[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Notices]
[Pages 65234-65235]
[FR Doc No: 2015-27188]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4241-DR; Docket ID FEMA-2015-0002]

South Carolina; Amendment No. 5 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of South Carolina (FEMA-4241-DR), dated October 5, 2015,
and related determinations.

DATES: Effective Date: October 15, 2015.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of South Carolina is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of October 5, 2015.

    Abbeville, Anderson, Fairfield, Laurens, and McCormick Counties
for Public Assistance.
    Bamberg, Colleton, Darlington, Florence, Kershaw, and Newberry
Counties for Public Assistance (already designated for Individual
Assistance).
    Berkeley, Georgetown, Richland, and Williamsburg Counties for
Public Assistance (Categories C-G) (already designated for
Individual Assistance and debris removal and emergency protective
measures [Categories A and B], including direct federal assistance,
under the Public Assistance program).

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2015-27188 Filed 10-23-15; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Notices]
[Pages 26697-26698]
[FR Doc No: 2018-12370]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-0529]

Draft Concept Paper: Illicit Trade in Tobacco Products After
Implementation of a Food and Drug Administration Product Standard;
Extension of Comment Period

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability; extension of comment period.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) is
extending the comment period for the notice of availability (NOA) that
appeared in the Federal Register of March 16, 2018. In the NOA, FDA
requested public comment on the draft concept paper regarding the
potential for illicit trade markets to develop in response to a tobacco
product standard. The Agency is taking this action in response to a
request for an extension to allow interested persons additional time to
submit comments.

DATES: FDA is extending the comment period on the NOA published March
16, 2018 (83 FR 11754). Submit either electronic or written comments by
July 16, 2018.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before July 16, 2018. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of July 16, 2018. Comments received by
mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2018-N-0529 for ``Draft Concept Paper: Illicit Trade in Tobacco
Products after Implementation of a Food and Drug Administration Product
Standard.'' Received comments, those filed in a timely manner (see
ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Christopher Griffiths or Nate Mease,
Center for Tobacco Products, Food and Drug Administration, 10903 New
Hampshire Ave., Silver Spring, MD 20993, 1-877-287-1373,
[email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of March 16, 2018,
FDA published an NOA with a 90-day comment period to request public
comment on the draft concept paper regarding the potential for illicit
trade markets to develop in response to a tobacco product standard. The
Agency received a request for a 90-day extension of the comment period
for the NOA. The request conveyed concern that the current 90-day
comment period does not allow sufficient time to develop a meaningful
or thoughtful response to the NOA.
    FDA has considered the request and is extending the comment period
for the NOA for 30 days, until July 16, 2018. The Agency believes that
a 30-day extension allows adequate time for interested persons to
submit comments without creating significant delay.

    Dated: June 5, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-12370 Filed 6-7-18; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Rules and Regulations]
[Pages 26596-26599]
[FR Doc No: 2017-11903]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2016-0464; FRL-9962-23-Region 6]

Approval and Promulgation of Implementation Plans; Texas;
Revisions to the General Definitions for Texas Air Quality Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (the Act or CAA), the
Environmental Protection Agency (EPA) is approving revisions of the
Texas State Implementation Plan (SIP) pertaining to EPA's latest
definition of volatile organic compounds (VOC), aligning the lead
reporting threshold with the EPA's Annual Emissions Reporting Rule
(AERR), shortening the distance from the shoreline for applicable
offshore sources to report an emission inventory, and revising
terminology and definitions for clarity or consistency with the EPA's
AERR.

DATES: This rule is effective on September 6, 2017, unless EPA receives
relevant adverse comments by July 10, 2017. If EPA receives relevant
adverse comments, EPA will publish a timely withdrawal of the rule in
the Federal Register and inform the public that the rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2016-0464, at http://www.regulations.gov or via email to
<EMAIL_ADDRESS>Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the Web, cloud, or other file sharing system). For
additional submission methods, please contact Ms. Nevine Salem, (214)
665-7222<EMAIL_ADDRESS>For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the EPA
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available at either location
(e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Ms. Nevine Salem,<PHONE_NUMBER>,
<EMAIL_ADDRESS>To inspect the hard copy materials, please
schedule an appointment with Ms. Nevine Salem or Mr. Bill Deese at 214-
665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    On July 28, 2016, Texas Commission on Environmental Quality (TCEQ)
submitted a SIP revision to EPA for review and approval. The SIP
revisions include amendments to 30 TAC Section 101.1 and 101.10 in 30
TAC Chapter 101, General Air Quality Rules, Subchapter A, General Rules
and corresponding revisions to the State Implementation Plan (SIP). The
submitted revisions are described below:

1. Definitions Updates--TAC Chapter 101, Section 101.1

    EPA periodically revises the list of negligibly reactive compounds
to add or delete organic volatile compounds (VOC) from regulation on
the basis that these compounds make a negligible contribution to
tropospheric ozone \1\ formation. Section 302(s) of the CAA specifies
that the EPA has the authority to define the meaning of ``VOC,'' and
hence what compounds shall be treated as VOCs for regulatory purposes.
The policy of excluding negligibly reactive compounds from the VOC
definition was first set forth in the ``Recommended Policy on Control
of Volatile Organic Compounds'' (42 FR 35314, July 8, 1977) and was
supplemented most recently with the ``Interim Guidance on Control of
Volatile Organic Compounds in Ozone State Implementation Plans''
(Interim Guidance) (70 FR 54046, September 13, 2005). The EPA uses the
reactivity of ethane as the threshold for determining whether a
compound has negligible reactivity. Compounds that are less reactive
than, or equally reactive to, ethane under certain assumed conditions
may be deemed negligibly reactive and therefore suitable for exemption
from the regulatory definition of VOC. Compounds that are more reactive
than ethane continue to be considered VOCs for regulatory purposes and
therefore are subject to control requirements. The selection of ethane
as the threshold compound was based on a series of smog chamber
experiments that underlay the 1977 policy.
---------------------------------------------------------------------------

    \1\ Tropospheric ozone, commonly known as smog, is formed when
VOCs and nitrogen oxides (NOX) react in the atmosphere in
the presence of sunlight. Because of the harmful health effects of
ozone, the EPA and state governments limit the amount of VOCs that
can be released into the atmosphere. VOCs are those organic
compounds of carbon that form ozone through atmospheric
photochemical reactions. Different VOCs have different levels of
reactivity. That is, they do not react to form ozone at the same
speed or do not form ozone to the same extent. Some VOCs react
slowly or form less ozone; therefore, changes in their emissions
have less and, in some cases, very limited effects on local or
regional ozone pollution episodes. It has been the EPA's policy that
organic compounds with a negligible level of reactivity should be
excluded from the regulatory VOC definition so as to focus VOC
control efforts on compounds that do significantly increase ozone
concentrations. The EPA also believes that exempting such compounds
creates an incentive for industry to use negligibly reactive
compounds in place of more highly reactive compounds that are
regulated as VOCs.
---------------------------------------------------------------------------

