[Federal Register Volume 87, Number 197 (Thursday, October 13, 2022)]
[Notices]
[Pages 62147-62151]
[FR Doc No: 2022-22280]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96006; File No. SR-MIAX-2022-35]

Self-Regulatory Organizations: Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change by Miami International
Securities Exchange LLC To Amend Its Fee Schedule

October 7, 2022.
    Pursuant to the provisions of section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on October 4, 2022, Miami International Securities
Exchange LLC (``MIAX'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') a proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend the MIAX Options Fee
Schedule (the ``Fee Schedule'').
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings, at MIAX's principal
office, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, 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 aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule to (i) amend the
Other Market Participant Transaction Fees table \3\ to amend the fee
applicable to the option component of a stock-option order; and (ii)
modify the Priority Customer Rebate Program (``PCRP'') \4\ as it
pertains to per contract credits for PRIME Agency Orders submitted by
Priority Customers.\5\ The Exchange initially filed this proposal on
September 1, 2022 as SR-MIAX-2022-28. On September 20, 2022, the
Exchange withdrew SR-MIAX-2022-28 and resubmitted the proposal as SR-
MIAX-2022-31. On September 28, 2022, the Exchange withdrew SR-MIAX-
2022-31 and resubmitted the proposal as SR-MIAX-2022-33. On October 4,
2022, the Exchange withdrew SR-MIAX-2022-33 and resubmitted the
proposal as SR-MIAX-2022-35. The proposed changes are immediately
effective.
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    \3\ See Section (1)(a)(ii) of the Exchange's Fee Schedule.
    \4\ Under the PCRP, MIAX Options credits each Member the per
contract amount resulting from each Priority Customer order
transmitted by that Member which is executed electronically on the
Exchange in all multiply-listed option classes (excluding, in simple
or complex as applicable, QCC and cQCC Orders, mini-options,
Priority Customer-to-Priority Customer Orders, C2C and cC2C Orders,
PRIME and cPRIME AOC Responses, PRIME and cPRIME Contra-side Orders,
PRIME and cPRIME Orders for which both the Agency and Contra-side
Order are Priority Customers, and executions related to contracts
that are routed to one or more exchanges in connection with the
Options Order Protection and Locked/Crossed Market Plan referenced
in Exchange Rule 1400), provided the Member meets certain percentage
thresholds in a month as described in the Priority Customer Rebate
Program table. See Fee Schedule, Section (1)(a)(iii).
    \5\ The term ``Priority Customer'' means a person or entity that
(i) is not a broker or dealer in securities, and (ii) does not place
more than 390 orders in listed options per day on average during a
calendar month for its own beneficial account(s). See Exchange Rule
100.
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Background
Stock-Option Orders
    A ``complex order'' is any order involving the concurrent purchase
and/or sale of two or more different options in the same underlying
security (the ``legs'' or ``components'' of the complex order), for the
same account, in a ratio that is equal to or greater than one-to-three
(.333) and less than or equal to three-to-one (3.00) and for the
purposes

of executing a particular investment strategy. Mini-options may only be
part of a complex order that includes other mini-options. Only those
complex orders in the classes designated by the Exchange and
communicated to Members via Regulatory Circular with no more than the
applicable number of legs, as determined by the Exchange on a class-by-
class basis and communicated to Members via Regulatory Circular, are
eligible for processing.
    A complex order can also be a ``stock-option order'' as described
further, and subject to the limitations set forth, in Interpretations
and Policies .01 of Exchange Rule 518. A stock-option order is an order
to buy or sell a stated number of units of an underlying security
(stock or Exchange Traded Fund Share (``ETF'')) or a security
convertible into the underlying stock (``convertible security'')
coupled with the purchase or sale of options contract(s) on the
opposite side of the market representing either (i) the same number of
units of the underlying security or convertible security, or (ii) the
number of units of the underlying stock necessary to create a delta
neutral position, but in no case in a ratio greater than eight-to-one
(8.00), where the ratio represents the total number of units of the
underlying security or convertible security in the option leg to the
total number of units of the underlying security or convertible
security in the stock leg. Only those stock-option orders in the
classes designated by the Exchange and communicated to Members via
Regulatory Circular with no more than the applicable number of legs as
determined by the Exchange on a class-by-class basis and communicated
to Members via Regulatory Circular, are eligible for processing.\6\
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    \6\ See Exchange Rule 518(a)(5).
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    Currently, under the Other Market Participant Transaction Fees
table, the Exchange charges Public Customers that are not Priority
Customers a fee of $0.47 per contract for executions of simple and
complex orders in Penny Classes and $0.75 per contract for executions
of simple and complex orders in Non-Penny Classes, and assesses a $0.12
per contract surcharge for trading against a Priority Customer complex
order in Penny and Non-Penny Classes.
    The Exchange now proposes to adopt new note ``!!'' which will be
applicable to the option component of a stock-option order and which
will provide that, any Member whose Affiliate qualifies for Priority
Customer Rebate Program volume tier 4 in the relevant month will be
assessed a total of $0.10 per contract on the option component of a
stock-option order for executions in Penny or Non-Penny Classes, and
the per contract surcharge for trading against a Priority Customer
complex order will not apply.\7\ Therefore, a qualifying Member will be
charged $0.10 per contract for executions in Penny or Non-Penny
Classes, and the $0.12 per contract surcharge for trading against a
Priority Customer Order in Penny or Non-Penny Classes will not be
assessed.
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    \7\ The Exchange charges a stock-handling fee of $0.0010 per
share (capped at $50 per order, per day) for the stock leg of stock-
option orders (including stock-option eQuotes) executed against
other stock-option orders in the complex order book, which the
Exchange must route to an outside venue. In addition, the Exchange
will pass through to the Member any fees assess by the routing
broker-dealer utilized by the Exchange with respect to the execution
of the stock leg of any such order (with such fees to be passed
through at cost). The Exchange notes that this fee is not changing
under this proposal. See the Exchange's Fee Schedule, Section
(1)(a)(x) on its public website (available at https://www.miaxoptions.com/fees).
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PRIME Agency Orders
    PRIME is a process by which a Member may electronically submit for
execution (``Auction'') an order it represents as agent (``Agency
Order'') against principal interest, and/or an Agency Order against
solicited interest.\8\ The Member that submits the Agency Order
(``Initiating Member'') agrees to guarantee the execution of the Agency
Order by submitting a contra-side order representing principal interest
or solicited interest.\9\ Currently, the Exchange provides a per
contract credit for PRIME Agency Orders of $0.10 for Priority Customer
Agency Orders in Tier 1, and a per contract credit of $0.11 for
Priority Customer Agency Orders in Tiers 2 through 4.\10\
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    \8\ See Exchange Rule 515A(a).
    \9\ See Exchange Rule 51A(a)(ii).
    \10\ See the Exchange's Fee Schedule, Section (1)(a)(iii), on
its public website (available at https://www.miaxoptions.com/fees).
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Proposal
    The Exchange proposes to adopt a new table under the PCRP for PRIME
Agency Orders for Priority Customers Origins that will provide an
adjustment to the credit provided for PRIME Agency Orders to Priority
Customers in a tiered structure dependent upon the break-up percentage
of the order. The Exchange proposes to adopt new note ``!!!'' to state
that, for Priority Customer PRIME Agency Orders the Exchange will apply
the per contract adjustment to the PRIME Agency rebate provided under
the Priority Customer Rebate Program dependent upon the order break-up
percentage as described in the table above, (the Per Contract
Adjustment for PRIME Agency Order table).
    The proposed Per Contract Adjustment for PRIME Agency Order table
will provide that if the PRIME Agency Order has a break-up percentage
of 0-20% the per contract credit provided for PRIME Agency Orders will
be reduced by $0.02. If the PRIME Agency Order has a break-up
percentage greater than 20% and up to 40% the per contract credit
provided for PRIME Agency Orders will be reduced by $0.01. If the PRIME
Agency Order has a break-up percentage greater than 40% and up to 60%
no adjustment will be applied to the per contract credit provided for
PRIME Agency Orders. If the PRIME Agency Order has a break-up
percentage greater than 60% and up to 80% the per contract credit
provided for PRIME Agency Orders will be increased by $0.01. If the
PRIME Agency Order has a break-up percentage greater than 80% and up to
100% the per contract credit provided for PRIME Agency Orders will be
increased by $0.02. Current break-up and other credits remain unchanged
and will continue to apply.
    The Exchange currently provides a PRIME Break-up credit of $0.25
per contract in Penny Classes and $0.60 per contract in Non-Penny
Classes. Additionally, the Exchange provides an enhanced PRIME break-up
credit of $0.69 per contract to the EEM that submitted a PRIME Order in
a Non-Penny Class that trades with PRIME AOC Responses and/or PRIME
participating quotes or orders, if the PRIME Order experiences a break-
up of greater than 40%, which is not changing under this proposal.\11\
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    \11\ See the Exchange's Fee schedule, footnote ``*'' of Section
(1)(a)(v), on its public website (available at https://www.miaxoptions.com/fees).
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    The following examples are provided to illustrate how the base
agency (unchanged under this proposal), proposed adjustment, and break-
up credits (unchanged under this proposal), will apply. For example, as
proposed if an Electronic Exchange Member (``EEM'') \12\ in Tier 1
submits a Priority Customer PRIME Agency Order in a Penny Class that
trades 100% with the contra side order, the EEM will receive the Agency
Rebate of $0.10 with the appropriate $0.02 adjustment applied ($0.02
credit reduction) for a net credit of $0.08. If an EEM in Tier 1
submits a Priority Customer PRIME Agency Order in a Penny Class that is
100% broken

