[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
[Notices]
[Pages 15542-15546]
[FR Doc No: 2021-05968]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-7165; FMCSA-2000-7363; FMCSA-2000-7918; FMCSA-
2002-12844; FMCSA-2004-17984; FMCSA-2005-20027; FMCSA-2006-25246;
FMCSA-2006-26066; FMCSA-2008-0106; FMCSA-2008-0231; FMCSA-2008-0266;
FMCSA-2008-0292; FMCSA-2010-0161; FMCSA-2010-0327; FMCSA-2010-0354;
FMCSA-2010-0385; FMCSA-2010-0413; FMCSA-2011-0010; FMCSA-2012-0214;
FMCSA-2012-0279; FMCSA-2012-0280; FMCSA-2013-0030; FMCSA-2014-0002;
FMCSA-2014-0003; FMCSA-2014-0010; FMCSA-2014-0011; FMCSA-2014-0296;
FMCSA-2014-0298; FMCSA-2014-0299; FMCSA-2014-0300; FMCSA-2014-0301;
FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2016-0028; FMCSA-2016-0031;
FMCSA-2016-0033; FMCSA-2016-0208; FMCSA-2016-0212; FMCSA-2016-0213;
FMCSA-2016-0214; FMCSA-2018-0007; FMCSA-2018-0013; FMCSA-2018-0207;
FMCSA-2018-0208; FMCSA-2018-0209; FMCSA-2019-0005; FMCSA-2019-0006]

Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces its decision to renew exemptions for 68
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 April 22,
2021.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2000-7165, Docket No. FMCSA-
2000-7363, Docket No. FMCSA-2000-7918, Docket No. FMCSA-2002-12844,
Docket No. FMCSA-2004-17984, Docket No. FMCSA-2005-20027, Docket No.
FMCSA-2006-25246, Docket No. FMCSA-2006-26066, Docket No. FMCSA-2008-
0106, Docket No. FMCSA-2008-0231, Docket No. FMCSA-2008-0266, Docket
No. FMCSA-2008-0292, Docket No. FMCSA-2010-0161, Docket No. FMCSA-2010-
0327, Docket No. FMCSA-2010-0354, Docket No. FMCSA-2010-0385, Docket
No. FMCSA-2010-0413, Docket No. FMCSA-2011-0010, Docket No. FMCSA-2012-
0214, Docket No. FMCSA-2012-0279, Docket No. FMCSA-2012-0280, Docket
No. FMCSA-2013-0030, Docket No. FMCSA-2014-0002, Docket No. FMCSA-2014-
0003, Docket No. FMCSA-2014-0010, Docket No. FMCSA-2014-0011, Docket
No. FMCSA-2014-0296, Docket No. FMCSA-2014-0298, Docket No. FMCSA-2014-
0299, Docket No. FMCSA-2014-0300, Docket No. FMCSA-2014-0301, Docket
No. FMCSA-2014-0302, Docket No. FMCSA-2014-0304, Docket No. FMCSA-2016-
0028, Docket No. FMCSA-2016-0031, Docket No. FMCSA-2016-0033, Docket
No. FMCSA-2016-0208, Docket No. FMCSA-2016-0212, Docket No. FMCSA-2016-
0213, Docket No. FMCSA-2016-0214, Docket No. FMCSA-2018-0007, Docket
No. FMCSA-2018-0013, Docket No. FMCSA-2018-0207, Docket No. FMCSA-2018-
0208, Docket No. FMCSA-2018-0209, Docket No. FMCSA-2019-0005, or Docket
No. FMCSA-2019-0006 using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2000-7165, FMCSA-2000-7363, FMCSA-2000-
7918, FMCSA-2002-12844, FMCSA-2004-17984, FMCSA-2005-20027, FMCSA-2006-
25246, FMCSA-2006-26066, FMCSA-2008-0106, FMCSA-2008-0231, FMCSA-2008-
0266, FMCSA-2008-0292, FMCSA-2010-0161, FMCSA-2010-0327, FMCSA-2010-
0354, FMCSA-2010-0385, FMCSA-2010-0413, FMCSA-2011-0010, FMCSA-2012-
0214, FMCSA-2012-0279, FMCSA-2012-0280, FMCSA-2013-0030, FMCSA-2014-
0002, FMCSA-2014-0003, FMCSA-2014-0010, FMCSA-2014-0011, FMCSA-2014-
0296, FMCSA-2014-0298, FMCSA-2014-0299, FMCSA-2014-0300, FMCSA-2014-
0301, FMCSA-2014-0302, FMCSA-2014-0304, FMCSA-2016-0028, FMCSA-2016-
0031, FMCSA-2016-0033, FMCSA-2016-0208, FMCSA-2016-0212, FMCSA-2016-
0213, FMCSA-2016-0214; FMCSA-2018-0007, FMCSA-2018-0013, FMCSA-2018-
0207, FMCSA-2018-0208, FMCSA-2018-0209, FMCSA-2019-0005, or FMCSA-2019-
0006 in the keyword box, and click ``Search.'' Next, sort the results
by ``Posted (Newer-Older),'' choose the first notice listed, and click
on the ``Comment'' button. Follow the online instructions for
submitting comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>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.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Dockets Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2000-7165; FMCSA-2000-7363; FMCSA-2000-7918;
FMCSA-2002-12844; FMCSA-2004-17984; FMCSA-2005-20027; FMCSA-2006-25246;
FMCSA-2006-26066; FMCSA-2008-0106; FMCSA-2008-0231; FMCSA-2008-0266;
FMCSA-2008-0292; FMCSA-2010-0161; FMCSA-2010-0327; FMCSA-2010-0354;
FMCSA-2010-0385; FMCSA-2010-0413; FMCSA-2011-0010; FMCSA-2012-0214;
FMCSA-2012-0279; FMCSA-2012-0280; FMCSA-2013-0030; FMCSA-2014-0002;
FMCSA-2014-0003; FMCSA-2014-0010; FMCSA-2014-0011; FMCSA-2014-0296;
FMCSA-2014-0298; FMCSA-2014-0299; FMCSA-2014-0300; FMCSA-2014-0301;
FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2016-0028; FMCSA-2016-0031;
FMCSA-2016-0033; FMCSA-2016-0208; FMCSA-2016-0212; FMCSA-2016-0213;
FMCSA-2016-0214; FMCSA-2018-0007; FMCSA-2018-0013; FMCSA-2018-0207;
FMCSA-2018-0208; FMCSA-2018-0209; FMCSA-2019-0005; FMCSA-2019-0006),
indicate the specific section of this document to which each comment
applies, and provide a reason for each suggestion or recommendation.
You may submit your comments and material online or by fax, mail, or
hand delivery, but please use only one of these means. FMCSA recommends
that you include your name and a mailing address, an email address, or
a phone number in the body of your document so that FMCSA can contact
you if there are questions regarding your submission.
    To submit your comment online, go to www.regulations.gov/, insert
the docket number, FMCSA-2000-7165, FMCSA-2000-7363, FMCSA-2000-7918,
FMCSA-2002-12844, FMCSA-2004-17984, FMCSA-2005-20027, FMCSA-2006-25246,
FMCSA-2006-26066, FMCSA-2008-0106; FMCSA-2008-0231, FMCSA-2008-0266;
FMCSA-2008-0292, FMCSA-2010-0161, FMCSA-2010-0327, FMCSA-2010-0354,
FMCSA-2010-0385, FMCSA-2010-0413, FMCSA-2011-0010, FMCSA-2012-0214,
FMCSA-2012-0279, FMCSA-2012-0280, FMCSA-2013-0030, FMCSA-2014-0002,
FMCSA-2014-0003, FMCSA-2014-0010, FMCSA-2014-0011, FMCSA-2014-0296,
FMCSA-2014-0298, FMCSA-2014-0299, FMCSA-2014-0300, FMCSA-2014-0301,
FMCSA-2014-0302, FMCSA-2014-0304, FMCSA-2016-0028, FMCSA-2016-0031,
FMCSA-2016-0033, FMCSA-2016-0208, FMCSA-2016-0212, FMCSA-2016-0213,
FMCSA-2016-0214, FMCSA-2018-0007, FMCSA-2018-0013, FMCSA-2018-0207,
FMCSA-2018-0208, FMCSA-2018-0209, FMCSA-2019-0005, or FMCSA-2019-0006
in the keyword box, and click ``Search.'' Next, sort the results by
``Posted (Newer-Older),'' choose the first

