[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62126-62129]
[FR Doc No: 2023-19355]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98277; File No. SR-CBOE-2023-043]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rule 4.3 (Criteria for Underlying Securities) To Accelerate the Listing
of Options on Certain IPOs

September 1, 2023.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 24, 2023, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe Options'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe Exchange, Inc. (the ``Exchange'' or ``Cboe Options'') proposes
to amend Rule 4.3. The text of the proposed rule change is provided
below.
    (additions are italicized; deletions are [bracketed])
* * * * *
Rules of Cboe Exchange, Inc.
* * * * *
Rule 4.3. Criteria for Underlying Securities
    (a)-(b) No change.
Interpretations and Policies
    .01 The [Board of Directors]Exchange has established guidelines to
be considered [by the Exchange in]when evaluating potential underlying
securities for Exchange option transactions. Absent exceptional
circumstances with respect to subparagraphs (a)(1), (a)(2), (b)(1), or
(b)(2) listed below, at the time the Exchange selects an underlying
security for Exchange option transactions, the following guidelines
with respect to the issuer shall be met.
    (a) No change.
    (b) Guidelines applicable to the market for the security are:
    (1) No change.
    (2) (A) If the underlying security is a ``covered security'' as
defined under Section 18(b)(1)(A) of the Securities Act of 1933[,]: (i)
the market price per share of the underlying security has been at least
$3.00 for the previous three consecutive business days preceding the
date on which the Exchange submits a certificate to the OCC for listing
and trading. For purposes of this Interpretation .01(b)(2)(A), the
market price of such underlying security is measured by the closing
price reported in the primary market in which the underlying security
is traded; however, (ii) the requirements set forth in clause (i) will
be waived during the three days following an underlying security's
initial public offering day if the underlying security has a market
capitalization of at least $3 billion based on upon the offering price
of its initial public offering, in which case options on the underlying
security may be listed and traded starting on or after the second
business day following the initial public offering day.
* * * * *
    The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Rule 4.3. The Exchange proposes a
listing rule change that is substantially similar in all material
respects to the proposal approved for NYSE American LLC (``NYSE
American'').\3\ NYSE American filed a proposed rule change,\4\ which
the Securities and Exchange Commission (the ``Commission'') recently
approved, to modify the standard for the listing and trading of options
on ``covered securities'' to reduce the time to market in NYSE American
Rule 915 (Criteria for Underlying Securities). At this time, the
Exchange proposes to adopt a substantively identical rule.
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    \3\ See Securities Exchange Act Release No. 98013 (July 27,
2023) 88 FR 50927 (August 2, 2023) (SR-NYSEAMER-2023-27) (Order
Granting Approval of a Proposed Rule Change to Amend Rule 915
(Criteria for Underlying Securities) to Accelerate the Listing of
Options on Certain IPO).
    \4\ Id.
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Proposal
    Exchange Rule 4.3, Interpretation and Policy .01 sets forth the
guidelines to be considered by the Exchange in evaluating potential
underlying securities that are ``covered securities,'' as defined in
Section 18(b)(1)(A) of the Securities Act of 1933 (hereinafter
``covered security'' or ``covered securities''), for Exchange option
transactions.\5\ Currently, the Exchange permits the listing of an
option on an underlying covered security that, amongst other things,
has a market price of at least $3.00 per share for the previous three
consecutive business days preceding the date on which the Exchange
submits a certificate to The Options Clearing Corporation (``OCC'') to
list and trade options on the underlying security (the ``three-day
lookback period'').\6\ Under the current rule, if an initial public
offering (``IPO'') occurs on a Monday, the earliest date the Exchange
could submit its listing certificate to OCC would be on Thursday, with
the market price determined by the closing price over the three-day
lookback period from Monday through Wednesday. The option on the IPO'd
security would then be eligible for trading on the Exchange on Friday
(i.e., within four business days of the IPO inclusive of the day the
listing certificate is submitted to OCC).
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    \5\ Current Exchange Rule 4.3(a) requires that, for underlying
securities to be eligible for listing and trading on the Exchange,
securities must be duly registered and be an NMS stock (as defined
in Rule 600 of Regulation NMS under the Act) and be characterized by
a substantial number of outstanding shares that are widely held and
actively traded. The Exchange also proposes to replace the term
``Board of Directors'' with Exchange and make conforming
nonsubstantive changes to the introductory paragraph of Rule 4.3,
Interpretation and Policy .01, as it is outdated. The Board of
Directors delegated authority to determine listing criteria to
