[Federal Register Volume 82, Number 191 (Wednesday, October 4, 2017)]
[Notices]
[Pages 46335-46338]
[FR Doc No: 2017-21284]

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SECURITIES AND EXCHANGE COMMISSION

[SECURITIES EXCHANGE ACT OF 1934 Release No. 81760/September 28, 2017:
INVESTMENT COMPANY ACT OF 1940 Release No. 32842/September 28, 2017]

Exemptive Relief for Individuals and Entities Affected by
Hurricanes Harvey, Irma or Maria

    Order Under Section 15b, Section 17a And Section 36 Of The
Securities Exchange Act Of 1934 Granting Exemptions From Specified
Provisions Of The Exchange Act And Certain Rules Thereunder
    Order Under Section 6(C) And Section 38(A) Of The Investment
Company Act Of 1940 Granting Exemptions From Specified Provisions Of
The Investment Company Act And Certain Rules Thereunder

    In late August 2017, Hurricane Harvey caused catastrophic damage
along the Texas and Louisiana coast, in early September 2017, Hurricane
Irma caused catastrophic damage to the U.S. Virgin Islands, Puerto Rico
and the Florida coast, and, in mid-September 2017, Hurricane Maria
caused additional catastrophic damage to the U.S. Virgin Islands and
Puerto Rico. The storms and subsequent flooding have displaced
individuals and businesses and disrupted communications and
transportation across the affected regions. We are issuing this Order
to address the needs of companies and individuals with obligations
under the federal securities laws who have been directly or indirectly
affected by Hurricane Harvey, Hurricane Irma or Hurricane Maria and
their respective aftermaths.
    Section 15B(a)(4) of the Securities Exchange Act of 1934 (the
``Exchange Act'') provides that the Securities and Exchange Commission
(the ``Commission''), by rule or order, upon its own motion or upon
application, may conditionally or unconditionally exempt any broker,
dealer, municipal securities dealer or municipal advisor, or class of
brokers, dealers, municipal securities dealers, or municipal advisors
from any provision of Section 15B or the rules or regulations
thereunder, if the Commission finds that such exemption is consistent
with the public interest, the protection of investors and the purposes
of Section 15B.
    Section 36 of the Exchange Act authorizes the Commission, by rule,
regulation or order, to exempt, either conditionally or
unconditionally, any person, security or transaction, or any class or
classes of persons, securities or transactions, from any provision or
provisions of the Exchange Act or any rule or regulation thereunder, to
the extent that such exemption is necessary or appropriate in the
public interest, and is consistent with the protection of investors.
    Section 17A(c)(1) of the Exchange Act provides that the appropriate
regulatory agency, by rule or by order, upon its own motion or upon
application, may conditionally or unconditionally exempt any person or
security or class of persons or securities from any provision of
Section 17A or any rule or regulation prescribed under Section 17A, if
the appropriate regulatory agency \1\ finds that such exemption is in
the public interest and consistent with the protection of investors and
the purposes of Section 17A, including the prompt and accurate
clearance and settlement of securities transactions and the
safeguarding of securities and funds. Section 17A(c)(1) also requires
that the Commission not object to the use of exemptive authority in
instances where an appropriate regulatory authority other than the
Commission is providing exemptive relief.
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    \1\ Section 3(a)(34)(B) of the Exchange Act defines
``appropriate regulatory authority.''
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    Section 6(c) of the Investment Company Act of 1940 (the ``Company
Act'') provides that the Commission may conditionally or
unconditionally exempt any person, security or transaction, or any
class or classes of persons, securities or transactions, from any
provision or provisions of the Company Act, or any rule or regulation
thereunder, if and to the extent that such exemption is necessary or
appropriate in the public interest and consistent with the protection
of

investors and the purposes fairly intended by the policy and provisions
of the Company Act. Section 38(a) of the Company Act provides that the
Commission may make, issue, amend and rescind such rules and
regulations and such orders as are necessary or appropriate to the
exercise of the powers conferred upon the Commission under the Company
Act.
    The necessity for prompt action of the Commission does not permit
prior notice of the Commission's action.

I. Time Period for the Relief

    The time period for the relief specified in Sections II and VI of
this Order is as follows:
    (1) With respect to those persons or entities affected by Hurricane
Harvey, for the period from and including August 25, 2017 to October 6,
2017, all reports, schedules or forms must be filed on or before
October 10, 2017;
    (2) With respect to those persons or entities affected by Hurricane
Irma, for the period from and including September 6, 2017 to October
18, 2017, all reports, schedules or forms must be filed on or before
October 19, 2017; and
    (3) With respect to those persons or entities affected by Hurricane
Maria, for the period from and including September 20, 2017 to November
1, 2017, all reports, schedules or forms must be filed on or before
November 2, 2017.

II. Filing Requirements for Registrants and Other Persons

    The lack of communications, transportation, electricity, facilities
and available staff and professional advisors as a result of Hurricane
Harvey, Hurricane Irma and Hurricane Maria could hamper the efforts of
public companies and other persons with filing obligations to meet
their filing deadlines. At the same time, investors have an interest in
the timely availability of required information about these companies
and the activities of persons required to file schedules and reports
with respect to these companies. While the Commission believes that the
relief from filing requirements provided by the exemption below is
necessary and appropriate in the public interest and consistent with
the protection of investors, we remind public companies and other
persons who are the subjects of this Order to continue to evaluate
their obligations to make materially accurate and complete disclosures
in accordance with the anti-fraud provisions of the federal securities
laws.
    Accordingly, it is ordered, pursuant to Section 36 of the Exchange
Act, that a registrant (as defined in Exchange Act Rule 12b-2) subject
to the reporting requirements of Exchange Act Section 13(a) or 15(d),
and any person required to make any filings with respect to such a
registrant, is exempt from any requirement to file or furnish materials
with the Commission under Exchange Act Sections 13(a), 13(d), 13(f),
13(g), 14(a), 14(c), 14(f), 15(d) and 16(a), Regulations 13A, 13D-G,
14A, 14C and 15D, and Exchange Act Rules 13f-1, 14f-1 and 16a-3, as
applicable, where the conditions below are satisfied.

