(ii) Rule 13a-14/15d-14          .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......       X
     Certifications................
(32) Section 1350 Certifications     .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......       X        X
 \6\...............................
(33) Report on assessment of         .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......       X
 compliance with servicing criteria
 for asset-backed issuers..........
(34) Attestation report on           .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......       X
 assessment of compliance with
 servicing criteria for asset-
 backed securities.................
(35) Servicer compliance statement.  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......  .......       X
(36) through (98) [Reserved].......     N/A      N/A      N/A      N/A      N/A      N/A      N/A      N/A      N/A      N/A      N/A      N/A      N/A
(99) Additional exhibits...........       X        X        X        X        X        X        X        X        X        X        X        X        X
(100) XBRL-Related Documents.......  .......  .......  .......  .......  .......  .......  .......  .......       X        X   .......       X        X
(101) Interactive Data File........       X        X        X   .......       X        X        X        X   .......  .......  .......       X        X
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ An exhibit need not be provided about a company if: (1) With respect to such company an election has been made under Form S-4 or F-4 to provide
  information about such company at a level prescribed by Form S-3 or F-3; and (2) the form, the level of which has been elected under Form S-4 or F-4,
  would not require such company to provide such exhibit if it were registering a primary offering.
\2\ A Form 8-K exhibit is required only if relevant to the subject matter reported on the Form 8-K report. For example, if the Form 8-K pertains to the
  departure of a director, only the exhibit described in paragraph (b)(17) of this section need be filed. A required exhibit may be incorporated by
  reference from a previous filing.
\3\ Where incorporated by reference into the text of the prospectus and delivered to security holders along with the prospectus as permitted by the
  registration statement; or, in the case of the Form 10-K, where the annual report to security holders is incorporated by reference into the text of
  the Form 10-K.
\4\ If required pursuant to Item 304 of Regulation S-K.
\5\ Where the opinion of the expert or counsel has been incorporated by reference into a previously filed Securities Act registration statement.
\6\ Pursuant to Sec.  Sec.   240.13a-13(b)(3) and 240.15d-13(b)(3) of this chapter, asset-backed issuers are not required to file reports on Form 10-Q.

    (b) * * *
    (100) XBRL-Related Documents. Only an electronic filer that
prepares its financial statements in accordance with Article 6 of
Regulation S-X (17 CFR 210.6-01 et seq.) is permitted to participate in
the voluntary XBRL (eXtensible Business Reporting Language) program
and, as a result, may submit XBRL-Related Documents (Sec.  232.11 of
this chapter) in electronic format as an exhibit to: The filing to
which they relate; an amendment to such filing; or a Form 8-K (Sec.
249.308 of this chapter) that references such filing, if the Form 8-K
is submitted no earlier than the date of filing. Rule 401 of Regulation
S-T (Sec.  232.401 of this chapter) sets forth further details
regarding eligibility to participate in the voluntary XBRL program.
    (101) Interactive Data File. An Interactive Data File (Sec.  232.11
of this chapter) is:
    (i) Required to be Submitted and Posted. Required to be submitted
to the Commission and posted on the registrant's corporate Web site, if
any, in the manner provided by Rule 405 of Regulation S-T (Sec.
232.405 of this chapter) if the registrant does not prepare its
financial statements in accordance with Article 6 of Regulation S-X (17
CFR 210.6-01 et seq.) and is:
    (A) A large accelerated filer (Sec.  240.12b-2 of this chapter)
that had an aggregate worldwide market value of the voting and non-
voting common equity held by non-affiliates of more than $5 billion as
of the last business day of its most recently completed second fiscal
quarter that prepares its financial statements in accordance with
generally accepted accounting principles as used in the United States
and the filing contains financial statements of the registrant for a
period that ends on or after December 15, 2008;
    (B) A large accelerated filer not specified in paragraph
(b)(101)(i)(A) of this Item that prepares its financial statements in
accordance with generally accepted accounting principles as used in the
United States and the filing contains financial statements of the
registrant for a period that ends on or after December 15, 2009;
    (C) A filer not specified in paragraph (b)(101)(i)(A) or (B) of
this Item that prepares its financial statements in accordance with
generally accepted accounting principles as used in the United States
and the filing contains financial statements of the registrant for a
period that ends on or after December 15, 2010; or
    (D) A foreign private issuer (Sec.  240.3b-4(c) of this chapter)
that prepares its financial statements in accordance with International
Financial Reporting Standards as issued by the International Accounting
Standards Board, and the filing contains financial statements of

the registrant for a period that ends on or after December 15, 2010.
    (ii) Permitted to be Submitted. Permitted to be submitted to the
Commission in the manner provided by Rule 405 of Regulation S-T (Sec.
232.405 of this chapter) if the registrant:
    (A) Prepares its financial statements
    (1) In accordance with either
    (a) Generally accepted accounting principles as used in the United
States; or
    (b) International Financial Reporting Standards as issued by the
International Accounting Standards Board; and
    (2) Not in accordance with Article 6 of Regulation S-X (17 CFR
210.6-01 et seq.) and
    (B) Is not required to be submitted to the Commission under
paragraph (b)(101)(i) of this Item.
    (iii) Not Permitted to be Submitted. Not permitted to be submitted
to the Commission if the registrant prepares its financial statements
in accordance with Article 6 of Regulation S-X (17 CFR 210.6-01 et
seq.).

PART 230--GENERAL RULES AND REGULATIONS, SECURITIES ACT OF 1933

    3. The authority citation for part 230 continues to read in part as
follows:

    Authority: 15 U.S.C. 77b, 77c, 77d, 77f, 77g, 77h, 77j, 77r,
77s, 77z-3, 77sss, 78c, 78d, 78j, 78l, 78m, 78n, 78o, 78t, 78w,
78ll(d), 78mm, 80a-8, 80a-24, 80a-28, 80a-29, 80a-30, and 80a-37,
unless otherwise noted.

* * * * *
    4. Amend Sec.  230.144 by revising paragraph (c)(1) to read as
follows:

Sec.  230.144  Persons deemed not to be engaged in a distribution and
therefore not underwriters.

* * * * *
    (c) * * *
    (1) Reporting issuers. The issuer is, and has been for a period of
at least 90 days immediately before the sale, subject to the reporting
requirements of section 13 or 15(d) of the Exchange Act, has filed all
required reports under section 13 or 15(d) of the Exchange Act, as
applicable, and has submitted electronically and posted on its
corporate Web site, if any, every Interactive Data File (Sec.  232.11
of this chapter) required to be submitted and posted under either Item
601(b)(101) of Regulation S-K (Sec.  229.601(b)(101) of this chapter)
or Item 101 of the Instructions as to Exhibits of Form 20-F (Sec.
249.220f of this chapter), during the 12 months preceding such sale (or
for such shorter period that the issuer was required to file such
reports), other than form 8-K reports (Sec.  249.308 of this chapter);
or
* * * * *

PART 232--REGULATION S-T--GENERAL RULES AND REGULATIONS FOR
ELECTRONIC FILINGS

    5. The authority citation for part 232 continues to read in part as
follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s(a), 77z-3,
77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a-6(c),
80a-8, 80a-29, 80a-30, 80a-37, and 7201 et seq.; and 18 U.S.C. 1350.
* * * * *
    6. Amend Sec.  232.11 by adding definitions for ``Interactive Data
File'', ``Interactive Data in Viewable Form'', and ``Related Official
Filing'' in alphabetical order to read as follows:

Sec.  232.11  Definition of terms used in part 232.

* * * * *
    Interactive Data File. The term Interactive Data File means the
machine-readable computer code that presents information in eXtensible
Business Reporting Language in electronic format in accordance with
Sec.  232.405.
    Interactive Data in Viewable Form. The term Interactive Data in
Viewable Form means the financial statements, financial statement
schedules and financial statement footnotes that
    (1) Are displayed when an Interactive Data File is converted from
machine-readable computer code into human-readable text through
software the Commission provides; and
    (2) Are displayed through such conversion identically in all
material respects to the corresponding financial statements, financial
statement schedules and financial statement footnotes in the Related
Official Filing.
* * * * *
    Related Official Filing. The term Related Official Filing means the
ASCII or HTML format part of the official filing with which an
Interactive Data File appears as an exhibit.
* * * * *
    7. Amend Sec.  232.201 by:
    a. Revising paragraph (a) introductory text;
    b. Amending paragraph (b) by revising the headings to Notes 1 and
2;
    c. Adding paragraph (c).
    The revisions and additions read as follows:

Sec.  232.201  Temporary hardship exemption.

    (a) If an electronic filer experiences unanticipated technical
difficulties preventing the timely preparation and submission of an
electronic filing, other than a Form 3 (Sec.  249.103 of this chapter),
a Form 4 (Sec.  249.104 of this chapter), a Form 5 (Sec.  249.105 of
this chapter), a Form ID (Sec. Sec.  239.63, 249.446, 269.7 and 274.402
of this chapter), a Form TA-1 (Sec.  249.100 of this chapter), a Form
TA-2 (Sec.  249.102 of this chapter), a Form TA-W (Sec.  249.101 of
this chapter), a Form D (Sec.  239.500 of this chapter) or an
Interactive Data File (Sec.  232.11 of this chapter), the electronic
filer may file the subject filing, under cover of Form TH (Sec. Sec.
239.65, 249.447, 269.10 and 274.404 of this chapter), in paper format
no later than one business day after the date on which the filing was
to be made.
* * * * *
    (b) * * *

    Note 1 to paragraph (b): * * *

    Note 2 to paragraph (b): * * *

    (c) If an electronic filer experiences unanticipated technical
difficulties preventing the timely preparation and
    (1) Submission of an Interactive Data File (Sec.  232.11) as an
exhibit as required by either Item 601(b)(101) of Regulation S-K (Sec.
229.601(b)(101) of this chapter) or Item 101 of the Instructions as to
Exhibits of Form 20-F (Sec.  249.220f of this chapter), the electronic
filer still can timely satisfy the requirement to submit the
Interactive Data File in the following manner:
    (i) Substitute for the Interactive Data File in the required
exhibit a document that sets forth the following legend:
    IN ACCORDANCE WITH THE TEMPORARY HARDSHIP EXEMPTION PROVIDED BY
RULE 201 OF REGULATION S-T, THE DATE BY WHICH THE INTERACTIVE DATA FILE
IS REQUIRED TO BE SUBMITTED HAS BEEN EXTENDED BY SIX BUSINESS DAYS; and
    (ii) Submit the required Interactive Data File no later than six
business days after the Interactive Data File originally was required
to be submitted.
    (2) Posting on its corporate Web site of an Interactive Data File
as required by either Item 601(b)(101) of Regulation S-K or Item 101 of
the Instructions as to Exhibits of Form 20-F, the electronic filer
still can timely satisfy the requirement to post the Interactive Data
File by so posting the Interactive Data File within six business days
after the Interactive Data File was required to be submitted to the
Commission.

