[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Pages 80446-80447]
[FR Doc No: 2015-32364]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Annual Random Controlled Substances Testing Percentage Rate for
Calendar Year 2016

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

ACTION: Notice of program change.

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SUMMARY: The FMCSA announces, pursuant to 49 CFR 382.305, that it is
reducing the minimum annual percentage rate for random controlled
substances testing for drivers of commercial motor vehicles (CMVs)
requiring a commercial driver's license (CDL) from the current rate of
50 percent of the average number of driver positions to 25 percent of
the average number of driver positions, effective in calendar year
2016. The FMCSA Administrator has the discretion to decrease the
minimum annual random testing percentage rate based on the reported
positive random test rate for the entire motor carrier industry. Based
on the controlled substances random test data in FMCSA's Management
Information System (MIS) for calendar years 2011, 2012, and 2013, the
positive rate for controlled substances random testing fell below the
1.0 percent threshold for 3 consecutive calendar years. As a result,
the Agency will lower the controlled substances minimum annual
percentage rate for random controlled substances testing to 25 percent
of the average number of driver positions. In accordance with 49 CFR
382.305(e)(2) if, in the future, the reported positive rate for any
calendar year is equal to or greater than 1.0 percent, the FMCSA
Administrator will increase the minimum annual percentage rate for
random controlled substances testing to 50 percent of all driver
positions.

DATES: Effective January 1, 2016, the minimum annual percentage rate
for random controlled substances testing, for drivers of commercial
motor vehicles (CMVs) requiring a commercial driver's license (CDL),
will be 25 percent.

FOR FURTHER INFORMATION CONTACT: For information concerning this
notice, contact Mr. Juan Moya, Drug and Alcohol Program Manager,
Compliance Division, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590,<PHONE_NUMBER> or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The final rule titled, ``Controlled Substances and Alcohol Use and
Testing,'' published August 17, 2001, (66 FR 43097), established the
process by which the Agency determines whether the minimum annual
percentage rate for random controlled substances testing should be
increased or decreased. The final rule included a provision indicating
that the decision on whether to increase or decrease the percentage
rate would be based upon the motor carrier industry's overall positive
random controlled substance test rate, as reported by motor carrier
employers to FMCSA, pursuant to 49 CFR 382.403. Under this performance-
based system, the testing rate was initially set at 50 percent. The
FMCSA Administrator may, at his or her discretion, lower the minimum
annual random controlled substances testing

percentage rate to 25 percent when the industry-wide random controlled
substances positive rate is less than 1.0 percent for two consecutive
calendar years. 49 CFR 382.305(g). The new annual random testing
percentage rate would then apply starting January 1 of the following
calendar year. 49 CFR 382.305(f).
    In accordance with 49 CFR 382.403, each calendar year FMCSA
requires motor carriers selected for the survey to submit their DOT
drug and alcohol testing program results. Selected motor carriers are
responsible for ensuring the completeness, accuracy, and timeliness of
the data submitted. The survey requires motor carriers to provide
information to the Agency on the number of random tests conducted and
the corresponding positive rates.
    For the 2013 survey, notices were sent out to 3,251 randomly
selected motor carriers primarily via email and U.S. mail for those
motor carriers with invalid or no email addresses. Of these forms,
2,236 were completed and returned to FMCSA, resulting in usable data
from 1,654 carriers comprising of 497,270 CDL drivers based on the
motor carriers' survey responses. Respondents providing non-usable data
represent entities that are out of business, exempt, have no testing
program in place, or belong to consortia that did not test any drivers
for the carrier during 2013.
    The estimated positive random controlled substance test rate in
2013 is 0.7 percent. The 95-percent confidence interval for this
estimate ranges from 0.6-0.8 percent. In other words, if the survey
were to be replicated, it would be expected that the confidence
interval derived from each replication would contain the true usage
rate in 95 out of 100 surveys. For 2011 and 2012, the estimated
positive usage rate for drugs was estimated to be 0.9 percent and 0.6
percent, respectively.
    For calendar year 2015, in order to ensure reliability of the data,
the FMCSA Administrator made the decision to maintain the annual
testing percentage rate at 50 percent and sought additional information
related to drivers' positive test rates. Following a third consecutive
calendar year of data reporting the positive rate below 1.0 percent
FMCSA announces that the random controlled substances annual percentage
testing rate will change from 50 percent to 25 percent. The new minimum
annual percentage rate for random drug testing will be effective
January 1, 2016. This change reflects the sustained low positive test
rate and will result in an estimated $50 million in annual savings to
motor carriers by requiring that fewer drivers be tested.
    In accordance with 49 CFR 382.305(e)(2) if, in the future, the
reported positive rate for any calendar year is equal to or greater
than 1.0 percent, the FMCSA Administrator will increase the minimum
annual percentage rate for random controlled substances testing to 50
percent of all driver positions.