notice listed, click the ``Comment'' button, and type your comment into
the text box on the following screen. Choose whether you are submitting
your comment as an individual or on behalf of a third party and then
submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2000-7165, FMCSA-2000-7363, FMCSA-2000-7918, FMCSA-2002-
12844, FMCSA-2004-17984, FMCSA-2005-20027, FMCSA-2006-25246, FMCSA-
2006-26066, FMCSA-2008-0106; FMCSA-2008-0231, FMCSA-2008-0266; FMCSA-
2008-0292, FMCSA-2010-0161, FMCSA-2010-0327, FMCSA-2010-0354, FMCSA-
2010-0385, FMCSA-2010-0413, FMCSA-2011-0010, FMCSA-2012-0214, FMCSA-
2012-0279, FMCSA-2012-0280, FMCSA-2013-0030, FMCSA-2014-0002, FMCSA-
2014-0003, FMCSA-2014-0010, FMCSA-2014-0011, FMCSA-2014-0296, FMCSA-
2014-0298, FMCSA-2014-0299, FMCSA-2014-0300, FMCSA-2014-0301, FMCSA-
2014-0302, FMCSA-2014-0304, FMCSA-2016-0028, FMCSA-2016-0031, FMCSA-
2016-0033, FMCSA-2016-0208, FMCSA-2016-0212, FMCSA-2016-0213, FMCSA-
2016-0214, FMCSA-2018-0007, FMCSA-2018-0013, FMCSA-2018-0207, FMCSA-
2018-0208, FMCSA-2018-0209, FMCSA-2019-0005, or FMCSA-2019-0006 in the
keyword box, and click ``Search.'' Next, sort the results by ``Posted
(Newer-Older),'' choose the first notice listed, and click ``Browse
Comments.'' If you do not have access to the internet, you may view the
docket online by visiting Dockets Operations in Room W12-140 on the
ground floor of the DOT West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Dockets Operations.

C. Privacy Act

    In accordance with 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 www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The 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 68 individuals listed in this notice have requested renewal of
their exemptions from the vision standard in Sec.  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 2-year period.

III. 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(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 68
applicants has satisfied the renewal conditions for obtaining an
exemption from the vision standard (see 65 FR 33406, 65 FR 45817, 65 FR
57234, 65 FR 66286, 65 FR 77066, 66 FR 13825, 67 FR 57266, 67 FR 68719,
67 FR 71610, 68 FR 2629, 68 FR 10300, 69 FR 33997, 69 FR 52741, 69 FR
61292, 69 FR 64810, 69 FR 71100, 70 FR 2701, 70 FR 7545, 70 FR 7546, 70
FR 16887, 71 FR 53489, 71 FR 55820, 71 FR 63379, 71 FR 66217, 72 FR
180, 72 FR 1051, 72 FR 1053, 72 FR 7111, 72 FR 7812, 72 FR 9397, 72 FR
12665, 73 FR 35199, 73 FR 46973, 73 FR 48275, 73 FR 51336, 73 FR 51689,
73 FR 54888, 73 FR 61922, 73 FR 61925, 73 FR 63047, 73 FR 65009, 73 FR
74563, 73 FR 74565, 73 FR 76440, 73 FR 78423, 74 FR 6211, 74 FR 6689,
74 FR 9329, 75 FR 39725, 75 FR 44051, 75 FR 52062, 75 FR 52063, 75 FR
57105, 75 FR 59327, 75 FR 61833, 75 FR 65057, 75 FR 72863, 75 FR 77492,
75 FR 77949, 75 FR 79081, 75 FR 79083, 75 FR 80887, 76 FR 1493, 76 FR
2190, 76 FR 5425, 76 FR 9856, 76 FR 9859, 76 FR 9861, 76 FR 9865, 76 FR
12408, 76 FR 15360, 76 FR 17483, 76 FR 20076, 77 FR 46153, 77 FR 46793,
77 FR 52388, 77 FR 52389, 77 FR 56262, 77 FR 59245, 77 FR 60008, 77 FR
60010, 77 FR 64583, 77 FR 64839, 77 FR 68202, 77 FR 70537, 77 FR 71671,
77 FR 74273, 77 FR 74734, 77 FR 75494, 77 FR 76167, 78 FR 800, 78 FR
8689, 78 FR 10250, 78 FR 11731, 78 FR 12813, 78 FR 16035, 78 FR 16762,
78 FR 18667, 78 FR 41975, 78 FR 56986, 79 FR 10606, 79 FR 14571, 79 FR
22003, 79 FR 28588, 79 FR 46153, 79 FR 46300, 79 FR 51642, 79 FR 51643,
79 FR 56099, 79 FR 56117, 79 FR 58856, 79 FR 64001, 79 FR 65759, 79 FR
65760, 79 FR 69985, 79 FR 70928, 79 FR 72754, 79 FR 73393, 79 FR 73397,
79 FR 73686, 79 FR 73687, 79 FR 73689, 79 FR 74168, 80 FR 603, 80 FR
2473, 80 FR 3723, 80 FR 6162, 80 FR 7678, 80 FR 7679, 80 FR 8751, 80 FR
8927, 80 FR 9304, 80 FR 12248, 80 FR 13070, 80 FR 14223, 80 FR 15859,
80 FR 15863, 80 FR 16500, 80 FR 18693, 80 FR 20562, 80 FR 29152, 80 FR
33011, 80 FR 48411, 81 FR 39320, 81 FR 52514, 81 FR 59266, 81 FR 66720,
81 FR 68098, 81 FR 70253, 81 FR 71173, 81 FR 74494, 81 FR 80161, 81 FR
81230, 81 FR 86063, 81 FR 90050, 81 FR 96165, 81 FR 96180, 81 FR 96191,
81 FR 96196, 82 FR 12678, 82 FR 12683, 82 FR 13043, 82 FR 13048, 82 FR
13187, 82 FR 15277, 82 FR 18949, 82 FR 23712, 83 FR 15214, 83 FR 28325,
83 FR 28328, 83 FR 28335, 83 FR 34661, 83 FR 40638, 83 FR 40648, 83 FR
53724, 83 FR 56140, 83 FR 56902, 83 FR 60954, 84 FR 2305, 84 FR 2309,
84 FR 2311, 84 FR 2314, 84 FR 2323, 84 FR 2326, 84 FR 10389, 84 FR
11859, 84 FR 16320, 84 FR 16336, 84 FR

