[Federal Register: December 10, 2009 (Volume 74, Number 236)]
[Notices]
[Page 65569-65571]
[DOCID:fr10de09-90]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61112; File No. SR-BX-2009-077]

Self-Regulatory Organizations; NASDAQ OMX BX; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Offer Several
Market Data Products

December 4, 2009.
    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 December 1, 2009, NASDAQ OMX BX (``Exchange'' or ``BX'') 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 Exchange. BX has designated the proposed rule
change as constituting a rule change under Rule 19b-4(f)(6) under the
Act,\3\ which renders the proposal effective upon filing with the
Commission. 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.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to offer several market data products
substantially similar to market data products previously approved by
the Commission for The NASDAQ Stock Market LLC (``Nasdaq''). The
Exchange does not expect that the proposed rule change will have any
direct effect, or significant indirect effect, on any other Exchange
rule in effect at the time of this filing. The text of the proposed
rule

change is below. Proposed new language is italicized.\4\
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    \4\ Changes are marked to the rules of NASDAQ OMX BX, Inc.,
found at http://nasdaqomxbx.cchwallstreet.com.
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* * * * *

7039. BX Last Sale Data Feeds

    (a) The Exchange shall offer proprietary data feeds containing
real-time last sale information for trades executed on the Exchange.
There shall be no fee for BX Last Sale Data Feeds.
    (1) ``BX Last Sale for Nasdaq'' shall contain all transaction
reports for Nasdaq-listed securities; and
    (2) ``BX Last Sale for NYSE/Amex'' shall contain all such
transaction reports for NYSE- and Amex-listed securities.
* * * * *

7047. BX BBO Feeds

    (a) The Exchange shall offer proprietary data feeds containing
real-time market information from the Exchange Market Center. There
shall be no fee for BX BBO Feeds.
    (1) ``BX BBO for Nasdaq'' shall contain the Exchange's best bid and
offer for Nasdaq-listed securities;
    (2) ``BX BBO for NYSE'' shall contain the Exchange's best bid and
offer for NYSE-listed securities; and
    (3) ``BX BBO for Amex'' shall contain the Exchange's best bid and
offer for Amex-listed securities.
* * * * *

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below, and is set forth in Sections A, B, and C below.

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

1. Purpose
    The Exchange proposes to amend its rules to offer certain market
data products on the Exchange that have been established by Nasdaq and
previously approved by the Commission. As discussed below, these market
data products include the BX Last Sale Data Feeds and the BX BBO Feeds.

BX Last Sale Data Feeds

    The Exchange proposes to offer access to real-time market data to
data distributors for no fee, enabling those distributors to
disseminate the data via the internet and television at no cost to
millions of internet users and television viewers.
    The proposed BX Last Sale market data products are real-time data
feeds that provide real-time last sale information including execution
price, volume, and time for executions occurring within the Exchange's
system. The Exchange believes that this data feed will increase
transparency and the efficiency of executions by enabling vendors to
provide additional market data in a cost efficient manner.
Specifically, the Exchange will create the Exchange Last Sale for
Nasdaq, as well as the Exchange Last Sale for New York Stock Exchange
(``NYSE'') and the Exchange Last Sale for Amex data products, that
provides real-time last sale information including execution price,
volume, and time for Nasdaq, NYSE- and Amex-securities executions,
respectively, occurring within the Exchange's system.
    The Exchange proposes to offer the data feed without charge. The
proposed BX Last Sale products are similar to the NASDAQ Last Sale Data
Feed offered by Nasdaq.\5\
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    \5\ See Nasdaq Rule 7039.
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BX Best Bid and Offer

    The Exchange is proposing a product that will offer a real time
data feed of the Exchange's Best Bid and Offer (``BBO''), which will
provide investors with necessary information about the market for
Nasdaq and NYSE- and Amex-securities. The Exchange will not charge a
fee for this product. Quotation information from the Exchange Market
Center will be available in three forms, BX BBO for Nasdaq, BX BBO for
NYSE and BX BBO for Amex.
    The Exchange proposes to offer the data feed without charge. The
proposed BX Last Sale products are similar to the NASDAQ Last Sale Data
Feed offered by Nasdaq.\6\
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    \6\ See Nasdaq Rule 7039 [sic].
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2. Statutory Basis
    BX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\7\ in general and with Sections
6(b)(5) of the Act,\8\ in particular in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The proposed rule changes
will advance these goals since use of these data feeds is voluntary and
they are offered at no cost.
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(5).
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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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    BX proposes adopting several market data products that are
substantially similar to market data products established by
Nasdaq.\11\ BX will provide the data feeds without charge. For the
foregoing reasons, this rule filing qualifies for immediate
effectiveness as a ``non-controversial'' rule change under paragraph
(f)(6) of Rule 19b-4 of the Act.
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    \11\ See Nasdaq Rules 7039 and 7047.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors,

or otherwise in furtherance of the purposes of the Act.

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-BX-2009-077 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2009-077. 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, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. 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 publicly available. All
submissions should refer to File Number SR-BX-2009-077 and should be
submitted on or before December 31, 2009.
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    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-29421 Filed 12-9-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Notices]
[Pages 57173-57174]
[FR Doc No: 2023-18022]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0113; Notice 2]

Mack Trucks, Inc., Denial of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Denial of petition.

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SUMMARY: Mack Trucks, Inc., (Mack Trucks), has determined that certain
model year (MY) 2015-2023 Mack GU/GR Class 8 trucks and truck-tractors
do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS)
No. 108, Lamps, Reflective Devices, and Associated Equipment. Mack
Trucks filed an original noncompliance report dated November 1, 2022,
and amended the report on November 3, 2022. Mack Trucks petitioned
NHTSA on November 23, 2022, for a decision that the subject
noncompliance is inconsequential as it relates to motor vehicle safety.
This document announces the denial of Mack Trucks' petition.