Minimum Annual Percentage Rates for Random Controlled Substances
Testing for 2016

    Effective January 1, 2016, the minimum annual percentage rate for
random controlled substances testing is 25 percent of the average
number of driver positions. The minimum annual percentage rate for
random alcohol testing will remain at 10 percent.

    Issued on: December 17, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-32364 Filed 12-23-15; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Notices]
[Pages 7889-7891]
[FR Doc No: 2022-02781]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94151; File No. SR-NYSEArca-2021-90]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Instituting
Proceedings To Determine Whether To Approve or Disapprove a Proposed
Rule Change To List and Trade Shares of Grayscale Bitcoin Trust (BTC)
Under NYSE Arca Rule 8.201-E

February 4, 2022.
    On October 19, 2021, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade shares (``Shares'') of Grayscale
Bitcoin Trust (BTC) (``Trust'') under NYSE Arca Rule 8.201-E
(Commodity-Based Trust Shares). The proposed rule change was published
for comment in the Federal Register on November 8, 2021.\3\
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 93504 (Nov. 2,
2021), 86 FR 61804 (``Notice''). Comments received on the proposed
rule change are available at: https://www.sec.gov/comments/sr-nysearca-2021-90/srnysearca202190.htm.
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    On December 15, 2021, pursuant to Section 19(b)(2) of the Act,\4\
the Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\5\ This order institutes proceedings under Section 19(b)(2)(B)
of the Act \6\ to determine whether to approve or disapprove the
proposed rule change.
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    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 93788, 86 FR 72291
(Dec. 21, 2021). The Commission designated February 6, 2022, as the
date by which it should approve, disapprove, or institute
proceedings to determine whether to disapprove the proposed rule
change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
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I. Summary of the Proposal

    As described in more detail in the Notice,\7\ the Exchange proposes
to list and trade the Shares of the Trust under NYSE Arca Rule 8.201-E,
which governs the listing and trading of Commodity-Based Trust Shares
on the Exchange.
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    \7\ See Notice, supra note 3.
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    The investment objective of the Trust is for the value of the
Shares (based on bitcoin per Share) to reflect the value of the
bitcoins held by the Trust, as determined by reference to the ``Index
Price,'' less the Trust's expenses and other liabilities.\8\ The
``Index Price'' is the U.S. dollar value of a bitcoin as represented by
the ``Index,'' calculated at 4:00 p.m., New York time, on each business
day.\9\ According to the Exchange, the Index Provider develops,
calculates, and publishes the Index on