21393, 84 FR 21401, 84 FR 27685). They have submitted evidence showing
that the vision in the better eye continues to meet the requirement
specified at Sec.  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 2 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 2 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(b), the following
groups of drivers received renewed exemptions in the month of April and
are discussed below. As of April 1, 2021, and in accordance with 49
U.S.C. 31136(e) and 31315(b), the following 58 individuals have
satisfied the renewal conditions for obtaining an exemption from the
vision requirement in the FMCSRs for interstate CMV drivers (65 FR
33406, 65 FR 45817, 65 FR 57234, 65 FR 77066, 67 FR 57266, 67 FR 68719,
67 FR 71610, 68 FR 2629, 69 FR 33997, 69 FR 52741, 69 FR 61292, 69 FR
64810, 69 FR 71100, 70 FR 7545, 71 FR 53489, 71 FR 55820, 71 FR 63379,
71 FR 66217, 72 FR 180, 72 FR 1051, 72 FR 1053, 72 FR 7812, 72 FR 9397,
73 FR 35199, 73 FR 46973, 73 FR 48275, 73 FR 51336, 73 FR 51689, 73 FR
54888, 73 FR 61922, 73 FR 61925, 73 FR 63047, 73 FR 65009, 73 FR 74563,
73 FR 74565, 73 FR 76440, 73 FR 78423, 74 FR 6211, 74 FR 6689, 75 FR
39725, 75 FR 44051, 75 FR 52062, 75 FR 52063, 75 FR 57105, 75 FR 59327,
75 FR 61833, 75 FR 65057, 75 FR 72863, 75 FR 77492, 75 FR 77949, 75 FR
79081, 75 FR 79083, 75 FR 80887, 76 FR 1493, 76 FR 2190, 76 FR 5425, 76
FR 9859, 76 FR 9861, 76 FR 9865, 76 FR 12408, 77 FR 46153, 77 FR 46793,
77 FR 52388, 77 FR 52389, 77 FR 56262, 77 FR 59245, 77 FR 60008, 77 FR
60010, 77 FR 64583, 77 FR 64839, 77 FR 68202, 77 FR 70537, 77 FR 71671,
77 FR 74273, 77 FR 74734, 77 FR 75494, 77 FR 76167, 78 FR 800, 78 FR
8689, 78 FR 10250, 78 FR 11731, 78 FR 12813, 78 FR 41975, 78 FR 56986,
79 FR 10606, 79 FR 14571, 79 FR 22003, 79 FR 28588, 79 FR 46153, 79 FR
46300, 79 FR 51642, 79 FR 51643, 79 FR 56099, 79 FR 56117, 79 FR 58856,
79 FR 64001, 79 FR 65759, 79 FR 65760, 79 FR 69985, 79 FR 70928, 79 FR
72754, 79 FR 73393, 79 FR 73397, 79 FR 73686, 79 FR 73687, 79 FR 73689,
79 FR 74168, 80 FR 603, 80 FR 2473, 80 FR 3723, 80 FR 6162, 80 FR 7678,
80 FR 7679, 80 FR 8751, 80 FR 8927, 80 FR 9304, 80 FR 15859, 80 FR
18693, 80 FR 20562, 80 FR 48411, 81 FR 39320, 81 FR 52514, 81 FR 59266,
81 FR 66720, 81 FR 68098, 81 FR 70253, 81 FR 71173, 81 FR 74494, 81 FR
80161, 81 FR 81230, 81 FR 86063, 81 FR 90050, 81 FR 96165, 81 FR 96180,
81 FR 96191, 81 FR 96196, 82 FR 12683, 82 FR 13043, 82 FR 13048, 82 FR
15277, 83 FR 15214, 83 FR 28325, 83 FR 28328, 83 FR 28335, 83 FR 34661,
83 FR 40638, 83 FR 40648, 83 FR 53724, 83 FR 56140, 83 FR 56902, 83 FR
60954, 84 FR 2305, 84 FR 2309, 84 FR 2311, 84 FR 2314, 84 FR 2323, 84
FR 2326, 84 FR 16320, 84 FR 16336, 84 FR 21401):