Conditions

    (a) The registrant or person other than a registrant is not able to
meet a filing deadline due to Hurricane Harvey, Hurricane Irma or
Hurricane Maria and their respective aftermaths;
    (b) The registrant or person other than a registrant files with the
Commission any report, schedule or form required to be filed during the
applicable period of relief on or before the applicable deadline set
forth in Section I; and
    (c) In any such report, schedule or form filed pursuant to this
Order, the registrant or person other than a registrant must disclose
that it is relying on this Order and state the reasons why, in good
faith, it could not file such report, schedule or form on a timely
basis.

III. Furnishing of Proxy and Information Statements

    The conditions in the areas affected by Hurricane Harvey, Hurricane
Irma and Hurricane Maria, including displacement of thousands of
individuals and the destruction of property, have prevented and will
continue to prevent the delivery of mail to the affected areas. In
light of these conditions, we believe that relief is warranted for
those seeking to comply with our rules imposing requirements to furnish
materials to security holders when mail delivery is not possible and
that the following exemption is necessary and appropriate in the public
interest and consistent with the protection of investors.
    Accordingly, it is ordered, pursuant to Section 36 of the Exchange
Act, that a registrant or any other person is exempt from the
requirements to furnish proxy statements, annual reports and other
soliciting materials, as applicable (the ``Soliciting Materials''), and
the requirements of the Exchange Act and the rules thereunder to
furnish information statements and annual reports, as applicable (the
``Information Materials''), where the conditions below are satisfied.

Conditions

    (a) The registrant's security holder has a mailing address located
within a zip code where, as a result of Hurricane Harvey, Hurricane
Irma or Hurricane Maria, the registrant's common carrier has suspended
delivery service of the type or class customarily used by the
registrant;
    (b) The registrant or other person making a solicitation has
followed normal procedure when furnishing the Soliciting Materials to
the security holder in order to ensure that the Soliciting Materials
preceded or accompanied the proxy, as required by the rules applicable
to the particular form of Soliciting Materials, or, in the case of
Information Materials, the registrant has followed normal procedure
when furnishing the Information Materials to the security holder in
accordance with the rules applicable to Information Materials; and
    (c) If requested by the security holder, the registrant or other
person provides the Soliciting Materials or Information Materials by a
means reasonably designed to furnish the Soliciting Materials or
Information Materials to the security holder.
    Any registrant or other person in need of additional assistance
related to deadlines, delivery obligations or their public filings,
should contact the Division of Corporation Finance at<PHONE_NUMBER> or
at https://tts.sec.gov/cgi-bin/corp_fin_interpretive.

IV. Transmittal of Annual and Semi-Annual Reports to Investors Required
by the Company Act and the Rules Thereunder

    For reasons similar to those cited in Section III, we believe that
relief is warranted for the transmittal by registered management
investment companies and registered unit investment trusts
(collectively, ``registered investment companies'') of annual and semi-
annual reports to investors and that the following exemption is
necessary and appropriate in the public interest and consistent with
the protection of investors.
    Accordingly, it is ordered, pursuant to Sections 6(c) and 38(a) of
the Company Act that for the period from and including August 25, 2017
to November 1, 2017, a registered investment company is exempt from the
requirements of Section 30(e) of the Company Act and Rule 30e-1
thereunder to transmit annual and semi-annual reports to investors
affected by Hurricane Harvey, Hurricane Irma or Hurricane Maria; and
    For the period from and including August 25, 2017 to November 1,
2017,

a registered unit investment trust is exempt from the requirements of
Section 30(e) of the Company Act and Rule 30e-2 thereunder to transmit
annual and semi-annual reports to unitholders affected by Hurricane
Harvey, Hurricane Irma or Hurricane Maria,
    Provided that:
    (a) The affected investor's mailing address for transmittal as
listed in the records of the registered investment company has a zip
code for which the registered investment company's common carrier has
suspended mail service, as a result of Hurricane Harvey, Hurricane Irma
or Hurricane Maria, of the type or class customarily used by the
registered investment company for transmittal of reports; and
    (b) The registered investment company or other person promptly
transmits the reports to affected investors: Either (a) if requested by
the investor; or (b) at the earlier of (i) November 2, 2017 or (ii) the
resumption of the applicable mail service.
    Registered investment companies who are unable to meet a deadline
as extended by this relief, or in need of additional assistance
regarding issues under the Company Act, should contact the Division of
Investment Management, Office of Chief Counsel, at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    Registered investment advisers in need of additional assistance
regarding issues under the Investment Advisers Act of 1940 should
contact the Division of Investment Management, Investment Adviser
Regulation Office, at<PHONE_NUMBER> or<EMAIL_ADDRESS>
V. Transfer Agent Compliance With Sections 17A and 17(f) of the
Exchange Act