    Note to paragraph (c): Electronic filers unable to submit or
post, as applicable, the Interactive Data File under the
circumstances specified by paragraph (c), must comply with the
provisions of this section and cannot use Form 12b-25 (Sec.  249.322
of this chapter) as a notification of late filing. Failure to submit
or

post, as applicable, the Interactive Data File as required by the
end of the six-business-day period specified by paragraph (c) of
this section will result in ineligibility to use Forms S-3, S-8 and
F-3 (Sec. Sec.  239.13, 239.16b and 239.33 of this chapter) and
constitute a failure to have filed all required reports for purposes
of the current public information requirements of Rule 144(c)(1)
(Sec.  230.144(c)(1) of this chapter).

    8. Amend Sec.  232.202 by:
    a. Revising paragraphs (a) introductory text, (a)(2), (b)(2), and
(b)(3);
    b. Revising paragraph (c);
    c. Revising paragraph (d) and;
    d. Revising the headings to Notes 1, 2, and 3 to the section; and
    e. Adding Note 4 to the section.
    The revisions and additions read as follows:

Sec.  232.202  Continuing hardship exemption.

    (a) An electronic filer may apply in writing for a continuing
hardship exemption if all or part of a filing, group of filings or
submission, other than a Form ID (Sec. Sec.  239.63, 249.446, 269.7,
and 274.402 of this chapter) or a Form D (Sec.  239.500 of this
chapter), otherwise to be filed or submitted in electronic format or,
in the case of an Interactive Data File (Sec.  232.11), to be posted on
the electronic filer's corporate Web site, cannot be so filed,
submitted or posted, as applicable, without undue burden or expense.
Such written application shall be made at least ten business days
before the required due date of the filing(s), submission(s) or posting
of the proposed filing, submission or posting date, as appropriate, or
within such shorter period as may be permitted. The written application
shall contain the information set forth in paragraph (b) of this
section.
    (1) * * *
    (2) If the Commission, or the staff acting pursuant to delegated
authority, denies the application for a continuing hardship exemption,
the electronic filer shall file or submit the required document or
Interactive Data File in electronic format or post the Interactive Data
File on its corporate Web site, as applicable, on the required due date
or the proposed filing or submission date, or such other date as may be
permitted.
* * * * *
    (b) * * *
    (1) * * *
    (2) The burden and expense to employ alternative means to make the
electronic submission or posting, as applicable;
    (3) The reasons for not submitting electronically the document,
group of documents or Interactive Data File or not posting the
Interactive Data File, as well as the justification for the requested
time period.
    (c) If the request is granted with respect to:
    (1) Electronic filing of a document or group of documents, not
electronic submission or posting of an Interactive Data File, then the
electronic filer shall submit the document or group of documents for
which the continuing hardship exemption is granted in paper format on
the required due date specified in the applicable form, rule or
regulation, or the proposed filing date, as appropriate and the
following legend shall be placed in capital letters at the top of the
cover page of the paper format document(s):
    IN ACCORDANCE WITH RULE 202 OF REGULATION S-T, THIS (specify
document) IS BEING FILED IN PAPER PURSUANT TO A CONTINUING HARDSHIP
EXEMPTION.
    (2) Electronic submission of an Interactive Data File, then the
electronic filer shall substitute for the Interactive Data File in the
exhibit in which it was required a document that sets forth one of the
following legends, as appropriate:
    IN ACCORDANCE WITH A CONTINUING HARDSHIP EXEMPTION OBTAINED UNDER
RULE 202 OF REGULATION S-T, THE DATE BY WHICH THE INTERACTIVE DATA FILE
IS REQUIRED TO BE SUBMITTED HAS BEEN EXTENDED TO (specify date); or
    IN ACCORDANCE WITH A CONTINUING HARDSHIP EXEMPTION OBTAINED UNDER
RULE 202 OF REGULATION S-T, THE INTERACTIVE DATA FILE IS NOT REQUIRED
TO BE SUBMITTED.
    (3) Web site posting by an electronic filer of its Interactive Data
File, the electronic filer need not post on its Web site any statement
with regard to the grant of the request.
    (d) If a continuing hardship exemption is granted for a limited
period of time for:
    (1) Electronic filing of a document or group of documents, not
electronic submission or posting of an Interactive Data File, then the
grant may be conditioned upon the filing of the document or group of
documents that is the subject of the exemption in electronic format
upon the expiration of the period for which the exemption is granted.
The electronic format version shall contain the following statement in
capital letters at the top of the first page of the document: THIS
DOCUMENT IS A COPY OF THE (specify document) FILED ON (DATE) PURSUANT
TO A RULE 202(d) CONTINUING HARDSHIP EXEMPTION.
    (2) Electronic submission or posting of an Interactive Data File,
then the grant may be conditioned upon the electronic submission and
posting, as applicable, of the Interactive Data File that is the
subject of the exemption upon the expiration of the period for which
the exemption is granted.

    Note 1 to Sec.  232.202:  * * *

    Note 2 to Sec.  232.202: * * *

    Note 3 to Sec.  232.202: * * *

    Note 4 to Sec.  232.202: Failure to submit or post, as
applicable, the Interactive Data File as required by Rule 405 by the
end of the continuing hardship exemption if granted for a limited
period of time, will result in ineligibility to use Forms S-3, S-8,
and F-3 (Sec. Sec.  239.13, 239.16b and 239.33 of this chapter) and
constitute a failure to have filed all required reports for purposes
of the current public information requirements of Rule 144(c)(1)
(Sec.  230.144(c)(1) of this chapter).

    9. Amend Sec.  232.305 by revising paragraph (b) to read as
follows:

Sec.  232.305  Number of characters per line; tabular and columnar
information.

* * * * *
    (b) Paragraph (a) of this section does not apply to HTML documents,
Interactive Data Files (Sec.  232.11) or XBRL-Related Documents (Sec.
232.11).
    10. Amend Sec.  232.401(a) by adding a new first sentence to read
as follows:

Sec.  232.401  XBRL-Related Document submissions.

    (a) Only an electronic filer that is an investment company
registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et
seq.), a ``business development company'' as defined in section
2(a)(48) of that Act, or an entity that reports under the Exchange Act
and prepares its financial statements in accordance with Article 6 of
Regulation S-X (17 CFR 210.6-01 et seq.) is permitted to participate in
the voluntary XBRL (eXtensible Business Reporting Language) program. *
* *
* * * * *
    11. Amend Sec.  232.402 by removing the phrase ``Public Utility
Act,'' from the first sentence of paragraph (b).

Sec. Sec.  232.403 and 232.404  [Reserved]

    12. Reserve Sec.  232.403 and Sec.  232.404.
    13. Add Sec.  232.405 to read as follows:

Sec.  232.405  Interactive Data File submissions and postings.

Preliminary Notes

    1. Sections 405 and 406 of Regulation S-T (Sec. Sec.  232.405 and
232.406) apply to electronic filers that submit or post Interactive
Data Files. Item 601(b)(101) of Regulation S-K (Sec.  229.601(b)(101)
of this chapter) and Item 101 of the

Instructions as to Exhibits of Form 20-F (Sec.  249.220f of this
chapter) specify when electronic filers are required or permitted to
submit or post an Interactive Data File (Sec.  232.11), as further
described below in the Note to Section 405.
    2. Section 405 imposes content, format, submission and Web site
posting requirements for an Interactive Data File, but does not change
the substantive content requirements for the financial and other
disclosures in the Related Official Filing (Sec.  232.11).
    3. Section 406 addresses liability related to Interactive Data
Files.
    (a) Content, Format, Submission and Posting Requirements--General.
An Interactive Data File must:
    (1) Comply with the content, format, submission and Web site
posting requirements of this section;
    (2) Be submitted only by an electronic filer either required or
permitted to submit an Interactive Data File as specified by Item
601(b)(101) of Regulation S-K (Sec.  229.601(b)(101) of this chapter)
or Item 101 of the Instructions as to Exhibits of Form 20-F (Sec.
249.220f of this chapter), as applicable, as an exhibit to a form that
contains the disclosure required by this section;
    (3) Be submitted in accordance with the EDGAR Filer Manual and, as
applicable, either Item 601(b)(101) of Regulation S-K or Item 101 of
the Instructions as to Exhibits of Form 20-F; and
    (4) Be posted on the electronic filer's corporate Web site, if any,
in accordance with, as applicable, either Item 601(b)(101) of
Regulation S-K or Item 101 of the Instructions as to Exhibits of Form
20-F.
    (b) Content--Categories of Information Presented. An Interactive
Data File must consist of only a complete set of information for all
periods required to be presented in the corresponding data in the
Related Official Filing, no more and no less, from all of the following
categories:
    (1) The complete set of the electronic filer's financial statements
(which includes the face of the financial statements and all
footnotes); and
    (2) All schedules set forth in Article 12 of Regulation S-X
(Sec. Sec.  210.12-01-210.12-29) related to the electronic filer's
financial statements.

    Note to paragraph (b): It is not permissible for the Interactive
Data File to present only partial face financial statements, such as
by excluding comparative financial information for prior periods.

