[Federal Register: December 8, 2008 (Volume 73, Number 236)]
[Notices]
[Page 74537]
[DOCID:fr08de08-87]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

    Upon Written Request, Copies Available From: Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213.

Extension:
    Rule 19a-1, SEC File No. 270-240, OMB Control No. 3235-0216.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501-3520), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collection of information summarized below. The Commission plans to
submit this existing collection of information to the Office of
Management and Budget for extension and approval.
    Section 19(a) (15 U.S.C. 80a-19(a)) of the Investment Company Act
of 1940 (the ``Act'') \1\ makes it unlawful for any registered
investment company to pay any dividend or similar distribution from any
source other than the company's net income, unless the payment is
accompanied by a written statement to the company's shareholders which
adequately discloses the sources of the payment. Section 19(a)
authorizes the Commission to prescribe the form of such statement by
rule.
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    \1\ 15 U.S.C. 80a.
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    Rule 19a-1 (17 CFR 270.19a-1) under the Act, entitled ``Written
Statement to Accompany Dividend Payments by Management Companies,''
sets forth specific requirements for the information that must be
included in statements made pursuant to section 19(a) by or on behalf
of management companies.\2\ The rule requires that the statement
indicate what portions of distribution payments are made from net
income, net profits from the sale of security or other property
(``capital gains'') and paid-in capital. When any part of the payment
is made from capital gains, rule 19a-1 also requires that the statement
disclose certain other information relating to the appreciation or
depreciation of portfolio securities. If an estimated portion is
subsequently determined to be significantly inaccurate, a correction
must be made on a statement made pursuant to section 19(a) or in the
first report to shareholders following the discovery of the inaccuracy.
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    \2\ Section 4(3) of the Act (15 U.S. C. 80a-4(3)) defines
``management company'' as ``any investment company other than a face
amount certificate company or a unit investment trust.''
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    The purpose of rule 19a-1 is to afford fund shareholders adequate
disclosure of the sources from which distribution payments are made.
The rule is intended to prevent shareholders from confusing income
dividends with distributions made from capital sources. Absent rule
19a-1, shareholders might receive a false impression of fund gains.
    Based on a review of filings made with the Commission, the staff
estimates that approximately 4600 series of registered investment
companies that are management companies may be subject to rule 19a-1
each year, and that each portfolio on average mails two statements per
year to meet the requirements of the rule.\3\ The staff further
estimates that the time needed to make the determinations required by
the rule and to prepare the statement required under the rule is
approximately 1 hour per statement. The total annual burden for all
portfolios therefore is estimated to be approximately 9,200 burden
hours.
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    \3\ A few portfolios make monthly distributions from sources
other than net income, so the rule requires them to send out a
statement 12 times a year. Other portfolios never make such
distributions.
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    The staff estimates that approximately one-third of the total
annual burden (3,067 hours) would be incurred by a paralegal with an
average hourly wage rate of approximately $168 per hour,\4\ and
approximately two-thirds of the annual burden (6,133 hours) would be
incurred by a compliance clerk with an average hourly wage rate of $62
per hour.\5\ The staff therefore estimates that the aggregate annual
cost of complying with the paperwork requirements of the rule is
approximately $895,502 ((3,067 hours x $168) + (6,133 hours x $62)).
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    \4\ Hourly rates are derived from the Securities Industry and
Financial Markets Association (``SIFMA''), Management and
Professional Earnings in the Securities Industry 2007, modified to
account for an 1800-hour work-year and multiplied by 5.35 to account
for bonuses, firm size, employee benefits, and overhead.
    \5\ Hourly rates are derived from SIFMA's Office Salaries in the
Securities Industry 2007, modified to account for an 1800-hour work-
year and multiplied by 2.93 to account for bonuses, firm size,
employee benefits and overhead.
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    To comply with state law, many investment companies already must
distinguish the different sources from which a shareholder distribution
is paid and disclose that information to shareholders. Thus, many
investment companies would be required to distinguish the sources of
shareholder dividends whether or not the Commission required them to do
so under rule 19a-1.
    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act, and is not derived from a
comprehensive or even a representative survey or study of the costs of
Commission rules. Compliance with the collection of information
required by rule 19a-1 is mandatory for management companies that make
statements to shareholders pursuant to section 19(a) of the Act. An
agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid control number.
    Written comments are invited on: (a) Whether the collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimate of the burdens
of the collections of information; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burdens of the collections of information on respondents,
including through the use of automated collection techniques or other
forms of information technology. Consideration will be given to
comments and suggestions submitted in writing within 60 days of this
publication.
    Please direct your written comments to Lewis W. Walker, Acting
Director/CIO, Securities and Exchange Commission, c/o Shirley
Martinson, 6432 General Green Way, Alexandria, VA 22312; or send an e-
mail to<EMAIL_ADDRESS>
    Dated: December 1, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-28907 Filed 12-5-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: November 27, 2006 (Volume 71, Number 227)]
[Notices]
[Page 68657-68659]
[DOCID:fr27no06-134]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54771; File No. SR-CBOE-2006-88]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing of Proposed Rule Change To Codify a Fee
Schedule for the Sale of Open and Close Volume Data on CBOE Listed
Options by Market Data Express, LLC