    Exchange Act Section 17A and Section 17(f), as well as the rules
promulgated under Sections 17A and 17(f), contain requirements for
registered transfer agents relating to, among other things, processing
securities transfers, safekeeping of investor and issuer funds and
securities and maintaining records of investor ownership. Following the
events of Hurricane Harvey, Hurricane Irma and Hurricane Maria,
registered transfer agents located in the affected regions may have
difficulty complying with some or all of their obligations as
registered transfer agents. In addition, registered transfer agents
located outside the affected regions may be unable to conduct business
with entities or security holders inside the regions, thereby making it
difficult to process securities transactions and corporate actions in
conformance with Section 17A, Section 17(f) and the rules thereunder.
    While the national clearance and settlement system continues to
operate well in light of these emergencies, the Commission recognizes
that the need to effect securities transfers and payments to and from
security holders in the affected regions may present compliance issues
for affected transfer agents. Therefore, the Commission is using its
authority under Section 17A and Section 36 of the Exchange Act to
provide temporary relief from certain regulatory provisions. This Order
temporarily exempts transfer agents from the requirements of: (1)
Section 17A of the Exchange Act and Rules 17Ad-1 through 17Ad-20
thereunder; and (2) Section 17(f) of the Exchange Act and Rules 17f-1
and 17f-2 thereunder. The Commission finds the following exemption to
be in the public interest and consistent with the protection of
investors and the purpose of Section 17A of the Exchange Act, including
the prompt and accurate clearance and settlement of securities
transactions and the safeguarding of securities and funds.
    Accordingly, it is ordered, pursuant to Sections 17A and 36 of the
Exchange Act, that any registered transfer agent that is unable to
comply with Section 17A and Section 17(f) of the Exchange Act and the
rules promulgated thereunder, as applicable, due to Hurricane Harvey,
Hurricane Irma or Hurricane Maria and their respective aftermaths is
hereby temporarily exempted from complying with such provisions for the
period from and including August 25, 2017 to November 2, 2017 where the
conditions below are satisfied.

Conditions

    (a) A registered transfer agent relying on this Order must notify
the Commission in writing by November 2, 2017 of the following:
    (1) The transfer agent is relying on this Order;
    (2) A statement of the reasons why, in good faith, the transfer
agent is unable to comply with Section 17A and Section 17(f) of the
Exchange Act and the rules promulgated thereunder, as applicable;
    (3) If the transfer agent knows or believes that the books and
records it is required to maintain pursuant to Section 17A and the
rules thereunder were lost, destroyed or materially damaged,
information, to the extent reasonably available, as to the type of
books and records that were maintained, the names of the issuers for
whom such books and records were maintained, the extent of the loss of,
or damage to, such books and records and the steps taken to ameliorate
any such loss or damage; and
    (4) If the transfer agent knows or believes that funds or
securities belonging to either issuers or security holders and within
its possession were, for any reason, lost, destroyed, stolen or
unaccounted for, information, to the extent reasonably available,
regarding the dollar amount of any such funds and the number of such
securities and the steps taken to ameliorate any such loss; and
    (b) Transfer agents that have custody or possession of any security
holder or issuer funds or securities shall use all reasonable means
available to ensure that all such securities are held in safekeeping
and are handled, in light of all facts and circumstances, in a manner
reasonably free from risk of theft, loss or destruction and that all
funds are protected against misuse. To the extent possible, all
security holder or issuer funds that remain in the custody of the
transfer agent shall be maintained in a separate bank account held for
the exclusive benefit of security holders until such funds are properly
remitted.
    The notification required under (a) above shall be sent to: U.S.
Securities and Exchange Commission, Division of Trading and Markets,
Office of Clearance and Settlement, 100 F Street NE., Washington, DC
20549-7010.
    The Commission encourages registered transfer agents and the
issuers for whom they act to inform affected security holders whom they
should contact concerning their accounts, their access to funds or
securities and other shareholder concerns. If feasible, issuers and
their transfer agents should place a notice on their websites or
providing toll free numbers to respond to inquiries.
    Transfer agents who are unable to meet a deadline as extended by
this relief, or in need of additional assistance, should contact the
Division of Trading and Markets at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
VI. Filing of Annual Update to Form MA as Required by the Exchange Act
and the Rules Thereunder

    Section 15B of the Exchange Act and Rule 15Ba1-5(a)(1) thereunder
requires each registered municipal advisor to file with the Commission
an annual update to its Form MA. For reasons similar to those cited in
Section II, the Commission believes that relief is warranted for the
filing with the Commission of annual updates to Form MA by registered
municipal advisors and that such relief is consistent with the public
interest, the protection of

investors and the purposes of Section 15B of the Exchange Act.
    Accordingly, it is so ordered, pursuant to Section 15B(a)(4) of the
Exchange Act, that any registered municipal advisor is exempt from the
requirement to file an annual update to Form MA with the Commission, as
required by Section 15B of the Exchange Act and Rule 15Ba1-5(a)(1)
thereunder, where the conditions below are satisfied.