up, the EEM will receive the Agency Rebate of $0.10 with the
appropriate $0.02 adjustment applied ($0.02 additional credit) for a
net credit of $0.12, in addition to a break-up credit of $0.25 (which
is not changing under this proposal) \13\ for a total credit of $0.37.
Similarly if the order had been 70% broken up, the EEM would receive
the Agency Rebate of $0.10 with the appropriate $0.01 adjustment
applied ($0.01 additional credit) for a net credit of $0.11, in
addition to a break-up credit of $0.25 for a total credit of $0.36. If
the order had been 30% broken up, the EEM would receive the Agency
Rebate of $0.10 with the appropriate $0.01 adjustment applied ($0.01
credit reduction) for a net credit of $0.09, in addition to a break-up
credit of $0.25 for a total credit of $0.34. The break-up credit and
its application remains unchanged under the Exchange's proposal.
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    \12\ The term ``Electronic Exchange Member'' or ``EEM'' means
the holder of Trading Permit who is not a Market Maker. Electronic
Exchange Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
    \13\ See the Exchange's Fee Schedule, Section (1)(a)(v), on its
public website (available at https://www.miaxoptions.com/fees).
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    The Exchange is making the proposed change for business and
competitive reasons, as the Exchange believes that adjusting its
rebates will allow the Exchange to remain competitive and will continue
to incentivize EEMs to submit Priority Customer PRIME Agency Orders to
the Exchange.
b. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \14\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \15\ in
particular, in that it is an equitable allocation of reasonable dues,
fees, and other charges among its members and issuers and other persons
using its facilities. The Exchange also believes the proposal furthers
the objectives of Section 6(b)(5) of the Act \16\ in that it is
designed to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general, to protect investors and the
public interest and is not designed to permit unfair discrimination
between customers, issuers, brokers and dealers.
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    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(4).
    \16\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes its proposal provides for the equitable
allocation of reasonable dues and fees and is not unfairly
discriminatory for the following reasons. The Exchange operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive or incentives to be insufficient. More
specifically, the Exchange is one of 16 registered options exchanges
competing for order flow. Based on publicly-available information, and
excluding index-based options, no single exchange has more than
approximately 12% of the market share of executed volume of multiply-
listed equity and exchange-traded fund (``ETF'') options trades as of
August 29, 2022, for the month of August 2022.\17\ Therefore, no
exchange possesses significant pricing power in the execution of
multiply-listed equity and ETF options order flow. More specifically,
as of August 29, 2022, the Exchange has a total market share of 5.67%
of all equity options volume, for the month of August 2022.\18\
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    \17\ See MIAX's ``The market at a glance/MTD AVERAGE'',
available at https://www.miaxoptions.com/ (last visited August 29,
2022).
    \18\ See id.
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    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
shift order flow, or discontinue use of certain categories of products,
in response to fee changes. For example, on March 1, 2019, the Exchange
filed with the Commission an immediately effective filing to decrease
certain credits assessable to Members pursuant to the PCRP.\19\ The
Exchange experienced a decrease in total market share between the
months of February and March of 2019. Accordingly, the Exchange
believes that the March 1, 2019, fee change may have contributed to the
decrease in the Exchange's market share and, as such, the Exchange
believes competitive forces constrain options exchange transaction and
non-transaction fees.
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    \19\ See Securities Exchange Act Release No. 85301 (March 13,
2019), 84 FR 10166 (March 19, 2019) (SR-MIAX-2019-09).
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    Accordingly, competitive forces constrain the Exchange's
transaction fees, and market participants can readily trade on
competing venues if they deem pricing levels at those other venues to
be more favorable. In response to the competitive environment, the
Exchange offers specific rates and credits in its fees schedule, like
those of other options exchanges' fees schedules, which the Exchange
believes provides incentives to Members to increase order flow of
certain qualifying orders.
    The Exchange believes that its proposal to modify the Other Market
Participant Transaction Fees table to provide for a total per contract
fee of $0.10 on the option component of a stock-option order for
qualifying participants is consistent with Section 6(b)(4) of the Act
\20\ because it is equitable and not unfairly discriminatory as the fee
is assessed uniformly to all Public Customers that are not Priority
Customers that have an Affiliate in Tier 4 of the PCRP for the relevant
month, that execute stock-option orders on the Exchange.
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    \20\ 15 U.S.C. 78f(b)(4).
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    The Exchange also believes that this proposal is consistent with
Section 6(b)(5) of the Act \21\ because it perfects the mechanisms of a
free and open market and a national market system and protects
investors and the public interest because it provides an additional
incentive for Members to increase Priority Customer order flow to the
Exchange in order to obtain the highest volume threshold, which
benefits all market participants by providing more trading
opportunities and tighter spreads. Additionally, the proposed discount
encourages Members to submit Priority Customer Orders to the Exchange
which will continue to result in increased volume which benefits all
Exchange participants by providing more trading opportunities.
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    \21\ 15 U.S.C. 78f(b)(1) and (b)(5).
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    The Exchange believes that its proposal to adopt a tiered
adjustment table for per contract credits applied to PRIME Agency
Orders based upon break-up percentage is consistent with Section
6(b)(4) of the Act \22\ in that the proposal is reasonable, equitable
and not unfairly discriminatory as it applies uniformly to all
similarly situated Members.
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    \22\ Id.
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    The Exchange believes that the proposed incentive structure is
fair, equitable and not unreasonably discriminatory. The PCRP is
reasonably designed because it will continue to provide an incentive to
providers of Priority Customer order flow to send that Priority
Customer order flow to the Exchange to receive a credit in a manner
that enables the Exchange to improve its overall competitiveness and
strengthen its market quality for all participants.
    The Exchange believes that its proposed Per Contract Adjustment for
PRIME Agency Order table will continue to incentivize EEMs to submit
Priority Customer PRIME Agency Orders to the Exchange, and that the
reduction of the rebate when the break-up percentage is less than 40%,
is not so significant that it will disincentivize EEMs from submitting
Priority Customer PRIME Agency Orders to the Exchange. The Exchange
believes that adjusting its rebates and providing an

additional credit of $0.01 (when the order break-up percentage is
greater than 60%) and an additional credit of $0.02 (when the order
break-up percentage is greater than 80%) will both incentivize EEMs to
submit Priority Customer PRIME Agency Orders to the Exchange and will
also contribute to more robust PRIME Auctions and potentially lead to
greater liquidity and price improvement for orders submitted to the
Exchange's PRIME. The decision to implement the Per Contract Adjustment
for PRIME Agency Order table is based on an analysis of current revenue
and volume levels and is designed to encourage Priority Customer order
flow to PRIME Auctions.
    In addition, The Exchange believes that its proposal is consistent
with Section 6(b)(5) of the Act \23\ because it perfects the mechanisms
of a free and open market and a national market system and protects
investors and the public interest because Priority Customer order flow
will bring greater volume and liquidity to the Exchange, which benefits
all market participants by providing more trading opportunities and
tighter spreads. To the extent Priority Customer order flow is
increased by this proposal, market participants will increasingly
compete for the opportunity to trade on the Exchange including sending
more orders and provided narrower and larger-sized quotations in the
effort to trade with such Priority Customer order flow.
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    \23\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that the proposed Per Contract Adjustment for
PRIME Agency Order table that provides a tiered incentive structure for
Priority Customer PRIME Agency Orders based upon order break-up
percentage is equitable and not unfairly discriminatory because the
proposed incentive table will apply equally to all similarly situated
EEMs that submit Priority Customer PRIME Agency Orders to the Exchange.
    The Exchange believes that providing an adjustment to the rebate
provided to EEMs that submit Priority Customer PRIME Agency Orders that
are broken-up by a certain percentage is equitable and not unfairly
discriminatory because the proposed Per Contract Adjustment for PRIME
Agency Order table will apply equally to all Priority Customer PRIME
Agency Orders. The Exchange does not believe the reduction of the
rebate will serve to disincentivize EEMs from submitting Priority
Customer PRIME Agency Orders to the Exchange, and believes that the
enhanced rebate may further incentivize EEMs to submit Priority
Customer PRIME Agency Orders to the Exchange. Further, the Exchange
believes that the application of the Per Contract Adjustment for PRIME
Agency Order table is equitable and not unfairly discriminatory because
Priority Customer order flow enhances liquidity on the Exchange, in
turn providing more trading opportunities and attracting other market
participants, thus improving liquidity and facilitating tighter
spreads, to the benefit of all market participants.
    The Commission has repeatedly expressed its preference for
competition over regulatory intervention in determining prices,
products, and services in the securities markets. In Regulation NMS,
the Commission highlighted the importance of market forces in
determining prices and self-regulatory organization (``SRO'') revenues
and, also, recognized that current regulation of the market system
``has been remarkably successful in promoting market competition in its
broader forms that are most important to investors and listed
companies.'' \24\
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    \24\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005).
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    The Exchange believes that the ever-shifting market shares among
the exchanges from month to month demonstrates that market participants
can shift order flow or discontinue or reduce use of certain categories
of products, in response to transaction and non-transaction fee
changes. Accordingly, competitive forces constrain the Exchange's
transaction fees and rebates, and market participants can readily trade
on competing venues if they deem pricing levels at those other venues
to be more favorable. The Exchange believes the proposal reflects a
reasonable and competitive pricing structure which will continue to
incentivize market participants to direct liquidity adding orders to
the Exchange, which the Exchange believes would enhance liquidity and
market quality on the exchange to the benefit of all Members.
    For the reasons discussed above, the Exchange submits that the
proposal satisfies the requirements of Sections 6(b)(4) and 6(b)(5) of
the Act \25\ in that it provides for the equitable allocation of
reasonable dues, fees and other charges among its Members and other
persons using its facilities and is not designed to unfairly
discriminate between customers, issuers, brokers, or dealers.
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    \25\ 15 U.S.C. 78f(b)(4) and (5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
that the proposed change in connection with stock-option orders or
Priority Customer PRIME Agency Orders will impose any burden on
intramarket competition that is not necessary or appropriate in
furtherance of the purposes of the Act because the changes apply
uniformly to all similarly situated Members in a uniform manner.
    The Exchange believes that its proposal to modify the Other Market
Participant Transaction Fees table to provide for a total per contract
fee of $0.10 on the option component of a stock-option order for
qualifying participants provides an additional incentive for Members to
increase Priority Customer order flow to the Exchange in order to
obtain the highest volume threshold, which benefits all market
participants by providing more trading opportunities and tighter
spreads. Additionally, the proposed discount encourages Members to
submit Priority Customer Orders to the Exchange which will continue to
result in increased volume on the Exchange which benefits all Exchange
participants by providing more trading opportunities.
    The Exchange believes that its proposal to adopt a tiered
adjustment table for per contract credits applied to PRIME Agency
Orders based upon break-up percentage will not impose a burden on
competition as it applies uniformly to all similarly situated Members.
Similarly, the Exchange believes the proposed Per Contract Adjustment
for PRIME Agency Order table should continue to incentivize EEMs to
submit Priority Customer PRIME Agency Orders to the Exchange, and that
the reduction of the rebate when the break-up percentage is less than
40%, is not so significant that it will disincentivize EEMs from
submitting Priority Customer PRIME Agency Orders to the Exchange.
    These proposed changes should enable the Exchange to continue to
attract liquidity to the Exchange and compete for order flow with other
exchanges. However, this competition does not create an undue burden on
competition but rather offers all market participants the opportunity
to receive the benefit of competitive pricing. The proposed changes are
intended to keep the Exchange's fees and rebates highly