Ramon Adame (IL)
Terry L. Anderson (PA)
Alan A. Andrews (NE)
Jason P. Atwater (UT)
Richard D. Auger (CA)
Randal D. Aukes (MN)
Dewey E. Ballard, Jr. (SC)
Robert S. Bowen (GA)
Gerald D. Bowser (PA)
Nathan A. Buckles (IN)
Monty G. Calderon (OH)
Patricio C. Carvalho (MD)
John B. Casper (OK)
Joshua L. Cecotti (WA)
Edward Cunningham (MI)
Jeffrey D. Davis (NC)
William W. Dunn (PA)
Stephen R. Ehlenburg (IL)
Darrell B. Emery (OK)
John E. Evenson (WI)
Ronald Gaines (FL)
Marc C. Goss (NE)
Jerry L. Hayden (IA)
Christopher L. Humphries (TX)
Thomas J. Ivins (FL)
Kendall S. Lane (OK)
Garry D. Layton (TX)
Jackie Lee (FL)
Billy J. Lewis (LA)
Kenneth Liuzza (LA)
Carl A. Lohrbach (OH)
Thomas J. Long III (PA)
Lawrence D. Malecha (MN)
Wayne R. Mantela (KY)
Hollis J. Martin (AL)
Ellis T. McKneely (LA)
Patrick J. McMillen (WI)
James E. Menz (NY)
Rocky D. Moorhead (NM)
Ali Nimer (IL)
Jeffrey S. Pennell (VT)
Gary W. Phelps (PA)
Jeffrey Sanders (NC)
Stephen A. Scales (IL)
Steven D. Schlichting (NE)
Kirk Scott (CT)
Mustafa Shahadeh (OH)
Gerardo Silva (IL)
John D. Stork (IL)
Sherman L. Taylor (FL)
Jason E. Thomas (ND)
Karl M. Vanderstucken (TX)
Kenneth E. Vigue, Jr. (WA)
Khamla Vongvoraseng (NC)
James R. Wagner (IL)
Bobby M. Warren (KY)
Patricia A. White (IL)
Jeffrey D. Wilson (CO)

    The drivers were included in docket numbers FMCSA-2000-7165, FMCSA-
2000-7363, FMCSA-2002-12844, FMCSA-2004-17984, FMCSA-2006-25246, FMCSA-
2006-26066, FMCSA-2008-0106; FMCSA-2008-0231, FMCSA-2008-0266; FMCSA-
2008-0292, FMCSA-2010-0161, FMCSA-2010-0327, FMCSA-2010-0354, FMCSA-
2010-0385, FMCSA-2010-0413, FMCSA-2012-0214, FMCSA-2012-0279, FMCSA-
2012-0280, FMCSA-2013-0030, FMCSA-2014-0002, FMCSA-2014-0003, FMCSA-
2014-0010, FMCSA-2014-0011, FMCSA-2014-0296, FMCSA-2014-0298, FMCSA-
2014-0299, FMCSA-2014-0300, FMCSA-2014-0301, FMCSA-2016-0028, FMCSA-
2016-0031, FMCSA-2016-0033, FMCSA-2016-0208, FMCSA-2016-0212, FMCSA-
2018-0007, FMCSA-2018-0013, FMCSA-2018-0207, FMCSA-2018-0208, and
FMCSA-2018-0209. Their exemptions are applicable as of April 1, 2021,
and will expire on April 1, 2023.
    As of April 5, 2021, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following individual has satisfied the renewal conditions
for obtaining an exemption from the vision requirement in the FMCSRs
for interstate CMV drivers (70 FR 2701, 70 FR 16887, 72 FR 12665, 74 FR
9329, 76 FR 15360, 78 FR 16035, 80 FR 13070, 82 FR 15277, 84 FR 21401):

Donald P. Dodson, Jr. (WV)

    The driver was included in docket number FMCSA-2005-20027. The
exemption is applicable as of April 5, 2021, and will expire on April
5, 2023.
    As of April 6, 2021, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (82 FR 12678, 82 FR 18949, 84 FR
21401):

Cory W. Haupt (SD); and Kendrick T. Williams (NC)

    The drivers were included in docket number FMCSA-2016-0214. Their
exemptions are applicable as of April 6, 2021, and will expire on April
6, 2023.
    As of April 7, 2021, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following individual has satisfied the renewal conditions
for obtaining an exemption from the vision requirement

in the FMCSRs for interstate CMV drivers (80 FR 12248, 80 FR 29152, 82
FR 15277, 84 FR 21401):

Bradley J. Compton (ID)

    The driver was included in docket number FMCSA-2014-0302. The
exemption is applicable as of April 7, 2021, and will expire on April
7, 2023.
    As of April 11, 2021, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (76 FR 9856, 76 FR 20076, 78 FR
16762, 80 FR 15863, 82 FR 13187, 82 FR 15277, 82 FR 23712, 84 FR
21401):

Wesley M. Creamer (NM); and Wade C. Uhlir (MN)

    The drivers were included in docket numbers FMCSA-2011-0010, and
FMCSA-2016-0213. Their exemptions are applicable as of April 11, 2021,
and will expire on April 11, 2023.
    As of April 18, 2021, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following individual has satisfied the renewal conditions
for obtaining an exemption from the vision requirement in the FMCSRs
for interstate CMV drivers (80 FR 14223, 80 FR 33011, 84 FR 21401):

Jaroslav Cigler (IN)

    The driver was included in docket number FMCSA-2014-0304. The
exemption is applicable as of April 18, 2021, and will expire on April
18, 2023.
    As of April 20, 2021, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following individual has satisfied the renewal conditions
for obtaining an exemption from the vision requirement in the FMCSRs
for interstate CMV drivers (84 FR 10389; 84 FR 21393):

Keith A. Larson (MA)

    The driver was included in docket number FMCSA-2019-0005. The
exemption is applicable as of April 20, 2021, and will expire on April
20, 2023.
    As of April 21, 2021, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following individual has satisfied the renewal conditions
for obtaining an exemption from the vision requirement in the FMCSRs
for interstate CMV drivers (65 FR 66286, 66 FR 13825, 68 FR 10300, 70
FR 7546, 72 FR 7111, 76 FR 17483, 78 FR 18667, 80 FR 16500, 82 FR
15277, 84 FR 21401):

James R. Rieck (CA)

    The driver was included in docket number FMCSA-2000-7918. The
exemption is applicable as of April 21, 2021, and will expire on April
21, 2023.
    As of April 30, 2021, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following individual has satisfied the renewal conditions
for obtaining an exemption from the vision requirement in the FMCSRs
for interstate CMV drivers (84 FR 11859, 84 FR 27685):

Clay A. Applegarth (ND)

    The driver was included in docket number FMCSA-2019-0006. The
exemption is applicable as of April 30, 2021, and will expire on April
30, 2023.