November 16, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 3, 2006, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II and III below, which Items have been prepared by the CBOE.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.

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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The CBOE proposes to codify a fee schedule for the sale of open and
close volume data on CBOE listed options by Market Data Express, LLC
(``MDX''), a wholly-owned subsidiary of CBOE. The text of the proposed
rule change is available on the CBOE's Web site (http://www.cboe.com),

the Office of the Secretary, CBOE, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, CBOE included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Amex has prepared summaries, set forth in Sections
A, B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    CBOE creates volume data for each CBOE listed option that consists
of opening buys and opening sells and closing buys and closing
sells.\3\ This opening and closing position data is subdivided by
origin code (i.e., customer or firm) and the customer data is further
subdivided by order size. The volume data is summarized by day and
series (symbol, expiration date, strike price, call or put). This
volume data is referred to herein as the ``Open/Close Data.''
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    \3\ An opening buy is a transaction that creates or increases a
long position and an opening sell is a transaction that creates or
increases a short position. A closing buy is a transaction made to
close out a position. A closing sell is a transaction to reduce or
eliminate a long position.
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    MDX offers the Open/Close Data for sale to CBOE members and non-
members. The fees that MDX assesses for the Open/Close Data are set
forth in the Price List on MDX's Web site. Members and non-members are
charged the same fees for the Open/Close Data.
    Under the proposal, customers may purchase Open/Close Data on a
subscription basis or by ad hoc request. Daily Open/Close Data covering
all CBOE securities would be available for purchase by subscribing to
the Daily Update service at a cost of $600 per month. Subscribers to
the Daily Update service would receive a daily data file via download
from MDX's Web site. Historical Open/Close Data covering all CBOE
securities may be purchased on an ad hoc request basis and is delivered
via DVD. The charge for Historical Open/Close Data covering all CBOE
securities would be $7,200 per year for requests for one to four years
of data. Requests for five or more years of Historical Open/Close Data
would receive a 50% discount beginning with the fifth year of data
(i.e., MDX charges $7,200 for each of the first four years of data and
$3,600 for year five and each subsequent year of data).
    Alternatively, a customer may purchase Historical Open/Close Data
on an individual CBOE security at a cost of $4.50 per security per
month. This data would be available via download form MDX's Web site. A
50% discount would be applied for requests for ten or more years of
data, beginning with the tenth year of data.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\4\ in general, and furthers the
objectives of Section 6(b)(4) of the Act,\5\ in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges among CBOE members and issuers and other
persons using its facilities. The Open/Close Data is summarized and
formatted by MDX in such a way that it increases its usability and
value. In order to develop the Open/Close Data, MDX had to develop at
significant expense a separate and more detailed system than the system
MDX uses to generate its options summary data. The Exchange took these
development costs into account when setting the proposed fees for the
Open/Close Data. The Exchange is not aware of any data product offered
by another exchange that is similar to the Open/Close Data product.\6\
While there is no direct comparison to another exchange's product, the
Exchange believes the proposed Open/Close Data fees are fair and
reasonable in that the fees are less than the fees charged by another
exchange for data that is not summarized and formatted in the way the
Open/Close Data is.\7\ The Exchange also believes the proposed MDX fees
are consistent with Rule 603 under the Act (Distribution,
Consolidation, and Display of Information with Respect to Quotations
for and Transaction in NMS Stocks) \8\ in that the fees are fair and
reasonable and not unreasonably discriminatory. Members and non-members