    The EPA lists compounds that it has determined to be negligibly
reactive in its regulations as being excluded from the definition of
VOC. (40 CFR 51.100(s)). The specific organic compounds that will be
excluded from TCEQ's definition of VOC that is in the SIP with this
revision include: trans-1,3,3,3-tetrafluoropropene; 2,3,3,3-
tertrafluropropene,\2\ HCF2OCF2H (HFE-134);
HCF2OCF2OCF2H (HFE-236cal2);
HCF2OCF2CF2OCF2H (HFE-
338pcc13);
HCF2OCF2OCF2CF2OCF2
OCF2H (H-Galden 1040x or H-Galden ZT 130(or150 or 180)),\3\
trans- 1-chloro-3,3,3-trifluoroprop-1-ene,\4\ and 2-amino-2-methyl-1-
propanol,\5\ Texas is updating its SIP to be consistent with current
EPA definitions to provide clarity and consistency for owners and
operators of sources subject to TCEQ rules regarding VOC control.
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    \2\ See 78 FR 62451, October 22, 2013--Exclusion of trans-1&2,
3,3,3,-tetrafluoropropene.
    \3\ See 78 FR 9823, February 12, 2013--Exclusion of group of
four Hydrofluoropolyethers (HPEPs).
    \4\ See 78 FR 53029, August 28, 2013--Exclusion of trans 1-
Chloro-3,3,3 trifluoroprop-1-ene.
    \5\ See 79 FR 17037, March 27, 2014--Exclusion of 2-amino-2-
methyl-1-propanol.

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2. Emission Inventory Requirements in TAC Chapter 101, Section 101.10

A. Lead Reporting Threshold
    On February 6, 2015 (80 FR 8787), the EPA finalized revisions to 40
Code of Federal Regulations (CFR) Part 51, Subpart A, Air Emissions
Reporting Rule (AERR) and in 40 CFR 51.122 that lowered the lead (Pb)
point source reporting threshold to 0.5 tons per year (tpy). The
purpose of this change was to match requirements of the Pb Ambient Air
Monitoring Requirements rule (75 FR 81126), which required monitoring
agencies to install and operate source-oriented ambient monitors near
Pb sources emitting 0.50 tpy or more by December 27, 2011. With this
action, the EPA lowered the point source threshold for Pb emissions to
0.5 tons per year (tpy) of actual emissions. The current TCEQ emissions
inventory (EI) reporting rule at 30 TAC Section 101.10 in the SIP (and
previous version of the AERR) language requires a source to submit an
EI if it has 10 tpy or more of actual or 25 tpy or more of potential
lead emissions. Currently, the data needed to meet the new EPA lead
reporting threshold requirement are collected under TCEQ's special
inventory \6\ which requires TCEQ to annually identify and contact
these sources for an inventory. This revision for lowering the lead
reporting threshold aligns 30 TAC Section 101.10 with the reporting
requirements in the EPA's AERR (40 CFR part 51) and would require
sources to self-identify and report a full and complete EI annually if
they emit 0.5 tpy or more of lead.
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    \6\ Special Inventories: Any person owing or operating a source
of air emissions which is or could be affected by any rule or
regulation of the commission (TCEQ) shall file emissions-related
data with the commission (upon request by the executive director or
a designated representative of the commission) as necessary data may
take special procedure arrangements with the Emissions Assessments
Section to submit data separate from routine emission inventory
submissions or other arrangements as necessary to support claims of
confidentiality.
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B. Off-Shore Emission Inventory Reporting Requirement
    Under the current SIP, sources within 25 statute \7\ miles from the
shoreline are required to submit an EI if the source meets one of the
reporting threshold in 30 TAC Section 101.10. TCEQ proposed amendment
shortens the applicable distance for a site on waters from 25 statute
miles to 9.0 nautical \8\ miles (10.4 statute miles) from the
shoreline.\9\ Texas' territorial waters only extend 9.0 nautical miles.
At this time, no sites located between 9.0 nautical miles and 25
statute miles from the shoreline are reporting EIs to Texas. If a site
existing between 9.0 nautical miles and 25 statute miles from shore
should be required to report in the future, this site would be captured
in a federal EI. This revision to align Texas rules with the current
federal regulations found in 40 CFR part 51 will clarify requirements
in 30 TAC Section 101.10 and change applicability to sources that are
within 9.0 nautical miles of the shoreline in accordance with state and
federal jurisdiction over offshore sources.
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    \7\ Statute mile = 1 mile (1.6 kilometer).
    \8\ A nautical mile is based on the circumference of the earth,
and is equal to one minute of latitude. It is slightly more than a
statute (land measured) mile (1 nautical mile = 1.1508 statute
miles). Nautical miles are used for charting and navigating.
    \9\ 43 U.S.C. 1301.
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C. Definition and Terminology Revisions
    a. 30 TAC Section 101.10(a) requires an inventory to be submitted
on forms or other media. The commission adopted amendment removes the
redundant phrase ``forms or other'' from this subsection. The phrase
``media'' succinctly covers this requirement.
    b. Currently, the data needed to meet the new EPA lead reporting
threshold requirement as discussed previously are collected under the
special inventory requirement in the SIP's subsection (b)(2) and (3).
The amendment in TCEQ's revision makes the requirement clear to the
community and does not require the agency to rely on the special
inventory provision to collect data that is reported annually.
    c. All owners or operators of accounts continuing to meet the SIP's
reporting requirements in subsection (a) are required to annually
update their EI. The amendment adds subsection (a)(5) to the list of
applicability requirements listed in subsection (b)(2) that are
required to submit an annual emissions inventory update (AEIU). This
addition includes the adopted inclusion of the new lead reporting
requirement to this existing requirement.
    d. An amendment in subsection (a)(5) to change the units from
``tons'' to ``tpy'' to more clearly define the period over which the
emissions are calculated. An annual time-period has always been assumed
for this applicability by the State and EPA but the amendment is to
clarify.
    e. The term ``microns'' is changed to ``micrometers' in the
adoption to align language in 30 TAC Section 101.10(b)(1) with the
reporting rule in AERR. In applied sciences, a micron is commonly
accepted alternative term to micrometer, and thus, the adopted
amendment has no effect on the population of sources required to report
an EI or on the methodology for estimating emissions.
    f. Particulate matter with aerodynamic diameter less than or equal
to 2.5 micrometers (PM2.5) is added to the list of
contaminants that shall be reported in the EI under subsection (b). The
list includes the phrase ``any other contaminants'', PM2.5
is subject to the NAAQS and is already required for inclusion in an EI.
However, specifically listing PM2.5 clarifies the reporting
requirement and does not change any existing reporting requirement to
the agency.
    g. A second certifying statement has been added as 30 TAC Section
101.10(d)(2). Texas Health and Safety Code (THSC), Section 382.0215(f)
requires that an owner or operator that is required to submit an EI and
had no emissions events during the reporting year must include as part
of the inventory a statement to this effect. The EI update process and
reporting forms already include this certifying statement. An EI cannot
be considered completed or for electronically submitted accounts,
submitted without either completing this certification or submitting
emissions event data. The amendments do not change this practice nor
the wording in the certifying statement on the EI; it only includes the
existing practice, which is required by THSC Section 382.0215 and
reflected in 30 TAC Section 101.10.