FOR FURTHER INFORMATION CONTACT: Leroy Angeles, Safety Compliance
Engineer, Office of Vehicle Safety Compliance, NHTSA,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    I. Overview: Mack Trucks determined that certain MY 2015-2023 Mack
GU/GR Class 8 trucks and truck-tractors do not fully comply with
paragraph S6.4.3(a) and Table V-b of FMVSS No. 108, Lamps, Reflective
Devices, and Associated Equipment (49 CFR 571.108).
    Mack Trucks filed an original noncompliance report dated November
1, 2022, and amended the report on November 3, 2022, pursuant to 49 CFR
part 573, Defect and Noncompliance Responsibility and Reports. Mack
Trucks petitioned NHTSA on November 23, 2022, for an exemption from the
notification and remedy requirements of 49 U.S.C. chapter 301 on the
basis that this noncompliance is inconsequential as it relates to motor
vehicle safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR
part 556, Exemption for Inconsequential Defect or Noncompliance.\1\
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    \1\ Mack Trucks' petition failed to include all of the necessary
components of a petition pursuant to 49 CFR 556.4. The petition
described the noncompliance, but failed to include any reasoning for
why the noncompliance is inconsequential to safety. A petition is
required to: ``Set forth all data, views, and arguments of the
petitioner supporting [the] petition.'' Id. Sec.  556.4. Absent any
reasoning, a petitioner cannot meet its burden of persuasion that a
noncompliance is inconsequential to safety. Such an invalid petition
does not require a response by the agency. Nevertheless, in this
instance, the agency is publishing this notice to help ensure Mack
Trucks and other petitioners are aware that a petition for
inconsequentiality must be properly justified. In the future, the
agency may reject such incomplete petitions without further
consideration.
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    Notice of receipt of Mack Trucks' petition was published with a 30-
day public comment period, on January 17, 2023, in the Federal Register
(88 FR 2759). No comments were received. To view the petition and all
supporting documents log onto the Federal Docket Management System
(FDMS) website at https://www.regulations.gov/. Then follow the online
search instructions to locate docket number ``NHTSA-2022-0113.''
    II. Vehicles Involved: Approximately 27,544 MY 2015-2023 Mack GU/GR
Class 8 trucks and truck-tractors, manufactured between September 1,
2014, and September 30, 2022, are potentially involved:
    III. Noncompliance: Mack Trucks explains that the subject vehicles
are equipped with turn signal lamps that do not meet the visibility
requirement at all angles specified by S6.4.3(a) and Table V-b of FMVSS
No. 108. Based upon different axle positions and frame extension
configurations, the forward turn signals on specific vehicles are not
compliant with the 45 degree inboard and/or 15 degree downward angle
visibility requirement.
    IV. Rule Requirements: Paragraph S6.4.3 of FMVSS No. 108 includes
the requirements relevant to this petition. A manufacturer is required
to certify compliance of each lamp function to

one of two visibility requirement options: the lens area option or the
luminous intensity option. The manufacturer may not thereafter choose a
different option for that vehicle.
    V. Summary of Mack Trucks' Petition: The following statements
presented in this section, ``V. Summary of Mack Trucks' Petition,'' are
the statements provided by Mack Trucks. They do not reflect the views
of the Agency. Mack Trucks describes the subject noncompliance and
contends, without explanation, that the noncompliance is
inconsequential as it relates to motor vehicle safety.
    Mack Trucks explains that after FMVSS No. 108 was updated in 2014,
certain vehicle configurations were not updated accordingly which
resulted in the subject vehicles being noncompliant with the taillamp
signal visibility requirements provided in S6.4.3. Mack Trucks states
that due to an unrelated engineering change, the subject noncompliance
was identified. Mack Trucks found the subject vehicles did not meet the
minimum unobstructed view requirement of 1,250 sq mm at all the
required angles. The standard requires the unobstructed view to be met
at all angles between the corner points, up to and including 15 degrees
down and 45 degrees inboard toward the vehicle's longitudinal
centerline; however, for the GU and GR Axle Back models of the subject
vehicles failed to meet the requirements past 15 degrees down and 37
degrees inboard angle. For the GU and GR Axle Forward and Axle Forward
Extended Frame Rails models of the subject vehicles, Mack Trucks found
that the subject vehicles failed to meet the requirements past 7
degrees down and 45 degrees inboard angle. Mack Trucks provides
illustrations to show the noncompliances on the affected vehicle
configurations.
    Mack Trucks concludes by stating its belief that the subject
noncompliance is inconsequential to motor vehicle safety and its
petition for relief from providing notice and remedy for the
noncompliance be granted. Mack Trucks failed to include any reasoning
for why the noncompliance was purportedly inconsequential to safety.
    VI. NHTSA's Analysis:
    Mack Trucks did not provide any data, views, or arguments
supporting its belief that this noncompliance is inconsequential to
safety, as required by 49 CFR 556.4. It is the petitioner's burden to
establish the inconsequentiality of a failure to comply with a FMVSS.
FMVSS are adopted to ``meet the need for motor vehicle safety.'' 49
U.S.C. 30111(a). ``[M]otor vehicle safety'' is ``the performance of a
motor vehicle or motor vehicle equipment in a way that protects the
public against unreasonable risk of accidents occurring because of the
design, construction, or performance of a motor vehicle, and against
unreasonable risk of death or injury in an accident, and includes
nonoperational safety of a motor vehicle.'' 49 U.S.C. 30102(a)(9).
Given the safety need for the FMVSS, an invalid petition that fails to
provide justification that a specific noncompliance is inconsequential
to motor vehicle safety need not be considered. Nevertheless, in this
instance, the agency is publishing this notice to help ensure
petitioners are aware of the requirement to provide ``all data, views,
and arguments of the petitioner supporting [the] petition.'' 49 CFR
556.4. Mack Trucks and other petitioners are on notice that the agency
may reject incomplete petitions without further consideration and they
must carry out their statutory recall obligations without delay.
    VII. NHTSA's Decision: In consideration of the foregoing, NHTSA has
decided that Mack Trucks has not met its burden of persuasion that the
subject FMVSS No. 108 noncompliance is inconsequential to motor vehicle
safety. Accordingly, Mack Trucks' petition is hereby denied and Mack
Trucks is consequently obligated to provide notification of and free
remedy for that noncompliance under 49 U.S.C. 30118 and 30120.