competitive with those of other exchanges, and to encourage liquidity
on the Exchange. The Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive. In such an environment, the Exchange must continually adjust
its rebates and fees to remain competitive with other exchanges and to
attract order flow. The Exchange believes that the proposed rule
changes reflect this competitive environment because the proposal
modifies the Exchange's fees and rebates in a manner that encourages
market participants to continue to provide liquidity and to send order
flow to the Exchange.
    Moreover, the Commission has repeatedly expressed its preference
for competition over regulatory intervention in determining prices,
products, and services in the securities markets. Specifically, in
Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognized
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' \26\ The fact
that this market is competitive has also long been recognized by the
courts. In NetCoalition v. Securities and Exchange Commission, the D.C.
Circuit stated as follows: ``[n]o one disputes that competition for
order flow is `fierce.' . . . As the SEC explained, `[i]n the U.S.
national market system, buyers and sellers of securities, and the
broker-dealers that act as their order-routing agents, have a wide
range of choices of where to route orders for execution'; [and] `no
exchange can afford to take its market share percentages for granted'
because `no exchange possesses a monopoly, regulatory or otherwise, in
the execution of order flow from broker dealers'. . . .''.\27\
Accordingly, the Exchange does not believe its proposed fee change
imposes any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.
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    \26\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 47396, 37499 (June 29, 2005).
    \27\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act,\28\ and Rule 19b-4(f)(2) \29\ thereunder.
At any time within 60 days of the filing of the proposed rule change,
the Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
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    \28\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \29\ 17 CFR 240.19b-4(f)(2).
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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 protected]. Please include
File SR-MIAX-2022-35 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-MIAX-2022-35. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
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    \30\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\30\
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. 2022-22280 Filed 10-12-22; 8:45 am]
BILLING CODE 8011-01-P


                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            WASHINGTON, D.C.  20460
                                                                      OFFICE OF
                                                            CHEMICAL SAFETY AND
\* MERGEFORMAT
                                                           POLLUTION PREVENTION

MEMORANDUM

Date:  		03/11/2013

SUBJECT:	Halosulfuron-methyl. Acute and Chronic Aggregate Dietary (Food and Drinking Water) Exposure and Risk Assessments for the Section 3 Registration Action on Artichoke and Caneberry Subgroup 13-07A.

PC Code:  128721
DP Barcode:  D405660
Decision No.:  465913
Registration Nos.:  81880-18 and 81880-2
Petition No.:  2E8050
Regulatory Action:  Section 3 Registration
Risk Assessment Type:  Dietary
Case No.:  NA
TXR No.:  NA
CAS No.:  100784-20-1
MRID No.:  NA
40 CFR:  §180.479

FROM:	Meheret Negussie, Chemist
	Risk Assessment Branch III
            	Health Effects Division (7509P)

THROUGH:	Donna Davis, Chemist
		Ideliz Negron-Encarnacion Ph.D., Chemist
            Dietary Exposure Science Advisory Council (DESAC)
            Health Effects Division (HED; 7509P)

TO:		Christine Olinger, Branch Chief
      Sheila Healy, Ph.D., Toxicologist/Risk Assessor
		HED/RAB3 (7509P)
				and
      Barbara Madden/Sydney Jackson (RM Team 03)
		Risk Integration Minor Use, and Emergency Response Branch
		Registration Division (7505P)

Executive Summary

Acute and chronic aggregate dietary (food and drinking water) exposure and risk assessments were conducted using the Dietary Exposure Evaluation Model software with the Food Commodity Intake Database (DEEM-FCID) Version 3.16.  This software uses 2003-2008 food consumption data from the U.S. Department of Agriculture's (USDA's) National Health and Nutrition Examination Survey, What We Eat in America, (NHANES/WWEIA).  The analyses were conducted to support a human health risk assessment for the proposed Section 3 requests on artichoke and caneberry Subgroup 13-07A.  This memorandum was reviewed by two peer reviewers of the DESAC, per DESAC SOP 2012.1.

Acute and Chronic Dietary (Food and Drinking Water) Exposure Results and Characterization

Acute and chronic dietary (food and drinking water) exposure assessments were conducted for the current uses, and proposed new uses on artichoke and caneberry Subgroup 13-07A.  The assumptions of the dietary assessments included tolerance-level residues for all commodities and 100 % crop treated (CT) for all crops.  DEEM version 7.81 default processing factors were assumed except for where tolerances were established for processed commodities or when processing studies showed no concentration.  Modeled estimated drinking water concentrations were included in the assessment

There was no indication of an adverse effect attributable to a single dose for the general U.S. population.  However, an acute reference dose (aRfD) was established for females 13-49 years old, and an acute dietary exposure assessment was only conducted for females 13-49 years old.
The acute dietary exposure estimate at the 95[th] percentile is <1% of the acute population adjusted dose (aPAD) for females 13-49 years old.

The chronic dietary (food and drinking water) exposure to halosulfuron-methyl is below HED's level of concern (<100% of the chronic population adjusted dose (cPAD)) for the general U.S. population and all population subgroups.  The chronic dietary exposure estimates are 2.0% of the cPAD for the general U.S. population and 5.5% of the cPAD for children 1-2 year old, the most highly exposed population subgroup.

Cancer Dietary (Food and Drinking Water) Exposure Results and Characterization

Halosulfuron-methyl is classified as "not likely to be a human carcinogen;" therefore, quantification of human cancer risk is not required.

I.	Introduction

Dietary risk assessment incorporates both exposure and toxicity of a given pesticide.  For acute and chronic assessments, the risk is expressed as a percentage of a maximum acceptable dose (i.e., the dose which HED has concluded will result in no unreasonable adverse health effects).  This dose is referred to as the population adjusted dose (PAD).  The PAD is equivalent to the

point of departure (POD, NOAEL, LOAEL, e.g.) divided by the required uncertainty or safety factors.

For acute and non-cancer chronic exposures, HED is concerned when estimated dietary risk exceeds 100% of the PAD.  HED is generally concerned when estimated cancer risk exceeds one in one million.  References which discuss the acute and chronic risk assessments in more detail are available on the EPA/pesticides web site:  "Available Information on Assessing Exposure from Pesticides, A User's Guide," 21-JUN-2000, web link:  http://www.epa.gov/fedrgstr/EPA-PEST/2000/July/Day-12/6061.pdf ; or see SOP 99.6 (20-AUG-1999).

The most recent dietary risk assessment for halosulfuron-methyl was conducted by Cassi Walls (D396459, 07/12/2012).

II.	Residue Information

The Interregional Research Project No. 4 (IR-4) has proposed new uses of halosulfuron-methyl on artichoke and caneberry Subgroup 13-07A.  Permanent tolerances are established under §180.479(a)(1) for residues of halosulfuron-methyl and its metabolites determined as 3-chloro-1-methyl-5-sulfamoylpyrazole-4-carboxylic acid, expressed as halosulfuron-methyl equivalents, at levels ranging from 0.05 ppm (milk, fat and meat) to 1.0 ppm (meat byproducts ) of cattle, goat, hog, horse, and sheep at 0.1 ppm.  Tolerances are established under §180.479(a)(2) for residues of halosulfuron-methyl in/on a variety of field, fruit, and vegetable crop commodities at levels ranging from 0.05 to 2.0 ppm.

The Metabolism Committee has concluded that the residue of concern for tolerance enforcement and risk assessment in target plants and rotational plants is halosulfuron-methyl (G. J. Herndon, No DP#s, 9/16/1993 and 5/21/1996).

HED previously has concluded that the residue of concern in ruminants is halosulfuron-methyl. However, because the approved enforcement method for livestock commodities quantifies the parent compound and metabolites containing the 3-CSA moiety by converting residues to 3-CSA, tolerances for residues of parent and its metabolites in livestock commodities are determined as 3-CSA, expressed in halosulfuron-methyl equivalents.

The residue of concern in water is halosulfuron-methyl.