V. 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 (ME), as defined by Sec.
390.5, who attests that the driver is otherwise physically qualified
under Sec.  391.41; (2) each driver must provide a copy of the
ophthalmologist's or optometrist's report to the ME 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(b).

VI. 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 68 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the vision
requirement in Sec.  391.41(b)(10), subject to the requirements cited
above. In accordance with 49 U.S.C. 31136(e) and 31315(b), each
exemption will be valid for two years unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-05968 Filed 3-22-21; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Rules and Regulations]
[Page 57848]
[FR Doc No: 2017-26413]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0034; FRL-9971-78--Region 5]

Approval and Promulgation of Air Quality Implementation Plans;
Minnesota; Regional Haze Progress Report; Withdrawal of Direct Final
Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to the receipt of an adverse comment, the Environmental
Protection Agency (EPA) is withdrawing the October 18, 2017, direct
final rule approving the Minnesota regional haze progress report under
the Clean Air Act as a revision to the Minnesota State Implementation
Plan (SIP).

DATES: The direct final rule published at 82 FR 48425 on October 18,
2017, is withdrawn effective December 8, 2017.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: In the direct final rule, EPA stated that if
adverse comments were submitted by November 17, 2017, the rule would be
withdrawn and not take effect. EPA received an adverse comment prior to
the close of the comment period and, therefore, is withdrawing the
direct final rule. EPA will address the comment in a subsequent final
action based upon the proposed action also published on October 18,
2017 (82 FR 48472). EPA will not institute a second comment period on
this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

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

    Dated: November 27, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
Accordingly, the amendment to 40 CFR 52.1220 published in the Federal
Register on October 18, 2017 (82 FR 48425), on page 48430 is withdrawn
effective December 8, 2017.

[FR Doc. 2017-26413 Filed 12-7-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Notices]
[Pages 67042-67044]
[FR Doc No: 2012-27292]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68147; File No. SR-OCC-2012-17]

Self-Regulatory Organizations; The Options Clearing Corporation;
Notice of No Objection to Advance Notice Filing, as Modified by
Amendment No. 1 Thereto, Relating to the Margining of Segregated
Futures Customer Accounts on a Gross Basis

November 2, 2012.

I. Introduction

    On September 14, 2012, The Options Clearing Corporation (``OCC'')
filed with the Securities and Exchange Commission (``Commission'') an
advance notice concerning a proposed rule change SR-OCC-2012-17
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Exchange Act'') \1\ and Rule 19b-4 thereunder.\2\ The proposed rule
change was published in the Federal Register on September 26, 2012.\3\
The advance notice was published in the Federal Register on October 1,
2012.\4\ On October 11, 2012, OCC filed Amendment No. 1 to the proposed
rule change and the advance notice.\5\ The Commission received no
comment letters on either publication. This publication serves as a
notice of no objection to the advance notice.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ ``Notice of Filing of Proposed Rule Change Relating to the
Margining of Segregated Futures Customer Accounts on a Gross
Basis,'' Release No. 34-67896 (September 20, 2012), 77 FR 59231
(September 26, 2012).
    \4\ ``Advance Notice Relating to the Margining of Segregated
Futures Customer Accounts on a Gross Basis,'' Release No. 34-67921
(September 25, 2012), 77 FR 59998 (October 1, 2012).
    \5\ In Amendment No. 1, OCC proposed wording changes and
responded to a CFTC interpretation concerning what constitutes
initial margin. Specifically, it amended the text of Rule 601 by
inserting the word ``initial'' before the word ``margin,'' to more
closely parallel CFTC Rule 39.13(g)(8)(i)1 which references
``initial margin.'' It also amended Item 3 of Form 19b-4 to, first,
include CFTC's definition of ``initial margin'' and second, to
clarify which components of OCC's margin calculations meets the
definition of ``initial margin'' as the term is defined under CFTC
Rules. Amendment No. 1 is technical in nature, and therefore the
Commission is not publishing Amendment No. 1 for public comment.
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II. Description of the Proposed Rule Change

    This advance notice concerns a proposed rule change. The purpose of
this proposed rule change is to provide for the calculation of initial
margin for OCC segregated futures customer accounts on a gross basis,
as required by CFTC Rule 39.13(g)(8)(i).\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 39.13(g)(8)(i).
---------------------------------------------------------------------------

The CFTC's Customer Gross Margin Rule

    On October 18, 2011, the CFTC issued final regulations implementing
many of the new statutory core principles for CFTC-registered
derivatives clearing organizations (``DCOs'') enacted under the Dodd-
Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-Frank
Act''). As a registered DCO (as well as a registered securities
clearing agency), OCC has previously implemented rule changes designed
to bring OCC into compliance with CFTC rules applicable to DCOs that
went into effect on January 9, 2012 \7\ and May 7, 2012.\8\ OCC
believes it is necessary to amend its Rules in order to ensure
compliance with the gross margin rule, which requires a DCO to
``collect initial margin on a gross basis for each clearing member's
customer account(s) equal to the sum of the initial margin amounts that
would be required by the derivatives clearing organization for each
individual customer within that account if each individual customer
were a clearing member'' \9\ as required by CFTC Rule 39.13(g)(8)(i).
The gross margin rule goes into effect on November 8, 2012; however,
OCC proposed to begin complying with the gross margin rule on November
5, 2012 as described herein.
---------------------------------------------------------------------------

    \7\ See SR-OCC-2011-18.
    \8\ See SR-OCC-2012-06.
    \9\ Derivatives Clearing Organization General Provisions and
Core Principles, 76 FR 69334, 69439 (November 8, 2011).
---------------------------------------------------------------------------

OCC's System for Calculating Margin

    OCC currently calculates margin requirements for each clearing
member's segregated futures customer account held at OCC on a net basis
by applying OCC's System for Theoretical Analysis and Numerical
Simulations (``STANS''). STANS calculates initial margin with respect
to each account of a clearing member, including each clearing member's
futures customer account(s), on a net basis. STANS includes both a net
asset value (``NAV'') component and a risk component, with the risk
component being the equivalent of ``initial margin'' as that term is
defined under CFTC Rules. The NAV component marks all positions to
market and nets long and short positions to determine the NAV of each
clearing member's portfolio of customer positions. The NAV component
represents the cost to liquidate the portfolio at current prices by
selling the net long positions and buying in the net short positions.
The risk component is estimated by means of an expected shortfall risk
measure obtained from