(Authority: 49 U.S.C. 30118, 30120; delegations of authority at 49
CFR 1.95 and 501.8.)

Otto G. Matheke, III,
Acting Associate Administrator for Enforcement.
[FR Doc. 2023-18022 Filed 8-21-23; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Notices]
[Pages 8614-8615]
[FR Doc No: 2022-03193]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2017-0012]

National Fall Safety Stand-Down To Prevent Falls in Construction;
Office of Management and Budget's (OMB) Approval of Information
Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Request for public comment.

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SUMMARY: OSHA solicits public comments concerning the proposal to the
Office of Management and Budget's (OMB) approval of the information
collection requirements specified in the National Fall Safety Stand-
Down to Prevent Falls in Construction.

DATES: Comments must be submitted (postmarked, sent, or received) by
April 18, 2022.

ADDRESSES:
    Electronically: You may submit comments, including attachments,
electronically at https://www.regulations.gov, the Federal eRulemaking
Portal. Follow the instructions online for submitting comments.
    Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov. Documents in the docket are
listed in the https://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office at<PHONE_NUMBER> (TTY
(877) 889-5627) for assistance in locating docket submissions.
    Instructions: All submissions must include the agency name and the
OSHA docket number for this Federal Register notice (OSHA-2017-0012).
OSHA will place comments, including personal information, in the public
docket, which may be available online. Therefore, OSHA cautions
interested parties about submitting personal information such as Social
Security numbers and birthdates. For further information on submitting
comments, see the ``Public Participation'' heading in the section of

this notice titled SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of the continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, reporting burden (time and costs)
is minimal, collection instruments are clearly understood, and OSHA's
estimate of the information collection burden is accurate. The
Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et
seq.) authorizes information collection by employers as necessary or
appropriate for enforcement of the OSH Act or for developing
information regarding the causes and prevention of occupational
injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also
requires that OSHA obtain such information with minimum burden upon
employers, especially those operating small businesses, and to reduce
to the maximum extent feasible unnecessary duplication of effort in
obtaining information (29 U.S.C. 657).
    Falls are a leading cause of death for employees. According to 2019
Bureau of Labor Statistics (BLS) data, falls accounted for 418 of the
1,061 construction fatalities, and 880 of the 5,333 fatalities in all
recorded industries. The National Fall Safety Stand-Down to Prevent
Falls in Construction raises fall hazard awareness across the country
in an effort to stop fall fatalities and injuries. The Stand-Down is
the biggest safety outreach event ever conducted by the agency. OSHA
has collaborated with countless industry leaders and employers over the
last eight years to reach over 10 million workers during Stand-Downs.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
    Whether the proposed information collection requirements are
necessary for the proper performance of the agency's functions,
including whether the information is useful;
    The accuracy of OSHA's estimate of the burden (time and costs) of
the information collection requirements, including the validity of the
methodology and assumptions used;
    The quality, utility, and clarity of the information collected; and
    Ways to minimize the burden on employers who must comply. For
example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB approve the information collection
requirements contained in the National Fall Safety Stand-Down to
Prevent Falls in Construction (29 U.S.C. 669). In this information
collection request, there are 4,500 respondents for an Occupational
Health and Safety Specialists with 750 total burden hours.
    Type of Review: Extension of currently approved collection.
    Title: National Fall Safety Stand- Down to Prevent Falls in
Construction.
    OMB Control Number: 1218-0271.
    Affected Public: Business or other for- profits.
    Number of Respondents: 4,500.
    Frequency of Responses: Annually.
    Average Time per Response: OSHA estimates an employer will take 10
minutes to complete the survey.
    Estimated Total Burden Hours: 750.
    Estimated Cost (Operation and Maintenance): $0.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at https://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax) at<PHONE_NUMBER>; or (3) by
hard copy. All comments, attachments, and other materials must identify
the agency name and the OSHA docket number for the ICR (Docket No.
OSHA-2017-0012). You may supplement electronic submissions by uploading
document files electronically. Please note: While OSHA's Docket Office
is continuing to accept and process submissions by regular mail, due to
the COVID-19 pandemic, the Docket Office is closed to the public and
not able to receive submissions to the docket by hand, express mail,
messenger, and courier service. The additional materials must clearly
identify your electronic comments by your name, date, and the docket
number so the agency can attach them to your comments.
    Comments and submissions are posted without change at https://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth.
    Although all submissions are listed in the https://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the https://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available through the website, and for assistance in using the internet
to locate docket submissions.