Residue Data used for Acute and Chronic Assessments:

These acute and chronic assessments are unrefined assessments using tolerance-level residues and 100% CT for all commodities.  Additionally, DEEM version 7.81 default processing factors were assumed except for where tolerances were established for processed commodities or when processing studies showed no concentration.  Based on processing studies, the processing factors for tomato paste, tomato puree, potato flour and potato granules/flakes were reduced to 1.

Table 1 is a summary of the HED recommended food tolerances resulting from the proposed uses (D405659, L. Cheng, 11/26/2012).

Table 1.    Tolerance Summary for the New Uses for Halosulfuron-Methyl.
Commodity
                            Recommended Tolerances
                                 Used in the
                          Acute and Chronic Analyses
                                     (ppm)
Artichoke
                                     0.05
Caneberry Subgroup 13-07A
                                     0.05

   Drinking Water Data (We didn't receive the water memo, but EFED communicated (email) that there is no change.

The drinking water residues used in the acute dietary risk assessment were provided by EFED in the following memorandum: "Halosulfuron methyl Drinking Water Assessment for Additional Food/Feed Uses on Proso Millet, Pasture and Rangeland Grass Forage, Fodder and Hay (Crop Group 17)" (D394244, J. Meléndez, 5/15/2012) and incorporated directly into this dietary assessment.  Water residues were incorporated in the DEEM-FCID into the food categories "water, direct, all sources" and "water, indirect, all sources."  Since the application rates associated with the proposed new uses did not exceed the application rate on rice (0.125 lb ai/A), a new acute drinking water assessment was not required for the acute dietary assessment (personal communication via email from Jose Melendez to Meheret Neghussie, date).

Monitoring data is not available for halosulfuron-methyl; therefore estimated drinking water concentrations (EDWCs) were derived from models.

Acute Tier I EDWCs for halosulfuron-methyl were based on a maximum annual application rate of 0.125 lb ai/A for rice.  The two screening models, FIRST and Screening Concentrations in Ground Water (SCI-GROW), were used for estimating EDWCs of halosulfuron-methyl.  Estimates for halosulfuron-methyl in surface water based on the FIRST model for rice are 59.2 ppb for acute and chronic concentrations.  This value was used for the acute dietary assessment only.   HED notes that this drinking water value is considered to be highly conservative and reflects a calculated concentration of residue in a shallow farm pond based on the maximum application rate on the label.  HED considers this value appropriate as a screening level assessment for potential acute exposure and since the calculated concentration does not pose a risk of concern, further refinement is not required.

The estimate for halosulfuron-methyl in groundwater based on the SCI-GROW model result is 0.065 ppb.  Table 2 summarizes the results.

Table 2.  Summary of Estimated Surface Water and Groundwater Concentrations for Halosulfuron-methyl.

                          Surface Water Conc., ppb a
                           Groundwater Conc., ppb b
Acute
                                     59.2
                                     0.065
Chronic (non-cancer)
                                     59.2
                                     0.065
[a] From the FIRST model.
[b] From the SCI-GROW model.

Halosulfuron-methyl, like most other sulfonylurea herbicides, is extremely mobile with a median Koc of 104 g/mL and Kf (Freundlich partition) values ranging from 0.32 to 3.6 in four test soils.  Its persistence in soil and water appears to be highly variable.  Halosulfuron-methyl has the potential to leach to groundwater, and also presents concerns for transport to surface water by runoff.

IV.	DEEM-FCID(TM) Program and Consumption Information

Halosulfuron-methyl acute and chronic dietary exposure assessments were conducted using the DEEM-FCID, Version 3.16, which incorporates 2003-2008 consumption data from USDA's NHANES/WWEIA.  The data are based on the reported consumption of more than 20,000 individuals over two non-consecutive survey days.  Foods "as consumed" (e.g., apple pie) are linked to EPA-defined food commodities (e.g., apples, peeled fruit - cooked; fresh or N/S; baked; or wheat flour - cooked; fresh or N/S, baked) using publicly available recipe translation files developed jointly by USDA/ARS and EPA.  For chronic exposure assessment, consumption data are averaged for the entire U.S. population and within population subgroups.  However, for acute exposure assessment, consumption data are retained as individual consumption events.  Based on analysis of the 2003-2008 WWEIA consumption data, which took into account dietary patterns and survey respondents, HED concluded that it is most appropriate to report risk

for the following population subgroups: the general U.S. population, all infants (<1 year old), children 1-2, children 3-5, children 6-12, youth 13-19, adults 20-49, females 13-49, and adults 50-99 years old.

For chronic dietary exposure assessment, an estimate of the residue level in each food or food-form (e.g., orange or orange juice) on the food commodity residue list is multiplied by the average daily consumption estimate for that food/food form to produce a residue intake estimate.  The resulting residue intake estimate for each food/food form is summed with the residue intake estimates for all other food/food forms on the commodity residue list to arrive at the total average estimated exposure.  Exposure is expressed in mg/kg body weight/day and as a percent of the cPAD.  This procedure is performed for each population subgroup.

V.  Toxicological Information

The risk assessment team confirmed endpoints that were previously selected and confirmed the reduction to 1X of the FQPA Safety Factor for all population subgroups (D358031, W. Phang, 06/30/2009).

Toxicological endpoints for use in dietary exposure risk assessments are summarized in Table 3 below.

Table 3.  Summary of Toxicological Doses and Endpoints for Halosulfuron-methyl for Use in Dietary Exposure Risk Assessments.
Exposure/
Scenario
Point of Departure
Uncertainty/FQPA Safety Factors
RfD, PAD, Level of Concern
Study and Toxicological Effects
Acute Dietary
(Females 13-49 years of age)
NOAEL= 50 mg/kg/day
UFA= 10x
UFH= 10x
FQPA SF= 1x
Acute RfD = 0.5 mg/kg/day

aPAD =0.5 mg/kg/day
Developmental Toxicity - Rabbit
LOAEL = 150 mg/kg/day based on decreased mean litter size, increased number of resorptions (total and per dam) and increased postimplantation loss. (developmental toxicity)
Acute Dietary (General Population, including Infants and Children)
N/A
N/A
N/A
No effect seen in the database that is likely the result of a single exposure; therefore, no dose/endpoint selected.

Chronic Dietary (All Populations)
NOAEL= 10 mg/kg/day
UFA= 10x
UFH= 10x
FQPA SF= 1x
Chronic RfD = 0.1
mg/kg/day

cPAD = 0.1 mg/kg/day
Chronic Toxicity - Dog
LOAEL = 40 mg/kg/day based on decreased body weight gains in females.
Cancer (oral, dermal, inhalation)
Classification: "not likely to be carcinogenic to humans" by the oral route, based on no evidence of carcinogenicity from studies in rats and mice.
Point of Departure (POD) = A data point or an estimated point that is derived from observed dose-response data and used to mark the beginning of extrapolation to determine risk associated with lower environmentally relevant human exposures.  NOAEL = no observed adverse effect level.  LOAEL = lowest observed adverse effect level.  UF = uncertainty factor.  UFA = extrapolation from animal to human (interspecies).  UFH = potential variation in sensitivity among members of the human population (intraspecies).  FQPA SF = FQPA Safety Factor.  PAD = population adjusted dose (a = acute, c = chronic).  RfD = reference dose.  N/A = not applicable.

VI.	Results/Discussion

As stated above, for acute and chronic dietary assessments, HED is concerned when dietary risk exceeds 100% of the PAD.  The DEEM-FCID analyses estimate the dietary exposure of the U.S. population and various population subgroups.  The results reported in Table 3 are for the general U.S. Population, all infants (<1 year old), children 1-2, children 3-5, children 6-12, youth 13-19, females 13-49, adults 20-49, and adults 50+ years.

Results of Acute Dietary (Food and Drinking Water) Exposure Analysis

The acute dietary (food and drinking water) exposure to halosulfuron-methyl is below HED's level of concern.  The acute dietary exposure estimate at the 95[th] percentile is <1% of the aPAD for females 13-49 years old, the only population subgroup of concern.

Results of Chronic Dietary (Food and Drinking Water) Exposure Analysis

The chronic dietary (food and drinking water) exposure to halosulfuron-methyl is below HED's level of concern for the general U.S. population and all population subgroups.  The chronic dietary exposure estimates are 2.0% of the cPAD for the general U.S. population and 5.5% of the cPAD for children 1-2 year olds, the most highly exposed population subgroup.

 Table 3.  Summary of Dietary Exposure and Risk for Halosulfuron-methyl.
                              Population Subgroup
                                 Acute Dietary
                               (95th Percentile)
                                Chronic Dietary

                          Dietary Exposure (mg/kg/day)
                                    % aPAD*
                                Dietary Exposure
                                  (mg/kg/day)
                                    % cPAD*
 General U.S. Population
                                      N/A
                                      N/A
                                    0.002050
                                      2.0
 All Infants (< 1 year old)

                                    0.004871
                                      4.9
 Children 1-2 years old

                                    0.005508
                                      5.5
 Children 3-5 years old

                                    0.003884
                                      3.9
 Children 6-12 years old

                                    0.002433
                                      2.4
 Youth 13-19 years old

                                    0.001579
                                      1.6
 Adults 20-49 years old

                                    0.001791
                                      1.8
 Adults 50+ years old

                                    0.001737
                                      1.7
 Females 13-49 years old
                                    0.003733
                                     <1
                                    0.001785
                                      1.8
The population subgroup with the highest estimated exposure/risk is bolded.

VII.	Characterization of Inputs/Outputs

The acute and chronic assessments are considered to be highly conservative and health protective.  The residue levels used in the assessments for all commodities were the established or recommended tolerance levels.  The assessments were conducted using the assumption that 100% of the crop was treated.  Default (DEEM 7.81) processing factors were used unless processing studies were available (tomato and potato) and modeled estimated drinking water concentrations were included in the assessments.