    (c) Format--Generally. An Interactive Data File must comply with
the following requirements, except as modified by paragraph (d) or (e)
of this section, as applicable, with respect to the corresponding data
in the Related Official Filing consisting of footnotes to financial
statements or financial statement schedules as set forth in Article 12
of Regulation S-X:
    (1) Data Elements and Labels.
    (i) Element Accuracy. Each data element (i.e., all text, line item
names, monetary values, percentages, numbers, dates and other labels)
contained in the Interactive Data File reflect the same information in
the corresponding data in the Related Official Filing;
    (ii) Element Specificity. No data element contained in the
corresponding data in the Related Official Filing is changed, deleted
or summarized in the Interactive Data File;
    (iii) Standard and Special Labels and Elements. Each data element
contained in the Interactive Data File is matched with an appropriate
tag from the most recent version of the standard list of tags specified
by the EDGAR Filer Manual. A tag is appropriate only when its standard
definition, standard label and other attributes as and to the extent
identified in the list of tags match the information to be tagged,
except that:
    (A) Labels. An electronic filer must create and use a new special
label to modify a tag's existing standard label when that tag is an
appropriate tag in all other respects (i.e., in order to use a tag from
the standard list of tags only its label needs to be changed); and
    (B) Elements. An electronic filer must create and use a new special
element if and only if an appropriate tag does not exist in the
standard list of tags for reasons other than or in addition to an
inappropriate standard label; and
    (2) Additional Mark-Up Related Content. The Interactive Data File
contains any additional mark-up related content (e.g., the eXtensible
Business Reporting Language tags themselves, identification of the core
XML documents used and other technology related content) not found in
the corresponding data in the Related Official Filing that is necessary
to comply with the EDGAR Filer Manual requirements.
    (d) Format--Footnotes--Generally. The part of the Interactive Data
File for which the corresponding data in the Related Official Filing
consists of footnotes to financial statements must comply with the
requirements of paragraphs (c)(1) and (c)(2) of this section, as
modified by this paragraph (d), unless the electronic filer is within
one of the categories specified in paragraph (f) of this section.
Footnotes to financial statements must be tagged as follows:
    (1) Each complete footnote must be block-text tagged;
    (2) Each significant accounting policy within the significant
accounting policies footnote must be block-text tagged;
    (3) Each table within each footnote must be block-text tagged; and
    (4) Within each footnote, each amount (i.e., monetary value,
percentage, and number) must be tagged separately and each narrative
disclosure required to be disclosed by generally accepted accounting
principles as used in the United States, (or International Financial
Reporting Standards as issued by the International Accounting Standards
Board, if applicable) and Commission regulations must be tagged
separately.
    (e) Format--Schedules--Generally. The part of the Interactive Data
File for which the corresponding data in the Related Official Filing
consists of financial statement schedules as set forth in Article 12 of
Regulation S-X must comply with the requirements of paragraphs (c)(1)
and (c)(2) of this section, as modified by this paragraph (e), unless
the electronic filer is within one of the categories specified in
paragraph (f) of this section. Financial statement schedules as set
forth in Article 12 of Regulation S-X must be tagged as follows:
    (1) Each complete financial statement schedule must be block-text
tagged; and
    (2) Within each financial statement schedule, each amount (i.e.,
monetary value, percentage and number) must be tagged separately and
each narrative disclosure required by Commission regulations must be
tagged separately.
    (f) Format--Footnotes and Schedules Eligible for Phased-In Detail.
The following electronic filers must comply with paragraphs (c)(1) and
(c)(2) of this section as modified by paragraphs (d) and (e) of this
section, except that they may choose to comply with paragraph (d)(1)
rather than paragraphs (d)(1) through (d)(4) and may choose to comply
with paragraph (e)(1) rather than paragraphs (e)(1) and (e)(2):
    (1) Any large accelerated filer (Sec.  240.12b-2 of this chapter)
that had an aggregate worldwide market value of the voting and non-
voting common equity held by non-affiliates of more than $5 billion as
of the last business day of its most recently completed second fiscal
quarter that prepares its financial statements in accordance with
generally accepted accounting principles as used in the United States,
if none of the financial statements for which an Interactive Data File
is required is for a

period that ends on or after December 15, 2009;
    (2) Any large accelerated filer not specified in paragraph (f)(1)
that prepares its financial statements in accordance with generally
accepted accounting principles as used in the United States, if none of
the financial statements for which an Interactive Data File is required
is for a period that ends on or after December 15, 2010;
    (3) Any filer not specified in paragraph (f)(1) or (2) that
prepares its financial statements in accordance with generally accepted
accounting principles as used in the United States, if none of the
financial statements for which an Interactive Data File is required is
for a period that ends on or after December 15, 2011; and
    (4) Any foreign private issuer (Sec.  240.3b-4(c) of this chapter)
that prepares its financial statements in accordance with International
Financial Reporting Standards as issued by the International Accounting
Standards Board, if none of the financial statements for which an
Interactive Data File is required is for a period that ends on or after
December 15, 2011.
    (g) Posting. Any electronic filer that maintains a corporate Web
site and is required to submit an Interactive Data File must post that
Interactive Data File on that Web site by the end of the business day
on the earlier of the date the Interactive Data File is submitted or is
required to be submitted.

    Note to Sec.  232.405: Item 601(b)(101) of Regulation S-K
specifies the circumstances under which an Interactive Data File
must be submitted as an exhibit and be posted to the issuer's
corporate Web site, if any, and the circumstances under which it is
permitted to be submitted as an exhibit, with respect to Forms S-1
(Sec.  239.11 of this chapter), S-3 (Sec.  239.13 of this chapter),
S-4 (Sec.  239.25 of this chapter), S-11 (Sec.  239.18 of this
chapter), F-1 (Sec.  239.31 of this chapter), F-3 (Sec.  239.33 of
this chapter), F-4 (Sec.  239.34 of this chapter), 10-K (Sec.
249.310 of this chapter) and 10-Q (Sec.  249.308a of this chapter).
Similarly, Item 101 of the Instructions as to Exhibits of Form 20-F
specifies the circumstances under which an Interactive Data File
must be submitted as an exhibit and be posted to the issuer's
corporate Web site, if any, and the circumstances under which it is
permitted to be submitted as an exhibit, with respect to Form 20-F.
Item 601(b)(101) of Regulation S-K and Item 101 of the Instructions
as to Exhibits of Form 20-F both prohibit submission of an
Interactive Data File by an issuer that prepares its financial
statements in accordance with Article 6 of Regulation S-X (17 CFR
210.6-01 et seq.).

    14. Add Sec.  232.406 to read as follows:

Sec.  232.406  Liability for Related Official Filing, Interactive Data
in Viewable Form and Interactive Data File.

    (a) Liability for Related Official Filing Unaffected. The
disclosures in the Related Official Filing are subject to the liability
provisions of the Securities Act, Exchange Act, Trust Indenture Act,
and Investment Company Act and the rules and regulations under those
Acts. Nothing in Rule 405 of Regulation S-T (Sec.  232.405) or this
Rule 406 changes the liability otherwise applicable to an electronic
filer's Related Official Filing.
    (b) Liability for Interactive Data in Viewable Form. Interactive
Data in Viewable Form are subject to liability under the Securities
Act, Exchange Act, Trust Indenture Act, and Investment Company Act and
the rules and regulations under those Acts in the same way and to the
same extent as the Related Official Filing.
    (c) Liability for Interactive Data File. An Interactive Data File
submitted to the Commission:
    (1) Will be deemed to comply with Rule 405 if:
    (A) The electronic filer makes a good faith and reasonable attempt
to comply with Rule 405; and
    (B) As soon as reasonably practicable after the electronic filer
becomes aware that the Interactive Data File does not comply with Rule
405, the electronic filer amends the Interactive Data File to comply
with Rule 405.
    (2) That complies or is deemed to comply with Rule 405 is not
subject to liability under any provision of the Securities Act,
Exchange Act, Trust Indenture Act and Investment Company Act or the
rules and regulations under those Acts for failure to comply with Rule
405.
    (3) In addition to paragraphs (c)(1) and (c)(2),
    (A) Is deemed not filed or part of a registration statement or
prospectus for purposes of sections 11 and 12 of the Securities Act (15
U.S.C. 77k and 77l), is deemed not filed for purposes of section 18 of
the Exchange Act (15 U.S.C. 78r) and section 34(b) of the Investment
Company Act (15 U.S.C. 80a-33(b)), and otherwise is not subject to the
liabilities of these sections;
    (B) Is deemed filed for purposes of (and thereby benefits from the
liability protection provided by) Item 103 of Regulation S-T (Sec.
232.103); and
    (C) Other than as stated in subparagraph (c)(3)(A), is subject to
liability for the substantive content of the financial and other
disclosures, as distinct from its compliance with Rule 405, under the
Securities Act, Exchange Act, Trust Indenture Act, and Investment
Company Act and the rules and regulations under those Acts in the same
way and to the same extent as the Related Official Filing.

PART 239--FORMS PRESCRIBED UNDER THE SECURITIES ACT OF 1933

    15. The authority citation for part 239 continues to read in part
as follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-3,
77sss, 78c, 78l, 78m, 78n, 78o(d), 78u-5, 78w(a), 78ll, 78mm, 80a-
2(a), 80a-3, 80a-8, 80a-9, 80a-10, 80a-13, 80a-24, 80a-26, 80a-29,
80a-30, and 80a-37, unless otherwise noted.
* * * * *
    16. Amend Sec.  239.13 by revising paragraph (a)(8) to read as
follows:

Sec.  239.13  Form S-3, for registration under the Securities Act of
1933 of securities of certain issuers offered pursuant to certain types
of transactions.