``Monte Carlo'' simulations designed to measure the additional asset
value required in any portfolio to eliminate an unacceptable level of
risk that the portfolio would liquidate to a deficit.
    OCC presently lacks sufficient information about individual
customer positions to calculate initial margin at the level of each
individual customer. However, OCC has been coordinating with other DCOs
to establish an industry-wide mechanism for complying with the customer
gross margin rule. Pursuant to this new system, each DCO's clearing
members will submit data files to the DCO identifying positions by
numerical customer identifiers.\10\ OCC will use this information to
calculate initial margins, using STANS, for each customer identifier of
a clearing member and to aggregate those initial margin calculations to
determine the total futures customer margin requirement for the
clearing member's segregated futures customer account(s) held at
OCC.\11\ OCC will then compare the aggregate positions reported by each
clearing member with its own records and make any needed adjustments to
the initial margin calculation to ensure all positions on OCC's books
are properly margined.
---------------------------------------------------------------------------

    \10\ The position data provided to OCC by clearing members will
not include (a) information with respect to the allocation of margin
assets to particular customers, nor (b) information with respect to
settlement obligations arising from the exercise, assignment or
maturity of cleared contracts. For this reason, OCC will treat all
margin assets and settlement obligations for each account to which
the gross margin rule applies as being in sub-accounts of the
Clearing Member. OCC will calculate margin, using STANS, separately
for each sub-account and will aggregate the calculated margin
requirements at the level of the clearing member's segregated
futures customer account to which the sub-accounts relate.
    \11\ OCC currently carries the following account types that are
segregated pursuant to Section 4d of the Commodity Exchange Act:
Segregated Futures Accounts, Segregated Futures Professional
Accounts, non-Proprietary X-M accounts, and internal non-proprietary
cross-margining accounts. All such accounts would be margined on a
gross basis under the proposed amendments to OCC Rule 601.
---------------------------------------------------------------------------

Proposed By-Law and Rule Changes

    The proposed changes to OCC's Rules provide for the calculation of
initial margin for segregated futures customer accounts on a gross
basis and mandate submission of the clearing member data files
necessary to allow OCC to calculate initial margin at the level of each
futures customer. In the event that the data included in these data
files is incomplete (for example, if OCC shows positions held in a
clearing member's segregated futures accounts, but those positions are
not reflected in the data file), OCC will create a separate sub-account
to be used for initial margin calculation purposes only. Positions
recorded on OCC's books and records, but not reflected in the data
file, will be attributed to this sub-account and an initial margin
amount will be calculated for the sub-account. This initial margin
amount will be added to a clearing member's initial margin requirement.
OCC has determined to adopt this approach to dealing with discrepancies
between its own records and clearing member data files in order to
ensure that OCC does not collect an inadequate amount of initial margin
from clearing members.

III. Description of the Advance Notice

    OCC filed its proposed rule change as an advance notice pursuant to
Section 806(e)(1) of the Payment, Clearing, and Settlement Supervision
Act of 2010 (``Clearing Supervision Act'') because OCC believed it
could be deemed to materially affect the nature or level of risks
presented by OCC. OCC's proposed rule changes would require the
collection of futures customer margin on a gross basis in order to
comply with CFTC Rule 39.13(g)(8)(i). This is expected to lead to an
increase in the amount of margin OCC collects from its clearing members
with respect to their segregated futures customer accounts held at OCC,
as well as a corresponding decrease in OCC's default risk with respect
to those accounts. This decreased risk may be material. While the
amount of initial margin collected by OCC with respect to segregated
futures customer accounts of clearing members will increase, the
fundamental processes used by OCC to calculate such initial margin
requirements will continue to rely on STANS, which OCC is not proposing
to change as a result of the gross margin rule. OCC therefore does not
expect that the nature of its risks with respect to segregated futures
customer accounts will change, merely that the level of such risk will
change.
    The industry-wide effort to implement gross initial margining for
segregated futures customer accounts could pose operational risks to
OCC due to the complexities involved in the exchange of customer-level
position data between clearing members and OCC and in ensuring that OCC
is prepared to process the information received and incorporate it into
its own margin calculations. Implementing the customer gross margin
rule changes on November 8, 2012 (a Thursday) could also exacerbate the
operational challenges involved in implementing customer gross
margining. In order to mitigate these challenges, OCC and other DCOs
have determined that it is advisable to implement these changes in
advance of the CFTC's mandatory November 8, 2012 compliance date, on
November 5, 2012 (a Monday). This is being done in coordination with
other DCOs and in order to avoid a mid-week implementation date. As the
Rule change described herein is mandated by regulations to which OCC is
subject as a registered DCO, OCC has no discretion in whether to
implement these Rule changes. Nevertheless, OCC believes that these
Rule changes will not diminish OCC's ability to ensure the safeguarding
of securities and funds in OCC's custody or control or for which OCC is
responsible.

IV. Analysis of Advance Notice

Standard of Review

    A registered clearing agency that has been designated as a
systemically important financial market utility (``FMU'') by the
Financial Stability Oversight Council (``FSOC'') must provide advance
notice of all changes to its rules, procedures or operations that
could, as defined in the rules of the supervisory agency, materially
affect the nature or level of risk presented by the clearing
agency.\12\ Absent an extension or request for additional information,
as discussed in greater detail below, the Commission is required to
notify the clearing agency of any objection regarding the proposed
change within the 60 day time frame established by Title VIII of the
Dodd-Frank Act (``Title VIII'').\13\ A designated clearing agency may
not implement a change to which its supervisory agency has objected;
\14\ however, the clearing agency is explicitly permitted to implement
a change if it has not received an objection from its supervisory
agency within the same 60 day time period.\15\
---------------------------------------------------------------------------

    \12\ 12 U.S.C. 5465(e). See also, Process for Submissions for
Review of Security-Based Swaps for Mandatory Clearing and Notice
Filing Requirements for Clearing Agencies; Technical Amendments to
Rule 19b-4 and Form 19b-4 Applicable to All Self-Regulatory
Organizations, Rel. No. 34-63557 (December 15, 2010), 75 FR 82490
(December 30, 2010) (Proposing Release); Rel. No. 34-67286 (June 28,
2012), 77 FR 41602 (July 13, 2012) (Adopting Release).
    \13\ 12 U.S.C. 5465(e)(1)(E).
    \14\ 12 U.S.C. 5465(e)(1)(F).
    \15\ 12 U.S.C. 5465(e)(1)(G).
---------------------------------------------------------------------------

    Although Title VIII does not specify a standard that the Commission
must apply to determine whether to object to an advance notice, the
Commission believes that the purpose of Title VIII, as stated under
Section 802(b),\16\ is relevant to the review of advance notices.
---------------------------------------------------------------------------

    \16\ 12 U.S.C. 5461(b).