These assessments could be refined, which would likely significantly decrease the estimated risk, with percent crop treated estimates, anticipated residues, or monitoring data.  Since risk estimates are well below HED's level of concern, a more highly refined analysis is not needed at this time.

VIII.	Conclusions

Acute and chronic dietary exposure assessments were conducted for the proposed uses on artichoke and caneberry subgroup 13-07A.  The analyses were unrefined assessments, using tolerances for all commodities, the assumption of 100% CT, default (DEEM 7.81) processing factors when appropriate, and modeled water numbers.

 For both of the acute and chronic assessments, assessments for all populations of concern have risk estimates which are below HED's level of concern.  HED is confident that the acute and chronic assessments do not underestimate risk to the general U.S. population or any population subgroup.

 IX.		List of Attachments

Attachment 1:  Acute and Chronic Food plus Water Residue Input File
Attachment 2:  Acute Results File
Attachment 3:  Chronic Results File

Attachment 1:  Acute and Chronic Food plus Water Residue Input File.

Filename: C:\Documents and Settings\MNEGUSSI\My Documents\DEEM Version 3.16\Halosulfuron-methyl\ACUTE & CHRONIC 022713.R08
Chemical: halosulfuron-methyl
RfD(Chronic): .1 mg/kg bw/day  NOEL(Chronic): 10 mg/kg bw/day
RfD(Acute): .5 mg/kg bw/day  NOEL(Acute):  50 mg/kg bw/day
Date created/last modified: 02-27-2013/14:16:43       Program ver. 3.16, 03-08-d
Comment: Acute is only for Females 13-49 yrs; New Uses Artichoke and Caneberry sugroup 13-07A
-----------------------------------------------------------------------------------
   EPA     Crop                                   Def Res     Adj.Factors   Comment
   Code     Grp  Commodity Name                    (ppm)       #1    #2
---------- ---- -------------------------------  ----------  ------ ------  -------
0103015000 1CD  Arrowroot, flour                   0.050000   1.000  1.000  9E7577
0103015001 1CD  Arrowroot, flour-babyfood          0.050000   1.000  1.000  9E7577
0103017000 1CD  Artichoke, Jerusalem               0.050000   1.000  1.000  9E7577
0103082000 1CD  Cassava                            0.050000   1.000  1.000  9E7577
0103082001 1CD  Cassava-babyfood                   0.050000   1.000  1.000  9E7577
0103139000 1CD  Dasheen, corm                      0.050000   1.000  1.000  9E7577
0103166000 1CD  Ginger                             0.050000   1.000  1.000  9E7577
0103166001 1CD  Ginger-babyfood                    0.050000   1.000  1.000  9E7577
0103167000 1CD  Ginger, dried                      0.050000   1.000  1.000  9E7577
0103296000 1C   Potato, chips                      0.050000   1.000  1.000  9E7577
0103297000 1C   Potato, dry (granules/ flakes)     0.050000   1.000  1.000  9E7577
0103297001 1C   Potato, dry (granules/ flakes)-b   0.050000   1.000  1.000  9E7577
0103298000 1C   Potato, flour                      0.050000   1.000  1.000  9E7577
0103298001 1C   Potato, flour-babyfood             0.050000   1.000  1.000  9E7577
0103299000 1C   Potato, tuber, w/peel              0.050000   1.000  1.000  9E7577
0103299001 1C   Potato, tuber, w/peel-babyfood     0.050000   1.000  1.000  9E7577
0103300000 1C   Potato, tuber, w/o peel            0.050000   1.000  1.000  9E7577
0103300001 1C   Potato, tuber, w/o peel-babyfood   0.050000   1.000  1.000  9E7577
0103366000 1CD  Sweet potato                       0.050000   1.000  1.000  9E7577
0103366001 1CD  Sweet potato-babyfood              0.050000   1.000  1.000  9E7577
0103371000 1CD  Tanier, corm                       0.050000   1.000  1.000  9E7577
0103387000 1CD  Turmeric                           0.050000   1.000  1.000  9E7577
0103406000 1CD  Yam, true                          0.050000   1.000  1.000  9E7577
0103407000 1CD  Yam bean                           0.050000   1.000  1.000  9E7577
0402322000 4B   Rhubarb                            0.050000   1.000  1.000  9E7577
0600347000 6    Soybean, seed                      0.050000   1.000  1.000  8F7424
0600349000 6    Soybean, soy milk                  0.050000   1.000  1.000
0600349001 6    Soybean, soy milk-babyfood or in   0.050000   1.000  1.000
0600350000 6    Soybean, oil                       0.050000   1.000  1.000  8F7424
0600350001 6    Soybean, oil-babyfood              0.050000   1.000  1.000
0601043000 6A   Bean, snap, succulent              0.050000   1.000  1.000
0601043001 6A   Bean, snap, succulent-babyfood     0.050000   1.000  1.000
0602031000 6B   Bean, broad, succulent             0.050000   1.000  1.000  9E7577
0602033000 6B   Bean, cowpea, succulent            0.050000   1.000  1.000  9E7577
0602037000 6B   Bean, lima, succulent              0.050000   1.000  1.000  9E7577
0602255000 6B   Pea, succulent                     0.050000   1.000  1.000  9E7577
0602255001 6B   Pea, succulent-babyfood            0.050000   1.000  1.000  9E7577
0602259000 6B   Pea, pigeon, succulent             0.050000   1.000  1.000  9E7577
0603030000 6C   Bean, black, seed                  0.050000   1.000  1.000
0603032000 6C   Bean, broad, seed                  0.050000   1.000  1.000
0603034000 6C   Bean, cowpea, seed                 0.050000   1.000  1.000
0603035000 6C   Bean,  great northern, seed        0.050000   1.000  1.000
0603036000 6C   Bean, kidney, seed                 0.050000   1.000  1.000
0603038000 6C   Bean, lima, seed                   0.050000   1.000  1.000
0603039000 6C   Bean, mung, seed                   0.050000   1.000  1.000
0603040000 6C   Bean, navy, seed                   0.050000   1.000  1.000
0603041000 6C   Bean, pink, seed                   0.050000   1.000  1.000
0603042000 6C   Bean, pinto, seed                  0.050000   1.000  1.000
0603098000 6C   Chickpea, seed                     0.050000   1.000  1.000
0603098001 6C   Chickpea, seed-babyfood            0.050000   1.000  1.000
0603099000 6C   Chickpea, flour                    0.050000   1.000  1.000
0603182000 6C   Guar, seed                         0.050000   1.000  1.000
0603182001 6C   Guar, seed-babyfood                0.050000   1.000  1.000
0603348000 6C   Soybean, flour                     0.050000   1.000  1.000
0603348001 6C   Soybean, flour-babyfood            0.050000   1.000  1.000
0801374000 8A   Tomatillo                          0.050000   1.000  1.000  0F6169
0801375000 8A   Tomato                             0.050000   1.000  1.000  0F6169
0801375001 8A   Tomato-babyfood                    0.050000   1.000  1.000
0801376000 8A   Tomato, paste                      0.050000   1.000  1.000  0F6169
0801376001 8A   Tomato, paste-babyfood             0.050000   1.000  1.000
0801377000 8A   Tomato, puree                      0.050000   1.000  1.000  0F6169
0801377001 8A   Tomato, puree-babyfood             0.050000   1.000  1.000
0801378000 8A   Tomato, dried                      0.050000  14.300  1.000  0F6169
0801378001 8A   Tomato, dried-babyfood             0.050000  14.300  1.000
0801379000 8A   Tomato, juice                      0.050000   1.500  1.000  0F6169
0802148000 8BC  Eggplant                           0.050000   1.000  1.000
0802234000 8BC  Okra                               0.050000   1.000  1.000  9E7577
0802270000 8B   Pepper, bell                       0.050000   1.000  1.000
0802270001 8B   Pepper, bell-babyfood              0.050000   1.000  1.000
0802271000 8B   Pepper, bell, dried                0.050000   1.000  1.000
0802271001 8B   Pepper, bell, dried-babyfood       0.050000   1.000  1.000
0802272000 8BC  Pepper, nonbell                    0.050000   1.000  1.000
0802272001 8BC  Pepper, nonbell-babyfood           0.050000   1.000  1.000
0802273000 8BC  Pepper, nonbell, dried             0.050000   1.000  1.000
0901075000 9A   Cantaloupe                         0.100000   1.000  1.000  0E6206
0901187000 9A   Honeydew melon                     0.100000   1.000  1.000  0E6206
0901399000 9A   Watermelon                         0.100000   1.000  1.000
0901400000 9A   Watermelon, juice                  0.100000   1.000  1.000
0902021000 9B   Balsam pear                        0.500000   1.000  1.000
0902088000 9B   Chayote, fruit                     0.500000   1.000  1.000
0902102000 9B   Chinese waxgourd                   0.500000   1.000  1.000
0902135000 9B   Cucumber                           0.500000   1.000  1.000  0E6085
0902308000 9B   Pumpkin                            0.500000   1.000  1.000  0E6085
0902309000 9B   Pumpkin, seed                      0.500000   1.000  1.000
0902356000 9B   Squash, summer                     0.500000   1.000  1.000  0E6085
0902356001 9B   Squash, summer-babyfood            0.500000   1.000  1.000
0902357000 9B   Squash, winter                     0.500000   1.000  1.000  0E6085
0902357001 9B   Squash, winter-babyfood            0.500000   1.000  1.000