II. The EPA's Evaluation

    On July 28, 2016, TCEQ submitted SIP revisions to EPA for review
and approval. The revisions amend Emission Inventory and General Air
Quality rules in 30 TAC Chapter 101. The amended rules will incorporate
EPA's latest finalized definitions of VOC compounds, align the lead
reporting threshold with the AERR, shorten the distance from the
shoreline for applicable offshore sources to report an emission
inventory, and revise terminology and definitions for clarity and
consistency with the EPA's AERR. These changes are consistent with
section 110 of the CAA and meet the regulatory requirements pertaining
to the SIPs.

III. Final Action

    Pursuant to section 110 of the CAA, EPA is approving the SIP
revisions TCEQ submitted to EPA regarding the above revisions to 30 TAC
Chapter 101 Emissions Inventory and General Definitions update. These
revisions are consistent with section 110 of the CAA and meet the
regulatory requirements pertaining to SIPs.

    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipate no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective
September 6, 2017 without further notice unless the Agency receives
relevant adverse comments by July 10, 2017. If EPA receives relevant
adverse comments, EPA will publish a timely withdrawal of the rule in
the Federal Register and inform the public that the rule will not take
effect.

IV. Incorporation by Reference

    In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to the Texas regulations as described in the Final
Action section above. We have made, and will continue to make, these
documents generally available electronically through
www.regulations.gov and/or in hard copy at the EPA Region 6 office.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
    Samuel Coleman was designated the Acting Regional Administrator on
May 24, 2017 through the order of succession outlined in Regional Order
R6-1110.13, a copy of which is included in the docket for this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: May 24, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

0
2. In Sec.  52.2270(c), the table titled ``EPA Approved Regulations in
the Texas SIP'' is amended by revising the entries for Sections
101.1and 101.10.
    The revisions read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                   State approval/
        State citation            Title/subject       submittal       EPA approval date          Explanation
                                                        date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                  Chapter 101--General Air Quality Regulations
----------------------------------------------------------------------------------------------------------------
                                           Subchapter A--General Rules
----------------------------------------------------------------------------------------------------------------
Section 101.1................  Definitions.......        7/6/2016  6/8/2017, [Insert
                                                                    Federal Register
                                                                    citation].

                                                  * * * * * * *
Section 101.10...............  Emissions                 7/6/2016  6/8/2017, [Insert
                                Inventory                           Federal Register
                                Requirements.                       citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-11903 Filed 6-7-17; 8:45 am]
BILLING CODE 6560-50-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES MEMORANDUM DATE: 11/ 03/ 00 SUBJECT: Cypermethrin and Zeta Cypermethrin  Conclusions of the Meeting of Metabolism Assessment Review Committee ( 10/ 10/ 00).

DP Barcode: D269584 PRAT Case#: 191525 Submission #: S570509 Caswell#: None Chemical#: 109702, 129064 Class: insecticide Trade Name: Fury ® 1.5 EW EPA Reg#: 279 3126 Fury ® 1.5 EC 279 3125 Ammo ® 2.5 EC 279 3027 40 CFR: 180.418 MRID: none TO: George Kramer, Ph. D. Chemist MARC Executive Secretary RAB1/ HED ( 7509C)

FROM: Yan Donovan, Chemist RAB2/ Health Effects Division ( 7509C)

THRU: Richard Loranger, Ph. D., Branch Senior Scientist RAB2/ Health Effects Division ( 7509C) and Christine Olinger, Chair of MARC Health Effects Division ( 7509C) 2 A. Material Reviewed The Committee reviewed and discussed the material in the 10/ 02/ 00 Issues Memo of Yan Donovan and Alan Levy, which includes the new submitted acute toxicity ( oral LD50 in the rat; MRID# 44952001) and Mutagenicity Assay ( Ames Assay; MRID# 44952002) studies for metabolite DCVA.

B. Conclusions Nature of the Residue in Plant and in Animals The Committee concluded that, for the case of cypermethrin and zeta cypermethrin only, the parent compound is the only residue of concern which needs to be included in the tolerance expression and used for dietary risk assessment, including drinking water. Metabolite DCVA will not be included in the risk assessment and therefore can be waived in future residue analyses of samples from cypermethrin and zeta cypermethrin studies. This decision regarding DCVA does not extend to other pyrethroids which generate this metabolite. Each such insecticide needs to be examined individually with respect to DCVA.

c. Supporting Reasons The Committee used the following conclusions/ facts in supporting the conclusion drawn above:

 The submitted salmonella reverse mutation assay ( Ames assay) conducted with DCVA indicated that the compound ( DCVA) was negative in the presence and absence of metabolic activation in all five tester strains. The submitted acute oral toxicity study in rats conducted with DCVA concluded that for metabolite DCVA, the acute oral LD50 is 1609 mg/ kg for males and 1192 mg/ kg for females. These values are higher than those for the parent compounds ( Cypermethrin: LD50 = 247 mg/ kg for males, LD50 = 309 mg/ kg for females; Zeta cypermethrin: LD50 = 134.4 mg/ kg for males, LD50 = 86.0 mg/ kg for females). Although these toxicity study results eased some of the toxicity concerns for DCVA, they do not completely remove all concerns. The Committee was concerned with the presence of the electrophilic dichlorovinyl group. A 90 day study will be more helpful to address the toxicity of DCVA.

 Regardless of the fact that there are still toxicity concerns for DCVA, the residue data indicated that in majority of the crops, parent compound accounts for at least 3 90% of the total residue, with only a few exceptions. In those crops where DCVA was found > 10%, either the detected DCVA levels are below the limit of quantitation ( LOQ) or the maximum animal dietary burden contributions from DCVA for these commodities are about equal to or less than the LOQ.

 The DCVA levels in the animal tissues, liver and kidney are greater than those of the parent. However, considering that these are secondary residues and these foods contribute little to the total dietary exposure, the amount of DCVA would be negligible in the risk assessment.

S EFED provided information which indicates that at neutral pH, parent compound is stable.

D. Individuals in Attendance 1. Metabolism Assessment Review Committee George Kramer, Nancy Dodd, Kit Farwell, Cheng Leung, John Doherty, and Alberto Protzel.

2. Scientists ( non Committee members)

Yan Donovan, Pam Hurley, and Jose Melendez ( EFED representative)

3. Committee members in Absentia Sanjivani Diwan, Christine Olinger, William Wassell cc: Yan Donovan; Reading file.


[Federal Register Volume 87, Number 32 (Wednesday, February 16, 2022)]
[Notices]
[Pages 8921-8922]
[FR Doc No: 2022-03288]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-28454]