pay the same fees for the Open/Close Data.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
    \6\ The Exchange believes the Options Clearing Corporation
provides free of charge gross contract volume by class and by origin
code only.
    \7\ See Securities Exchange Act Release No. 53212 (February 2,
2006), 71 FR 6803 (February 9, 2006) (SR-ISE-2006-07) and Securities
Exchange Act Release No. 53390 (February 28, 2006), 71 FR 11457
(March 7, 2006) (SR-ISE-2006-08).
    \8\ 17 CFR 242.603.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    A. By order approve such proposed rule change; or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-CBOE-2006-88 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-CBOE-2006-88. This
file number should be included on the subject line if e-mail 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 Web site (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 inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the CBOE. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-CBOE-2006-88 and should be submitted on or before
December 18, 2006.
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    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\9\
Nancy M. Morris,
Secretary.
[FR Doc. E6-19976 Filed 11-24-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Notices]
[Page 24490]
[FR Doc No: 2014-09794]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2014-0029]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated March 15, 2014, Canadian National Railway (CN) petitioned the
Federal Railroad Administration (FRA) for a waiver of compliance from
certain provisions of the Federal railroad safety regulations contained
at 49 CFR part 213, Track Safety Standards. FRA assigned the petition
Docket Number FRA-2014-0015.
    Pursuant to 49 CFR Section 213.113(a), Defective rails, CN requests
a waiver from the accepted practice of stop/start rail testing to start
a pilot test process of nonstop continuous testing. The projected
starting date for implementing the test process will be July 1, 2014,
for a period of 1 year. The test process will occur on the main tracks
between Chicago, IL, and Jackson, MS. The test process will start on
the Chicago Subdivision and test in a southward direction and include
the Yazoo Subdivision. At that point, the nonstop test unit will be
turned and return to the Chicago area to start the test southward
again.
    For this pilot test, the process will be similar to the waiver
granted to CSX Transportation in Docket Number FRA-2011-0107. CN will
not have parallel or redundant stop/start testing on the segments being
tested in a nonstop process. CN will produce a report on a bimonthly
basis for FRA's Rail Integrity Division. This report will include the
inservice rail failure ratios per 49 CFR part 213, a report on the
miles tested, and the frequency of testing.
    CN currently tests this route on an approximate frequency of every
30 days and plans to increase the frequency to 20 days with this
process. The nonstop continuous rail testing unit will be capable of
testing of speeds between 20 and 45 mph. The process will start using a
hi-rail truck working in nonstop mode and later in 2014 switch to a
self-propelled unit capable of testing at speeds up to 45 mph. The data
will be analyzed from a remote location facility by experts with
experience in reviewing rail flaw detection test data. The field
verification of suspect defects will be conducted using portable hand-
testing units that are equipped with a global positioning system and a
recordable data system. The portable units will test 60 feet on either
side of the suspect indication and if a suspect location is confirmed
to be a defect, proper remedial actions shall be applied in accordance
with 49 CFR 213.113. As part of this waiver, CN requests 48 hours from
the time of the test to verify potential suspect locations in the
field.
    CN believes that nonstop continuous rail testing will provide the
capability to test track more quickly and frequently and minimize the
risk of rail service failures.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2014-0029) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by June 16, 2014 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2014-09794 Filed 4-29-14; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: October 17, 2008 (Volume 73, Number 202)]
[Notices]
[Page 61925-61927]
[DOCID:fr17oc08-155]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-00-8398; FMCSA-00-7165; FMCSA-04-18885; FMCSA-04-
17984; FMCSA-06-24783]

Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
26 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent
to, or greater than, the level of safety maintained without the
exemptions for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective October 27, 2008. Comments must be
received on or before November 17, 2008.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-00-8398; FMCSA-00-7165; FMCSA-
04-18885; FMCSA-04-17984; FMCSA-06-24783, using any of the following
methods.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this Notice. Note that DOT posts all comments received without
change to http://www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or

comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
    You may review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19476). This
information is also available at http://DocketInfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<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. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-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 procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 26 individuals who have requested a renewal
of their exemption in accordance with FMCSA procedures. FMCSA has
evaluated these 26 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Paul G. Albrecht
Elijah A. Allen, Jr.
David W. Brown
Monty G. Calderon
David J. Caldwell
Walden V. Clarke
Awilda S. Colon
David Hagadorn
Zane G. Harvey, Jr.
Jeffrey M. Keyser
Donnie A. Kildow
Carl M. McIntire
Daniel A. McNabb
David G. Meyers
Robert E. Moore
Thomas L. Oglesby
Michael J. Paul
Russell A. Payne
Rodney M. Pegg
Raymond E. Peterson
Zbigniew P. Pietranik
John C. Rodriguez
James A. Walker
Richard A. Westfall
Charles E. Wood
Joseph F. Wood

    These exemptions are extended subject to the following conditions:
(1) That each individual have a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in 49 CFR 391.41(b)(10), and
(b) by a medical examiner who attests that the individual is otherwise
physically qualified under 49 CFR 391.41; (2) that each individual
provide a copy of the ophthalmologist's or optometrist's report to the
medical examiner at the time of the annual medical examination; and (3)
that each individual provide a copy of the annual medical certification
to the employer for retention in the driver's qualification file and
retain a copy of the certification on his/her person while driving for
presentation to a duly authorized Federal, State, or local enforcement
official. Each exemption will be valid for two years unless rescinded
earlier by FMCSA. 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.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 26 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (65 FR 78256; 66 FR 16311; 65 FR 33406; 65 FR 57234; 67 FR
57266; 69 FR 52741; 71 FR 53489; 69 FR 53493; 69 FR 62742; 71 FR 62148;
69 FR 33997; 69 FR 61292; 71 FR 55820; 71 FR 32183; 71 FR 41310). Each
of these 26 applicants has requested renewal of the exemption and has
submitted evidence showing that the vision in the better eye continues
to meet the standard specified at 49 CFR 391.41(b)(10) and that the
vision impairment is stable. In addition, a review of each record of
safety while driving with the respective vision deficiencies over the
past two years indicates each applicant continues to meet the vision
exemption standards. These factors provide an adequate basis for
predicting each driver's ability to continue to drive safely in
interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each renewal applicant for a period of two years is
likely to achieve a level of safety equal to that existing without the
exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by November 17, 2008.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 26 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was based on the merits of each
case and only after careful consideration of the comments received to
its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all of these drivers, are not
currently achieving the statutory level of safety should immediately
notify FMCSA.
    The Agency will evaluate any adverse evidence submitted and, if
safety is

being compromised or if continuation of the exemption would not be
consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315, FMCSA will take immediate steps to revoke the exemption of a
driver.

    Issued on: October 10, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E8-24700 Filed 10-16-08; 8:45 am]

BILLING CODE 4910-EX-P