* * * * *
    (a) * * *
    (8) Electronic filings. In addition to satisfying the foregoing
conditions, a registrant subject to the electronic filing requirements
of Rule 101 of Regulation S-T (Sec.  232.101 of this chapter) shall
have:
    (i) Filed with the Commission all required electronic filings,
including electronic copies of documents submitted in paper pursuant to
a hardship exemption as provided by Rule 201 or Rule 202(d) of
Regulation S-T (Sec.  232.201 or Sec.  232.202(d) of this chapter); and
    (ii) Submitted electronically to the Commission and posted on its
corporate Web site, if any, all Interactive Data Files required to be
submitted and posted under either Item 601(b)(101) of Regulation S-K
(Sec.  229.601(b)(101) of this chapter) or Item 101 of the Instructions
as to Exhibits of Form 20-F (Sec.  249.220f of this chapter) during the
twelve calendar months and any portion of a month immediately preceding
the filing of the registration statement on this Form.
    17. Amend Form S-3 (referenced in Sec.  239.13) by revising
paragraph I.A.8 and adding paragraphs I.A.8(a) and I.A.8(b) of the
General Instructions to read as follows:

    Note: The text of Form S-3 does not and this amendment will not
appear in the Code of Federal Regulations.

Form S-3

* * * * *

General Instructions

    I. * * *
    A. * * *
    8. Electronic filings. In addition to satisfying the foregoing
conditions, a

registrant subject to the electronic filing requirements of Rule 101 of
Regulation S-T (Sec.  232.101 of this chapter) shall have:
    (a) Filed with the Commission all required electronic filings,
including electronic copies of documents submitted in paper pursuant to
a hardship exemption as provided by Rule 201 or Rule 202(d) of
Regulation S-T (Sec.  232.201 or Sec.  232.202(d) of this chapter); and
    (b) Submitted electronically to the Commission and posted on its
corporate Web site, if any, all Interactive Data Files required to be
submitted and posted under either Item 601(b)(101) of Regulation S-K
(Sec.  229.601(b)(101) of this chapter) or Item 101 of the Instructions
as to Exhibits of Form 20-F (Sec.  249.220f of this chapter) during the
twelve calendar months and any portion of a month immediately preceding
the filing of the registration statement on this Form.
* * * * *
    18. Amend Sec.  239.16b by revising paragraph (b) to read as
follows:

Sec.  239.16b  Form S-8, for registration under the Securities Act of
1933 of securities to be offered to employees pursuant to employee
benefit plans.

    (a) * * *
    (b) Electronic filings. In addition to satisfying the foregoing
conditions, a registrant subject to the electronic filing requirements
of Rule 101 of Regulation S-T (Sec.  232.101 of this chapter) shall
have:
    (1) Filed with the Commission all required electronic filings,
including electronic copies of documents submitted in paper pursuant to
a hardship exemption as provided by Rule 201 or Rule 202(d) of
Regulation S-T (Sec.  232.201 or Sec.  232.202(d) of this chapter); and
    (2) Submitted electronically to the Commission and posted on its
corporate Web site, if any, all Interactive Data Files required to be
submitted and posted under either Item 601(b)(101) of Regulation S-K
(Sec.  229.601(b)(101) of this chapter) or Item 101 of the Instructions
as to Exhibits of Form 20-F (Sec.  249.220f of this chapter) during the
twelve calendar months and any portion of a month immediately preceding
the filing of the registration statement on this Form.
    19. Amend Form S-8 (referenced in Sec.  239.16b) by revising
paragraph A.3 and adding paragraphs A.3(a) and A.3(b) of the General
Instructions to read as follows:

    Note: The text of Form S-8 does not and this amendment will not
appear in the Code of Federal Regulations.

Form S-8

* * * * *

General Instructions

    A. * * *
    1. * * *
    2. * * *
    3. Electronic filings. In addition to satisfying the foregoing
conditions, a registrant subject to the electronic filing requirements
of Rule 101 of Regulation S-T (Sec.  232.101 of this chapter) shall
have:
    (a) Filed with the Commission all required electronic filings,
including electronic copies of documents submitted in paper pursuant to
a hardship exemption as provided by Rule 201 or Rule 202(d) of
Regulation S-T (Sec.  232.201 or Sec.  232.202(d) of this chapter); and
    (b) Submitted electronically to the Commission and posted on its
corporate Web site, if any, all Interactive Data Files required to be
submitted and posted under either Item 601(b)(101) of Regulation S-K
(Sec.  229.601(b)(101) of this chapter) or Item 101 of the Instructions
as to Exhibits of Form 20-F (Sec.  249.220f of this chapter) during the
twelve calendar months and any portion of a month immediately preceding
the filing of the registration statement on this Form.
* * * * *
    20. Amend Sec.  239.33 by revising paragraph (a)(6) to read as
follows:

Sec.  239.33  Form F-3, for registration under the Securities Act of
1933 of securities of certain foreign private issuers offered pursuant
to certain types of transactions.

* * * * *
    (a) * * *
    (6) Electronic filings. In addition to satisfying the foregoing
conditions, a registrant subject to the electronic filing requirements
of Rule 101 of Regulation S-T (Sec.  232.101 of this chapter) shall
have:
    (i) Filed with the Commission all required electronic filings,
including electronic copies of documents submitted in paper pursuant to
a hardship exemption as provided by Rule 201 or Rule 202(d) of
Regulation S-T (Sec.  232.201 or Sec.  232.202(d) of this chapter); and
    (ii) Submitted electronically to the Commission and posted on its
corporate Web site, if any, all Interactive Data Files required to be
submitted and posted under either Item 601(b)(101) of Regulation S-K
(Sec.  229.601(b)(101) of this chapter) or Item 101 of the Instructions
as to Exhibits of Form 20-F (Sec.  249.220f of this chapter) during the
twelve calendar months and any portion of a month immediately preceding
the filing of the registration statement on this Form.
* * * * *
    21. Amend Form F-3 (referenced in Sec.  239.33) by revising
paragraph I.A.6 and adding paragraphs I.A.6(i) and I.A.6(ii) of the
General Instructions to read as follows:

    Note: The text of Form F-3 does not and this amendment will not
appear in the Code of Federal Regulations.

Form F-3

* * * * *

General Instructions

    I. * * *
    A. * * *
    6. Electronic filings. In addition to satisfying the foregoing
conditions, a registrant subject to the electronic filing requirements
of Rule 101 of Regulation S-T (Sec.  232.101 of this chapter) shall
have:
    (i) Filed with the Commission all required electronic filings,
including electronic copies of documents submitted in paper pursuant to
a hardship exemption as provided by Rule 201 or Rule 202(d) of
Regulation S-T (Sec.  232.201 or Sec.  2.202(d) of this chapter); and
    (ii) Submitted electronically to the Commission and posted on its
corporate Web site, if any, all Interactive Data Files required to be
submitted and posted under either Item 601(b)(101) of Regulation S-K
(Sec.  229.601(b)(101) of this chapter) or Item 101 of the Instructions
as to Exhibits of Form 20-F (Sec.  249.220f of this chapter) during the
twelve calendar months and any portion of a month immediately preceding
the filing of the registration statement on this Form.
* * * * *

PART 240--GENERAL RULES AND REGULATIONS, SECURITIES EXCHANGE ACT OF
1934

    22. The authority citation for part 240 continues to read in part
as follows:

    Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 77s, 77z-2, 77z-3,
77eee, 77ggg, 77nnn, 77sss, 77ttt, 78c, 78d, 78e, 78f, 78g, 78i,
78j, 78j-1, 78k, 78k-1, 78l, 78m, 78n, 78o, 78p, 78q, 78s, 78u-5,
78w, 78x, 78ll, 78mm, 80a-20, 80a-23, 80a-29, 80a-37, 80b-3, 80b-4,
80b-11, and 7201 et seq.; and 18 U.S.C. 1350, unless otherwise
noted.
* * * * *
    23. Amend Sec.  240.13a-14 by revising paragraph (f) to read as
follows:

Sec.  240.13a-14  Certification of disclosure in annual and quarterly
reports.

* * * * *
    (f) The certification requirements of this section do not apply to

    (1) An Interactive Data File, as defined in Rule 11 of Regulation
S-T (Sec.  232.11 of this chapter); or
    (2) XBRL-Related Documents, as defined in Rule 11 of Regulation S-
T.
    24. Amend Sec.  240.15d-14 by revising paragraph (f) to read as
follows:

Sec.  240.15d-14  Certification of disclosure in annual and quarterly
reports.

* * * * *
    (f) The certification requirements of this section do not apply to:
    (1) An Interactive Data File, as defined in Rule 11 of Regulation
S-T (Sec.  232.11 of this chapter); or
    (2) XBRL-Related Documents, as defined in Rule 11 of Regulation S-
T.

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

    25. The authority citation for part 249 continues to read in part
as follows:

    Authority: 15 U.S.C. 78a et seq., 7202, 7233, 7241, 7262, 7264,
and 7265; and 18 U.S.C. 1350, unless otherwise noted.
* * * * *
    26. Amend Form 20-F (referenced in Sec.  249.220f) by revising
paragraph 100 and adding paragraph 101 at the end of ``Instructions as
to Exhibits'' to read as follows:

    Note: The text of Form 20-F does not and this amendment will not
appear in the Code of Federal Regulations.