Petition for Expansion of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on January 29, 2022, Union
Pacific Railroad Company (UPRR) petitioned the Federal Railroad
Administration (FRA) for an expansion of a waiver of compliance from
certain provisions of the Federal railroad safety regulations contained
at 49 CFR part 232 (Brake System Safety Standards for Freight and Other
Non-Passenger Trains and Equipment; End-Of-Train Devices). The relevant
FRA Docket Number is FRA-2007-28454.
    UPRR's existing waiver in this docket provides conditional relief
from the requirements for performing the single car air brake test
(SCABT) as prescribed in 49 CFR 232.305(b)(2), Single car air brake
tests. The relief allows UPRR to replace non-FRA condemnable wheelsets
on railcars as part of an in-train wheelset replacement program at
North Platte, Nebraska, and Roseville, California, without the need to
also perform the SCABT as required, if the car has not received a SCABT
within the previous 12 months.
    In this petition, UPRR requests to expand the scope of relief for
in-train wheel replacement beyond the two current facilities to also
include the South Morrill, Nebraska, facility. UPRR states that the
original waiver and subsequent extensions have had no adverse effect on
safety, and that UPRR has operated under the guidelines set forth in
the waiver.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted at www.regulations.gov.
Follow the online instructions for submitting comments.
    Communications received by April 4, 2022 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), the U.S. Department of Transportation (DOT)
solicits comments from the public to better inform its processes. 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
https://www.transportation.gov/privacy. See also https://
www.regulations.gov/

privacy-notice for the privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2022-03288 Filed 2-15-22; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Notices]
[Page 26456]
[FR Doc No: 2018-12242]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER18-1535-000]

Montauk Energy Storage Center, LLC; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced proceeding of
Montauk Energy Storage Center, LLC`s application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is June 21, 2018.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected]. or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: June 1, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-12242 Filed 6-6-18; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 64 (Monday, April 4, 2022)]
[Rules and Regulations]
[Pages 19384-19386]
[FR Doc No: 2022-07023]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0149]
RIN 1625-AA87

Security Zone; Lower Mississippi River, New Orleans, LA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone for
all navigable waters within 400 yards of the Left Descending Bank (LDB)
of the Lower Mississippi River (LMR) between Mile Marker (MM) 94.5 and
MM 96, Above Head of Passes (AHP), New Orleans, LA. This security zone
is necessary to provide security and protection for visiting vessels
and personnel during the events related to the Navy Week New Orleans
2022. Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port Sector New Orleans
(COTP) or a designated representative.

DATES: This rule is effective from 7 a.m. on April 19, 2022, through
noon on April 22, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0149 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander William A. Stewart, Sector New
Orleans, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

AHP Above Head of Passes
CFR Code of Federal Regulations
COTP Captain of the Port Sector New Orleans
DHS Department of Homeland Security
FR Federal Register
LDB Left Descending Bank
LMR Lower Mississippi River
MM Mile Marker
TFR Temporary Final Rule
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it would be impracticable. We must
establish this security zone by April 19, 2022, in order to provide
proper security for visiting vessels and personnel, and we do not have
sufficient time to request and respond to comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is needed to provide adequate security to protect the public
during the Navy Week event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Secor New
Orleans (COTP) has determined that the increased number of personnel
and vessels anticipated to be visiting the city during the Navy Week
New Orleans 2022 requires certain security measures to ensure that the
persons and property are kept secure during the events. The Coast Guard
determined that a temporary security zone is needed for this and
related events that will be taking place adjacent to a portion of Lower
Mississippi River (LMR).

IV. Discussion of the Rule

    This rule establishes a temporary security zone from 7 a.m. to 7
p.m. on April 19, 2022 through April 21, 2022 and from 7 a.m. to noon
on April 22, 2022. The security zone will cover all navigable waters
within 400 yards of the Left Descending Bank (LDB) of the LMR between
Mile Marker (MM) 94.5 to MM

96, AHP, New Orleans, LA. This temporary zone is necessary in order to
provide waterside security for the protection of vessels and visitors
attending the events related to the Navy Week New Orleans 2022. No
vessel or person will be permitted to enter the security zone without
obtaining permission from the COTP or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned to units under the operational
control of USCG Sector New Orleans. They may be contacted on VHF-FM
Channel 16 or 67 or by telephone at<PHONE_NUMBER>.
    Persons and vessels permitted to enter this security zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
    The COTP or a designated representative will inform the public of
the enforcement times and date for this regulated area through
Broadcast Notices to Mariners (BNMs), Local Notice to Mariners (LNMs),
and/or Marine Safety Information Bulletins (MSIBs), as appropriate.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on size, location,
and duration of the security zone. The security zone will cover all
navigable waters within 400 yards of the Left Descending Bank (LDB) of
the LMR between Mile Marker (MM) 94.5 to MM 96, AHP, New Orleans, LA
and will be enforced for only four days. Vessel traffic will be able to
safely transit around this security zone which will impact a small
designated area of the Mississippi River near New Orleans, LA for a
limited number of days and will not overly impede vessel traffic during
the period in effect. Moreover, rule allows vessels to seek permission
to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
establishing a security zone to protect the public in a small
designated area of the Mississippi River near New Orleans, LA for a
limited number of days. It is categorically excluded from further
review under paragraph L60 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the

person listed in the FOR FURTHER INFORMATION CONTACT section to
coordinate protest activities so that your message can be received
without jeopardizing the safety or security of people, places or
vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T08-0149 to read as follows:

Sec.  165.T08-0149   Security Zone; Mississippi River, New Orleans, LA.

    (a) Location. The following area is a security zone: All navigable
waters of Mississippi River, New Orleans, LA, within 400 yards of the
Left Descending Bank (LDB) of the Lower Mississippi River (LMR) between
Mile Marker (MM) 94.5 and MM 96, Above Head of Passes (AHP), New
Orleans, Louisiana.
    (b) Definitions. As used in this section, a designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard (USCG) assigned to units under the operational control of
USCG Sector New Orleans.
    (c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the Captain of
the Port Sector New Orleans (COTP) or the COTP's designated
representative.
    (2) Vessel requiring entry into this regulated area must request
permission from the COTP or a designated representative. They may be
contacted on VHF-FM Channel 16 or 67 or by telephone at<PHONE_NUMBER>.
    (3) Persons and vessels permitted to enter this security zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
    (d) Enforcement period. This section will be enforced from 7 a.m.
to 7 p.m. on April 19, 2022, through April 21, 2022, and from 7 a.m. to
noon on April 22, 2022.
    (e) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement times and date
for this regulated area through Broadcast Notices to Mariners (BNMs),
Local Notice to Mariners (LNMs), and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.

    Dated: March 29, 2022.
W.E. Watson,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2022-07023 Filed 4-1-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Notices]
[Pages 59253-59256]
[FR Doc No: 2016-20573]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78642; File No. SR-NASDAQ-2016-071]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Approving a Proposed Rule Change, as Modified by Amendment No. 1, To
List and Trade Shares of the First Trust CEF Income Opportunity ETF and
the First Trust Municipal CEF Income Opportunity ETF

August 23, 2016.