Conditions

    (a) The registered municipal advisor is not able to fulfill its
obligation to file an annual update to the registered municipal
advisor's Form MA within 90 days of the end of the registered municipal
advisor's fiscal year due to Hurricane Harvey, Hurricane Irma or
Hurricane Maria;
    (b) The registered municipal advisor files with the Commission its
annual update to Form MA required to be filed during the applicable
period of relief on or before the applicable deadline set forth in
Section I; and
    (c) In any such annual update to its Form MA filing, the registered
municipal advisor must disclose that it is relying on this Order and
state the reasons why, in good faith, it could not file such annual
update to Form MA on a timely basis.
    Registered municipal advisors who are unable to meet a deadline as
extended by this relief or in need of additional assistance, should
contact the Office of Municipal Securities at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
VII. Independence--Bookkeeping or Other Services Related to the
Accounting Records or Financial Statements of the Audit Client

    The conditions in the areas affected by Hurricane Harvey, Hurricane
Irma and Hurricane Maria, including displacement of individuals, the
destruction of property and loss or destruction of corporate records,
may require extraordinary efforts to reconstruct lost or destroyed
accounting records. The Commission understands that in these
particularly challenging situations an audit client may look to its
auditor for assistance in reconstruction of its accounting records
because of the auditor's knowledge of the client's financial systems
and records. Under Section 10A(g)(1) of the Exchange Act and Rule 2-
01(c)(4)(i) of Regulation S-X, auditors are prohibited from providing
bookkeeping or other services relating to the accounting records of the
audit client, and in Rule 2-01(c)(4)(i) of Regulation S-X, these
prohibited services are described as including ``maintaining or
preparing the audit client's accounting records'' or ``preparing or
originating source data underlying the audit client's financial
statements.'' In light of the conditions in areas affected by Hurricane
Harvey, Hurricane Irma and Hurricane Maria, however, we believe that
limited relief from these prohibitions is warranted for those
registrants and other persons that are required to comply with the
independence requirements of the federal securities laws and the
Commission's rules and regulations thereunder and that are affected by
those conditions. The Commission finds the following exemption to be
necessary and appropriate in the public interest and consistent with
the protection of investors.
    Accordingly, it is ordered, pursuant to Section 36 of the Exchange
Act, that independent certified public accountants engaged to provide
audit services to registrants and other persons required to comply with
the independence requirements of the federal securities laws and the
Commission's rules and regulations thereunder are exempt from the
requirements of Section 10A(g)(1) of the Exchange Act and Rule 2-
01(c)(4)(i) of Regulation S-X, where the conditions below are
satisfied.

Conditions

    (a) Services provided by the auditor are limited to reconstruction
of previously existing accounting records that were lost or destroyed
as a result of Hurricane Harvey, Hurricane Irma or Hurricane Maria and
such services cease as soon as the audit client's lost or destroyed
records are reconstructed, its financial systems are fully operational
and the client can effect an orderly and efficient transition to
management or other service provider; and
    (b) Services provided by the auditor to its audit client pursuant
to this Order are subject to pre-approval by the audit client's audit
committee as required by Rule 2-01(c)(7) of Regulation S-X.
    Auditors or audit clients who are in need of additional assistance
or have other questions relating to auditor independence, should
contact the Office of the Chief Accountant at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    By the Commission.
Brent J. Fields,
Secretary.
[FR Doc. 2017-21284 Filed 10-3-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 208 (Monday, October 28, 2013)]
[Notices]
[Pages 64267-64271]
[FR Doc No: 2013-25382]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0184]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

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

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SUMMARY: FMCSA announces receipt of applications from 26 individuals
for exemptions from the prohibition against persons with insulin-
treated diabetes mellitus (ITDM) operating commercial motor vehicles
(CMVs) in interstate commerce. If granted, the exemptions would enable
these individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before November 27, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0184 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: 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.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    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 Federal Docket Management System (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 DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, 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.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-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 2-year period. The 26 individuals listed
in this notice have recently requested such an exemption from the
diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers
of CMVs in interstate commerce.

Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting the exemption will achieve the
required level of safety mandated by statute.

Qualifications of Applicants

Daniel L. Alcaraz

    Mr. Alcaraz, 55, has had ITDM since 2011. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Alcaraz understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Alcaraz meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2013 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Illinois.

John Baltich

    Mr. Baltich, 53, has had ITDM since 2010. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Baltich understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Baltich meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2013 and certified that he does not have diabetic retinopathy.
He holds a Class B CDL from Pennsylvania.

Rodney G. Bell

    Mr. Bell, 47, has had ITDM since 2012. His endocrinologist examined
him in 2013 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Bell understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Bell meets the vision requirements
of 49 CFR 391.41(b)(10). His optometrist examined him in 2013 and
certified that he does not have diabetic retinopathy. He holds a Class
B CDL from Iowa.

John D. Clark, 4th

    Mr. Clark, 34, has had ITDM since 2011. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Clark understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Clark meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class D operator's license from New Jersey.

Theeir L. Coleman

    Mr. Coleman, 54, has had ITDM since 1976. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Coleman understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Coleman meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2013 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Virginia.

Michael W. Denney

    Mr. Denney, 32, has had ITDM since 2008. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Denney understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Denney meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class D operator's license from Kentucky.

Charles G. Garabedian

    Mr. Garabedian, 60, has had ITDM since 2009. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Garabedian understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Garabedian meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2013 and certified that he does not have diabetic
retinopathy. He holds a Class A CDL from New Hampshire.

William I. Harbolt

    Mr. Harbolt, 64, has had ITDM since 2007. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Harbolt understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Harbolt meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2013 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Montana.

Ryan L. Harrier

    Mr. Harrier, 37, has had ITDM since 1999. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist

certifies that Mr. Harrier understands diabetes management and
monitoring, has stable control of his diabetes using insulin, and is
able to drive a CMV safely. Mr. Harrier meets the vision requirements
of 49 CFR 391.41(b)(10). His optometrist examined him in 2013 and
certified that he does not have diabetic retinopathy. He holds a Class
O operator's license from Michigan.