Form 20-F

* * * * *

Instructions as to Exhibits

* * * * *
    100. XBRL-Related Documents. Only a registrant that prepares its
financial statements in accordance with Article 6 of Regulation S-X (17
CFR 210.6-01 et seq.) is permitted to participate in the voluntary XBRL
(eXtensible Business Reporting Language) program and, as a result, may
submit XBRL-Related Documents (Sec.  232.11 of this chapter). Rule 401
of Regulation S-T (Sec.  232.401 of this chapter) sets forth further
details regarding eligibility to participate in the voluntary XBRL
program.
    101. Interactive Data File. An Interactive Data File (Sec.  232.11
of this chapter) is:
    (a) Required to be submitted to the Commission and posted on the
registrant's corporate Web site, if any, in the manner provided by Rule
405 of Regulation S-T (Sec.  232.405 of this chapter) if the Form 20-F
is an annual report and the registrant is not specified by paragraph
(c) of this Instruction 101 and is:
    (i) A large accelerated filer (Sec.  240.12b-2 of this chapter)
that had an aggregate worldwide market value of the voting and non-
voting common equity held by non-affiliates of more than $5 billion as
of the last business day of its most recently completed second fiscal
quarter that is a foreign private issuer (Sec.  240.3b-4(c) of this
chapter) that prepares its financial statements in accordance with
generally accepted accounting principles as used in the United States
and the filing contains financial statements of the registrant for a
period that ends on or after December 15, 2008;
    (ii) A large accelerated filer not specified in paragraph (a)(i) of
this instruction but is a foreign private issuer that prepares its
financial statements in accordance with generally accepted accounting
principles as used in the United States and the filing contains
financial statements of the registrant for a period that ends on or
after December 15, 2009;
    (iii) A filer not specified in paragraph (a)(i) or (ii) of this
instruction that is a foreign private issuer that prepares its
financial statements in accordance with generally accepted accounting
principles as used in the United States and the filing contains
financial statements of the registrant for a period that ends on or
after December 15, 2010; and
    (iv) A foreign private issuer that prepares its financial
statements in accordance with International Financial Reporting
Standards as issued by the International Accounting Standards Board,
and the filing contains financial statements of the registrant for a
period that ends on or after December 15, 2010.
    (b) Permitted to be submitted to the Commission in the manner
provided by Rule 405 of Regulation S-T (Sec.  232.405 of this chapter)
if the registrant:
    (i) Prepares its financial statements
    (A) In accordance with either
    (1) Generally accepted accounting principles as used in the United
States; or
    (2) International Financial Reporting Standards as issued by the
International Accounting Standards Board; and
    (B) Not in accordance with Article 6 of Regulation S-X (17 CFR
210.6-01 et seq.); and
    (ii) Is not required to be submitted to the Commission under
paragraph (a) of this Instruction 101.
    (c) Not permitted to be submitted to the Commission if the
registrant prepares its financial statements in accordance with Article
6 of Regulation S-X (17 CFR 210.6-01 et seq.).
* * * * *
    27. Amend Form 6-K (referenced in Sec.  249.306) by revising
paragraph (5) to General Instruction C to read as follows:

    Note: The text of Form 6-K does not and this amendment will not
appear in the Code of Federal Regulations.

Form 6-K

* * * * *

General Instructions

* * * * *
    C. * * *
    (5) XBRL-Related Documents. Only a registrant that prepares its
financial statements in accordance with Article 6 of Regulation S-X (17
CFR 210.6-01 et seq.) is permitted to participate in the voluntary XBRL
(eXtensible Business Reporting Language) program and, as a result, may
submit XBRL-Related Documents (Sec.  232.11 of this chapter). XBRL-
Related Documents submitted as an exhibit to a Form 6-K must be listed
as exhibit 100. Rule 401 of Regulation S -T (Sec.  232.401 of this
chapter) sets forth further details regarding eligibility to
participate in the voluntary XBRL program.
* * * * *

    By the Commission.

    Dated: May 30, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-12596 Filed 6-9-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: February 24, 2010 (Volume 75, Number 36)]
[Rules and Regulations]
[Page 8246-8249]
[DOCID:fr24fe10-6]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2009-0704; FRL-9107-2]

Approval and Promulgation of Air Quality Implementation Plans;
Indiana; Volatile Organic Compound Emission Control Measures for Lake
and Porter Counties in Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is approving into the Indiana State Implementation Plan
(SIP) several volatile organic compound (VOC) control rules. The
purpose of these rules is to satisfy Indiana's VOC reasonably available
control technology (RACT) requirements for the Lake and Porter County
portion of the Chicago-Gary-Lake County, IL-IN, 8-hour ozone
nonattainment area. These rules are approvable because they satisfy the
control and enforceability requirements of the Clean Air Act (Act),
including Indiana's requirement to adopt VOC RACT rules consistent with
the Control Technique Guideline (CTG) documents issued by EPA in 2006,
2007 and 2008. EPA proposed these rules for approval on October 16,
2009, and received no comments.

DATES: This final rule is effective on March 26, 2010.

ADDRESSES: EPA has established a docket for this action under Docket ID
Nos. EPA-R05-OAR-2009-0704. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the Environmental Protection Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This
facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal holidays. We recommend that you telephone Steven
Rosenthal, Environmental Engineer, at<PHONE_NUMBER> before visiting
the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Steven Rosenthal, Environmental
Engineer, Criteria Pollutant Section, Air

Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What Public Comments Were Received on the Proposed Approval and
What Is EPA's Response?
II. What Action Is EPA Taking?
III. What Is the Purpose of This Action?
IV. Statutory and Executive Order Reviews

I. What Public Comments Were Received on the Proposed Approval and What
Is EPA's Response?

    No comments were received.

II. What Action Is EPA Taking?

    EPA is approving several new VOC rules into Indiana's SIP because
they are consistent with the Act, including its VOC RACT requirements.
These include rules for source categories for which the Indiana
Department of Environmental Management (IDEM) had previously indicated
it had no sources (negative declarations) and rules intended to satisfy
CTGs issued in 2006, 2007 and 2008. EPA is also approving a negative
declaration for the 2008 CTG ``Control Technique Guidelines for
Fiberglass Boat Manufacturing Materials'' in which IDEM documented that
it has no sources subject to this CTG.

III. What Is the Purpose of This Action?

    The primary purpose of these rules is to satisfy the requirement in
section 182(b) of part D of title I of the Act that VOC RACT rules be
adopted for ozone nonattainment areas. Section 182(b)(2)(A) of the Act
requires that for nonattainment areas classified as moderate or above,
States must revise their SIPs to include RACT for each category of VOC
sources covered by a CTG document issued between November 15, 1990, and
the date of attainment. The Chicago-Gary-Lake County, IL-IN, is an 8-
hour ozone nonattainment area classified as moderate. These rules
satisfy the requirement for VOC RACT rules for existing, pre-2006, CTG
and major non-CTG source categories which were due on September 15,
2006, as well as the requirement to adopt VOC RACT rules for the CTG
documents issued by EPA in 2006, 2007 and 2008.
    On March 24, 2008 (73 FR 15416), EPA made a finding that Indiana
failed to submit those VOC RACT rules which were due on September 15,
2006, for the Chicago-Gary-Lake County, IL-IN, 8-hour ozone
nonattainment area. Indiana subsequently submitted the required VOC
RACT rules for the Lake and Porter County portion of that nonattainment
area to EPA on September 4, 2009, and December 10, 2009. Failure to
submit a complete VOC RACT submittal would have triggered the offset
sanction identified in section 179(b)(2) of the Act on September 24,
2009, and would trigger the highway funding sanction in accordance with
section 179(b)(1) of the Act on March 24, 2010.
    EPA would have been required by section 110(c) of the Act to
promulgate a Federal Implementation Plan (FIP) if it had not approved
these VOC RACT rules into Indiana's SIP by March 24, 2010. Final
approval of these rules ends any obligation for EPA to promulgate a FIP
addressing this VOC RACT requirement.
    In EPA's October 16, 2009, proposal (74 FR 53193), we presented a
detailed legal and technical analysis of the State's submission. The
reader is referred to that notice for additional background on the
submission and the bases for EPA's approval.

IV. Statutory and Executive Order Reviews

    Under the Act, 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, EPA's role is to approve State choices,
provided that they meet the criteria of the Act. Accordingly, this
action merely approves 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 Order
12866 (58 FR 51735, October 4, 1993);
     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 Act; 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, this rule does not have Tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on Tribal governments or preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 26, 2010. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: January 14, 2010.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart P--Indiana

0
2. Section 52.770 is amended by adding paragraph (c)(193) to read as
follows:

Sec.  52.770  Identification of plan.