a continuous basis using the volume-weighted price at certain bitcoin
spot trading platforms selected by the Index Provider. As of June 30,
2021, the bitcoin spot trading platforms included in the Index were:
Coinbase Pro, Bitstamp, Kraken, and LMAX Digital (``Constituent
Platforms''). The Index applies an algorithm to the 24-hour volume-
weighted average price of bitcoin on the Constituent Platforms
calculated on a per second basis.\10\ To calculate volume weighted
price, the weighting algorithm is applied to the price and volume of
all inputs for the immediately preceding 24-hour period at 4:00 p.m.,
New York time, on the trade date.\11\ The Trust's assets will consist
solely of bitcoins; Incidental Rights; \12\ IR Virtual Currency; \13\
proceeds from the sale of bitcoins, Incidental Rights, and IR Virtual
Currency pending use of such cash for payment of Additional Trust
Expenses \14\ or distribution to the shareholders; and any rights of
the Trust pursuant to any agreements, other than the Trust Agreement,
to which the Trust is a party. Each Share represents a proportional
interest, based on the total number of Shares outstanding, in each of
the Trust's assets as determined in the case of bitcoin by reference to
the Index Price, less the Trust's expenses and other liabilities (which
include accrued but unpaid fees and expenses).\15\
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    \8\ See id. at 61805. Grayscale Investments, LLC (``Sponsor'')
is the sponsor of the Trust and is a wholly-owned subsidiary of
Digital Currency Group, Inc. Delaware Trust Company (``Trustee'') is
the trustee of the Trust, the custodian for the Trust is Coinbase
Custody Trust Company, LLC (``Custodian''), and the distribution and
marketing agent for the Trust is Genesis. The Trust operates
pursuant to a trust agreement (``Trust Agreement'') between the
Sponsor and the Trustee. See id.
    \9\ See id. at 61810. The index provider for the Trust is
TradeBlock, Inc. (``Index Provider''). See id. at 61805. While the
Exchange does not name the Index that the Trust would use to value
the bitcoin held by the Trust, the Exchange provides that the value
of the Index, as well as additional information regarding the Index,
may be found at: https://tradeblock.com/markets/index/xbx. See id.
at 61817.
    \10\ See id. at 61809.
    \11\ See id.
    \12\ ``Incidental Rights'' are rights to acquire, or otherwise
establish dominion and control over, any virtual currency or other
asset or right, which rights are incident to the Trust's ownership
of bitcoins and arise without any action of the Trust, or of the
Sponsor or Trustee on behalf of the Trust. See id. at 61805 n.9.
    \13\ ``IR Virtual Currency'' is any virtual currency tokens, or
other asset or right, acquired by the Trust through the exercise
(subject to the applicable provisions of the Trust Agreement) of any
Incidental Right. See id. at 61805 n.10.
    \14\ ``Additional Trust Expenses'' are any expenses incurred by
the Trust in addition to the Sponsor's fee that are not Sponsor-paid
expenses. See id. at 61805 n.11.
    \15\ See id. at 61805, 61807.
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    On each business day at 4:00 p.m., New York time, or as soon
thereafter as practicable, the Sponsor will evaluate the bitcoin held
by the Trust and calculate and publish the ``Digital Asset Holdings''
\16\ of the Trust. The Trust's website, as well as one or more major
market data vendors, will provide an intra-day indicative value
(``IIV'') per Share updated every 15 seconds, as calculated by the
Exchange or a third party financial data provider during the Exchange's
Core Trading Session (9:30 a.m. to 4:00 p.m., E.T.). The IIV will be
calculated using the same methodology as the Digital Asset Holdings of
the Trust, specifically by using the prior day's closing Digital Asset
Holdings per Share as a base and updating that value during the NYSE
Arca Core Trading Session to reflect changes in the value of the
Trust's Digital Asset Holdings during the trading day.\17\ In addition,
according to the Exchange, ``each investor will have access to the
current Digital Asset Holdings of the Trust through the Trust's
website, as well as from one or more major market data vendors.'' \18\
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    \16\ The Exchange does not define this term in the proposed rule
change. Additional information about the calculation of the Digital
Asset Holdings can be found in the Notice. See id. at 61807.
    \17\ See id. at 61817.
    \18\ See id.
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    The Trust will issue Shares to authorized participants from time to
time, but only in one or more Baskets (each ``Basket'' being a block of
100 Shares).\19\ The creation of Baskets will be made only in exchange
for the delivery to the Trust of the number of whole and fractional
bitcoins represented by each Basket being created. The Trust may redeem
Shares from time to time but only in Baskets. The redemption of Baskets
requires the distribution by the Trust of the number of bitcoins
represented by the Baskets being redeemed. The redemption of a Basket
will be made only in exchange for the distribution by the Trust of the
number of whole and fractional bitcoins represented by each Basket
being redeemed.\20\
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    \19\ See id. at 61815.
    \20\ See id. at 61816.
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II. Proceedings To Determine Whether To Approve or Disapprove SR-
NYSEArca-2021-90 and Grounds for Disapproval under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \21\ to determine whether the proposed rule
change should be approved or disapproved. Institution of proceedings is
appropriate at this time in view of the legal and policy issues raised
by the proposed rule change, as discussed below. Institution of
proceedings does not indicate that the Commission has reached any
conclusions with respect to any of the issues involved. Rather, as
described below, the Commission seeks and encourages interested persons
to provide comments on the proposed rule change.
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    \21\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\22\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of the proposed rule change's consistency with Section 6(b)(5)
of the Act, which requires, among other things, that the rules of a
national securities exchange be ``designed to prevent fraudulent and
manipulative acts and practices'' and ``to protect investors and the
public interest.'' \23\
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    \22\ Id.
    \23\ 15 U.S.C. 78f(b)(5).
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    The Commission asks that commenters address the sufficiency of the
Exchange's statements in support of the proposal, which are set forth
in the Notice,\24\ in addition to any other comments they may wish to
submit about the proposed rule change. In particular, the Commission
seeks comment on the following questions and asks commenters to submit
data where appropriate to support their views:
---------------------------------------------------------------------------