V. Authority and Signature

    James S. Frederick, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on January 31, 2022.
James S. Frederick,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2022-03193 Filed 2-14-22; 8:45 am]
BILLING CODE 4510-26-P


The following regulations are incorporated and made part of the
implementation plan for the Yakama Reservation:
    (a) Section 49.123 General provisions.
    (b) Section 49.124 Rule for limiting visible emissions.
    (c) Section 49.125 Rule for limiting the emissions of particulate
matter.
    (d) Section 49.126 Rule for limiting fugitive particulate matter
emissions.
    (e) Section 49.129 Rule for limiting emissions of sulfur dioxide.
    (f) Section 49.130 Rule for limiting sulfur in fuels.
    (g) Section 49.131 General rule for open burning.
    (h) Section 49.132 Rule for large open burning permits.
    (i) Section 49.133 Rule for agricultural burning permits.
    (j) Section 49.135 Rule for emissions detrimental to public health
or welfare.
    (k) Section 49.137 Rule for air pollution episodes.
    (l) Section 49.138 Rule for the registration of air pollution
sources and the reporting of emissions.
    (m) Section 49.139 Rule for non-Title V operating permits.
    (n) Section 49.140 Rule for residential wood burning devices.
    (o) Section 49.141 Rule for curtailment of residential wood burning
devices for specific areas.
    (p) Section 49.142 Rule for small open burning annual permits.

Sec.  49.11111  Permits for large open burning, agricultural burning
and small open burning annual permits.

    (a) Beginning [date to be determined] large open burns are subject
to the permitting requirements of Sec.  49.132.
    (b) Beginning [date to be determined], agricultural burns are
subject to the permitting requirements of Sec.  49.133.
    (c) Beginning [date to be determined], small open burns are subject
to the permitting requirements of Sec.  49.142.
0
9. Designate the appendix to subpart M of part 49 as appendix A to
subpart M of part 49 and revise newly-designated appendix A to read as
follows:

Appendix A to Subpart M--Alphabetical Listing of Tribes and
Corresponding Sections

------------------------------------------------------------------------
                                     Refer to the following  sections in
           Indian tribe                           subpart M
------------------------------------------------------------------------
Burns Paiute Tribe, Oregon........  Sec.  Sec.   49.9861 to 49.9890.
Chehalis Reservation, Washington--  Sec.  Sec.   49.9891 to 49.9920.
 Confederated Tribes of the.
Coeur D'Alene Tribe, Idaho........  Sec.  Sec.   49.9921 to 49.9950.
Colville Reservation, Washington--  Sec.  Sec.   49.9951 to 49.9980.
 Confederated Tribes of the.
Coos, Lower Umpqua and Siuslaw      Sec.  Sec.   49.9981 to 49.10010.
 Indians, Oregon--Confederated
 Tribes of the.
Coquille Indian Tribe, Oregon.....  Sec.  Sec.   49.10011 to 49.10040.
Cow Creek Band of Umpqua Tribe of   Sec.  Sec.   49.10041 to 49.10070.
 Indians Oregon.
Cowlitz Indian Tribe, Washington..  Sec.  Sec.   49.10071 to 49.10100.
Grand Ronde Community of Oregon--   Sec.  Sec.   49.10101 to 49.10130.
 Confederated Tribes of the.
Hoh Indian Tribe, Washington......  Sec.  Sec.   49.10131 to 49.10160.
Jamestown S'Klallam Tribe,          Sec.  Sec.   49.10161 to 49.10190.
 Washington.
Kalispel Indian Community of the    Sec.  Sec.   49.10191 to 49.10220.
 Kalispel Reservation, Washington.
Klamath Tribes, Oregon............  Sec.  Sec.   49.10221 to 49.10250.
Kootenai Tribe of Idaho...........  Sec.  Sec.   49.10251 to 49.10280.
Lower Elwha Tribal Community,       Sec.  Sec.   49.10281 to 49.10310.
 Washington.
Lummi Tribe of the Lummi            Sec.  Sec.   49.10311 to 49.10340.
 Reservation, Washington.
Makah Indian Tribe of the Makah     Sec.  Sec.   49.10341 to 49.10370.
 Indian Reservation, Washington.
Muckleshoot Indian Tribe,           Sec.  Sec.   49.10371 to 49.10400.
 Washington.
Nez Perce Tribe, Idaho............  Sec.  Sec.   49.10401 to 49.10430.
Nisqually Indian Tribe, Washington  Sec.  Sec.   49.10431 to 49.10460.
Nooksack Indian Tribe, Washington.  Sec.  Sec.   49.10461 to 49.10490.
Port Gamble S'Klallam Tribe,        Sec.  Sec.   49.10491 to 49.10520.
 Washington.
Puyallup Tribe of the Puyallup      Sec.  Sec.   49.10521 to 49.10550.
 Reservation, Washington.
Quileute Tribe of the Quileute      Sec.  Sec.   49.10551 to 49.10580.
 Reservation, Washington.
Quinault Indian Nation, Washington  Sec.  Sec.   49.10581 to 49.10610.
Samish Indian Nation, Washington..  Sec.  Sec.   49.10611 to 49.10640.
Sauk-Suiattle Indian Tribe,         Sec.  Sec.   49.10641 to 49.10670.
 Washington.
Shoalwater Bay Tribe of the         Sec.  Sec.   49.10671 to 49.10700.
 Shoalwater Bay Indian
 Reservation, Washington.