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

    The stated purpose of Title VIII is to mitigate systemic risk in
the financial system and promote financial stability, by (among other
things) authorizing the Federal Reserve Board to promote uniform risk
management standards for systemically important FMUs, and providing an
enhanced role for the Federal Reserve Board in the supervising of risk
management standards for systemically important FMUs.\17\ Therefore,
the Commission believes that when reviewing advance notices for FMUs,
the consistency of an advance notice with Title VIII may be judged
principally by reference to the consistency of the advance notice with
applicable rules of the Federal Reserve Board governing payment,
clearing, and settlement activity of the designated FMU.\18\
---------------------------------------------------------------------------

    \17\ 12 U.S.C. 5461(b).
    \18\ See Financial Market Utilities, 77 FR 45907 (Aug. 2, 2012).
---------------------------------------------------------------------------

    Section 805(a) requires the Federal Reserve Board and authorizes
the Commission to prescribe standards for the payment, clearing, and
settlement activities of FMUs designated as systemically important, in
consultation with the supervisory agencies. Section 805(b) of the
Clearing Supervision Act \19\ requires that the objectives and
principles for the risk management standards prescribed under Section
805(a) shall be to:
---------------------------------------------------------------------------

    \19\ 12 U.S.C. 5464(b).
---------------------------------------------------------------------------

     Promote robust risk management and safety and soundness;
     Reduce systemic risks; and
     Support the stability of the broader financial system.
    The relevant rules of the Federal Reserve Board prescribing risk
management standards for designated FMUs by their terms do not apply to
designated FMUs that are clearing agencies registered with the
Commission.\20\ Therefore, the Commission believes that the objectives
and principles by which the Federal Reserve Board is required and the
Commission is authorized to promulgate such rules, as expressed in
Section 805(b) of Title VIII,\21\ are the appropriate standards at this
time by which to evaluate advance notices.\22\ Accordingly, the
analysis set forth below is organized by reference to the stated
objectives and principles in Section 805(b).
---------------------------------------------------------------------------

    \20\ 12 CFR 234.1(b).
    \21\ 12 U.S.C. 5464(b).
    \22\ The risk management standards that have been adopted by the
Commission in Rule 17Ad-22 are substantially similar to those of the
Federal Reserve Board applicable to designated FMUs other than those
designated clearing organizations registered with the CFTC or
clearing agencies registered with the Commission. See Clearing
Agency Standards, Exchange Act Release No. 34-68080 (Oct. 22, 2012).
To the extent such Commission standards are in effect at the time
advance notices are reviewed in the future, the standards would be
relevant to the analysis. Moreover, the analysis of clearing agency
rule filings under the Exchange Act would incorporate such standards
directly.
---------------------------------------------------------------------------

Discussion of Advance Notice

    OCC's proposed rule changes are expected to increase the amount of
margin collected with respect to clearing members' segregated futures
accounts held at OCC. This higher level of margin is expected to lead
to a corresponding decrease in OCC's default risk with respect to those
accounts. And while the level of risk is expected to change, OCC does
not expect that the nature of its risks to change because the
fundamental processes used to calculate initial margin will continue to
rely on the same system for margin calculations. In addition, OCC
represents that the rule change does not diminish OCC's ability to
ensure the safeguarding of the securities and funds in OCC's custody or
control.
    Moreover, OCC is making these changes in order to facilitate
compliance with a CFTC requirement. Its ability to comply with relevant
regulatory requirements and to not be faced with inconsistent
regulatory requirements (as would be the case if the Commission
objected to the proposal) promotes legal certainty and predictability
as to what OCC will require from its clearing members. This legal
certainty and predictability promotes the objectives and principles
described above.
    For these reasons, the Commission finds that OCC's proposed rule
change promotes robust risk management and safety and soundness,
reduces systemic risks and supports the stability of the broader
financial system, and therefore does not object to the advance notice.

V. Conclusion

    It is therefore noticed, pursuant to Section 806(e)(1)(I) of the
Clearing Supervision Act,\23\ that, the Commission does not object to
proposed rule change (File No. SR-OCC-2012-17) and that OCC be and
hereby is authorized to implement proposed rule change (File No. SR-
OCC-2012-17) as of the date of this notice or the date of the ``Order
Approving Proposed Rule Change, as Modified by Amendment No. 1 Thereto,
Relating to the Margining of Segregated Futures Customer Accounts on a
Gross Basis'' (File No. SR-OCC-2012-17), whichever is later.
---------------------------------------------------------------------------

    \23\ 12 U.S.C. 5465(e)(1)(I).

    By the Commission.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-27292 Filed 11-7-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: June 20, 2007 (Volume 72, Number 118)]
[Notices]
[Page 34006-34007]
[DOCID:fr20jn07-87]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0501; FRL-8136-5]

Chloropicrin,Dazomet, 1,3-Dichloropropene, Metam potassium, Metam
sodium, and Methyl bromide; Extension of Comment Periods

AGENCY: Environmental Protection Agency (EPA).

ACTION: Extension of comment periods.

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SUMMARY: EPA issued five notices in the Federal Register of May 2,
2007, announcing the availability and seeking comments on EPA's revised
human health risk assessments for the fumigants chloropicrin, dazomet,
1,3-dichloropropene, metam potassium, metam sodium, and methyl bromide.
This notice announces EPA's decision to extend the comment period from
July 2, 2007 to September 3, 2007, for the five actions.

DATES: Comments, identified by the applicable docket identification
number (see the May 2, 2007 notices) must now be received on or before
September 3, 2007.

ADDRESSES: Follow the detailed instructions as provided under ADDRESSES
in the Federal Register documents of May 2, 2007.

FOR FURTHER INFORMATION CONTACT: The applicable contact persons listed
in the Federal Register documents of May 2, 2007.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    The Agency included in the notices of May 2, 2007, a list of those
who may be potentially affected by this action. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed under FOR FURTHER INFORMATION CONTACT in the
Federal Register documents of May 2, 2007.