I. Introduction

    On May 10, 2016, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Exchange Act''),\1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to list and trade shares
(``Shares'') of the First Trust CEF Income Opportunity ETF (``CEF
Income Opportunity Fund'') and First Trust Municipal CEF Income
Opportunity ETF (``Municipal CEF Income Opportunity Fund'' and
collectively, ``Funds'') under Nasdaq Rule 5735. On May 20, 2016, the
Exchange submitted Amendment No. 1 to the proposed rule change.\3\ The
Commission published notice of the proposed rule change, as

modified by Amendment No. 1, in the Federal Register on May 31,
2016.\4\ The Commission received one comment letter on the proposed
rule change.\5\ This order approves the proposed rule change, as
modified by Amendment No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 is available at https://www.sec.gov/comments/sr-nasdaq-2016-71/nasdaq2016071-2.pdf.
    \4\ See Securities Exchange Act Release No. 77895 (May 24,
2016), 81 FR 34407 (NASDAQ-2016-071) (``Notice'').
    \5\ See letter from Stephanie Price, dated May 31, 2016. Because
the comment is not directly relevant to the proposed rule change,
the Commission does not address the comment herein.
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II. The Exchange's Description of the Proposal \6\
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    \6\ Additional information regarding the Fund, the Shares, and
the Trust (as defined herein), including investment strategies,
investment restrictions, risks, creation and redemption procedures,
fees, portfolio holdings, disclosure policies, calculation of net
asset value (``NAV''), distributions, and taxes, among other things,
can be found in the Notice and the Registration Statement, as
applicable. See Notice, supra note 4, and Registration Statement,
infra note 7.
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    The Exchange proposes to list and trade the Shares under Nasdaq
Rule 5735, which governs the listing and trading of Managed Fund Shares
on the Exchange. The Shares will be offered by First Trust Exchange-
Traded Fund VIII (``Trust''), which was established as a Massachusetts
business trust on February 22, 2016.\7\ The investment advisor to the
Funds will be First Trust Advisors L.P. (``Adviser'').\8\ The
Distributor will be the principal underwriter and distributor of the
Shares. The Bank of New York Mellon Corporation will act as the
administrator, accounting agent, custodian and transfer agent to the
Funds.
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    \7\ The Trust is registered with the Commission as an investment
company and has filed a registration statement on Form N-1A
(``Registration Statement'') with the Commission. See Registration
Statement on Form N-1A for the Trust, dated March 14, 2016 (File
Nos. 333-210186 and 811-23147). In addition, the Exchange states
that the Commission has issued an order, upon which the Trust may
rely, granting certain exemptive relief under the 1940 Act. See
Investment Company Act Release No. 28468 (October 27, 2008) (File
No. 812-13477).
    \8\ The Adviser is not a broker-dealer, but it is affiliated
with First Trust Portfolios L.P. (``Distributor''), a broker-dealer,
and has implemented and will maintain a fire wall with respect to
its broker-dealer affiliate regarding access to information
concerning the composition and/or changes to a portfolio. The Funds
do not currently intend to use a sub-adviser. In the event (a) the
Adviser or any sub-adviser registers as a broker-dealer, or becomes
newly affiliated with a broker-dealer, or (b) any new adviser or
sub-adviser is a registered broker-dealer or becomes affiliated with
another broker-dealer, it will implement and will maintain a fire
wall with respect to its relevant personnel and/or such broker-
dealer affiliate, as applicable, regarding access to information
concerning the composition and/or changes to a portfolio and will be
subject to procedures designed to prevent the use and dissemination
of material non-public information regarding such portfolio. In
addition, personnel who make decisions on each Fund's portfolio
composition will be subject to procedures designed to prevent the
use and dissemination of material non-public information regarding
such Fund's portfolio.
---------------------------------------------------------------------------

Principal Investments of the Funds

    The investment objective of the CEF Income Opportunity Fund will be
to seek to provide current income with a secondary emphasis on total
return. Under normal market conditions,\9\ the CEF Income Opportunity
Fund will seek to achieve its investment objective by investing at
least 80% of its net assets in closed-end funds.\10\
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    \9\ The term ``under normal market conditions'' includes, but is
not limited to, the absence of adverse market, economic, political,
or other conditions, including extreme volatility or trading halts
in the securities markets or the financial markets generally;
operational issues causing dissemination of inaccurate market
information; or force majeure type events such as systems failure,
natural or man-made disaster, act of God, armed conflict, act of
terrorism, riot or labor disruption or any similar intervening
circumstance.
    \10\ The closed-end funds in which each Fund invests (``Closed-
End Funds'') will be registered under the 1940 Act and listed and
traded in the U.S. on registered exchanges.
---------------------------------------------------------------------------

    The investment objective of the Municipal CEF Income Opportunity
Fund will be to seek to provide current income. Under normal market
conditions, the Municipal CEF Income Opportunity Fund will seek to
achieve its investment objective by investing at least 80% of its net
assets (including investment borrowings) in a portfolio of municipal
closed-end funds.

Non-Principal Investments for Each Fund

    While under normal market conditions each Fund will invest at least
80% of its net assets as described above, each Fund may invest (in the
aggregate) up to 20% of its net assets in the following securities and
instruments.
    Each Fund may invest in exchange-traded funds (``ETFs'') \11\ and
exchange-traded notes (``ETNs'').\12\
---------------------------------------------------------------------------

    \11\ ETFs held by either Fund will be listed and traded on a
national securities exchange. Each Fund may invest in inverse ETFs;
neither Fund will invest in leveraged or inverse leveraged (e.g., 2X
or -3X) ETFs. See Notice, supra note 4, 81 FR 34409, n.10.
    \12\ The Exchange represents that while the Funds may invest in
inverse ETNs, the Funds will not invest in leveraged or inverse
leveraged (e.g., 2X or -3X) ETNs. See id. at 34409, n.11.
---------------------------------------------------------------------------

    Each Fund may invest in money market mutual funds that will be
investment companies registered under the 1940 Act.
    Each Fund may hold cash or invest in the following short-term debt
instruments: \13\ (1) Fixed rate and floating rate U.S. government
securities, including bills, notes and bonds differing as to maturity
and rates of interest, which are either issued or guaranteed by the
U.S. Treasury or by U.S. government agencies or instrumentalities; (2)
certificates of deposit issued against funds deposited in a bank or
savings and loan association; (3) bankers' acceptances, which are
short-term credit instruments used to finance commercial transactions;
(4) repurchase agreements,\14\ which involve purchases of debt
securities; (5) bank time deposits, which are monies kept on deposit
with banks or savings and loan associations for a stated period of time
at a fixed rate of interest; and (6) commercial paper, which is short-
term unsecured promissory notes.\15\
---------------------------------------------------------------------------

    \13\ The Exchange represents that these short-term debt
instruments will be issued by issuers having a long-term debt rating
of at least BBB-/Baa3 by Standard & Poor's Ratings Services, a
Division of The McGraw-Hill Companies, Inc., Moody's Investors
Service, Inc. or Fitch Ratings and will have a maturity of one year
or less. See id. at 34409, n.12.
    \14\ The Exchange states that each Fund intends to enter into
repurchase agreements only with financial institutions and dealers
believed by the Adviser to present minimal credit risks in
accordance with criteria approved by the Board of Trustees of the
Trust. The Adviser will review and monitor the creditworthiness of
such institutions. The Adviser will monitor the value of the
collateral at the time the transaction is entered into and at all
times during the term of the repurchase agreement. See id. at 34409,
n.13.
    \15\ The Exchange represents that each Fund may only invest in
commercial paper rated A-1 or higher by S&P Ratings, Prime-1 or
higher by Moody's or F1 or higher by Fitch. See id. at 34409, n.14.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the Exchange's
proposal to list and trade the Shares is consistent with the Exchange
Act and the rules and regulations thereunder applicable to a national
securities exchange.\16\ In particular, the Commission finds that the
proposed rule change, as modified by Amendment No. 1, is consistent
with Section 6(b)(5) of the Exchange Act,\17\ which requires, among
other things, that the Exchange's rules be designed to prevent
fraudulent and manipulative acts and practices, 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. The
Commission also finds that the proposal to list and trade the Shares on
the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the