Shoshone-Bannock Tribes of the      Sec.  Sec.   49.10701 to 49.10730.
 Fort Hall Reservation, Idaho.
Siletz Indians of Oregon--          Sec.  Sec.   49.10731 to 49.10760.
 Confederated Tribes of.
Skokomish Indian Tribe, Washington  Sec.  Sec.   49.10761 to 49.10790.
Snoqualmie Indian Tribe,            Sec.  Sec.   49.10791 to 49.10820.
 Washington.
Spokane Tribe of the Spokane        Sec.  Sec.   49.10821 to 49.10850.
 Reservation, Washington.
Squaxin Island Tribe of the         Sec.  Sec.   49.10851 to 49.10880.
 Squaxin Island Reservation,
 Washington.
Stillaguamish Tribe of Indians of   Sec.  Sec.   49.10881 to 49.10920.
 Washington.
Suquamish Indian Tribe of the Port  Sec.  Sec.   49.10921 to 49.10950.
 Madison Reservation, Washington.
Swinomish Indian Tribal Community,  Sec.  Sec.   49.10951 to 49.10980.
 Washington.
Tulalip Tribes of Washington......  Sec.  Sec.   49.10981 to 49.11010.
Umatilla Indian Reservation,        Sec.  Sec.   49.11011 to 49.11040.
 Oregon--Confederated Tribes of
 the.
Upper Skagit Indian Tribe,          Sec.  Sec.   49.11041 to 49.11070.
 Washington.
Warm Springs Reservation of         Sec.  Sec.   49.11071 to 49.11100.
 Oregon--Confederated Tribes of
 the.
Yakama Nation, Washington--         Sec.  Sec.   49.11101 to 49.11130.
 Confederated Tribes and Bands of
 the.
------------------------------------------------------------------------

[FR Doc. 2022-20486 Filed 10-11-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Pages 80455-80456]
[FR Doc No: 2015-32349]

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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket No. USCG-2015-0472]

Deepwater Port License Application: Delfin LNG LLC, Delfin LNG
Deepwater Port

AGENCY: Maritime Administration, U.S. Department of Transportation.

ACTION: Notice of Receipt of Amended Application; Request for Comments.

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

SUMMARY: The Maritime Administration (MARAD), in cooperation with the
U.S. Coast Guard (USCG), announces the receipt and availability of the
amended deepwater port license application submitted by Delfin LNG LLC
(Delfin LNG) on November 19, 2015 (amended application). The purpose of
this Federal Register Notice is to explain the changes between the
original application and the amended application and seek public
comments regarding the amended application. Please note, MARAD and USCG
have determined that this Federal Register Notice is sufficient for
satisfying National Environmental Policy Act (NEPA) requirements for
public scoping and seeking public comment on an agency action. As such,
no public scoping meetings are planned to be held for the Delfin LNG
amended application.
    A Notice of Application that summarized the original Delfin LNG
license application was published in the Federal Register on July 16,
2015 (80 FR 42162). A Notice of Intent to Prepare an Environmental
Impact Statement and Notice of Public Meetings was published in the
Federal Register on Wednesday, July 29, 2015 (80 FR 45270). This Notice
incorporates the aforementioned Notices by reference and highlights
changes to the proposed Delfin LNG project made since the original
application was deemed complete.
    The proposed Delfin LNG deepwater port incorporates onshore
components, which are subject to the jurisdiction of the Federal Energy
Regulatory Commission (FERC). These facilities are described in the
section of this notice titled ``FERC Application.''

FOR FURTHER INFORMATION CONTACT: Mr. Roddy Bachman, USCG, telephone:
202-372-1451, email<EMAIL_ADDRESS>or Ms. Yvette M. Fields,
Director, Office of Deepwater Ports and Offshore Activities, MARAD,
telephone:<PHONE_NUMBER>, email<EMAIL_ADDRESS>For questions
regarding viewing the Federal docket, call Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We request public comments on the amended application for the
proposed deepwater port. You can submit comments directly to the Docket
Operations Facility during the public comment period from publication
date of this Notice until Tuesday, January 19, 2016. We will consider
all comments and materials received during the public comment period.
Public comment submissions must be unbound, no larger than 8\1/2\ by 11
inches and suitable for copying and electronic scanning. Please include
the docket number (USCG-2015-0472) and your name and address on any
correspondence.
    Submit comments or material using only one of the following
methods:
     Online: Go to www.regulations.gov and search docket number
``USCG-2015-0472.'' Follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Bring comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9:00 a.m. and 5:00 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    While not required, it is preferred that comments be submitted
electronically, which facilitates use of computer software to sort,
organize and search the comments. If you submit your comments
electronically, it is not necessary to also submit a hard copy.

Background

    On May 8, 2015, as supplemented on June 19, 2015, MARAD and USCG
received an application from Delfin LNG for all Federal authorizations
required for a license to own, construct, and operate a deepwater port
for the export of natural gas. On Thursday, July 16, 2015, a Notice of
Application was published in the Federal Register (80 FR 42162)
advising the public of the completed original application. Louisiana
and Texas were designated as adjacent coastal States (ACS) for the
original application.
    Two public scoping meetings were held in connection with the
original Delfin LNG application. The first public scoping meeting was
held in Lake Charles, Louisiana on August 18, 2015, and the second
public scoping meeting was held in Beaumont, Texas on August 19, 2015.
After the public scoping meetings concluded, Delfin LNG advised MARAD
and USCG of its intent to amend the original application.
    In anticipation of the amended application, MARAD and USCG issued a
regulatory ``stop-clock'' letter to Delfin LNG on September 18, 2015.
That letter commenced a regulatory ``stop-clock,'' effective September
18, 2015, which would remain in effect until MARAD and USCG received
the amended application and determined it contained sufficient
information to continue the Federal review process. On November 19,
2015, Delfin LNG submitted its amended application to MARAD and USCG.
    Working in coordination with participating Federal and State
agencies, we will commence processing the amended application and
complete a Draft EIS which analyzes reasonable alternatives to, and the
direct, indirect and cumulative environmental impacts of, the proposed
action. When the Draft EIS is complete and ready for public review, a
Notice of Availability will be published in the Federal Register. The
Notice of Availability will provide for a public comment period that
includes public meetings in Louisiana and Texas. The amended
application is currently available for public review at the Federal
docket Web site: www.regulations.gov under docket number USCG-2015-
0472.