B. How Can I Access Electronic Copies of this Document?

    In addition to accessing an electronic copy of this Federal
Register document through the electronic docket athttp://www.regulations.gov
, you may access this Federal Register document

electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. What Action is EPA taking?

    This document extends the public comment periods for the fumigants
chloropicrin, dazomet, 1,3-dichloropropene, metam potassium, metam
sodium, and methyl bromide established in the Federal Register issued
on May 2, 2007 (72 FR 24290, FRL-8127-7), (72 FR 24292, FRL-8126-7),
(72 FR 24294, FRL-8124-8), (72 FR 24295, FRL-8125-9), and (72 FR 24297,
FRL-8125-7). In those documents, EPA announced the availability of the
risk assessments and opened 60-day public comment periods. EPA is
hereby extending the comment periods, which were set to end on July 2,
2007 to September 3, 2007.

III. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), as amended, directs that, after submission of
all data concerning a pesticide active ingredient, the Administrator
shall determine whether pesticides containing such active ingredient
are eligible for reregistration. Further provisions are made to allow a
public comment period. However, the Administrator may extend the
comment period if additional time for comment is requested. In this
case, Grimmway Farms; Certis U.S.A., L.L.C; Washington Minor Crops
Association; Washington State Potato Commission; Amalgamated Sugar
Company; Methyl Bromide Industry Task Force; the Idaho Potato Growers
Association; and other individuals have requested additional time to
develop comments. The Agency believes that an additional 60 days is
warranted.

List of Subjects

    Environmental protection, Fumigants, Pesticides and pests.

    Dated: June 13, 2007.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E7-11796 Filed 6-19-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)]
[Notices]
[Pages 47487-47488]
[FR Doc No: 2023-15603]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 15313-000]

Lock 9 Hydro Partners, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On May 26, 2023, Lock 9 Hydro Partners, LLC filed an application
for a preliminary permit, pursuant to section 4(f) of the Federal Power
Act (FPA), proposing to study the feasibility of a hydropower project
located on the Kentucky River, in Jessamine and Madison Counties,
Kentucky. The sole purpose of a preliminary permit, if issued, is to
grant the permit holder priority to file a license application during
the permit term. A preliminary permit does not authorize the permit
holder to perform any land-disturbing activities or otherwise enter
upon lands or waters owned by others without the owners' express
permission.
    The proposed Valley View Hydroelectric Project would consist of the
following: (1) an existing 242-foot-long, 35-foot-high concrete lock
and dam; (2) an existing 18.9-mile-long, 343-acre reservoir having a
total capacity of 6,550-acre-feet; (3) a proposed 28.33-foot-wide, 52-
foot-long, 48.8-foot-high powerhouse built into the abandoned lock
containing six Voith Stream Diver submersible turbine/generating units
for a total installed capacity of 3.012 megawatts; (4) a proposed 20-
foot-wide, 42-foot- long control building on the adjacent shore; and
(5) a proposed 2,000-foot-long, 12.47 kilovolt transmission line which
interconnects to a Blue Grass Energy Cooperative distribution line. The
project is estimated to generate an average of 14,000 megawatt- hours
annually. The existing lock and dam are owned by the Kentucky River
Authority.
    Applicant Contact: David Brown Kinloch, Appalachian Hydro
Associates, 414 S Wenzel Street, Louisville, KY 40204; Phone: (502)
589-0975, or by email at [email protected].

    FERC Contact: Prabharanjani Madduri; phone:<PHONE_NUMBER>, or by
email at [email protected].
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at https://ferconline.ferc.gov/eFiling.aspx. Commenters can submit brief comments
up to 6,000 characters, without prior registration, using the eComment
system at https://ferconline.ferc.gov/QuickComment.aspx. You must
include your name and contact information at the end of your comments.
For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. The first page of any filing should include docket
number P-15313-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of the
Commission's website at https://elibrary.ferc.gov/eLibrary/search.
Enter the docket number (P-15313) in the docket number field to access
the document. For assistance, contact FERC Online Support.

     Dated: July 18, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-15603 Filed 7-21-23; 8:45 am]
BILLING CODE 6717-01-P


Lynn,

Happy New Year to you.  I hope you're doing well.  My apologies for not getting this to you last night.  I'm reforwarding my original submission of November 21st.

Please let me know if I can provide anything else.

Best, David Garland

----- Forwarded Message ----- From: David Garland<EMAIL_ADDRESS>To<EMAIL_ADDRESS><EMAIL_ADDRESS>Sent: Monday, November 21, 2011 7:29 PM Subject: Docket ID: EPA-HQ-OAR-2010-1076

Subject: Docket ID: EPA-HQ-OAR-2010-1076

The following comments are in response to Proposed Rule EPA-HQ-OAR-2010-1076-0001, Air Quality: Widespread Use for Onboard Refueling Vapor Recovery and Stage II Waiver.

Although the official comment period has passed, we respectfully ask that the following comments be admitted to the docket.

The "No-Go Nozzle" (U.S. Patent No. 6,962,177 B1) was originally designed to solve the billion dollar problem of drive-off gasoline theft at the pump, by locking the nozzle into the filler pipe until the transaction is paid for, at which point the locking mechanism is released.

In addition to being the optimal solution to the problem of drive-off gasoline theft, the No-Go Nozzle has several substantial benefits from environmental and safety perspectives as well.

By creating a mechanical seal on the opening of the filler pipe, and by virtue of the design of the No-Go Nozzle, this Nozzle could:

1) Improve vapor recovery on non-ORVR cars by 17-20%; 2) Generate a small but measurable improvement on ORVR car vapor recovery; 3) Improve EVR Vacuum Assist efficacy to nearly 100%; 4) Function as a dripless nozzle under "real-world" conditions; 5) Provide all of these environmental benefits with minimal additional cost to service stations.

In addition, because the nozzle tube is constructed of stainless steel, the strength and durability of the nozzle has been improved significantly, minimizing damage and safety issues, and prolonging nozzle life.  Furthermore, if the safety and environmental features of the No-Go Nozzle are damaged, the nozzle will not function in a compromised condition, i.e. it will need to be repaired or replaced.  This is an improvement on current nozzle offerings which continue to operate in damaged condition, compromising both the environmental and safety features of these nozzles.

Additional information can be found on the No-Go Nozzle at:  www.no-gonozzle.com

Submitted by David Garland at<EMAIL_ADDRESS>