John D. Heffington

    Mr. Heffington, 30, has had ITDM since 2010. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Heffington understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Heffington meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2013 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Kansas.

Matthew L. Herscowitz

    Mr. Herscowitz, 22, has had ITDM since 2004. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Herscowitz understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Herscowitz meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2013 and certified that he does not have
diabetic retinopathy. He holds a Class C operator's license from
California.

Larry W. Hines

    Mr. Hines, 66, has had ITDM since 2011. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Hines understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hines meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from New Mexico.

Mark G. Kahler

    Mr. Kahler, 33, has had ITDM since 2009. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Kahler understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Kahler meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Texas.

Roger B. Larson

    Mr. Larson, 75, has had ITDM since 2009. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Larson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Larson meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Minnesota.

Michael W. McCrary

    Mr. McCrary, 51, has had ITDM since 2013. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. McCrary understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. McCrary meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2013 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Georgia.

Sean T. McMahon

    Mr. McMahon, 49, has had ITDM since 2012. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. McMahon understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. McMahon meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2013 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Minnesota.

David S. Monroe

    Mr. Monroe, 41, has had ITDM since 1982. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Monroe understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Monroe meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Kansas.

Steven M. Oliver

    Mr. Oliver, 55, has had ITDM since 2012. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or

resulting in impaired cognitive function that occurred without warning
in the past 12 months and no recurrent (2 or more) severe hypoglycemic
episodes in the last 5 years. His endocrinologist certifies that Mr.
Oliver understands diabetes management and monitoring, has stable
control of his diabetes using insulin, and is able to drive a CMV
safely. Mr. Oliver meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His optometrist examined him in 2013 and certified
that he does not have diabetic retinopathy. He holds a Class A CDL from
Arizona.

John E. Parker

    Mr. Parker, 54, has had ITDM since 2011. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Parker understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Parker meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2013 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Kansas.

Thomas B. Quirk

    Mr. Quirk, 56, has had ITDM since 1991. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Quirk understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Quirk meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2013 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from
Connecticut.

Michael R. Shields

    Mr. Shields, 54, has had ITDM since 2011. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Shields understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Shields meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2013 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from North
Dakota.

David G. Shultz

    Mr. Shultz, 62, has had ITDM since 2008. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Shultz understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Shultz meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2013 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Donald A. Spivey

    Mr. Spivey, 46, has had ITDM since 2006. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Spivey understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Spivey meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2013 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
Tennessee.

James Tracy

    Mr. Tracy, 27, has had ITDM since 2011. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Tracy understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Tracy meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Idaho.

James S. Wolfe

    Mr. Wolfe, 35, has had ITDM since 2012. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Wolfe understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Wolfe meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Iowa.

Jerry D. Zimmerman

    Mr. Zimmerman, 59, has had ITDM since 2010. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Zimmerman understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Zimmerman meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2013 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from North Dakota.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the date section
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441) \1\. The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------

    \1\ Section 4129(a) refers to the 2003 notice as a ``final
rule.'' However, the 2003 notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
---------------------------------------------------------------------------

    Section 4129 requires: (1) Elimination of the requirement for 3
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year driving experience and fulfilled
the requirements of section 4129 while continuing to ensure that
operation of CMVs by drivers with ITDM will achieve the requisite level
of safety required of all exemptions granted under 49 U.S.C. 31136(e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary.
    The FMCSA concluded that all of the operating, monitoring and
medical requirements set out in the September 3, 2003 notice, except as
modified, were in compliance with section 4129(d). Therefore, all of
the requirements set out in the September 3, 2003 notice, except as
modified by the notice in the Federal Register on November 8, 2005 (70
FR 67777), remain in effect.

Submitting Comments

    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 and
in the search box insert the docket number FMCSA-2013-0184 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. 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.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-2013-0184 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

    Issued on: October 22, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-25382 Filed 10-25-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: February 1, 2010 (Volume 75, Number 20)]
[Notices]
[Page 5070-5071]
[DOCID:fr01fe10-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13656-000]

TideWorks, LLC; Notice of Application Tendered for Filing With
the Commission and Soliciting Additional Study Requests

January 22, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Exemption From Licensing.
    b. Project No.: P-13656-000.
    c. Date Filed: January 15, 2010.
    d. Applicant: TideWorks, LLC.
    e. Name of Project: TideWorks Project.
    f. Location: On the Sasanoa River adjacent to Bareneck Island, in
Sagadahoc County, Maine. The project would not occupy lands of the
United States.
    g. Filed Pursuant to: Public Utilities Regulatory Policies Act of
1978, 16 U.S.C. 2705, 2708.
    h. Applicant Contact: Shana Lewis, 730 N. Yellowstone Street,
Livingston, MT 59047,<PHONE_NUMBER>.
    i. FERC Contact: Tom Dean,<PHONE_NUMBER>.
    j. Cooperating Agencies: We are asking Federal, State, and local
agencies and Indian Tribes with jurisdiction and/or special expertise
with respect to environmental issues to cooperate with us in the
preparation of the environmental document. Agencies who would like to
request cooperating status should follow the instructions for filing
comments described in item l below.
    k. Pursuant to Section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.