Summary of the Amended Application

    The specific project changes from the original Delfin LNG
application are: 1) the liquefaction capacity of the four proposed
FLNGVs that would service the proposed Delfin deepwater port is
increased from a base design capacity of two million metric tons per
annum

(MMtpa) each (approximately 97 billion standard cubic feet per year
[Bscf/y]) to three MMtpa each (approximately 146 Bscf/y), and 2)
construction of new-build FLNGV hulls instead of converting existing
tank vessels. In sum, the four FLNGVs will be designed to have the
capability to produce approximately 12.0 MMtpa of LNG for export
(approximately 585 Bscf/y), and as much as 13.2 MMtpa in the optimized
design case, (approximately 657.5 Bscf/y). Each FLNGV would have a
total LNG storage capacity of 210,000 cubic meters (m\3\), an increase
from the original application's 165,000 m\3\.
    The amended application also provides for increased natural gas
compression horsepower requirements at the onshore facility. These are
described in the section of this Federal Register Notice entitled
``FERC Application.''
    Other fundamental aspects of the proposed Delfin LNG project remain
unchanged, including Port Delfin's location nearly 40 nautical miles
offshore of Louisiana, the reuse and repurpose of two existing offshore
pipelines, installation of new pipeline laterals leading to each tower
yoke mooring system (TYMS), construction of a pipeline bypass around an
existing platform at WC 167, and use of air cooling technology for the
natural gas liquefaction process.

FERC Application

    On May 8, 2015, Delfin LNG filed its original application with FERC
requesting authorizations pursuant to the Natural Gas Act and 18 CFR
part 157 for the onshore components of the proposed deepwater port
terminal including authorization to use the existing pipeline
infrastructure, which includes leasing a segment of pipeline from HIOS
extending from the terminus of the UTOS pipeline offshore. On May 20,
2015, FERC issued its Notice of Application for the onshore components
of Delfin LNG's deepwater port project in Docket No. CP15-490-000. This
Notice was published in the Federal Register on May 27, 2015 (80 FR
30226). Delfin LNG stated in its application that High Island Offshore
System, LLC (HIOS) would submit a separate application with FERC
seeking authorization to abandon by lease its facilities to Delfin LNG.
FERC, however, advised Delfin LNG that it would not begin processing
Delfin LNG's application until such time that MARAD and USCG deemed
Delfin LNG's deepwater port license application complete and HIOS
submitted an abandonment application with FERC. On June 29, 2015, MARAD
and USCG accepted the documentation and deemed the original Delfin
application complete.
    On November 19, 2015, HIOS filed an application (FERC Docket No.
CP16-20-000) to abandon certain offshore facilities in the Gulf of
Mexico, including its 66-mile-long mainline, an offshore platform, and
related facilities (``HIOS Repurposed Facilities''). Also, on November
19, 2015, Delfin LNG filed an amended application in FERC Docket No.
CP15-490-001 to use the HIOS Repurposed Facilities and to revise the
onshore component of its deepwater port project. On December 1, 2015,
FERC issued a Notice of Application for Delfin LNG's amendment, which
was published in the Federal Register on December 7, 2015 (80 FR
76003).
    The amended FERC application specifically discusses the onshore
facility and adjustments to the onshore operations that would involve
reactivating approximately 1.1 miles of the existing UTOS pipeline; the
addition of four new onshore compressors totaling 120,000 horsepower of
new compression; activation of associated metering and regulation
facilities; the installation of new supply header pipelines (which
would consist of 0.25 miles of new 42-inch-diameter pipeline to connect
the former UTOS line to the new meter station) and 0.6 miles of new
twin 30-inch-diameter pipelines between Transco Station 44 and the new
compressor station site. The original FERC application consisted of
three new onshore compressors totaling 74,000 horsepower.
    Additional information regarding the details of Delfin LNG's
original and amended application to the FERC is on file and open to
public inspection. Project filings may be viewed on the web at
www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits (i.e., CP15-490) in the docket number
field to access project information. For assistance, please contact
FERC at<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or
TYY,<PHONE_NUMBER>.

Privacy Act

    Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to www.regulations.gov
and will include any personal information you provide. Therefore,
submitting this information to the docket makes it public. You may wish
to read the Privacy and Security Notice, as well as the User Notice,
that is available on the www.regulations.gov Web site and the
Department of Transportation Privacy Act Notice that appeared in the
Federal Register on April 11, 2000 (65 FR 19477), see Privacy Act. You
may view docket submissions in person at the Docket Operations Facility
or electronically on the www.regulations.gov Web site.

    (Authority: 33 U.S.C. 1501, et seq., 49 CFR 1.93(h)).

    Dated: December 18, 2015.

    By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2015-32349 Filed 12-23-15; 8:45 am]
 BILLING CODE 4910-81-P


[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Pages 45750-45753]
[FR Doc No: 2018-19581]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0017]

Qualification of Drivers; Exemption Applications; Vision

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

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

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

SUMMARY: FMCSA announces receipt of applications from 12 individuals
for an exemption from the vision requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions will
enable these individuals to operate CMVs in interstate commerce without
meeting the vision requirement in one eye.