* * * * *
    (c) * * *
    (193) On December 10, 2009, the Indiana Department of Environmental
Management submitted several volatile organic compound rules for
approval into the Indiana State Implementation Plan for the Lake and
Porter County portion of the Chicago-Gary-Lake County, IL-IN, 8-hour
ozone nonattainment area. This includes both revisions to existing
rules and also new rules. Also submitted were subsequent technical
corrections to typographical, clerical, or spelling errors for some of
these rules.
    (i) Incorporation by reference.
    (A) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 8: Volatile Organic Compound Rules, Rule 1: General
provisions, Section 0.5: Definitions, Section 2: Compliance Methods,
and Section 4: Testing procedures, filed with the Publisher of the
Indiana Register on November 3, 2009, and became effective on December
3, 2009. Published in the Indiana Register on December 2, 2009 (DIN:
20091202-IR-326090220FRA).
    (B) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 8: Volatile Organic Compound Rules, Rule 2: Surface
Coating Emission Limitations, Section 1: Applicability, Section 2:
Automobile and light duty truck coating regulations, Section 5: Paper
coating operations, Section 6: Metal furniture coating operations,
Section 7: Large appliance coating operations, Section 9: Miscellaneous
metal and plastic parts coating operations, and Section 10: Flat wood
panels; manufacturing operations, filed with the Publisher of the
Indiana Register on November 3, 2009, and became effective on December
3, 2009. Published in the Indiana Register on December 2, 2009 (DIN:
20091202-IR-326090220FRA).
    (C) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 8: Volatile Organic Compound Rules, Rule 5:
Miscellaneous Operations, Section 5: Graphic arts operations, filed
with the Publisher of the Indiana Register on November 3, 2009, and
became effective on December 3, 2009. Published in the Indiana Register
on December 2, 2009 (DIN: 20091202-IR-326090220FRA).
    (D) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 8: Volatile Organic Compound Rules, Rule 16: Offset
Lithographic Printing and Letterpress Printing, filed with the
Publisher of the Indiana Register on November 3, 2009, and became
effective on December 3, 2009. Published in the Indiana Register on
December 2, 2009 (DIN: 20091202-IR-326090221FRA).
    (E) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 8: Volatile Organic Compound Rules, Rule 17: Industrial
Solvent Cleaning Operations, filed with the Publisher of the Indiana
Register on November 3, 2009, and became effective on December 3, 2009.
Published in the Indiana Register on December 2, 2009 (DIN: 20091202-
IR-326090221FRA).
    (F) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 8: Volatile Organic Compound Rules, Rule 18: Synthetic
Organic Chemical Manufacturing Industry Air Oxidation, Distillation,
and Reactor Processes, filed with the Publisher of the Indiana Register
on November 3, 2009, and became effective on December 3, 2009.
Published in the Indiana Register on December 2, 2009 (DIN: 20091202-
IR-326090222FRA).
    (G) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 8: Volatile Organic Compound Rules, Rule 19: Control of
Volatile Organic Compound Emissions from Process Vents in Batch
Operations, filed with the Publisher of the Indiana Register on
November 3, 2009, and became effective on December 3, 2009. Published
in the Indiana Register on December 2, 2009 (DIN: 20091202-IR-
326090222FRA).
    (H) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 8: Volatile Organic Compound Rules, Rule 20: Industrial
Wastewater, filed with the Publisher of the Indiana Register on
November 3, 2009, and became effective on December 3, 2009. Published
in the Indiana Register on December 2, 2009 (DIN: 20091202-IR-
326090222FRA).
    (I) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 8: Volatile Organic Compound Rules, Rule 21: Aerospace
Manufacturing and Rework Operations, filed with the Publisher of the
Indiana Register on November 3, 2009, and became effective on December
3, 2009. Published in the Indiana Register on December 2, 2009 (DIN:
20091202-IR-326090222FRA).
    (J) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 8: Volatile Organic Compound Rules, Rule 22:
Miscellaneous Industrial Adhesives, filed with the Publisher of the
Indiana Register on November 3, 2009, and became effective on December
3, 2009. Published in the Indiana Register on December 2, 2009 (DIN:
20091202-IR-326090221FRA).
    (K) Corrections to Indiana Administrative Code Title 326: Air
Pollution Control Board, Article 8: Volatile Organic Compound Rules,
Rule 1: General provisions, Section 2: Compliance Methods and Section
4: Testing procedures, filed with the Publisher of the Indiana Register
on November 18, 2009, and became effective on January 2, 2010.
Published in the Indiana Register on December 16, 2009 (DIN: 20091216-
IR-326090220ACA).
    (L) Corrections to Indiana Administrative Code Title 326: Air
Pollution Control Board, Article 8: Volatile Organic Compound Rules,
Rule 2: Surface Coating Emission Limitations, Section 2: Automobile and
light duty truck coating operations, filed with the Publisher of the
Indiana Register on November 18, 2009, and became effective on January
2, 2010. Published in the Indiana Register on December 16, 2009 (DIN:
20091216-IR-326090220ACA).
    (M) Corrections to Indiana Administrative Code Title 326: Air
Pollution Control Board, Article 8: Volatile Organic Compound Rules,
Rule 16: Offset Lithographic Printing and Letterpress Printing, filed
with the Publisher of the Indiana Register on November 18, 2009, and
became effective on January 2, 2010. Published in the Indiana Register
on December 16, 2009 (DIN: 20091216-IR-326090221ACA).
    (N) Corrections to Indiana Administrative Code Title 326: Air
Pollution Control Board, Article 8: Volatile Organic Compound Rules,
Rule 17: Industrial Solvent Cleaning Operations, filed with the
Publisher of the Indiana Register on November 18, 2009, and became
effective on January 2, 2010. Published in the Indiana

Register on December 16, 2009 (DIN: 20091216-IR-326090221ACA).
    (O) Corrections to Indiana Administrative Code Title 326: Air
Pollution Control Board, Article 8: Volatile Organic Compound Rules,
Rule 18: Synthetic Organic Chemical Manufacturing Industry Air
Oxidation, Distillation, and Reactor Processes, filed with the
Publisher of the Indiana Register on November 19, 2009, and became
effective on January 3, 2010. Published in the Indiana Register on
December 16, 2009 (DIN: 20091216-IR-326090222ACA).
    (P) Corrections to Indiana Administrative Code Title 326: Air
Pollution Control Board, Article 8: Volatile Organic Compound Rules,
Rule 19: Control of Volatile Organic Compound Emissions from Process
Vents in Batch Operations, filed with the Publisher of the Indiana
Register on November 19, 2009, and became effective on January 3, 2010.
Published in the Indiana Register on December 16, 2009 (DIN: 20091216-
IR-326090222ACA).
    (Q) Corrections to Indiana Administrative Code Title 326: Air
Pollution Control Board, Article 8: Volatile Organic Compound Rules,
Rule 20: Industrial Wastewater, filed with the Publisher of the Indiana
Register on November 19, 2009, and became effective on January 3, 2010.
Published in the Indiana Register on December 16, 2009 (DIN: 20091216-
IR-326090222ACA).
    (R) Corrections to Indiana Administrative Code Title 326: Air
Pollution Control Board, Article 8: Volatile Organic Compound Rules,
Rule 21: Aerospace Manufacturing and Rework Operations, filed with the
Publisher of the Indiana Register on November 19, 2009, and became
effective on January 3, 2009. Published in the Indiana Register on
December 16, 2009 (DIN: 20091216-IR-326090222ACA).
    (S) Corrections to Indiana Administrative Code Title 326: Air
Pollution Control Board, Article 8: Volatile Organic Compound Rules,
Rule 22: Miscellaneous Industrial Adhesives, filed with the Publisher
of the Indiana Register on November 18, 2009, and became effective on
January 2, 2010. Published in the Indiana Register on December 16, 2009
(DIN: 20091216-IR-326090221ACA).

[FR Doc. 2010-3523 Filed 2-23-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Notices]
[Pages 55060-55061]
[FR Doc No: 2020-19490]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Termination of Previously Initiated Processes for the Development
of Air Tour Management Plans and Environmental Assessments/
Environmental Impact Statements for Various National Park Units and
Notice of Intent To Complete Air Tour Management Plans at 23 National
Park Units

AGENCY: Federal Aviation Administration, Department of Transportation.

ACTION: Notice of Termination of Previously Initiated Processes for Air
Tour Management Plans and Associated Environmental Documents and Notice
of Intent to Complete Air Tour Management Plans at 23 National Park
Units.

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SUMMARY: The Federal Aviation Administration (FAA), in cooperation with
the National Park Service (NPS), announces that it is terminating
previously initiated processes for the development of Air Tour
Management Plans (ATMP) and Environmental Assessments (EA)/
Environmental Impact Statements (EIS) for a number of National Park
System units. The agencies had initiated and actively worked these
processes at a number of parks from 2004 to 2011 but ceased all work by
September 2012 due to a focus on other program priorities. Given the
length of time since these processes were initiated and actively
worked, termination of these processes will allow the agencies to start
anew with the development of ATMPs and associated environmental
documents at these and other parks.

FOR FURTHER INFORMATION CONTACT: Keith Lusk, Program Manager, AWP-1SP,
Federal Aviation Administration, Western-Pacific Region, 777 S Aviation
Boulevard, Suite 150, El Segundo, California 90245. Telephone: (424)
405-7017.

SUPPLEMENTARY INFORMATION: In the following Federal Register notices
the FAA, in cooperation with the National Park Service (NPS), had
provided notice of its intent to develop EA/EIS documents for the ATMPs
at various National Park System units pursuant to the National Parks
Air Tour Management Act of 2000 (NPATMA) (Pub. L. 106-181) and its
implementing regulations contained in 14 CFR part 136, subpart B,
National Parks Air Tour Management:
    Haleakala National Park (68 FR 3301, Jan. 23, 2003; 69 FR 9420-
9422, Feb. 27, 2004; and 71 FR 66575-66576, Nov. 15, 2006);
    Hawaii Volcanoes National Park (68 FR 3301-3302, Jan. 23, 2003; 69
FR 9420-9422, Feb. 27, 2004; and 70 FR 44416-44417, Aug. 2, 2005);
    Mount Rushmore National Memorial (69 FR 20660-20661, Apr. 16,
2004);
    Badlands National Park (69 FR 20658-20659, Apr. 16, 2004);
    Lake Mead National Recreation Area (69 FR 20659-20660, Apr. 16,
2004);
    Death Valley National Park (75 FR 2922-2923, Jan. 19, 2010);
    Mount Rainier National Park (75 FR 16899-16900, Apr. 2, 2010; 75 FR
18568-18569, Apr. 12, 2010); and
    Golden Gate National Recreation Area/San Francisco Maritime
National Historical Park/Point Reyes National Seashore (76 FR 45312,
July 2011).
    In 2004, the FAA and NPS began preparing environmental
documentation to comply with NPATMA and the National Environmental
Policy Act (NEPA) (Pub. L. 91-190), which requires Federal agencies to
consider the environmental impacts associated with a major Federal
action, such as completing an ATMP. The agencies were unable to
complete any ATMPs due primarily to differences in their respective
approaches to environmental analysis.
    In 2012, the agencies ceased work on the development of ATMPs and
associated environmental documentation at these parks and refocused
efforts on implementation of various NPATMA amendment provisions
included in the FAA Modernization and Reform Act of 2012 (Pub. L. 112-
95). In particular, the agencies focused on the development of
Voluntary Agreements (VAs), which do not require compliance with NEPA.
    On February 14, 2019, Public Employees for Environmental
Responsibility and the Hawaii Coalition Malama Pono filed a petition
for writ of mandamus in the U.S. Court of Appeals for the District of
Columbia Circuit seeking to have the FAA and the NPS complete air tour
management plans or voluntary agreements at seven specified parks. On
May 1, 2020, the Court granted the petition and ordered the

FAA and the NPS to file a proposed schedule within 120 days for
bringing all 23 eligible parks into compliance with NPATMA within two
years or to provide specific, concrete reasons why it would take
longer.
    The agencies intend to bring the 23 national park units referenced
in the Court's order into compliance with NPATMA over the next two
years through the development of ATMPs or, secondarily, voluntary
agreements. The 23 national park units, listed below, consist of the
ten aforementioned park units along with 13 other park units where the
ATMP process was never initiated.