    l. Deadline for filing additional study requests and requests for
cooperating agency status: March 16, 2010.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    Additional study requests and requests for cooperating agency
status may be filed electronically via the Internet in lieu of paper.
The Commission strongly encourages electronic filings. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
at (http://www.ferc.gov) under the ``eFiling'' link.
    m. This application is not ready for environmental analysis at this
time.
    n. Description of Project: The TideWorks Project would consist of:
(1) A new 10-foot-wide, 20-foot-long steel pontoon float suspending
into the river; (2) a new submerged 5 kilowatt single vertical shaft
turbine generating unit with four 4-inch-wide, 5-foot-long blades; (3)
a new 3.5-foot-wide, 40-foot-long walkway ramp connecting the pontoon
float to Bareneck Island; (4) a new 100-foot-long, 220-volt
transmission line; and (5) appurtenant facilities. The project would
have an average annual generation of about 22,000 kilowatt-hours. The
project would operate in a run-of-river mode using the river current
flood and ebb tidal flows to rotate the hydrokinetic turbine generating
unit.
    o. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the three digits in the docket
number field to access the document. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>or toll free at (866)
208-3676, or for TTY, contact<PHONE_NUMBER>. A copy is also available
for inspection and reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    p. With this notice, we are initiating consultation with the Maine
State Historic Preservation Officer (SHPO), as required by section 106,
National Historic Preservation Act, and the regulations of the Advisory
Council on Historic Preservation, 36 CFR 800.4.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-1985 Filed 1-29-10; 8:45 am]
BILLING CODE 6717-01-P


Agenda

Meeting with Fumigators

February 5, 2008

1. Welcome and introductions

2. Overview of EPA's schedule and process

3. Summary of mitigation options and discussion

Measures that directly reduce risk

- Buffers and related measures

- sealing

- Timing of applications

- limiting block sizes

- Restrictions on methods/practices

- GAPS

- Measures to protect workers

- Respiratory protection

- Tarp cutting and removal restrictions

- Reentry restrictions

Measures that facilitate safety, compliance, planning and enforcement

- FMPs and related measures

- Responsible party

- Certification

- Record keeping

- Notification and posting

- Restricted use

- Manual

- Stewardship programs

4. Other questions on current application practices


[Federal Register: January 17, 2008 (Volume 73, Number 12)]
[Notices]
[Page 3245-3246]
[DOCID:fr17ja08-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP04-67-003]

NGO Transmission, Inc.; Notice of Tariff Filing

January 9, 2008.
    Take notice that on January 8, 2008, NGO Transmission, Inc., (NGO)
tendered for filing as part of its FERC Gas Tariff, First Revised
Volume No. 1, Substitute Original Sheet No. 170, with an effective date
of January 1, 2008.
    NGO states that the substitute sheets corrects and replaces
Original Sheet No. 170 filed in the above-referenced proceeding on
December 21, 2007.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding.

Such protests must be filed on or before the date as indicated below.
Anyone filing a protest must serve a copy of that document on all the
parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time January 14, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-715 Filed 1-16-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Rules and Regulations]
[Pages 18426-18428]
[FR Doc No: 2023-06357]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2022-0719, FRL-10254-02-R10]

Air Plan Approval; ID; Incorporation by Reference Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Idaho State Implementation Plan (SIP) submitted on May
4, 2022. The submission updates the incorporation by reference of the
national ambient air quality standards and related planning and
monitoring requirements into the Idaho air quality rules as of July 1,
2021. Idaho undertakes such updates regularly to ensure the state air
quality rules and the federally enforceable Idaho SIP remain consistent
with EPA air quality regulations over time.

DATES: This final rule is effective April 28, 2023.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2022-0719. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information the disclosure
of which 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 at https://www.regulations.gov, or please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Kristin Hall (15-H13), EPA Region 10,
1200 Sixth Avenue (Suite 155), Seattle, WA 98101,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or
``our'' is used, it refers to the EPA.

Table of Contents

I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background

    On May 4, 2022, Idaho submitted updates to the SIP to incorporate
the national ambient air quality standards and other Federal
regulations by reference as of July 1, 2021. The SIP revision, state
effective March 24, 2022, includes specific air quality regulations
codified in the Idaho Rules for the Control of Air Pollution (IDAPA
58.01.01). On December 19, 2022, the EPA proposed to approve the
submitted SIP revision (87 FR 77544). The reasons for our proposed
approval are included in the proposal and will not be restated here.
The public comment period closed on January 18, 2023. We received no
public comments. Therefore, we are finalizing the action as proposed.

II. Final Action

    The EPA is approving and incorporating by reference revisions to
the Idaho SIP submitted on May 4, 2022. Upon the effective date of this
action, the Idaho SIP will include IDAPA <IP_ADDRESS> Incorporation by
Reference, subsection 03, paragraphs a through e, state effective March
24, 2022. This provision incorporates the national ambient air quality
standards and related planning and monitoring requirements as of July
1, 2021.

III. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, we are finalizing the incorporation by reference of Idaho
regulatory provisions described in section II of this preamble and set
forth below in the amendments to 40 CFR part 52. The EPA has made, and
will continue to make, these materials generally available through
https://www.regulations.gov and at the EPA Region 10 Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information). Therefore, these
materials have been approved by the EPA for inclusion in the SIP, have
been incorporated by reference by the EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the Clean Air Act
as of the effective date of the final rule of the EPA's approval, and
will be

incorporated by reference in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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 Clean Air Act.
    Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    The air agency did not evaluate environmental justice
considerations as part of its SIP submittal; the Clean Air Act and
applicable implementing regulations neither prohibit nor require such
an evaluation. The EPA did not perform an EJ analysis and did not
consider EJ in this action. Due to the nature of this action, it is
expected to have a neutral to positive impact on the air quality of the
affected area. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of Executive Order 12898 of achieving environmental justice
for people of color, low-income populations, and Indigenous peoples.
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and it will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
    This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 30, 2023. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 22, 2023.
Casey Sixkiller,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart N--Idaho

0
2. In Sec.  52.670, amend the table in paragraph (c) by revising entry
``107'' to read as follows:

Sec.  52.670  Identification of plan.

