
in compliance with the independent compensation committee requirements
will reasonably provide these Companies with a window identical to that
of the Independent Director Oversight of Director Nominations under
Rule 14.10(c)(5) and the independent audit committee requirement
pursuant to Rule 10A-3(b)(1)(iv)(A) under the Act.\7\ As noted above,
proposed Rule 14.10(e)(2)(A) would require that the Company have at
least one independent member at the time of listing, meaning that even
though it is described as a ``phase-in period,'' the Company would
never actually be without at least one independent member.
---------------------------------------------------------------------------

    \7\ See 17 CFR 240.10A-3(b)(1)(iv)(A).
---------------------------------------------------------------------------

    The Exchange also proposes to add Rule 14.10(e)(2)(D) in order to
permit a Company listed on the Exchange prior to the effective date of
this proposal, commencing on June 1, 2013, to phase-in compliance with
the Independent Director Oversight of Executive Officer Compensation
requirements set forth in Rules 14.10(c)(4)(A) and (B) on the same
schedule as Companies listing in conjunction with their initial public
offering.
    The Exchange also proposes to make a clarifying amendment to Rule
14.10(c)(1)(B), which defines an Independent Director, in order to
indicate that there are additional factors involved in the
determination of independence for directors acting in the capacity
described in Rule 14.10(c)(4)(B). Lastly, the Exchange proposes to
modify the numbering of Rule 14.10 in order to accommodate the
amendments and additions proposed above.
2. Statutory Basis
    Approval of the rule change proposed in this submission is
consistent with the requirements of the Act and the rules and
regulations thereunder that are applicable to a national securities
exchange, and, in particular, with the requirements of Section 6(b) of
the Act.\8\ The Exchange believes that proposed Rule 14.10 is
consistent with Section 6(b)(5) of the Act,\9\ because it would promote
just and equitable principles of trade, remove impediments to, and
perfect the mechanism of, a free and open market and a national market
system, and, in general, protect investors and the public interest. The
Exchange is adopting proposed Rule

14.10 to comply with the requirements of Section 952 of the Dodd-Frank
Act, and therefore believes the proposed rule change to be consistent
with the Act, particularly with respect to the protection of investors
and the public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange also believes that the proposal will contribute to
investor protection and the public interest by requiring that only
Independent Directors of an issuer oversee executive officer
compensation matters, consider independence criteria before retaining
compensation advisers, and have ultimate responsibility for the
appointment, compensation, and oversight of these advisers. As
discussed above, after considering the factors provided in Rule 10C-
1(b)(1)(ii) and evaluating how the factors could impact the ability of
a director to act independently in the determination of executive
compensation, the Exchange believes that it can best comply with Rule
10C-1 by adopting in its Rules the factors set forth in Rule 10C-
1(b)(1)(ii). The Exchange believes that this approach will best provide
the board of directors of a Company with the requisite guidance and
discretion to evaluate the independence of each director as it relates
to the determination of executive compensation.

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

    The Exchange does not believe that the proposed rule change imposes
any burden on competition.

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 will: (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-BATS-2012-039 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BATS-2012-039. 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 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-BATS-2012-039, and should be submitted on or before
November 5, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-25280 Filed 10-12-12; 8:45 am]
BILLING CODE 8011-01-P


Placeholder for file "aggregated_50mi_fixed.csv"
This is a placeholder for a file that is too large to upload to FDMS but is available in the docket.
The file contains length miles of reaches within a 50-mile buffer of each census block group centroid.
Data are grouped by stream order, common identifier (COMID) of the National Hydrography Dataset, and census block group.
Serves as input in 01_StreamLengthVariables_WQI.sas.


[Federal Register Volume 88, Number 29 (Monday, February 13, 2023)]
[Notices]
[Pages 9270-9271]
[FR Doc No: 2023-03009]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ23-6-001]

City of Riverside, California; Notice of Filing

    Take notice that on February 3, 2023, the City of Riverside,
California submits tariff filing: City of Riverside 2023 Transmission
Revenue Balancing Account Adjustment and Existing Transmission
Contracts Update Amendment, to be effective January 1, 2023.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to

Health and Human Services, 12225 Wilkins Avenue, Rockville, Maryland
20852.
    Comment Date: 5 p.m. Eastern Time on February 17, 2023.

    Dated: February 7, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-03009 Filed 2-10-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 119 (Thursday, June 22, 2017)]
[Notices]
[Pages 28513-28514]
[FR Doc No: 2017-12990]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2017-0002; Internal Agency Docket No. FEMA-B-1723]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before September 20, 2017.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location and the respective Community Map Repository address listed in
the tables below. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at www.msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1723, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities.

These flood hazard determinations are used to meet the floodplain
management requirements of the NFIP and also are used to calculate the
appropriate flood insurance premium rates for new buildings built after
the FIRM and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at http://floodsrp.org/pdfs/srp_fact_sheet.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location and
the respective Community Map Repository address listed in the tables.
For communities with multiple ongoing Preliminary studies, the studies
can be identified by the unique project number and Preliminary FIRM
date listed in the tables. Additionally, the current effective FIRM and
FIS report for each community are accessible online through the FEMA
Map Service Center at www.msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: May 24, 2017.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.
    I. Non-watershed-based studies:

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
               Jasper County, Iowa and Incorporated Areas
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
          Project: 16-07-0182S Preliminary Date: June 30, 2016
------------------------------------------------------------------------
City of Colfax.........................  City Hall, 19 East Howard
                                          Street, Colfax IA 50054.
City of Kellogg........................  City Clerk's Office, 224 High
                                          Street, Kellogg, IA 50135.
City of Lynnville......................  City Hall, 308 East Street,
                                          Lynnville, IA 50153.
City of Mingo..........................  City Hall, 100 North Station
                                          Street, Mingo, IA 50168.
City of Monroe.........................  City Hall, 206 West Sherman
                                          Street, Monroe, IA 50170.
City of Newton.........................  Public Works Building, 1700
                                          North 4th Avenue West, Newton,
                                          IA 50208.
City of Prairie City...................  City Hall, 203 East Jefferson
                                          Street, Prairie City, IA
                                          50228.
City of Reasnor........................  City Hall, 312 North Street,
                                          Reasnor, IA 50232.
City of Valeria........................  Valeria City Hall, 13922 Center
                                          Street, Colfax, IA 50054.
Unincorporated Areas of Jasper County..  Jasper County Planning and
                                          Zoning Department, 115 North
                                          2nd Avenue East, Newton, IA
                                          50208.
------------------------------------------------------------------------
              Marion County, Kansas and Incorporated Areas
------------------------------------------------------------------------
      Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata preliminaryfloodhazarddata
------------------------------------------------------------------------
         Project: 15-07-2372S Preliminary Date: January 13, 2017
------------------------------------------------------------------------
City of Marion.........................  City Hall, 203 North 3rd
                                          Street, Marion, KS 66861.
Unincorporated Areas of Marion County..  Marion County Planning and
                                          Zoning, 230 East Main Street,
                                          Marion, KS 66861.
------------------------------------------------------------------------

[FR Doc. 2017-12990 Filed 6-21-17; 8:45 am]
 BILLING CODE 9110-12-P