1. Arches National Park
2. Badlands National Park
3. Bandelier National Monument
4. Bryce Canyon National Park
5. Canyon de Chelly National Monument
6. Canyonlands National Park
7. Death Valley National Park
8. Everglades National Park
9. Glacier National Park
10. Glen Canyon National Recreation Area
11. Golden Gate National Recreation Area
12. Great Smoky Mountains National Park
13. Haleakal[amacr] National Park
14. Hawai'i Volcanoes National Park
15. Lake Mead National Recreation Area
16. Mount Rainier National Park
17. Mount Rushmore National Memorial
18. Natural Bridges National Monument
19. National Parks of New York Harbor Management Unit
20. Olympic National Park
21. Point Reyes National Seashore
22. Rainbow Bridge National Monument
23. San Francisco Maritime National Historical Park

    In accordance with NPATMA, for each ATMP the agencies develop, they
will hold at least one public meeting, publish the proposed ATMP in the
Federal Register, comply with NEPA, and invite Tribes to participate as
cooperating agencies, as appropriate. The agencies intend to accomplish
these requirements in a consolidated fashion to the extent practical.
The agencies have been meeting regularly over the last year to resolve
past disagreements over the environmental analysis and NEPA compliance
and have successfully resolved key concerns. Both agencies will sign
the ATMPs and environmental decision documents. All ATMPs that the
agencies create will include adaptive management measures to ensure the
continued effectiveness of each ATMP over time. For any voluntary
agreement, the agencies will provide an opportunity for public review
and, where applicable, tribal consultation.

    Issued in El Segundo, California on August 31, 2020.
Keith Lusk,
Program Manager, Special Programs Staff, Western-Pacific Region.
[FR Doc. 2020-19490 Filed 9-2-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Notices]
[Page 66756]
[FR Doc No: 2013-26536]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4151-DR; Docket ID FEMA-2013-0001]

Santa Clara Pueblo; Amendment No. 1 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 Santa Clara Pueblo (FEMA-4151-DR), dated October 24, 2013, and
related determinations.

DATES: Effective Date: October 29, 2013.

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 Santa Clara Pueblo is hereby amended to include Public
Assistance (Categories C-G) and the Hazard Mitigation Grant Program in
the following area determined to have been adversely affected by the
event declared a major disaster by the President in his declaration of
October 24, 2013.

    The Santa Clara Pueblo for Public Assistance [Categories C-G]
(already designated for debris removal and emergency protective
measures [Categories A and B] under the Public Assistance program).
    The Santa Clara Pueblo is eligible to apply for assistance under
the Hazard Mitigation Grant 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. 2013-26536 Filed 11-5-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 85, Number 89 (Thursday, May 7, 2020)]
[Notices]
[Pages 27264-27267]
[FR Doc No: 2020-09755]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5578; FMCSA-2001-11426; FMCSA-2003-15892; FMCSA-
2003-16564; FMCSA-2004-17195; FMCSA-2005-23099; FMCSA-2007-27897;
FMCSA-2008-0021; FMCSA-2009-0303; FMCSA-2009-0321; FMCSA-2010-0050;
FMCSA-2011-0298; FMCSA-2011-0378; FMCSA-2011-0379; FMCSA-2011-0380;
FMCSA-2012-0040; FMCSA-2012-0104; FMCSA-2013-0029; FMCSA-2013-0165;
FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2013-0174;
FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2015-0071;
FMCSA-2015-0072; FMCSA-2015-0348; FMCSA-2015-0351; FMCSA-2016-0024;
FMCSA-2016-0025; FMCSA-2016-0027; FMCSA-2017-0028; FMCSA-2018-0011]

Qualification of Drivers; Exemption Applications; Vision

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

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

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

SUMMARY: FMCSA announces its decision to renew exemptions for 58
individuals from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to continue to
operate CMVs in interstate commerce without meeting the vision
requirements in one eye.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before June 8,
2020.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-1999-5578, Docket No. FMCSA-
2001-11426, Docket No. FMCSA-2003-15892, Docket No. FMCSA-2003-16564,
Docket No. FMCSA-2004-17195, Docket No. FMCSA-2005-23099, Docket No.
FMCSA-2007-27897, Docket No. FMCSA-2008-0021, Docket No. FMCSA-2009-
0303, Docket No. FMCSA-2009-0321, Docket No. FMCSA-2010-0050, Docket
No. FMCSA-2011-0298, Docket No. FMCSA-2011-0378, Docket No. FMCSA-2011-
0379, Docket No. FMCSA-2011-0380, Docket No. FMCSA-2012-0040, Docket
No. FMCSA-2012-0104, Docket No. FMCSA-2013-0029, Docket No. FMCSA-2013-
0165, Docket No. FMCSA-2013-0168, Docket No. FMCSA-2013-0169, Docket
No. FMCSA-2013-0170, Docket No. FMCSA-2013-0174, Docket No. FMCSA-2014-
0002, Docket No. FMCSA-2014-0003, Docket No. FMCSA-2014-0004, Docket
No. FMCSA-2015-0071, Docket No. FMCSA-2015-0072, Docket No. FMCSA-2015-
0348, Docket No. FMCSA-2015-0351, Docket No. FMCSA-2016-0024, Docket
No. FMCSA-2016-0025, Docket No. FMCSA-2016-0027, Docket No. FMCSA-2017-
0028, or Docket No. FMCSA-2018-0011 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-1999-5578; FMCSA-2001-11426; FMCSA-2003-15892;
FMCSA-2003-16564; FMCSA-2004-17195; FMCSA-2005-23099; FMCSA-2007-27897;
FMCSA-2008-0021; FMCSA-2009-0303; FMCSA-2009-0321; FMCSA-2010-0050;
FMCSA-2011-0298; FMCSA-2011-0378; FMCSA-2011-0379; FMCSA-2011-0380;
FMCSA-2012-0040; FMCSA-2012-0104; FMCSA-2013-0029; FMCSA-2013-0165;
FMCSA-

2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-
2014-0002; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2015-0071; FMCSA-
2015-0072; FMCSA-2015-0348; FMCSA-2015-0351; FMCSA-2016-0024; FMCSA-
2016-0025; FMCSA-2016-0027; FMCSA-2017-0028; FMCSA-2018-0011), indicate
the specific section of this document to which each comment applies,
and provide a reason for each suggestion or recommendation. You may
submit your comments and material online or by fax, mail, or hand
delivery, but please use only one of these means. FMCSA recommends that
you include your name and a mailing address, an email address, or a
phone number in the body of your document so that FMCSA can contact you
if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-1999-5578; FMCSA-2001-11426; FMCSA-2003-
15892; FMCSA-2003-16564; FMCSA-2004-17195; FMCSA-2005-23099; FMCSA-
2007-27897; FMCSA-2008-0021; FMCSA-2009-0303; FMCSA-2009-0321; FMCSA-
2010-0050; FMCSA-2011-0298; FMCSA-2011-0378; FMCSA-2011-0379; FMCSA-
2011-0380; FMCSA-2012-0040; FMCSA-2012-0104; FMCSA-2013-0029; FMCSA-
2013-0165; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-
2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-
2015-0071; FMCSA-2015-0072; FMCSA-2015-0348; FMCSA-2015-0351; FMCSA-
2016-0024; FMCSA-2016-0025; FMCSA-2016-0027; FMCSA-2017-0028; FMCSA-
2018-0011, in the keyword box, and click ``Search.'' When the new
screen appears, click on the ``Comment Now!'' button and type your
comment into the text box on the following screen. Choose whether you
are submitting your comment as an individual or on behalf of a third
party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-1999-5578; FMCSA-2001-11426; FMCSA-
2003-15892; FMCSA-2003-16564; FMCSA-2004-17195; FMCSA-2005-23099;
FMCSA-2007-27897; FMCSA-2008-0021; FMCSA-2009-0303; FMCSA-2009-0321;
FMCSA-2010-0050; FMCSA-2011-0298; FMCSA-2011-0378; FMCSA-2011-0379;
FMCSA-2011-0380; FMCSA-2012-0040; FMCSA-2012-0104; FMCSA-2013-0029;
FMCSA-2013-0165; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170;
FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004;
FMCSA-2015-0071; FMCSA-2015-0072; FMCSA-2015-0348; FMCSA-2015-0351;
FMCSA-2016-0024; FMCSA-2016-0025; FMCSA-2016-0027; FMCSA-2017-0028;
FMCSA-2018-0011, in the keyword box, and click ``Search.'' Next, click
the ``Open Docket Folder'' button and choose the document to review. If
you do not have access to the internet, you may view the docket online
by visiting the Docket Operations in Room W12-140 on the ground floor
of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC
20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except
Federal holidays. To be sure someone is there to help you, please call
(202) 366-9317 or<PHONE_NUMBER> before visiting Docket Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.
    The 58 individuals listed in this notice have requested renewal of
their exemptions from the vision standard in Sec.  391.41(b)(10), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.