    \24\ See Notice, supra note 3.
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    1. What are commenters' views on whether the proposed Trust and
Shares would be susceptible to manipulation? What are commenters' views
generally on whether the Exchange's proposal is designed to prevent
fraudulent and manipulative acts and practices? What are commenters'
views generally with respect to the liquidity and transparency of the
bitcoin markets, the bitcoin markets' susceptibility to manipulation,
and thus the suitability of bitcoin as an underlying asset for an
exchange-traded product?
    2. The Exchange asserts that ``the Index represents a novel means
to prevent fraud and manipulation from impacting a reference price for
[b]itcoin and that it offers protections beyond those that exist in
traditional commodity markets or equity markets.'' \25\ Specifically,
the Exchange states that the Index Price is determined through a
process in which trade data is cleansed and compiled ``in such a manner
as to algorithmically reduce the impact of anomalistic or manipulative
trading . . . by adjusting the weight of each data input based on price
deviation relative to the observable set, as well as recent and long-
term trading volume at each venue relative to the observable set'' \26\
and that the Index Price only includes data from executed trades on
Constituent [Platforms] that charge trading fees to its users ``in
order to attach a real, quantifiable cost to any manipulation
attempts.'' \27\ The Exchange concludes that, ``[b]y referencing
multiple trading venues and

weighting them based on trade activity, . . . the impact of any
potential fraud, manipulation or anomalous trading activity occurring
on any single venue is reduced.'' \28\ What are commenters' views of
these assertions and conclusion?
---------------------------------------------------------------------------

    \25\ See id. at 61812.
    \26\ See id. at 61808-09.
    \27\ See id. at 61809-10.
    \28\ See id.
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    3. The Exchange also asserts that, although the global spot bitcoin
market ``is not inherently resistant to fraud and manipulation, the
Index serves as a means sufficient to mitigate the impact of instances
of fraud and manipulation on a reference price for [b]itcoin.'' \29\
Are the characteristics of the Index that the Exchange identifies
sufficient to support a determination that the proposal to list and
trade the Shares is designed to protect investors and the public
interest and is consistent with the other applicable requirements of
Section 6(b)(5) of the Act?
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    \29\ See id. at 61818.
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    4. The Exchange asserts that the Sponsor ``conducted a lead/lag
analysis of per minute data comparing the [b]itcoin futures maker, as
represented by the [Chicago Mercantile Exchange (``CME'')] futures
market, to the [b]itcoin spot market, as represented by the Index'' and
that ``[b]ased on this analysis, the Sponsor has concluded that there
does not appear to be a significant lead/lag relationship between the
two instruments for the period of November 1, 2019 to August 31,
2021.'' \30\ What are commenters' views on this assertion?
---------------------------------------------------------------------------