Exchange Act,\18\ which sets forth Congress's finding that it is in the
public interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for and transactions in securities.
---------------------------------------------------------------------------

    \16\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \17\ 15 U.S.C. 78f(b)(5).
    \18\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

    The Commission believes that the proposal to list and trade the
Shares is reasonably designed to promote fair disclosure of information
that may be necessary to price the Shares appropriately and to prevent
trading when a reasonable degree of transparency cannot be assured. As
stated in the Notice, the Exchange will obtain a representation from
the issuer of the Shares that the NAV per Share will be calculated
daily and that the NAV and the Disclosed Portfolio will be made
available to all market participants at the same time. According to the
Exchange, quotation and last-sale information for the Shares will be
available via Nasdaq proprietary quote and trade services, as well as
in accordance with the Unlisted Trading Privileges and the Consolidated
Tape Association (``CTA'') plans for the Shares. Quotation and last-
sale information for the Closed-End Funds, ETFs, and ETNs will be
available from the exchanges on which they are traded as well as in
accordance with any applicable CTA plans. Pricing information for
short-term U.S. government securities, commercial paper, bankers'
acceptances, repurchase agreements, bank time deposits, and
certificates of deposit will be available from major broker-dealer
firms and/or major market data vendors or pricing services. Pricing
information for Closed-End Funds, ETFs, and ETNs will be available from
the applicable listing exchange (as indicated above) and from major
market data vendors. Prices for money market mutual funds will be
available through the applicable fund's Web site or from major market
data vendors. In addition, for each Fund, an estimated value, defined
in Exchange Rule 5735(c)(3) as the ``Intraday Indicative Value,'' that
reflects an estimated intraday value of the Fund's Disclosed Portfolio,
will be disseminated. Moreover, the Intraday Indicative Value,
available on the NASDAQ OMX Information LLC proprietary index data
service,\19\ will be based upon the current value for the components of
the Disclosed Portfolio and will be updated and widely disseminated by
one or more major market data vendors and broadly displayed at least
every 15 seconds during the Regular Market Session.\20\
---------------------------------------------------------------------------

    \19\ The Exchange states that the NASDAQ OMX Global Index Data
Service (``GIDS'') is the Nasdaq global index data feed service,
offering real-time updates, daily summary messages, and access to
widely followed indexes and Intraday Indicative Values for ETFs. See
Notice, supra note 4, 81 FR at 34411, n.25.
    \20\ The Exchange states that premiums and discounts between the
Intraday Indicative Value and the market price may occur, but that
the dissemination of the Intraday Indicative Value, together with
the Disclosed Portfolio, will allow investors to determine the value
of the underlying portfolio of a Fund on a daily basis and will
provide a close estimate of that value throughout the trading day.
See id. at 34411.
---------------------------------------------------------------------------

    Nasdaq will halt trading in the Shares under the conditions
specified in Nasdaq Rules 4120 and 4121, including the trading pauses
under Nasdaq Rules 4120(a)(11) and (12). Trading may be halted because
of market conditions or for reasons that, in the view of the Exchange,
make trading in the Shares inadvisable.\21\ Trading in the Shares also
will be subject to Rule 5735(d)(2)(D), which sets forth circumstances
under which trading in the Shares may be halted.\22\
---------------------------------------------------------------------------

    \21\ These may include: (1) The extent to which trading is not
occurring in the securities and/or the other assets constituting the
Disclosed Portfolio of a Fund; or (2) whether other unusual
conditions or circumstances detrimental to the maintenance of a fair
and orderly market are present.
    \22\ The Exchange represents that it deems the Shares to be
equity securities, thus rendering trading in the Shares subject to
Nasdaq's existing rules governing the trading of equity securities.
See id. at 34411.
---------------------------------------------------------------------------

    The Exchange represents that it has a general policy prohibiting
the distribution of material, non-public information by its
employees.\23\ Nasdaq Rule 5735(g) further requires that personnel who
make decisions on the open-end fund's portfolio composition must be
subject to procedures designed to prevent the use and dissemination of
material non-public information regarding the open-end fund's
portfolio. The Exchange states that the Adviser is not a broker-dealer,
but it is affiliated with the Distributor, a broker-dealer, and has
implemented and will maintain a fire wall with respect to its broker-
dealer affiliate regarding access to information concerning the
composition and/or changes to a portfolio. In the event (a) the Adviser
or any sub-adviser registers as a broker-dealer, or becomes newly
affiliated with a broker-dealer, or (b) any new adviser or sub-adviser
is a registered broker-dealer or becomes affiliated with another
broker-dealer, it will implement and will maintain a fire wall with
respect to its relevant personnel or such broker-dealer affiliate, as
applicable, regarding access to information concerning the composition
and/or changes to a portfolio and will be subject to procedures
designed to prevent the use and dissemination of material non-public
information regarding such portfolio. In addition, personnel who make
decisions on each Fund's portfolio composition will be subject to
procedures designed to prevent the use and dissemination of material
non-public information regarding such Fund's portfolio.\24\
---------------------------------------------------------------------------

    \23\ See id. at 34412.
    \24\ See supra, note 8.
---------------------------------------------------------------------------

    In support of this proposal, the Exchange has made the following
representations:
    (1) The Shares will conform to the initial and continued listing
criteria under NASDAQ Rule 5735.\25\
---------------------------------------------------------------------------

    \25\ See Notice, supra note 4, 81 FR at 34412.
---------------------------------------------------------------------------

    (2) Trading in the Shares will be subject to the existing trading
surveillances, administered by both Nasdaq and also the Financial
Industry Regulatory Authority (``FINRA'') on behalf of the Exchange,
and these procedures are adequate to properly monitor Exchange trading
of the Shares in all trading sessions and to deter and detect
violations of Exchange rules and applicable federal securities
laws.\26\
---------------------------------------------------------------------------

    \26\ See id. at 34411-12. FINRA surveils trading on the Exchange
pursuant to a regulatory services agreement. The Exchange is
responsible for FINRA's performance under this regulatory services
agreement. See id. at 34412, n.27.
---------------------------------------------------------------------------

    (3) FINRA, on behalf of the Exchange, will communicate as needed
regarding trading in the Shares and the Closed-End Funds, ETFs, and
ETNs held by the Funds with other markets and other entities that are
members of the Intermarket Surveillance Group (``ISG''), and FINRA may
obtain trading information regarding trading in the Shares and such
securities held by the Funds from such markets and other entities. In
addition, the Exchange may obtain information regarding trading in the
Shares and the Closed-End Funds, ETFs, and ETNs held by the Funds from
markets and other entities that are members of ISG, which includes
securities exchanges, or with which the Exchange has in place a
comprehensive surveillance sharing agreement. Moreover, FINRA, on
behalf of the Exchange, will be able to access, as needed, trade
information for certain fixed income securities held by the Funds
reported to FINRA's Trade Reporting and Compliance Engine.\27\
---------------------------------------------------------------------------

    \27\ See id. at 34412.
---------------------------------------------------------------------------