1100007000 11   Apple, fruit with peel             0.050000   1.000  1.000  9E7577
1100008000 11   Apple, peeled fruit                0.050000   1.000  1.000  9E7577
1100008001 11   Apple, peeled fruit-babyfood       0.050000   1.000  1.000  9E7577
1100009000 11   Apple, dried                       0.050000   8.000  1.000  9E7577
1100009001 11   Apple, dried-babyfood              0.050000   8.000  1.000  9E7577
1100010000 11   Apple, juice                       0.050000   1.300  1.000  9E7577
1100010001 11   Apple, juice-babyfood              0.050000   1.300  1.000  9E7577
1100011000 11   Apple, sauce                       0.050000   1.000  1.000  9E7577
1100011001 11   Apple, sauce-babyfood              0.050000   1.000  1.000  9E7577
1301055000 13A  Blackberry                         0.050000   1.000  1.000  DP# D4
            Full comment: DP# D405659
1301056000 13A  Blackberry, juice                  0.050000   1.000  1.000  DP# D4
            Full comment: DP# D405659
1301056001 13A  Blackberry, juice-babyfood         0.050000   1.000  1.000  DP# D4
            Full comment: DP# D405659
1301058000 13A  Boysenberry                        0.050000   1.000  1.000  DP# D4
            Full comment: DP# D405659
1301208000 13A  Loganberry                         0.050000   1.000  1.000  DP# D4
            Full comment: DP# D405659
1301320000 13A  Raspberry                          0.050000   1.000  1.000  DP# D4
            Full comment: DP# D405659
1301321000 13A  Raspberry, juice                   0.050000   1.000  1.000  DP# D4
            Full comment: DP# D405659
1302057000 13B  Blueberry                          0.050000   1.000  1.000  9E7577
1302057001 13B  Blueberry-babyfood                 0.050000   1.000  1.000  9E7577
1302136000 13B  Currant                            0.050000   1.000  1.000  9E7577
1302137000 13B  Currant, dried                     0.050000   1.000  1.000  9E7577
1302149000 13B  Elderberry                         0.050000   1.000  1.000  9E7577
1302174000 13B  Gooseberry                         0.050000   1.000  1.000  9E7577
1302191000 13B  Huckleberry                        0.050000   1.000  1.000  9E7577
1400003000 14   Almond                             0.050000   1.000  1.000  8F4937
1400003001 14   Almond-babyfood                    0.050000   1.000  1.000
1400004000 14   Almond, oil                        0.050000   1.000  1.000  8F4937
1400004001 14   Almond, oil-babyfood               0.050000   1.000  1.000
1400059000 14   Brazil nut                         0.050000   1.000  1.000  8F4937
1400068000 14   Butternut                          0.050000   1.000  1.000
1400081000 14   Cashew                             0.050000   1.000  1.000  8F4937
1400092000 14   Chestnut                           0.050000   1.000  1.000  8F4937
1400155000 14   Hazelnut                           0.050000   1.000  1.000  8F4937
1400156000 14   Hazelnut, oil                      0.050000   1.000  1.000
1400185000 14   Hickory nut                        0.050000   1.000  1.000
1400213000 14   Macadamia nut                      0.050000   1.000  1.000  8F4937
1400269000 14   Pecan                              0.050000   1.000  1.000  8F4937
1400282000 14   Pistachio                          0.050000   1.000  1.000  8F4937
1400391000 14   Walnut                             0.050000   1.000  1.000  8F4937
1500120000 15   Corn, field, flour                 0.050000   1.000  1.000  6F4661
1500120001 15   Corn, field, flour-babyfood        0.050000   1.000  1.000
1500121000 15   Corn, field, meal                  0.050000   1.000  1.000  6F4661
1500121001 15   Corn, field, meal-babyfood         0.050000   1.000  1.000
1500122000 15   Corn, field, bran                  0.050000   1.000  1.000  6F4661
1500123000 15   Corn, field, starch                0.050000   1.000  1.000  6F4661
1500123001 15   Corn, field, starch-babyfood       0.050000   1.000  1.000
1500124000 15   Corn, field, syrup                 0.050000   1.500  1.000  6F4661
1500124001 15   Corn, field, syrup-babyfood        0.050000   1.500  1.000
1500125000 15   Corn, field, oil                   0.050000   1.000  1.000  6F4661
1500125001 15   Corn, field, oil-babyfood          0.050000   1.000  1.000
1500126000 15   Corn, pop                          0.050000   1.000  1.000  6F4661
1500127000 15   Corn, sweet                        0.050000   1.000  1.000  6F4661
1500127001 15   Corn, sweet-babyfood               0.050000   1.000  1.000
1500226000 15   Millet, grain                      0.010000   1.000  1.000
1500323000 15   Rice, white                        0.050000   1.000  1.000  8F4937
1500323001 15   Rice, white-babyfood               0.050000   1.000  1.000
1500324000 15   Rice, brown                        0.050000   1.000  1.000  8F4937
1500324001 15   Rice, brown-babyfood               0.050000   1.000  1.000
1500325000 15   Rice, flour                        0.050000   1.000  1.000  8F4937
1500325001 15   Rice, flour-babyfood               0.050000   1.000  1.000
1500326000 15   Rice, bran                         0.050000   1.000  1.000  8F4937
1500326001 15   Rice, bran-babyfood                0.050000   1.000  1.000
1500344000 15   Sorghum, grain                     0.050000   1.000  1.000
1500345000 15   Sorghum, syrup                     0.050000   1.000  1.000
1500405000 15   Wild rice                          0.050000   1.000  1.000  8F4937
2003128000 20C  Cottonseed, oil                    0.050000   1.000  1.000  8F4937
2003128001 20C  Cottonseed, oil-babyfood           0.050000   1.000  1.000
3100044000 31   Beef, meat                         0.050000   1.000  1.000
3100044001 31   Beef, meat-babyfood                0.050000   1.000  1.000
3100045000 31   Beef, meat, dried                  0.050000   1.900  1.000
3100046000 31   Beef, meat byproducts              1.000000   1.000  1.000
3100046001 31   Beef, meat byproducts-babyfood     1.000000   1.000  1.000
3100047000 31   Beef, fat                          0.050000   1.000  1.000
3100047001 31   Beef, fat-babyfood                 0.050000   1.000  1.000
3100048000 31   Beef, kidney                       1.000000   1.000  1.000
3100049000 31   Beef, liver                        1.000000   1.000  1.000
3100049001 31   Beef, liver-babyfood               1.000000   1.000  1.000
3200169000 32   Goat, meat                         0.050000   1.000  1.000
3200170000 32   Goat, meat byproducts              1.000000   1.000  1.000
3200171000 32   Goat, fat                          0.050000   1.000  1.000
3200172000 32   Goat, kidney                       1.000000   1.000  1.000
3200173000 32   Goat, liver                        1.000000   1.000  1.000
3300189000 33   Horse, meat                        0.050000   1.000  1.000
3400292000 34   Pork, meat byproducts              0.100000   1.000  1.000  3F4193
3400292001 34   Pork, meat byproducts-babyfood     0.100000   1.000  1.000
3400294000 34   Pork, kidney                       0.100000   1.000  1.000  3F4193
3400295000 34   Pork, liver                        0.100000   1.000  1.000  3F4193
3500339000 35   Sheep, meat                        0.050000   1.000  1.000
3500339001 35   Sheep, meat-babyfood               0.050000   1.000  1.000
3500340000 35   Sheep, meat byproducts             1.000000   1.000  1.000
3500341000 35   Sheep, fat                         0.050000   1.000  1.000
3500341001 35   Sheep, fat-babyfood                0.050000   1.000  1.000
3500342000 35   Sheep, kidney                      1.000000   1.000  1.000
3500343000 35   Sheep, liver                       1.000000   1.000  1.000
3600222000 36   Milk, fat                          0.050000   1.000  1.000
3600222001 36   Milk, fat-baby food/infant formu   0.050000   1.000  1.000
3600223000 36   Milk, nonfat solids                0.050000   1.000  1.000
3600223001 36   Milk, nonfat solids-baby food/in   0.050000   1.000  1.000
3600224000 36   Milk, water                        0.050000   1.000  1.000
3600224001 36   Milk, water-babyfood/infant form   0.050000   1.000  1.000
3600225001 36   Milk, sugar (lactose)-baby food/   0.050000   1.000  1.000
8601000000 86A  Water, direct, all sources         0.059200   1.000  1.000  DP#358
            Full comment: DP#358032
8602000000 86B  Water, indirect, all sources       0.059200   1.000  1.000
9500016000 O    Artichoke, globe                   0.050000   1.000  1.000
9500019000 O    Asparagus                          0.800000   1.000  1.000  1F6229
9500362000 O    Sugarcane, sugar                   0.050000   1.000  1.000  6F4661
9500362001 O    Sugarcane, sugar-babyfood          0.050000   1.000  1.000
9500363000 O    Sugarcane, molasses                0.050000   1.000  1.000  6F4661
9500363001 O    Sugarcane, molasses-babyfood       0.050000   1.000  1.000