Exchange management. Exchange management currently determines
guidelines for evaluating potential underlying securities for
Exchange option transactions, as set forth in Rule 4.3(b).
    \6\ See Exchange Rule 4.3, Interpretation and Policy
.01(b)(2)(A). The Exchange is not proposing to make any changes to
the guidelines for listing securities that are not a ``covered
security.'' See Exchange Rule 4.3, Interpretation and Policy
.01(b)(2)(B).
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    The Exchange notes that the three-day look back period helps ensure
that options on underlying securities may be listed and traded in a
timely manner while also allowing time for OCC to accommodate the
certification request. However, there are certain large IPOs that issue
high-priced securities--well above the $3.00 per share threshold--that
would obviate the need for the three-day lookback period. The Exchange
understands from market participants that the proposed changes would
help options on covered securities with a market capitalization of at
least $3 billion based upon the offering prices of their IPOs come to
market earlier. The proposed change, which the Exchange expects will be
harmonized across options exchanges, is designed to provide investors
the opportunity to hedge their interests in IPO investments in a
shorter amount of time than what is currently permitted.\7\ The
Exchange believes that options serve as a valuable tool to the trading
community and help markets function efficiently by mitigating risk. To
that end, the Exchange believes that the absence of options in the
early days after an IPO may heighten volatility in the trading of IPO'd
securities.\8\
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    \7\ While the Exchange acknowledges that market participants may
utilize options for speculative purposes (in addition to as a
hedging tool), the Exchange believes (as set forth below) that its
existing surveillance technologies and procedures adequately address
potential violations of exchange rules and federal securities laws
applicable to trading on the Exchange.
    \8\ See proposed Rule 4.3, Interpretation and Policy
.01(b)(2)(A)(ii).
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    Accordingly, the Exchange proposes to modify Rule 4.3,
Interpretation and Policy .01(b)(2) to waive the three-day lookback
period for covered securities that have a market capitalization of at
least $3 billion based upon the offering price of the IPO of such
securities and to allow options on such securities to be listed and
traded starting on or after the second business day following the
initial public offering day (i.e., not inclusive of the day of the
IPO).\9\ NYSE American noted in its rule change that it reviewed
trading data for IPO'd securities dating back to 2017 and is unaware of
any such security that achieved a market capitalization of $3 billion
based upon the offering price of its IPO that would not have also
qualified for listing options based on the three-day lookback
requirement.\10\ Specifically, NYSE American stated in its rule change
that it determined that 202 of the 1,179 IPOs that took place between
January 1, 2017, and October 21, 2022 met the $3 billion market
capitalization/IPO offering price threshold.\11\ Further, NYSE American
stated that options on all 202 of those IPO shares subsequently
satisfied the three-day lookback requirement for listing and trading,
i.e., none of these large IPOs closed below the $3.00/share threshold
during its first three days of its trading.\12\ As such, the Exchange
believes the proposed capitalization threshold of $3 billion based upon
the offering price of its IPO is appropriate.
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    \9\ The Exchange acknowledges that the Options Listing
Procedures Plan (or ``OLPP'') requires that the listing certificate
be provided to OCC no earlier than 12:01 a.m. and no later than
11:00 a.m. (Chicago time) on the trading day prior to the day on
which trading is to begin. See OLPP, at p. 3., available here:
https://www.theocc.com/getmedia/198bfc93-5d51-443c-9e5b-fd575a0a7d0f/options_listing_procedures_plan.pdf. The OLPP is a
national market system plan that, among other things, sets forth
procedures governing the listing of new options series.
    \10\ See supra note 5.
    \11\ Id.
    \12\ Id.
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    Under the proposed rule, if an IPO for a company with a market
capitalization of $3 billion based upon the offering price of its IPO
occurs on a Monday, the Exchange could submit its listing certificate
to OCC (to list and trade options on the IPO'd security) as soon as all
the other requirements for listing are satisfied. If, on Tuesday, all
requirements are deemed satisfied, options on the IPO'd security could
then be eligible for trading on the Exchange on Wednesday (i.e.,
starting on or after the second business day following the IPO day).
Thus, the proposal could potentially accelerate the listing of options
on IPO'd securities by two days.
    The Exchange believes the proposed change would allow options on
IPO'd securities to come to market sooner without sacrificing investor
protection. The Exchange represents that trading in options on IPO'd
securities--like all other options traded on the Exchange--is subject
to surveillances administered by the Exchange and/or FINRA on