DATES: Comments must be received on or before October 10, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0017 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online 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.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) 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., e.t., 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 online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

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

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-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
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The 12 individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal Meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing standard
red, green, and amber.
    In July 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16,
1992). The current Vision Exemption Program was established in 1998,
following the enactment of amendments to the statutes governing
exemptions made by Sec.  4007 of the Transportation Equity Act for the
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9,
1998). Vision exemptions are considered under the procedures
established in 49 CFR part 381 subpart C, on a case-by-case basis upon
application by CMV drivers who do not meet the vision standards of 49
CFR 391.41(b)(10).
    To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past
three years. Recent driving performance is especially important in
evaluating future safety, according to several research studies
designed to correlate past and future driving performance. Results of
these studies support the principle that the best predictor of future
performance by a driver is his/her past record of crashes and traffic
violations. Copies of the studies may be found at Docket Number FMCSA-
1998-3637.
    FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated the driving
performance of experienced monocular drivers in the program is better
than that of all CMV drivers collectively (See 61 FR 13338, 13345,
March 26, 1996). The fact that experienced monocular drivers
demonstrated safe driving records in the waiver program supports a
conclusion that other monocular drivers, meeting the same qualifying
conditions as those required by the waiver program, are also likely to
have adapted to their vision deficiency and will continue to operate
safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used three consecutive
years of data, comparing the experiences of drivers in the first two
years with their experiences in the final year.

II. Qualifications of Applicants

John A. Edison

    Mr. Edison, 66, has had a macular scar in his left eye since 2001.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
80. Following an examination in 2018, his optometrist stated, ``With
both eyes working together, Mr. Edison has sufficient vision to operate
and drive a commercial vehicle.'' Mr. Edison reported that he has
driven straight trucks for 50 years, accumulating 600,000 miles, and
tractor-trailer combinations for 20 years, accumulating 1.92 million
miles. He holds a Class A CDL from Georgia. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.

Rodney P. Hains

    Mr. Hains, 58, has had a retinal detachment in his left eye since
2003. The visual acuity in his right eye is 20/15, and in his left eye,
no light perception. Following an examination in 2018, his optometrist
stated, ``Based on that history and experience it would appear to me
that he has sufficient visual capability to safely operate a commercial
vehicle.'' Mr. Hains reported that he has driven straight trucks for
five years, accumulating 5,000 miles, and tractor-trailer combinations
for 20 years, accumulating 1.4 million miles. He holds a Class A CDL
from North Dakota. His driving record for the last three years shows no
crashes and no

convictions for moving violations in a CMV.

Darryl D. Kelley

    Mr. Kelley, 46, has had a macular hole in his right eye since
childhood. The visual acuity in his right eye is 20/100, and in his
left eye, 20/25. Following an examination in 2018, his optometrist
stated, ``My medical opinion is that he has sufficient vision to
perform all driving tasks for a commercial vehicle.'' Mr. Kelley
reported that he has driven buses for 23 years, accumulating 1.42
million miles. He holds a Class B CDL from Texas. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.

Thomas J. Knapp

    Mr. Knapp, 58, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/15, and in his left eye, 20/150.
Following an examination in 2018, his optometrist stated, ``It is my
professional opinion that Mr [sic] Knapp has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Knapp reported that he has driven buses for three years,
accumulating 60,000 miles. He holds a Class A CDL from Washington. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Darrell D. Kropf

    Mr. Kropf, 43, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2018, his ophthalmologist stated, ``In
my opinion the patient has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Kropf reported
that he has driven tractor-trailer combinations for 21 years,
accumulating 945,000 miles. He holds a Class A CDL from California. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Nathanael Lee

    Mr. Lee, 22, has had amblyopia in his left eye since childhood. The
visual acuity in his right eye is 20/20, and in his left eye, 20/400.
Following an examination in 2018, his ophthalmologist stated, ``In my
opinion he does have sufficient vision and is well adapted to his
vision in order to operate a commercial vehicle for driving tasks.''
Mr. Lee reported that he has driven straight trucks for two years,
accumulating 9,000 miles, and tractor-trailer combinations for three
years, accumulating 75,000 miles. He holds a Class A CDL from
Minnesota. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.

John G. Mudd

    Mr. Mudd, 53, had his left eye enucleated due to a traumatic
incident in 2015. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2018,
his optometrist stated, ``Mr. Mudd has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Mudd
reported that he has driven straight trucks for five years,
accumulating 50,000 miles, and tractor-trailer combinations for five
years, accumulating 75,000 miles. He holds a Class DA CDL from
Kentucky. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.

Jeffrey Ridenhour

    Mr. Ridenhour, 48, has a macular scar in his right eye due to a
traumatic incident in 1998. The visual acuity in his right eye is 20/
80, and in his left eye, 20/20. Following an examination in 2018, his
optometrist stated, ``In my medical opinion, Mr. Ridenhour has
sufficient enough vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Ridenhour reported that he has
driven tractor-trailer combinations for four years, accumulating 32,000
miles. He holds a Class A CDL from Arkansas. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.

John R. Russ II

    Mr. Russ, 71, has a prosthetic left eye due to a traumatic incident
in 2010. The visual acuity in his right eye is no light perception, and
in his left eye, 20/20. Following an examination in 2018, his
ophthalmologist stated, ``In my opinion, his vision in the left eye is
sufficient to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Russ reported that he has driven straight
trucks for 45 years, accumulating 675,000 miles, and tractor-trailer
combinations for 35 years, accumulating 350,000 miles. He holds a Class
A CDL from North Carolina. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.