    \30\ See id. at 61814.
---------------------------------------------------------------------------

    5. The Exchange states that, ``[a]lthough there is no significant
lead/lag relationship'' between the bitcoin futures and the bitcoin
spot market, ``the CME futures market represents a large, surveilled
and regulated market.'' \31\ The Exchange also asserts that ``[g]iven
the significant size of the CME futures markets . . . there is a
reasonable likelihood that a person attempting to manipulate the ETP
would also have to trade on that market to successfully manipulate the
ETP, since arbitrage between the derivative and spot markets would tend
to counter an attempt to manipulate the spot market alone.'' \32\ What
are commenters' views regarding these assertions? Do these assertions
provide an appropriate basis for determining that the proposal is
consistent with the applicable requirements of Section 6(b)(5) of the
Act? Based on data provided by the Exchange, do commenters agree that
the CME bitcoin futures market now represents a regulated market of
significant size? \33\ What are commenters' views on whether there is a
reasonable likelihood that a person attempting to manipulate the Shares
would also have to trade on CME to manipulate the Shares?
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    \31\ See id.
    \32\ See id. at 61815.
    \33\ See id. at 61814-15.
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    6. The Exchange states that, if ``the Commission is open to
reviewing and potentially approving proposals for [b]itcoin-based ETPs
registered under the [Investment Act of 1940], then it should take a
similar view towards proposals for [b]itcoin based ETPs registered
under the [Securities Act of 1933], given that both products would be
reliant on [b]itcoin's underlying price in the spot markets.'' \34\ The
Exchange further states that ``any potential fraud or manipulation in
the underlying [bitcoin spot market] would impact both types of ETP
proposals.'' \35\ What are commenters' views on such assertions?
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    \34\ See id. at 61815.
    \35\ See id.
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III. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposal is
consistent with Section 6(b)(5) or any other provision of the Act, and
the rules and regulations thereunder. Although there do not appear to
be any issues relevant to approval or disapproval that would be
facilitated by an oral presentation of views, data, and arguments, the
Commission will consider, pursuant to Rule 19b-4, any request for an
opportunity to make an oral presentation.\36\
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    \36\ Section 19(b)(2) of the Act, as amended by the Securities
Act Amendments of 1975, Pub. L. 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposal should be approved or
disapproved by March 3, 2022. Any person who wishes to file a rebuttal
to any other person's submission must file that rebuttal by March 17,
2022.
    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSEArca-2021-90 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2021-90. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSEArca-2021-90 and should be submitted
by March 3, 2022. Rebuttal comments should be submitted by March 17,
2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\37\
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    \37\ 17 CFR 200.30-3(a)(57).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-02781 Filed 2-9-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 107 (Wednesday, June 3, 2020)]
[Notices]
[Pages 34284-34285]
[FR Doc No: 2020-11912]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

National Hazardous Materials Route Registry

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

ACTION: Notice; revisions to the listing of designated and restricted
routes for hazardous materials.

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SUMMARY: This notice makes revisions to the National Hazardous
Materials Route Registry (NHMRR) reported to the FMCSA from April 1,
2019 through March 31, 2020. The NHMRR is a listing, as reported by
States and Tribal governments, of all designated and restricted roads
and preferred highway routes for transportation of highway route
controlled quantities of Class 7 (radioactive materials) (HRCQ/RAM) and
non-radioactive hazardous materials (NRHM).

DATES: Effective date: June 3, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Melissa Williams, Hazardous
Materials Division, Office of Enforcement and Compliance, Federal Motor
Carrier Safety Administration, 1200 New Jersey Ave. SE, Washington, DC
20590,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Legal Basis and Background