Attachment 2:  Acute Results File.

U.S. EPA                                                    Ver. 3.16, 03-08-d
DEEM-FCID ACUTE Analysis for HALOSULFURON-METHYL         NHANES 2003-2008 2-Day
Residue file: ACUTE & CHRONIC 022713.R08          Adjustment factor #2 NOT used.
Analysis Date: 02-27-2013/14:18:43    Residue file dated: 02-27-2013/14:16:43
NOEL (Acute) =  50.000000 mg/kg body-wt/day
RAC/FF intake summed over 24 hours
Run Comment: "Acute is only for Females 13-49 yrs; New Uses Artichoke and Cane
berry sugroup 13-07A"
===============================================================================

Summary calculations--per capita:

---   95th Percentile----   ---   99th Percentile----     ---99.9th Percentile----
 Exposure  % aRfD     MOE    Exposure  % aRfD     MOE    Exposure  % aRfD     MOE
---------- ------- -------- ---------- ------- -------- ---------- ------- --------
Female 13-49:
  0.004091    0.82   12221    0.005756    1.15    8686    0.008278    1.66    6040

Attachment 3:  Chronic Results File.

U.S. EPA                                                        Ver. 3.16, 03-08-d
DEEM-FCID Chronic analysis for HALOSULFURON-METHYL         NHANES 2003-2008 2-day
Residue file name: C:\Documents and Settings\MNEGUSSI\My Documents\DEEM Version 3.16\Halosulfuron-methyl\ACUTE & CHRONIC 022713.R08
                                                 Adjustment factor #2 NOT used.
Analysis Date 02-27-2013/14:29:21     Residue file dated: 02-27-2013/14:16:43
Reference dose (RfD, Chronic) = .1 mg/kg bw/day
COMMENT 1: Acute is only for Females 13-49 yrs; New Uses Artichoke and Caneberry sugroup 13-07A
===============================================================================
                    Total exposure by population subgroup
-------------------------------------------------------------------------------

                                                    Total Exposure
                                         -----------------------------------
          Population                         mg/kg             Percent of
           Subgroup                       body wt/day             Rfd
--------------------------------------   -------------       ----------------
Total US Population                         0.002050                 2.0%
Hispanic                                    0.002153                 2.2%
Non-Hisp-White                              0.002066                 2.1%
Non-Hisp-Black                              0.001733                 1.7%
Non-Hisp-Other                              0.002316                 2.3%
Nursing Infants                             0.002051                 2.1%
Non-Nursing Infants                         0.006130                 6.1%
Female 13+ PREG                             0.001882                 1.9%
Children 1-6                                0.004358                 4.4%
Children 7-12                               0.002285                 2.3%
Male 13-19                                  0.001591                 1.6%
Female 13-19/NP                             0.001566                 1.6%
Male 20+                                    0.001700                 1.7%
Female 20+/NP                               0.001826                 1.8%
Seniors 55+                                 0.001718                 1.7%
All Infants                                 0.004871                 4.9%
Female 13-50                                0.001784                 1.8%
Children 1-2                                0.005508                 5.5%
Children 3-5                                0.003884                 3.9%
Children 6-12                               0.002433                 2.4%
Youth 13-19                                 0.001579                 1.6%
Adults 20-49                                0.001791                 1.8%
Adults 50-99                                0.001737                 1.7%
Female 13-49                                0.001785                 1.8%


[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15195-15198]
[FR Doc No: 2018-07185]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-6156; FMCSA-1999-6480; FMCSA-2003-16241; FMCSA-
2003-16564; FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-2005-23099;
FMCSA-2005-23238; FMCSA-2006-23773; FMCSA-2007-0017; FMCSA-2007-0071;
FMCSA-2007-27897; FMCSA-2009-0011; FMCSA-2009-0206; FMCSA-2009-0291;
FMCSA-2009-0321; FMCSA-2011-0142; FMCSA-2011-0275; FMCSA-2011-0298;
FMCSA-2011-0324; FMCSA-2011-0365; FMCSA-2011-0366; FMCSA-2011-0378;
FMCSA-2013-0028; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0167;
FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2013-0174;
FMCSA-2014-0002; FMCSA-2015-0070; FMCSA-2015-0071; FMCSA-2015-0072;
FMCSA-2015-0344; FMCSA-2015-0345; FMCSA-2015-0348; FMCSA-2015-0350;
FMCSA-2015-0351]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 113
individuals from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to continue to
operate CMVs in interstate commerce without meeting the vision
requirements in one eye.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before May 9,
2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-1999-6156; FMCSA-1999-6480;
FMCSA-2003-16241; FMCSA-2003-16564; FMCSA-2005-22194; FMCSA-2005-22727;
FMCSA-2005-23099; FMCSA-2005-23238; FMCSA-2006-23773; FMCSA-2007-0017;
FMCSA-2007-0071; FMCSA-2007-27897; FMCSA-2009-0011; FMCSA-2009-0206;
FMCSA-2009-0291; FMCSA-2009-0321; FMCSA-2011-0142; FMCSA-2011-0275;
FMCSA-2011-0298; FMCSA-2011-0324; FMCSA-2011-0365; FMCSA-2011-0366;
FMCSA-2011-0378; FMCSA-2013-0028; FMCSA-2013-0165; FMCSA-2013-0166;
FMCSA-2013-0167; FMCSA-2013-0168; FMCSA-2013-

0169; FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2015-
0070; FMCSA-2015-0071; FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-
0345; FMCSA-2015-0348; FMCSA-2015-0350; FMCSA-2015-0351 using any of
the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, e.t.,
365 days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

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

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years if it finds ``such exemption would likely achieve a
level of safety that is equivalent to or greater than the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the five-year period. FMCSA
grants exemptions from the FMCSRs for a two-year period to align with
the maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.
    The 113 individuals listed in this notice have requested renewal of
their exemptions from the vision standard in 49 CFR 391.41(b)(10), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable two year period.

II. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of
the 113 applicants has satisfied the renewal conditions for obtaining
an exemption from the vision requirement (64 FR 54948; 64 FR 68195; 65
FR 159; 65 FR 20251; 67 FR 10475; 67 FR 17102; 68 FR 61857; 68 FR
74699; 68 FR 75715; 69 FR 8260; 69 FR 10503; 69 FR 17267; 70 FR 57353;
70 FR 71884; 70 FR 72689; 71 FR 644; 71 FR 4194; 71 FR 4632; 71 FR
5105; 71 FR 6824; 71 FR 6829; 71 FR 6826; 71 FR 13450; 71 FR 16410; 71
FR 19600; 71 FR 19602; 72 FR 39879; 72 FR 52422; 72 FR 62897; 72 FR
67340; 72 FR 71995; 73 FR 1395; 73 FR 5259; 73 FR 6242; 73 FR 8392; 73
FR 9158; 73 FR 11989; 73 FR 15254; 73 FR 16950; 74 FR 43217; 74 FR
49069; 74 FR 57551; 74 FR 60021; 74 FR 65842; 74 FR 65845; 74 FR 65847;
75 FR 1451; 75 FR 1835; 75 FR 8184; 75 FR 9477; 75 FR 9480; 75 FR 9482;
75 FR 9484; 75 FR 13653; 75 FR 20881; 75 FR 22176; 76 FR 49528; 76 FR
61143; 76 FR 64164; 76 FR 66123; 76 FR 70210; 76 FR 70213; 76 FR 75942;
76 FR 78728; 76 FR 79760; 77 FR 541; 77 FR 545; 77 FR 3547; 77 FR 3552;
77 FR 5874; 77 FR 7233; 77 FR 7657; 77 FR 10604; 77 FR 10606; 77 FR
13689; 77 FR 13691; 77 FR 17107; 77 FR 17108; 77 FR 17115; 77 FR 17117;
77 FR 17119; 77 FR 19749; 77 FR 22059; 77 FR 22838; 78 FR 27281; 78 FR
41188; 78 FR 47818; 78 FR 62935; 78 FR 63302; 78 FR 63307; 78 FR 64271;
78 FR 64274; 78 FR 66099; 78 FR 67452; 78 FR 67454; 78 FR 67455; 78 FR
74223; 78 FR 76395; 78 FR 76704; 78 FR 76705; 78 FR 77778; 78 FR 77780;
78 FR 77782; 78 FR 78475; 79 FR 1908; 79 FR 2247; 79 FR 2748; 79 FR
4803; 79 FR 4805; 79 FR 6993; 79 FR 10602; 79 FR 10606; 79 FR 10607; 79
FR 10608; 79 FR 10609; 79 FR 10610; 79 FR 10611; 79 FR 10619; 79 FR
12565; 79 FR 13085; 79 FR 14328; 79 FR 14331; 79 FR 14332; 79 FR 14333;
79 FR 15794; 79 FR 17641; 79 FR 17642; 79 FR 17643; 79 FR 18390; 79 FR
18391; 79 FR 22003; 80 FR 33007; 80 FR 63869; 80 FR 67472; 80 FR 67476;
80 FR 67481; 80 FR 70060; 80 FR 76345; 80 FR 79414; 80 FR 80443; 81 FR
6573; 81 FR 11642; 81 FR 14190; 81 FR 15401; 81 FR 15404; 81 FR 16265;
81 FR 17237; 81 FR 20433; 81 FR 20435; 81 FR 28136; 81 FR 28138; 81 FR
39100; 81 FR 44680; 81 FR 52516; 81 FR 60117). They have submitted
evidence showing that the vision in the better eye continues to meet
the requirement specified at 49 CFR 391.41(b)(10) and that the vision
impairment is stable. In addition, a review of each record of safety
while driving with the respective vision deficiencies over the past two
years indicates each applicant continues to meet the vision exemption
requirements. These factors provide an adequate basis for predicting
each

driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each
renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of April and
are discussed below:
    As of April 12, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 58 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (68 FR 7469; 68 FR 61857; 68 FR
74699; 68 FR 75715; 69 FR 10503; 70 FR 57353; 70 FR 71884; 70 FR 72689;
71 FR 644; 71 FR 4194; 71 FR 4632; 71 FR 6829; 71 FR 13450; 72 FR
39879; 72 FR 52422; 72 FR 62897; 72 FR 67340; 72 FR 71995; 73 FR 1395;
73 FR 5259; 73 FR 6242; 73 FR 8392; 73 FR 9158; 73 FR 16950; 74 FR
43217; 74 FR 49069; 74 FR 57551; 74 FR 60021; 74 FR 65842; 74 FR 65845;
74 FR 65847; 75 FR 1451; 75 FR 8184; 75 FR 9477; 75 FR 9482; 75 FR
9484; 76 FR 49528; 76 FR 61143; 76 FR 64164; 76 FR 66123; 76 FR 70210;
76 FR 70213; 76 FR 75942; 76 FR 78728; 76 FR 79760; 77 FR 541; 77 FR
545; 77 FR 3547; 77 FR 3552; 77 FR 5874; 77 FR 7233; 77 FR 7657; 77 FR
10604; 77 FR 10606; 77 FR 13689; 77 FR 13691; 77 FR 17117; 77 FR 17119;
77 FR 22059; 78 FR 27281; 78 FR 41188; 78 FR 47818; 78 FR 62935; 78 FR
63302; 78 FR 63307; 78 FR 64271; 78 FR 64274; 78 FR 66099; 78 FR 67452;
78 FR 67454; 78 FR 67455; 78 FR 74223; 78 FR 76395; 78 FR 76704; 78 FR
76705; 78 FR 77778; 78 FR 77780; 78 FR 77782; 78 FR 78475; 79 FR 1908;
79 FR 2247; 79 FR 2748; 79 FR 4803; 79 FR 4805; 79 FR 6993; 79 FR
10602; 79 FR 10619; 79 FR 12565; 79 FR 13085; 79 FR 14328; 79 FR 14331;
79 FR 14332; 79 FR 14333; 79 FR 18390; 80 FR 33007; 80 FR 63869; 80 FR
67472; 80 FR 67476; 80 FR 67481; 80 FR 70060; 80 FR 76345; 80 FR 79414;
80 FR 80443; 81 FR 11642; 81 FR 15401; 81 FR 15404; 81 FR 16265; 81 FR
20433; 81 FR 20435; 81 FR 28136; 81 FR 44680; 81 FR 60117):

Larry Adams, Jr. (FL)
Donald Bierwirth, Jr. (CT)
Bryan Borrowman (UT)
Clifford L. Burruss (CA)
Kevin J. Cobb (PA)
Eugene Contreras (NM)
Levi R. Coutcher (WA)
Herman R. Dahmer (MD)
Jim L. Davis (NM)
Andrew S. Durward (IL)
Michael P. Eisenreich (MN)
James Esposito, Jr. (PA)
Daniel W. Eynon (OH)
Gerald W. Fox (PA)
Richard P. Frederiksen (WY)
Raul A. Gonzalez (CA)
Danny R. Gray (OK)
Keith J. Haaf (VA)
John C. Henricks (OH)
Louis E. Henry, Jr. (KY)
Michael J. Hoskins (KS)
Zion Irizarry (NV)
Kevin Jacoby (NJ)
Tommy R. Jefferies (FL)
Billy R. Jeffries (WV)
Lowell Johnson (MN)
John R. Knott, III (MN)
David G. Lamborn (ND)
Curtis M. Lawless (VA)
Raymond J. Mannarino (NY)
Herman Martinez (NM)
James McCleary (OH)
Joseph W. Meacham (MS)
Brandon J. Michalko (NY)
Michael E. Miles (IL)
Daniel I. Miller (PA)
Robert Mollicone (FL)
Josh D. Nichols (IL)
John E. Nichols (PA)
Willie L. Parks (CA)
Richard J. Pauxtis (OR)
Jerry L. Pettijohn (OK)
Paul D. Prillaman (VA)
Rafael Quintero (TX)
Ezequiel M. Ramirez (TX)
Kent S. Reining (IL)
Riland O. Richardson (GA)
Roy C. Rogers (WV)
Troy M. Ruhlman (PA)
Robert Schick (PA)
Mark A. Smalls (GA)
Scott C. Star (NJ)
Michael A. Terry (IN)
Clifford B. Thompson, Jr. (SC)
Hany A. Wagieh (NJ)
Virgil E. Walker (TX)
Norman J. Watson (NC)
Charles T. Whitehead (NC)

    The drivers were included in docket numbers FMCSA-2003-16241;
FMCSA-2003-16564; FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-2005-23099;
FMCSA-2007-0017; FMCSA-2007-0071; FMCSA-2007-27897; FMCSA-2009-0206;
FMCSA-2009-0291; FMCSA-2011-0142; FMCSA-2011-0275; FMCSA-2011-0298;
FMCSA-2011-0324; FMCSA-2011-0365; FMCSA-2011-0366; FMCSA-2013-0028;
FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0167; FMCSA-2013-0168;
FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-2015-0070;
FMCSA-2015-0071; FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0345;
FMCSA-2015-0348. Their exemptions are applicable as of April 12, 2018,
and will expire on April 12, 2020.
    As of April 14, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following ten individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (64 FR 54948; 64 FR 68195; 65 FR
159; 65 FR 20251; 67 FR 10475; 67 FR 17102; 69 FR 17267; 69 FR 8260; 71
FR 4194; 71 FR 5105; 71 FR 6824; 71 FR 6826; 71 FR 13450; 71 FR 16410;
71 FR 19600; 71 FR 19602; 73 FR 11989; 75 FR 1835; 75 FR 9482; 75 FR
13653; 77 FR 17107; 79 FR 18391; 81 FR 20435):

Nick D. Bacon (KY)
Mark A. Baisden (OH)
Curtis J. Crowston (ND)
Rupert G. Gilmore, III (AL)
Albert L. Gschwind (WI)
Walter R. Hardiman (WV)
Michael W. Jones (IL)
Matthew J. Konecki (MT)
Joseph S. Nix, IV (MO)
Robert V. Sloan (NC)

    The drivers were included in docket numbers FMCSA-1999-6165; FMCSA-
1999-6480; FMCSA-2005-23099; FMCSA-2005-23238; FMCSA-2006-23773; FMCSA-
2009-0321. Their exemptions are applicable as of April 14, 2018, and
will expire on April 14, 2020.
    As of April 16, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 14 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (81 FR 14190; 81 FR 39100):

William H. Brence (SD)
Jaime V. Cavazos (TX)
Jacob Dehoyos (NM)
Larry D. Fulk (MO)
Darrell K. Harber (MO)
Robert E. Holbrook (TN)
Maurice L. Kinney (PA)
Richard R. Krafczynski (PA)
Michael S. McHale (PA)
Darin P. Milton (TN)
Dakota J. Papsun (PA)
William J. Powell (KY)
Richard R. Vonderohe (IA)
William J. Watts (MT)

    The drivers were included in docket number FMCSA-2015-0350. Their
exemptions are applicable as of April 16, 2018, and will expire on
April 16, 2020.
    As of April 17, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (77 FR 19749; 77 FR 22838; 79 FR
15794; 81 FR 20435):

Gilbert M. Rosas, (AZ); Kim A. Shaffer, (PA).
    The drivers were included in docket number FMCSA-2011-0378. Their
exemptions are applicable as of April 17, 2018, and will expire on
April 17, 2020.
    As of April 18, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 12 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (79 FR 10606; 79 FR 10607; 79 FR
10608; 79 FR 10609; 79 FR 10610; 79 FR 10611; 79 FR 22003; 81 FR 20435;
81 FR 28131):

Thomas R. Abbott (TN)
Thomas Benavidez, Jr. (ID)
Gary A. Budde (IL)
David L. Dykes (FL)
Daniel Fedder (IL)
Mark La Fleur (MD)
Dennis A. Lindner (MN)
Michael Nichols (GA)
Dino J. Pires (CT)
Anthony S. Poindexter (MD)
John B. Theres (IL)
Robert S. Waltz (ME)

    The drivers were included in docket number FMCSA-2014-0002. Their
exemptions are applicable as of April 18, 2018, and will expire on
April 18, 2020.
    As of April 23, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (68 FR 74669; 69 FR 10503; 71 FR
6829; 73 FR 6242; 73 FR 15254; 73 FR 16950; 75 FR 20881; 77 FR 17115;
79 FR 17641; 81 FR 20435): Thomas R. Hedden, (IL); Douglas A. Mendoza,
(MD).
    The drivers were included in docket numbers FMCSA-2003-16564;
FMCSA-2007-0071. Their exemptions are applicable as of April 23, 2018,
and will expire on April 23, 2020.
    As of April 27, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following six individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (75 FR 9480; 75 FR 22176; 77 FR
17108; 79 FR 17642; 79 FR 17643; 81 FR 20435):

Chad L. Burnham (ME)
David A. Christenson (NV)
Paul K. Leger (NH)
Martin L. Reyes (IL)
Gerald L. Rush, Jr. (NJ)
Larry W. Winkler (MO)

    The drivers were included in docket number FMCSA-2009-0011. Their
exemptions are applicable as of April 27, 2018, and will expire on
April 27, 2020.
    As of April 28, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following nine individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (81 FR 17237; 81 FR 52516):

Lee R. Boykin (TX)
Steven W. Day (MO)
Roger M. Dunaway (KY)
Hugo N. Guitterrez (IN)
William J. Kanaris (NY)
Ronnie L. McHugh (KS)
Donald P. Ruckinger (PA)
Eddie Walker (NC)
Trent Wipf (SD)

    The drivers were included in docket number FMCSA-2015-0351. Their
exemptions are applicable as of April 28, 2018, and will expire on
April 28, 2020.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must undergo an annual physical examination (a) by an
ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a certified Medical Examiner, as defined by 49 CFR 390.5,
who attests that the driver is otherwise physically qualified under 49
CFR 391.41; (2) each driver must provide a copy of the
ophthalmologist's or optometrist's report to the Medical Examiner at
the time of the annual medical examination; and (3) each driver must
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file or keep a copy of his/her
driver's qualification if he/her is self-employed. The driver must also
have a copy of the exemption when driving, for presentation to a duly
authorized Federal, State, or local enforcement official. The exemption
will be rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

V. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the 113 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the vision
requirement in 49 CFR 391.41(b)(10), subject to the requirements cited
above. In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for two years unless revoked earlier by FMCSA.

    Issued on: April 2, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-07185 Filed 4-6-18; 8:45 am]
BILLING CODE 4910-EX-P