Gary A. Ulitsch

    Mr. Ulitsch, 64, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/25, and in his left eye, 20/160.
Following an examination in 2018, his optometrist stated, ``In my
medical opinion, he has vision sufficient [sic] to operate a commercial
vehicle.'' Mr. Ulitsch reported that he has driven straight trucks for
46 years, accumulating 460,000 miles. He holds an operator's license
from Connecticut. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.

Casey O. Wootan

    Mr. Wootan, 48, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/15, and in his left eye, 20/
200. Following an examination in 2018, his optometrist stated, ``In my
medical opinion, Casey Wootan has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Wootan
reported that he has driven straight trucks for 20 years, accumulating
100,000 miles, and tractor-trailer combinations for 15 years,
accumulating 600,000 miles. He holds a Class A CDL from Montana. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

James C. Wright

    Mr. Wright, 42, has a retinal scar in his right eye due to a
traumatic incident in 2008. The visual acuity in his right eye is 20/
200, and in his left eye, 20/20. Following an examination in 2018, his
optometrist stated, ``Mr. Wright's condition is stable and I feel he
should be able to operate a commercial vehicle safely without
correction.'' Mr. Wright reported that he has driven straight trucks
for ten years, accumulating 50,000 miles. He holds a Class B CDL from
Minnesota. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.

III. 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 and material
received before the close of business on the closing date indicated in
the dates section of the notice.

IV. 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-2018-0017 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 materials received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2018-0017 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.

    Issued on: August 30, 2018
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-19581 Filed 9-7-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Notices]
[Pages 55360-55361]
[FR Doc No: 2017-25188]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9970-44-OARM]

National Advisory Council for Environmental Policy and Technology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for Nominations to the National Advisory Council for
Environmental Policy and Technology. * Nomination Deadline: January 3,
2018.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) invites
nominations from a diverse range of qualified candidates representing
the following sectors: Academia; state, local, and tribal governments;
business and industry; and, non-governmental organizations.
    Potential vacancies are anticipated to be filled in April, 2018.
Sources in addition to this Federal Register Notice may be utilized in
the solicitation of nominees.

FOR FURTHER INFORMATION CONTACT: Eugene Green, Designated Federal
Officer, U.S. EPA; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:
    Background: The National Advisory Council for Environmental Policy
and Technology (NACEPT) is a federal advisory committee chartered under
the Federal Advisory Committee Act (FACA), Public Law 92-463. EPA
established NACEPT in 1988 to provide advice to the EPA Administrator
on a broad range of environmental policy, management and technology
issues. Members serve as representatives from academia, industry, non-
governmental organizations, and state, local, and tribal governments.
Members are appointed by the EPA Administrator for two year terms. The
Council usually meets 2-3 times annually face-to-face or via video/
teleconference and the average workload for the members is
approximately 10 to 15 hours per month. Members serve on the Council in
a voluntary capacity. However, EPA provides reimbursement for travel
and incidental expenses associated with official government business.
EPA is seeking nominations from candidates representing all sectors
noted above. Within these sectors, EPA encourages nominees with a
strong background in the following areas to apply: Data management/
monitoring, social science, economic initiatives, public health,
biodiversity, community sustainability, environmental policy/
management, and environmental justice. Nominees will be considered
according to the mandates of the Federal Advisory Committee Act (FACA),
which requires committees to maintain diversity across a broad range of
constituencies, sectors, groups, and geographical locations. EPA values
and embraces diversity. In an effort to obtain nominations of diverse
candidates, EPA welcomes nominations from women and men of all racial
and ethnic groups, as well as persons with disabilities. Please note
that interested candidates may self-nominate.
    The following criteria will be used to evaluate nominees:

--Professional knowledge of environmental policy, management, and
technology related issues.
--Demonstrated ability to assess and analyze environmental challenges
with objectivity and integrity.
--Middle/Senior-level leadership experience that fills a current need
on the Council.
--Excellent interpersonal, oral and written communication skills, and
consensus-building skills.
--Ability to volunteer approximately 10 to 15 hours per month to the
Council's activities, including participation in face-to-face meetings,
video/teleconference meetings and preparation of documents for the
Council's reports and advice letters.

    EPA's policy is that, unless otherwise prescribed by statute,
members generally are appointed to two year terms.
    Prospective candidates interested in being considered for an
appointment to serve on the Council, should submit the following items
to process your nomination package: Nomination packages must include a
brief statement of interest, resume, or curriculum vitae (CV), and a
short biography (no more than two paragraphs) describing your
professional and educational qualifications, including a list of
relevant activities and any current or previous service on advisory
committees. The statement of interest, resume or CV, and short
biography should include the candidate's full name, name and address of
current organization, position title, email address, and daytime
telephone number(s).
    In preparing your statement of interest, please describe how your
background, knowledge, and experience will bring value to the work of
the committee, and how these qualifications would contribute to the
overall diversity of the Council. Also, be sure to describe any
previous involvement with the Agency through employment, grant funding
and/or contracting sources.
    To help the Agency in evaluating the effectiveness of its outreach
efforts, also tell us how you learned of this opportunity in your
statement of interest (cover letter).
    Anyone interested in being considered for nomination is encouraged
to submit a nomination (application) package by the submission deadline
on January 3, 2018. To expedite the process, it is preferable to submit
the nomination package with the required information/documents
electronically (Word/PDF) to [email protected]. Please reference:
``NACEPT 2018 Membership Nomination Package for (insert candidate's
name)'' in the subject heading.

    Dated: October 20, 2017.
Eugene Green,
Designated Federal Officer.
[FR Doc. 2017-25188 Filed 11-20-17; 8:45 am]
 BILLING CODE 6560-50-P