III. Request for Comments

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

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 58
applicants has satisfied the renewal conditions for obtaining an
exemption from the vision standard (see 64 FR 27027; 64 FR 51568; 66 FR
48504; 67 FR 10471; 67 FR 19798; 68 FR 54775; 68 FR 61860; 68 FR 74699;
68 FR 75715; 69 FR 10503; 69 FR 17263; 69 FR 19611; 69 FR 31447; 70 FR
53412; 71 FR 4194; 71 FR 6829; 71 FR 13450; 71 FR 16410; 71 FR 19604;
71 FR 27033; 72 FR 39879; 72 FR 52419; 72 FR 62896; 73 FR 8392; 73 FR
9158; 73 FR 11989; 73 FR 15567; 73 FR 27014; 73 FR 27015; 73 FR 28186;
74 FR 41971; 74 FR 43222; 74 FR 60022; 75 FR 1451; 75 FR 1835; 75 FR
4623; 75 FR 8184; 75 FR 9482; 75 FR 9484; 75 FR 13653; 75 FR 14656; 75
FR 19674; 75 FR 27622; 75 FR 27623; 75 FR 28682; 76 FR 54530; 76 FR
70213; 76 FR 75942; 77 FR 541; 77 FR 7233; 77 FR 10606; 77 FR 15184; 77
FR 17107; 77 FR 17109; 77 FR 17115; 77 FR 19749; 77 FR 22838; 77 FR
23797; 77 FR 23799;

77 FR 26816; 77 FR 27845; 77 FR 27847; 77 FR 27849; 77 FR 27850; 77 FR
29447; 77 FR 33558; 77 FR 38386; 78 FR 34143; 78 FR 47818; 78 FR 52602;
78 FR 63302; 78 FR 63307; 78 FR 64274; 78 FR 67454; 78 FR 76705; 78 FR
77778; 78 FR 77780; 78 FR 78477; 79 FR 1908; 79 FR 4803; 79 FR 6993; 79
FR 10606; 79 FR 10607; 79 FR 10608; 79 FR 14328; 79 FR 14331; 79 FR
14333; 79 FR 14571; 79 FR 15794; 79 FR 17641; 79 FR 18391; 79 FR 18392;
79 FR 21996; 79 FR 22003; 79 FR 23797; 79 FR 27043; 79 FR 27365; 79 FR
28588; 79 FR 29495; 79 FR 29498; 80 FR 48402; 80 FR 67472; 80 FR 67481;
80 FR 70060; 80 FR 80443; 81 FR 6573; 81 FR 11642; 81 FR 15401; 81 FR
16265; 81 FR 17237; 81 FR 20433; 81 FR 20435; 81 FR 21647; 81 FR 21655;
81 FR 26305; 81 FR 28136; 81 FR 28138; 81 FR 52516; 81 FR 66718; 81 FR
66724; 81 FR 66731; 81 FR 91239; 83 FR 2306; 83 FR 4537; 83 FR 6681; 83
FR 15195; 83 FR 24146; 83 FR 24151; 83 FR 24571; 83 FR 24585; 83 FR
28332; 83 FR 34677). They have submitted evidence showing that the
vision in the better eye continues to meet the requirement specified at
Sec.  391.41(b)(10) and that the vision impairment is stable. In
addition, a review of each record of safety while driving with the
respective vision deficiencies over the past 2 years indicates each
applicant continues to meet the vision exemption requirements. These
factors provide an adequate basis for predicting each driver's ability
to continue to drive safely in interstate commerce. Therefore, FMCSA
concludes that extending the exemption for each renewal applicant for a
period of 2 years is likely to achieve a level of safety equal to that
existing without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of June and
are discussed below. As of June 2, 2020, and in accordance with 49
U.S.C. 31136(e) and 31315, the following 40 individuals have satisfied
the renewal conditions for obtaining an exemption from the vision
requirement in the FMCSRs for interstate CMV drivers (64 FR 27027; 64
FR 51568; 66 FR 48504; 67 FR 10471; 67 FR 19798; 68 FR 54775; 68 FR
61860; 68 FR 74699; 68 FR 75715; 69 FR 10503; 69 FR 19611; 70 FR 53412;
71 FR 6829; 71 FR 16410; 71 FR 19604; 72 FR 39879; 72 FR 52419; 72 FR
62896; 73 FR 8392; 73 FR 11989; 73 FR 15567; 73 FR 27014; 73 FR 27015;
74 FR 41971; 74 FR 43222; 75 FR 1451; 75 FR 1835; 75 FR 8184; 75 FR
9482; 75 FR 13653; 75 FR 19674; 75 FR 27622; 76 FR 54530; 76 FR 70213;
76 FR 75942; 77 FR 541; 77 FR 7233; 77 FR 10606; 77 FR 17107; 77 FR
17115; 77 FR 19749; 77 FR 22838; 77 FR 23797; 77 FR 26816; 78 FR 34143;
78 FR 47818; 78 FR 52602; 78 FR 63302; 78 FR 63307; 78 FR 64274; 78 FR
67454; 78 FR 76705; 78 FR 77778; 78 FR 77780; 78 FR 78477; 79 FR 1908;
79 FR 4803; 79 FR 6993; 79 FR 10606; 79 FR 10607; 79 FR 10608; 79 FR
14328; 79 FR 14331; 79 FR 14333; 79 FR 14571; 79 FR 15794; 79 FR 17641;
79 FR 18391; 79 FR 18392; 79 FR 22003; 79 FR 23797; 79 FR 28588; 79 FR
29498; 80 FR 48402; 80 FR 67472; 80 FR 67481; 80 FR 70060; 80 FR 80443;
81 FR 6573; 81 FR 11642; 81 FR 15401; 81 FR 16265; 81 FR 17237; 81 FR
20433; 81 FR 20435; 81 FR 21647; 81 FR 21655; 81 FR 26305; 81 FR 28136;
81 FR 52516; 81 FR 66718; 81 FR 66724; 81 FR 66731; 81 FR 91239; 83 FR
2306; 83 FR 4537; 83 FR 6681; 83 FR 15195; 83 FR 24146; 83 FR 24151; 83
FR 24571; 83 FR 28332):

Stanley W. Ahne (OK)
Ronald D. Boeve (MI)
Samuel S. Byler (PA)
Darrell Canupp (MI)
Mark Castleman (MN)
Valentin S. Chernyy (NE)
Cody W. Christian (OK)
Lee A. DeHaan (SD)
Eric C. Dettrey (NJ)
David L. Dykes (FL)
Shorty M. Ellis (NC)
Robin S. England (GA)
Juan Gallo-Gomez (CT)
Gregory T. Garris (OK)
Jerry L. Gray (AL)
James R. Hammond (OH)
Edward W. Hosier (MO)
Michael J. Hoskins (KS)
Nathan H. Jacobs (NM)
Roger W. Kerns (IA)
Christopher B. Liston (TN)
Michael S. Maki (MN)
Stanley B. Marshall (GA)
Stephen R. Marshall (MS)
Roberto C. Mendez (TX)
Jack D. Miller (OH)
John E. Nichols (PA)
Andrew M. Nurnberg (GA)
Juan C. Ramirez (OH)
Joshua A. Rhynd (ME)
Danny L. Rolfe (ME)
Ryan R. Ross (SC)
John Rueckert (SD)
Mark A. Sanders (OK)
Joseph W. Schmit (NE)
Dale L. Schneider (IA)
Larry W. Slinker (VA)
Richard M. Smith (CO)
James A. Spell (MD)
Marvin S. Zimmerman (PA)

    The drivers were included in docket numbers FMCSA-1999-5578; FMCSA-
2001-11426; FMCSA-2003-15892; FMCSA-2003-16564; FMCSA-2007-27897;
FMCSA-2008-0021; FMCSA-2009-0321; FMCSA-2011-0298; FMCSA-2011-0378;
FMCSA-2013-0029; FMCSA-2013-0165; FMCSA-2013-0168; FMCSA-2013-0169;
FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003;
FMCSA-2014-0004; FMCSA-2015-0071; FMCSA-2015-0072; FMCSA-2015-0348;
FMCSA-2015-0351; FMCSA-2016-0024; FMCSA-2016-0025; FMCSA-2016-0027; and
FMCSA-2017-0028. Their exemptions are applicable as of June 2, 2020,
and will expire on June 2, 2022.
    As of June 3, 2020, and in accordance with 49 U.S.C. 31136(e) and
31315, the following nine individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (69 FR 17263; 69 FR 31447; 71 FR
4194; 71 FR 13450; 71 FR 27033; 73 FR 9158; 73 FR 28186; 74 FR 60022;
75 FR 4623; 75 FR 9484; 75 FR 14656; 75 FR 27623; 75 FR 28682; 77 FR
10606; 77 FR 15184; 77 FR 17107; 77 FR 17109; 77 FR 27845; 77 FR 27849;
77 FR 27850; 77 FR 29447; 79 FR 14328; 79 FR 14571; 79 FR 18391; 79 FR
21996; 79 FR 27043; 79 FR 28588; 81 FR 28138; 83 FR 28332):

Ernie E. Black (NC)
Marland L. Brassfield (TX)
Melvin D. Clark (GA)
Rojelio Garcia-Pena (MI)
Stephen H. Goldcamp (OH)
Wai F. King (IL)
Travis J. Luce (MI)
Jason T. Montoya (NM)
Carl D. Short (MO)

    The drivers were included in docket numbers FMCSA-2004-17195;
FMCSA-2005-23099; FMCSA-2009-0303; FMCSA-2010-0050; FMCSA-2011-0379;
FMCSA-2011-0380; and FMCSA-2014-0003. Their exemptions are applicable
as of June 3, 2020, and will expire on June 3, 2022.
    As of June 6, 2020, and in accordance with 49 U.S.C. 31136(e) and
31315, the following individual has satisfied the renewal conditions
for obtaining an exemption from the vision requirement in the FMCSRs
for interstate CMV drivers (77 FR 23799; 77 FR 33558; 79 FR 27365; 81
FR 28138; 83 FR 28332):

Richard Doroba (IL)

    The driver was included in docket number FMCSA-2012-0040. The
exemption is applicable as of June 6, 2020, and will expire on June 6,
2022.
    As of June 27, 2020, and in accordance with 49 U.S.C. 31136(e) and
31315, the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (77 FR 27847; 77 FR 38386; 79 FR
29495; 81 FR 28138; 83 FR 28332):

Matthew G. Epps (FL)
James E. Sikkink (IL)

    The drivers were included in docket number FMCSA-2012-0104. Their
exemptions are applicable as of June 27, 2020, and will expire on June
27, 2022.
    As of June 29, 2020, and in accordance with 49 U.S.C. 31136(e) and
31315, the following six individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (83 FR 24585; 83 FR 34677):

Joseph W. Davis (NC)
Thomas R. Krentz (MN)
Phil M. Lamp (WV)
Jeffery S. Lathrop (NC)
James B. Powell (IL)
Zebrial C. Stahmer (MT)

    The drivers were included in docket number FMCSA-2018-0011. Their
exemptions are applicable as of June 29, 2020, and will expire on June
29, 2022.

V. Conditions and Requirements

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

VI. Preemption

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

VI. Conclusion

    Based upon its evaluation of the 58 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the vision
requirement inSec.  391.41(b)(10), subject to the requirements cited
above. In accordance with 49 U.S.C. 31136(e) and 31315(b), each
exemption will be valid for 2 years unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-09755 Filed 5-6-20; 8:45 am]
 BILLING CODE 4910-EX-P