    Paragraphs (a)(2) and (b) of section 5112 of title 49, United
States Code (U.S.C.), permit States and Tribal governments to designate
and limit highway routes over which hazardous materials (HM) may be
transported, provided the State or Tribal government complies with
standards prescribed by the Secretary of Transportation (the Secretary)
and meets publication requirements in section 5112(c). To establish
standards under paragraph (b), the Secretary must consult with the
States, and, under section 5112(c), coordinate with the States to
``update and publish periodically'' a list of currently effective HM
highway routing designations and restrictions. The requirements that
States and Tribal governments must follow to establish, maintain, or
enforce routing designations for the transport of placardable
quantities of NRHM are set forth in 49 CFR part 397, subpart C. Subpart
D of part 397 sets out the requirements for designating preferred
routes for highway route controlled quantities of HRCQ/RAM shipments as
an alternative, or in addition, to Interstate System highways. For
HRCQ/RAM shipments, Sec.  397.101 defines a preferred route as an
Interstate Highway for which no alternative route is designated by the
State; a route specifically designated by the State; or both. (See
Sec.  397.65 for the definition of ``NRHM'' and ``routing
designations.'')
    Under a delegation from the Secretary,\1\ FMCSA has authority to
implement 49 U.S.C. 5112.
---------------------------------------------------------------------------

    \1\ 49 CFR 1.87(d)(2).
---------------------------------------------------------------------------

    Currently, Sec.  397.73 establishes public information and
reporting requirements for NRHM. States or Tribal governments are
required to furnish information to FMCSA regarding any new or changed
routes within 60 days after establishment. Under Sec.  397.103, a State
routing designation for HRCQ/RAM routes (preferred routes) as an
alternative, or in addition, to an Interstate System highway, is
effective when the authorized routing agency provides FMCSA with
written notification, FMCSA acknowledges receipt in writing, and the
route is published in FMCSA's NHMRR. The Office of Management and
Budget has approved these collections of information under control
number 2126-0014, Transportation of Hazardous Materials, Highway
Routing.
    In this notice, FMCSA is merely performing the ministerial function
of updating and publishing the NHMRR based on input from its State and
Tribal partners under 49 U.S.C. 5112(c)(1). Accordingly, this notice
serves only to provide the most recent revisions to the NHMRR; it does
not establish any new public information and reporting requirements.

Updates to the NHMRR

    FMCSA published the full NHMRR in a Federal Register notice on
April 29, 2015 (80 FR 23859). Since publication of the 2015 notice,
FMCSA published three updates to the NHMRR in Federal Register notices
on August 8, 2016 (81 FR 52518), August 9, 2018 (83 FR 39500) and
September 24, 2019 (84 FR 50098).
    This notice makes revisions to the NHMRR, reported to the FMCSA
from April 1, 2019 through March 31, 2020. The revisions to the NHMRR
listings in this notice supersede and replace corresponding NHMRR
listings published in the April 29, 2015 notice and corresponding
revisions to the NHMRR listings published in the August 8, 2016, August
9, 2018, and September 24, 2019 notices. Please continue to refer to
the April 29, 2015 notice for additional background on the NHMRR and
the August 8, 2016 notice for the procedures for State and Tribal
government routing agencies to update their Route Registry listings and
contact information.
    The full current NHMRR for each State is posted on FMCSA's website
at: https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry.

Revisions to the NHMRR in This Notice

    In accordance with the requirements of Sec. Sec.  397.73 and
397.103, the NHMRR is revised as follows:

Table 2.--California--Designated NRHM Routes

    The existing Route Order Designator ``A1'' is revised to remove the
``I'' designation.
    A new additional Route Order Designator ``A1'' is added and
assigned an ``I'' designation.
    Route Order Designator ``A2'' with the ``I'' designation is
revised.
    Route Order Designator ``A4A-3.0B'' with the ``I'' designation is
revised to remove the QA comment.
    Route Order Designator ``A4A-3.0-D'' is revised to remove the ``B''
designation.
    Route Order Designator ``A5A-3.0-C1'' is revised and the QA comment
is removed.
    Route Order Designator ``A5A-3.0-C2'' is revised and the QA comment
is removed.
    A new Route Order Designator ``A5A-3.0-C3'' is added.
    Route Order Designator ``A5A-3.0-D'' is revised and the QA comment
is removed.
    Route Order Designator ``A10Q-2.0'' is revised.
    A new Route Order Designator ``A11P-1.0-A1'' is added.