* * * * *
    (c) * * *

                                   EPA Approved Idaho Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                        State
      State citation            Title/subject      effective date     EPA approval date         Explanations
----------------------------------------------------------------------------------------------------------------
      Idaho Administrative Procedures Act (IDAPA) 58.01.01--Rules for the Control of Air Pollution in Idaho
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
107......................  Incorporation by             3/24/2022  3/29/2023, [INSERT      Except Section
                            Reference.                              FEDERAL REGISTER        107.03.f through
                                                                    CITATION].              107.03.p.

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

* * * * *
[FR Doc. 2023-06357 Filed 3-28-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 21, 2009 (Volume 74, Number 181)]
[Rules and Regulations]
[Page 48009-48011]
[DOCID:fr21se09-7]

=======================================================================
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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 730, 732, 734, 736, 738, 740, 742, 743, 744, 746, 747,
748, 750, 752, 754, 756, 758, 760, 762, 764, 766, 768, 770, 772 and
774

[Docket No.<PHONE_NUMBER>-91252-01]
RIN 0694-AE72

Updated Statements of Legal Authority for the Export
Administration Regulations

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: This rule updates the Code of Federal Regulations legal
authority citations for the Export Administration Regulations (EAR) to
include the citation to the President's Notice of August 13, 2009--
Continuation of Emergency Regarding Export Control Regulations.

DATES: The rule is effective September 21, 2009.

ADDRESSES: Comments concerning this rule should be sent to
<EMAIL_ADDRESS>fax<PHONE_NUMBER>, or to Regulatory Policy
Division, Bureau of Industry and Security, Room H2705, U.S. Department
of Commerce, Washington, DC 20230. Please refer to regulatory
identification number (RIN) 0694-AE72 in all comments, and in the
subject line of e-mail comments.

FOR FURTHER INFORMATION CONTACT: William Arvin, Regulatory Policy
Division, Bureau of Industry and Security, Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    Since the Export Administration Act expired in August 2001, parts
730-744 and 746-774 of the EAR have been continued in force pursuant to
Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783
(2002) and the annual notices continuing the emergency declared in that
executive order. This rule revises authority citations in the Code of
Federal Regulations to include the President's Notice of August 13,
2009--Continuation of Emergency Regarding Export Control Regulations
(74 FR 41325, August 14, 2009), which is the most recent such annual
notice. This rule also removes the citation to Public Law 106-508 from
part 743. Public Law 106-508 is the 2000 renewal of the Export
Administration Act, which has expired, making the citation obsolete.

Rulemaking Requirements

    1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
does not involve any collection of information.
    3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    4. The Department finds that there is good cause under 5 U.S.C.
553(b)(B) to waive the provisions of the Administrative Procedure Act
requiring prior notice and the opportunity for public comment because
they are unnecessary. This rule only updates legal authority citations.
This rule does not alter any right, obligation or prohibition that
applies to any person under the EAR. Because these revisions are not
substantive changes, it is unnecessary to provide notice and
opportunity for public comment. In addition, the 30-day delay in
effectiveness required by 5 U.S.C. 553(d) is not applicable because
this rule is not a substantive rule. Because neither the Administrative
Procedure Act nor any other law requires that notice of proposed
rulemaking and an opportunity for public comment be given for this
rule, the analytical requirements of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) are not applicable.

List of Subjects

15 CFR Part 730

    Administrative practice and procedure, Advisory committees,
Exports, Reporting and recordkeeping requirements, Strategic and
critical materials.

15 CFR Parts 732, 740, 748, 750, 752 and 758

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

15 CFR Part 734

    Administrative practice and procedure, Exports, Inventions and
patents, Research, Science and technology.

 15 CFR Parts 736, 738, 770 and 772

    Exports.

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 743

    Administrative practice and procedure, Reporting and recordkeeping
requirements.

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

15 CFR Part 746 and 774

    Exports, Reporting and recordkeeping requirements.

15 CFR Part 747

    Administrative practice and procedure, Exports, Foreign trade,
Reporting and recordkeeping requirements.

15 CFR Part 754

    Agricultural commodities, Exports, Forests and forest products,
Horses, Petroleum, Reporting and recordkeeping requirements.

15 CFR Part 756

    Administrative practice and procedure, Exports, Penalties.

15 CFR Part 760

    Boycotts, Exports, Reporting and recordkeeping requirements.

15 CFR Part 762

    Administrative practice and procedure, Business and industry,
Confidential business information, Exports, Reporting and recordkeeping
requirements.

15 CFR Part 764

    Administrative practice and procedure, Exports, Law Enforcement,
Penalties.

15 CFR Part 766

    Administrative practice and procedure, Confidential business
information, Exports, Law enforcement, Penalties.

15 CFR Part 768

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements, Science and technology.