    (4) The Closed-End Funds, ETFs, and ETNs held by the Funds will
trade in markets that are members of ISG or are

parties to a comprehensive surveillance sharing agreement with the
Exchange.\28\
---------------------------------------------------------------------------

    \28\ See Notice, supra note 4.
---------------------------------------------------------------------------

    (5) Prior to the commencement of trading, the Exchange will inform
its members in an Information Circular of the special characteristics
and risks associated with trading the Shares. Specifically, the
Information Circular for each Fund will discuss the following: (1) The
procedures for purchases and redemptions of Shares in Creation Units
(and that Shares are not individually redeemable); (2) Nasdaq Rule
2111A, which imposes suitability obligations on Nasdaq members with
respect to recommending transactions in the Shares to customers; (3)
how information regarding the Intraday Indicative Value and the
Disclosed Portfolio is disseminated; (4) the risks involved in trading
the Shares during the Pre Market and Post Market Sessions when an
updated Intraday Indicative Value will not be calculated or publicly
disseminated; (5) the requirement that members deliver a prospectus to
investors purchasing newly issued Shares prior to or concurrently with
the confirmation of a transaction; and (6) trading information. The
Information Circular will also discuss any exemptive, no-action and
interpretive relief granted by the Commission from any rules under the
Exchange Act.\29\
---------------------------------------------------------------------------

    \29\ Additionally, the Information Circular for each Fund will
reference that such Fund is subject to various fees and expenses
described in the Registration Statement. The Information Circular
for each Fund will also disclose the trading hours of the Shares of
such Fund and the applicable NAV Calculation Time for the Shares.
See id.
---------------------------------------------------------------------------

    (6) For initial and continued listing, each Fund must be in
compliance with Rule 10A-3 under the Exchange Act.\30\
---------------------------------------------------------------------------

    \30\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    (7) Shares of Closed-End Funds, ETFs, and ETNs held by a Fund will
trade in markets that are members of ISG or are parties to a
comprehensive surveillance sharing agreement with the Exchange.
    (8) The Funds will not invest in derivative instruments.
    (9) While the Funds may invest in inverse ETFs and ETNs, the Funds
will not invest in leveraged or inverse leveraged ETFs or ETNs.\31\
---------------------------------------------------------------------------

    \31\ See notes 11 and 12, supra.
---------------------------------------------------------------------------

    (10) Each Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid assets (calculated at the time of investment),
deemed illiquid by the Adviser. Each Fund will monitor its portfolio
liquidity on an ongoing basis to determine whether, in light of current
circumstances, an adequate level of liquidity is being maintained, and
will consider taking appropriate steps in order to maintain adequate
liquidity if, through a change in values, net assets, or other
circumstances, more than 15% of such Fund's net assets are held in
illiquid assets. Illiquid assets include securities subject to
contractual or other restrictions on resale and other instruments that
lack readily available markets as determined in accordance with
Commission staff guidance.
    (11) A minimum of 100,000 Shares will be outstanding at the
commencement of trading on the Exchange.\32\
---------------------------------------------------------------------------

    \32\ See id. at 34411.
---------------------------------------------------------------------------

    (12) All statements and representations made in this filing
regarding (a) the description of the portfolios, (b) limitations on
portfolio holdings or reference assets, or (c) the applicability of
Exchange rules and surveillance procedures shall constitute continued
listing requirements for listing the Shares on the Exchange. In
addition, the issuer has represented to the Exchange that it will
advise the Exchange of any failure by the Funds to comply with the
continued listing requirements, and, pursuant to its obligations under
Section 19(g)(1) of the Exchange Act, the Exchange will monitor for
compliance with the continued listing requirements. If a Fund is not in
compliance with the applicable listing requirements, the Exchange will
commence delisting procedures under the Nasdaq 5800 Series.\33\
---------------------------------------------------------------------------

    \33\ See id. at 34412.

This approval order is based on all of the Exchange's representations,
---------------------------------------------------------------------------
including those set forth above and in the Notice.

    For the reasons discussed above, the Commission finds that the
proposed rule change, as modified by Amendment No. 1, is consistent
with the requirements of the Exchange Act.\34\
---------------------------------------------------------------------------

    \34\ The Commission notes that the comment letter, supra note 5,
does not raise any specific concerns about whether any aspect of the
proposed rule change is inconsistent with the Exchange Act.
---------------------------------------------------------------------------

IV. Conclusion

    IT IS THEREFORE ORDERED, pursuant to Section 19(b)(2) of the
Exchange Act,\35\ that the proposed rule change (SR-NASDAQ-2016-071),
as modified by Amendment No. 1 thereto, be, and it hereby is, approved.
---------------------------------------------------------------------------

    \35\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\36\
---------------------------------------------------------------------------

    \36\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-20573 Filed 8-26-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 43 (Wednesday, March 5, 2014)]
[Notices]
[Pages 12567-12568]
[FR Doc No: 2014-04823]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2013-0193]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt 65 individuals from its
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM)
from operating commercial motor vehicles (CMVs) in interstate commerce.
The exemptions will enable these individuals to operate CMVs in
interstate commerce.

DATES: The exemptions are effective March 5, 2014. The exemptions
expire on March 7, 2016.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Room
W64-224, Department of Transportation, 1200 New Jersey Avenue SE.,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/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., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review DOT's Privacy Act Statement for the Federal
Docket Management System (FDMS) published in the Federal Register on
January 17, 2008 (73 FR 3316).

Background

    On December 27, 2013, FMCSA published a notice of receipt of
Federal diabetes exemption applications from 65 individuals and
requested comments from the public (78 FR 79062). The public comment
period closed on January 27, 2014, and twenty-two comments were
received.
    FMCSA has evaluated the eligibility of the 65 applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current requirement for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777),
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    These 65 applicants have had ITDM over a range of 1 to 46 years.
These applicants report no severe hypoglycemic reactions resulting in
loss of consciousness or seizure, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning symptoms, in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the past 5 years. In each case,
an endocrinologist

verified that the driver has demonstrated a willingness to properly
monitor and manage his/her diabetes mellitus, received education
related to diabetes management, and is on a stable insulin regimen.
These drivers report no other disqualifying conditions, including
diabetes-related complications. Each meets the vision requirement at 49
CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the December 27, 2013, Federal
Register notice and they will not be repeated in this notice.

Discussion of Comments

    FMCSA received twenty-two comments in this proceeding. The comments
are discussed and considered below.
    Eleven of the comments received were in favor of granting Scott A.
Stout an exemption from the diabetes standard.
    Seven of the comments received were in favor of granting Anthony D.
Chrisley an exemption from the diabetes standard.
    Larry Dewald is in favor of granting Delayne B. Irwin an exemption
from the diabetes standard.
    Jami Pierce is in favor of granting Randall D. Pierce an exemption
from the diabetes standard.
    John Riley is in favor of granting Michael M. Canup an exemption
from the diabetes standard.
    An anonymous commenter believes that if a driver has over 5 years
of experience with no traffic violations that they should be
grandfathered into the Diabetes Exemption Program.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption
is likely to achieve an equivalent or greater level of safety than
would be achieved without the exemption. The exemption allows the
applicants to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.

Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not it is
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

Conclusion

    Based upon its evaluation of the 65 exemption applications, FMCSA
exempts Bruce S. Allen (ME), David E. Ames (IL), Michael R. Boland
(IL), Taylor D. Bruce (MO), Christopher D. Burks (MA), Larry D. Burton
(IL), James B. Cameron (PA), Michael M. Canup (AL), John M. Catron
(MO), Anthony D. Chrisley (CA), Henry Collins (MO), John B. Conway, Jr.
(NC), James V. Davidson, Jr. (UT), Michael A. De La Torre (CA), Corrado
DePalma (NJ), Eugene J. Dilley (WI), Scott T. Early (NY), Carl
Ermentrout (PA), Douglas E. Erney (IN), William C. Flom (IA), Seth E.
Frost (OR), Donald R. Fuller, Jr. (MN), Brian A. Griep (IA), George E.
Hagey (IL), Ronnie L. Harrington (MS), Andrew P. Hines (OH), Arlyn D.
Holtrop (IA), Stephan P. Hyre (OH), Delayne B. Irwin (SD), Aaron C.
Kaplan (CA), Sigmund E. Keller (NY), Derl T. Martin (MO), Waymond E.
Mayfield, Jr. (MO), Senad Mehmedovic (KY), Ronald E. Mullard (AL),
Francis L. Novotny (MN), Justin C. Orr (CA), Kevin L. Otto (OH), Larry
H. Painter (PA), Robert K. Patterson (IA), Alan A. Phillips (WI),
Randall D. Pierce (FL), Clyde R. Pitt (NY), Reynier Prieto (FL), Albert
R. Purdy (PA), Adam Razny (MO), Thomas F. Scanlon (NJ), Christopher J.
Schmidt (PA), Harrison G. Simmons (MO), Cleo W. Snyder (IL), Daniel E.
Staack (NE), Scott A. Stout (FL), Walter D. Strang, IV (CT), Mark A.
Torres (MA), Gerald L. Ulmer, Sr. (PA), Eric A. Vernon (IA), Paul M.
Vinacco (RI), Marvin L. Vonk (IA), Kelly J. Walstad (MN), John R.
Wappes (OH), James W. Watson (MO), Gordon E. Williams, Jr. (PA), Ray C.
Williams (CT), Ricky A. Wulf (IA), and Brandon S. Yarbrough (NC) from
the ITDM requirement in 49 CFR 391.41(b)(3), subject to the conditions
listed under ``Conditions and Requirements'' 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. The exemption
will be revoked if the following occurs: (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. If the
exemption is still effective at the end of the 2-year period, the
person may apply to FMCSA for a renewal under procedures in effect at
that time.

    Issued on: February 25, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-04823 Filed 3-4-14; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75643-75644]
[FR Doc No: 2022-26784]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2022-0053; OMB No. 1660-0107]

Agency Information Collection Activities: Proposed Collection;
Comment Request; FEMA Public Assistance Program Customer Satisfaction
Survey

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: 60 Day Notice of Revision and Request for Comments.

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

SUMMARY: The Federal Emergency Management Agency (FEMA), as part of its
continuing effort to reduce paperwork and respondent burden, invites
the general public to take this

opportunity to comment on an extension, with change, of a currently
approved information collection. In accordance with the Paperwork
Reduction Act of 1995, this notice seeks comments concerning the
collection of Public Assistance customer satisfaction survey responses
and information for assessment and improvement of the delivery of
disaster assistance to States, Local and Tribal governments, and
eligible non-profit organizations.

DATES: Comments must be submitted on or before February 7, 2023.

ADDRESSES: Please submit comments at www.regulations.gov under Docket
ID FEMA-2022-0053. Follow the instructions for submitting comments.
    All submissions received must include the agency name and Docket
ID. Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal
eRulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy and
Security Notice that is available via a link on the homepage of
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jason Salazar, Program Analyst,
Recovery Directorate, [email protected],<PHONE_NUMBER>. You may
contact the Information Management Division for copies of the proposed
collection of information at email address: [email protected].

SUPPLEMENTARY INFORMATION: This collection is in accordance with
Executive Orders 12862 and 13571 requiring all Federal agencies to
survey customers to determine the kind and quality of services they
want and their level of satisfaction with existing services. The
Government Performance and Results Act of 1993 (GPRA) requires Federal
agencies to set missions and goals and to measure agency performance
against them. See Public Law 103-62, 107 Stat 285 (1993). The GPRA
Modernization Act of 2010 requires quarterly performance assessments of
government programs for the purposes of assessing agency performance
and improvement. See Public Law 111-352, 124 Stat 3875 (2011). FEMA
fulfills these requirements by collecting customer satisfaction program
information through surveys of States, Local and Tribal governments,
and eligible non-profit organizations.

Collection of Information

    Title: FEMA Public Assistance Program Customer Satisfaction Survey.
    Type of Information Collection: Revision of a currently approved
information collection.
    OMB Number: 1660-0107.
    FEMA Forms: FEMA Form FF-104-FY-21-155 (formerly 519-0-32), Public
Assistance Initial Customer Satisfaction Survey (Telephone); FEMA Form
FF-104-FY-21-156 (formerly 519-0-33), Public Assistance Initial
Customer Satisfaction Survey (internet); FEMA Form FF-104-FY-21-157
(formerly 519-0-34), Public Assistance Assessment Customer Satisfaction
Survey (Telephone); FEMA Form FF-104-FY-21-158 (formerly 519-0-35),
Public Assistance Assessment Customer Satisfaction Survey (internet);
FEMA Manual FM-104-FY-22-102, Customer Survey and Analysis Qualitative
Research Protocol.
    Abstract: Federal agencies are required to survey their customers
to determine the kind and quality of services customers want and their
level of satisfaction with those services. The FEMA Public Assistance
Customer Satisfaction Surveys are used to monitor program performance
and assess service delivery. Survey results are used to ensure the
Agency is meeting the needs of FEMA applicants.
    Affected Public: Not-for-profit institutions, State, Local or
Tribal Government.
    Estimated Number of Respondents: 3,885.
    Estimated Number of Responses: 3,885.
    Estimated Total Annual Burden Hours: 1,839.
    Estimated Total Annual Respondent Cost: $86,459.
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $13,500.
    Estimated Total Annual Cost to the Federal Government: $862,324.

Comments

    Comments may be submitted as indicated in the ADDRESS caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

Millicent Brown Wilson,
Records Management Branch Chief, Office of the Chief Administrative
Officer, Mission Support, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. 2022-26784 Filed 12-8-22; 8:45 am]
BILLING CODE 9111-24-P


[Federal Register: September 21, 2006 (Volume 71, Number 183)]
[CORRECTIONS]
[Page 55280]
[DOCID:fr21se06-118]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2005-0155; FRL-8200-2]
RIN 2060-AK18

National Perchloroethylene Air Emission Standards for Dry
Cleaning Facilities

Correction

    In rule document 06-6447 beginning on page 42724 in the issue of
Thursday, July 27, 2006, make the following correction:

Sec. 63.323  [Corrected]

    On page 42745, in the third column, in Sec. 63.323(b)(1), in the
fifth line, ``25 parts per million '' should read `` 25
parts per million``.

[FR Doc. C6-6447 Filed 9-20-06; 8:45 am]

BILLING CODE 1505-01-D