Route Order Key

    Each listing in the NHMRR includes codes to identify each route
designation and each route restriction reported by the State.
Designation codes identify the routes along which a driver may or must
transport specified HM. Among the designation codes is one for
preferred routes, which apply to the transportation of a highway route
controlled quantity of Class 7 (radioactive) material. Restriction
codes identify the routes along which a driver may not transport
specified HM shipments.

                  Table 1--Restriction/Designation Key
------------------------------------------------------------------------
               Restrictions                         Designations
------------------------------------------------------------------------
0--ALL Hazardous Materials................  A--ALL NR Hazardous
                                             Materials.
1--Class 1--Explosives....................  B--Class 1--Explosives.

2--Class 2--Gas...........................  I--Poisonous Inhalation
                                             Hazard (PIH).
3--Class 3--Flammable.....................  P--*Preferred Route* Class
                                             7--Radioactive.
4--Class 4--Flammable Solid/Combustible...
5--Class 5--Organic.......................
6--Class 6--Poison........................
7--Class 7--Radioactive...................
8--Class 8--Corrosives....................
9--Class 9--Dangerous (Other).............
i--Poisonous Inhalation Hazard (PIH)......
------------------------------------------------------------------------

Revisions to the National Hazardous Materials Route Registry (March 31,
2020)

                                                       Table 2--California--Designated NRHM Routes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Designation(s)
   Designation date         Route order       Route description           City                 County               (A,B,I,P)          FMCSA QA comment
--------------------------------------------------------------------------------------------------------------------------------------------------------
12/07/17 and 01/01/20.  A1.................  State Route 905      ....................  ...................  B......................
                                              from Mexican
                                              Border to
                                              Interstate 5.
01/01/20..............  A1.................  State Route 905      ....................  ...................  I......................
                                              from Mexican
                                              Border to
                                              Interstate 805.
04/16/92 and 01/01/20.  A2.................  Interstate 805 [San  San Diego...........  San Diego..........  I......................
                                              Diego] from SR 163
                                              [San Diego] to
                                              State Route 905.
04/16/92..............  A4A-3.0-B..........  Interstate 15 from   ....................  ...................  I......................
                                              State 60 [Mira
                                              Loma] to State 163
                                              [San Diego].
04/16/92..............  A4A-3.0-D..........  CR S30/Forrester     ....................  Imperial...........  I......................  This route will be
                                              Rd. from State 86                                                                        considered by the
                                              [Westmorland] to                                                                         California
                                              Interstate 8 [El                                                                         Highway Patrol
                                              Centro].                                                                                for updates in a
                                                                                future
                                                                                rulemaking.
10/28/92..............  A5A-3.0-C1.........  State 7 from         Calexico............  Imperial...........  B......................
                                              Interstate 8 to
                                              Calexico East Port
                                              of Entry [at
                                              Mexico].
10/28/92..............  A5A-3.0-C2.........  State 111 from       ....................  Imperial...........  B......................
                                              State 78 (Hovley)
                                              to Interstate 8
                                              [El Centro].
12/26/18..............  A5A-3.0-C3.........  State 78 from        ....................  ...................  B......................
                                              Forrester Road
                                              (Westmorland) to
                                              State 111 (Hovley).
10/28/92 (B) 04/16/92   A5A-3.0-D..........  State 86 [Indio] to  ....................  ...................  B,I....................
 (I).                                         State 78
                                              [Westmorland].
10/28/92..............  A10Q-2.0...........  State 43 from State  ....................  ...................  B......................
                                              99 [Selma] to
                                              Interstate 5.
03/06/19..............  A11P-1.0-A1........  Business 58 from     ....................  ...................  B......................
                                              State 58 to State
                                              58 [Mojave].
--------------------------------------------------------------------------------------------------------------------------------------------------------

    End of Revisions to the National Hazardous Materials Route Registry

James A. Mullen,
Deputy Administrator.
[FR Doc. 2020-11912 Filed 6-2-20; 8:45 am]
 BILLING CODE 4910-EX-P