0
Accordingly, parts 730, 732, 734, 736, 738, 740, 742, 743, 744, 746,
747, 748, 750, 752, 754, 756, 758, 760, 762, 764, 766, 768, 770, 772
and 774 of the EAR (15 CFR parts 700-774) are amended as follows:

PART 730--AMENDED

0
1. The authority citation for 15 CFR part 730 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151
note; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s),
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C.
app. 466c; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 12002, 42
FR 35623, 3 CFR, 1977 Comp., p. 133; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 Comp., p.
256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12854,
58 FR 36587, 3 CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 28205, 3
CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp.,
p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O.
12981, 60 FR 62981, 3 CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR
54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224,
66 FR 49079, 3 CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR 26751, May
13, 2004; Notice of August 13, 2009, 74 FR 41325 (August 14, 2009);
Notice of November 10, 2008, 73 FR 67097 (November 12, 2008).

PART 732--AMENDED

0
2. The authority citation for 15 CFR part 732 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 13, 2009, 74
FR 41325 (August 14, 2009).

PART 734--AMENDED

0
3. The authority citation for 15 CFR part 734 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61
FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 13, 2009, 74 FR 41325 (August 14, 2009);
Notice of November 10, 2008, 73 FR 67097 (November 12, 2008).

PART 736--AMENDED

0
4. The authority citation for 15 CFR part 736 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 2151 note; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, May 13, 2004;
Notice of August 13, 2009, 74 FR 41325 (August 14, 2009); Notice of
November 10, 2008, 73 FR 67097 (November 12, 2008).

PART 738--AMENDED

0
5. The authority citation for 15 CFR part 738 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; Notice of August 13, 2009, 74 FR 41325 (August 14, 2009).

PART 740--AMENDED

0
6. The authority citation for 15 CFR part 740 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp.,
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 13, 2009, 74 FR 41325 (August 14, 2009).

PART 742--AMENDED

0
7. The authority citation for 15 CFR part 742 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; Sec 1503, Public Law 108-11, 117 Stat. 559; E.O. 12058,
43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3
CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp.,
p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003;
Notice of August 13, 2009, 74 FR 41325 (August 14, 2009); Notice of
November 10, 2008, 73 FR 67097 (November 12, 2008).

PART 743--AMENDED

0
8. The authority citation for 15 CFR part 743 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
13, 2009, 74 FR 41325 (August 14, 2009).

PART 744--AMENDED

0
9. The authority citation for 15 CFR part 744 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996

Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66
FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of August 13, 2009, 74
FR 41325 (August 14, 2009); Notice of November 10, 2008, 73 FR 67097
(November 12, 2008).

PART 746--AMENDED

0
10. The authority citation for 15 CFR part 746 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 287c; Sec 1503, Public Law 108-11, 117 Stat. 559; 22
U.S.C. 6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58
FR 36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR,
1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p. 783;
Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May
16, 2003; Presidential Determination 2007-7 of December 7, 2006, 72
FR 1899 (January 16, 2007); Notice of August 13, 2009, 74 FR 41325
(August 14, 2009).

PART 747--AMENDED

0
11. The authority citation for 15 CFR part 747 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec 1503, Public Law 108-11, 117 Stat. 559; E.O. 12918, 59 FR 28205,
3 CFR, 1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p. 783;
Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May
16, 2003; Notice of August 13, 2009, 74 FR 41325 (August 14, 2009).

PART 748--AMENDED

0
12. The authority citation for 15 CFR part 748 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 13, 2009, 74
FR 41325 (August 14, 2009).

PART 750--AMENDED

0
13. The authority citation for 15 CFR part 750 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec 1503, Public Law 108-11, 117 Stat. 559; E.O. 13026, 61 FR 58767,
3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Presidential Determination 2003-23 of May 7, 2003, 68
FR 26459, May 16, 2003; Notice of August 13, 2009, 74 FR 41325
(August 14, 2009).

PART 752--AMENDED

0
14. The authority citation for 15 CFR part 752 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 13, 2009, 74
FR 41325 (August 14, 2009).

PART 754--AMENDED

0
15. The authority citation for 15 CFR part 754 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 30 U.S.C. 185(s), 185(u); 42
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; E.O. 11912, 41 FR
15825, 3 CFR, 1976 Comp., p. 114; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783; Notice of August 13, 2009, 74 FR 41325 (August
14, 2009).

PART 756--AMENDED

0
16. The authority citation for 15 CFR part 756 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
13, 2009, 74 FR 41325 (August 14, 2009).

PART 758--AMENDED

0
17. The authority citation for 15 CFR part 758 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
13, 2009, 74 FR 41325 (August 14, 2009).

PART 760--AMENDED

0
18. The authority citation for 15 CFR part 760 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
13, 2009, 74 FR 41325 (August 14, 2009).

PART 762--AMENDED

0
19. The authority citation for 15 CFR part 762 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
13, 2009, 74 FR 41325 (August 14, 2009).

PART 764--AMENDED

0
20. The authority citation for 15 CFR part 764 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
13, 2009, 74 FR 41325 (August 14, 2009).

PART 766--AMENDED

0
21. The authority citation for 15 CFR part 766 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
13, 2009, 74 FR 41325 (August 14, 2009).

PART 768--AMENDED

0
22. The authority citation for 15 CFR part 768 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
13, 2009, 74 FR 41325 (August 14, 2009).

PART 770--AMENDED

0
23. The authority citation for 15 CFR part 770 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
13, 2009, 74 FR 41325 (August 14, 2009).

PART 772--AMENDED

0
24. The authority citation for 15 CFR part 772 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
13, 2009, 74 FR 41325 (August 14, 2009).

PART 774--AMENDED

0
25. The authority citation for 15 CFR part 774 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; Notice of August 13, 2009, 74 FR 41325 (August 14, 2009).

    Dated: September 15, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. E9-22677 Filed 9-18-09; 8:45 am]

BILLING CODE 3510-33-P