behalf of the Exchange.\13\ Those surveillances are designed to detect
violations of Exchange rules and applicable federal securities laws.
The Exchange represents that those surveillances are adequate to
reasonably monitor Exchange trading of options on IPO'd securities in
all trading sessions and to reasonably deter and detect violations of
Exchange rules and federal securities laws applicable to trading on the
Exchange.\14\ As such, the Exchange believes that its existing
surveillance technologies and procedures, coupled with NYSE American's
findings related to the IPOs reviewed as described herein, adequately
address potential concerns regarding possible manipulation or price
stability.
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    \13\ FINRA currently conducts certain surveillances on behalf of
the Exchange pursuant to a regulatory services agreement. To the
extent that FINRA may conduct any surveillances on behalf of the
Exchange pursuant to the regulatory services agreement (which
surveillances may vary over time), the Exchange is responsible for
FINRA's performance under the regulatory services agreement. The
Exchange is also a party to a bilateral Rule 17d-2 Agreement with
FINRA and various multi-party Rule 17d-2 Agreements with FINRA and
other national securities exchanges that trade options (e.g., Rule
17d-2 Agreements governing options sales practice and options
position limits) and to national market systems plans with the other
national securities exchanges that trade options (e.g., the national
market system plan that governs options insider trading for which
FINRA is the current plan processor).
    \14\ See supra note 9.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\15\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \16\ requirements that the rules of an exchange be
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. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \17\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
    \17\ Id.
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    In particular, the Exchange believes the proposed change would
facilitate options transactions and would remove impediments to and
perfect the mechanism of a free and open market and a national market
system, which would, in turn, protect investors and the public interest
by providing an avenue for options on IPO'd securities to come to
market earlier. The Exchange notes that the three-day look back period
helps ensure that options on underlying securities may be listed and
traded in a timely manner while also allowing time for OCC to
accommodate the certification request. However, there are certain large
IPOs that issue high-priced securities--well above the $3.00 per share
threshold--that would obviate the need for the three-day lookback
period. As noted above, NYSE American noted that it reviewed trading
data for IPO'd securities dating back to 2017 and was unaware of an
IPO'd security with a market capitalization of $3 billion or more
(based upon the offering price of its IPO) that subsequently would have
failed to qualify for listing and trading as options under the three-
day lookback requirement.\18\ The Exchange believes that the proposed
amendment, which the Exchange expects to be harmonized across options
exchanges, would remove impediments to and perfect the mechanism of a
free and open market and a national market system by providing an
avenue for investors to hedge their interest in IPO investments in a
shorter amount of time than what is currently permitted. The Exchange
believes that options serve as a valuable tool to the trading community
and help markets function efficiently by mitigating risk. To that end,
the Exchange believes that the absence of options in the early days
after an IPO may heighten volatility to IPO'd securities.\19\
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    \18\ See supra note 5.
    \19\ See supra note 9.
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    Further, as noted herein, the Exchange believes the proposed change
would allow options on IPO'd securities to come to market sooner
without sacrificing investor protection. The Exchange represents that
trading in options on IPO'd securities--like all other options traded
on the Exchange--is subject to surveillances administered by the
Exchange and/or FINRA on behalf of the Exchange.\20\ Those
surveillances are designed to detect violations of Exchange rules and
applicable federal securities laws. The Exchange represents that those
surveillances are adequate to reasonably monitor Exchange trading of
options on IPO'd securities in all trading sessions and to reasonably
deter and detect violations of Exchange rules and federal securities
laws applicable to trading on the Exchange.\21\ As such, the Exchange
believes that its existing surveillance technologies and procedures,
coupled with NYSE American's findings related to the IPOs reviewed as
described herein, adequately address potential concerns regarding
possible manipulation or price stability.
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    \20\ FINRA currently conducts certain surveillances on behalf of
the Exchange pursuant to a regulatory services agreement. To the
extent that FINRA may conduct any surveillances on behalf of the
Exchange pursuant to the regulatory services agreement (which
surveillances may vary over time), the Exchange is responsible for
FINRA's performance under the regulatory services agreement. The
Exchange is also a party to a bilateral Rule 17d-2 Agreement with
FINRA and various multi-party Rule 17d-2 Agreements with FINRA and
other national securities exchanges that trade options (e.g., Rule
17d-2 Agreements governing options sales practice and options
position limits) and to national market systems plans with the other
national securities exchanges that trade options (e.g., the national
market system plan that governs options insider trading for which
FINRA is the current plan processor).
    \21\ See supra note 9.
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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. The Exchange expects other
options exchanges will adopt substantively similar proposals, such that
there would be no burden on intermarket competition from the Exchange's
proposal. Accordingly, the proposed change is not meant to affect
competition among the options exchanges. For these reasons, the
Exchange believes that the proposed rule change reflects this
competitive environment and does not impose any undue burden on
intermarket competition.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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 \22\ and Rule 19b-4(f)(6)
\23\ thereunder.
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    \22\ 15 U.S.C. 78s(b)(3)(A).
    \23\ 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, along
with a brief description and text of 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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    A proposed rule change filed under Rule 19b-4(f)(6) \24\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\25\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative upon filing. The Exchange requested
the waiver, stating its desire to harmonize its rules to those of NYSE
American to ensure fair competition among the options exchanges.
Further, the proposed change would allow options on IPO'd securities to
come to market sooner (i.e., at least two business days post-IPO not
inclusive of the day of the IPO) without sacrificing investor
protection. For these reasons, and because the proposed rule change
does not raise any novel legal or regulatory issues, the Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest. Therefore, the
Commission hereby waives the 30-day operative delay and designates the
proposal operative upon filing.\26\
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    \24\ 17 CFR 240.19b-4(f)(6).
    \25\ 17 CFR 240.19b-4(f)(6)(iii).
    \26\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend 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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
file number SR-CBOE-2023-043 on the subject line.

Paper Comments

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

All submissions should refer to file number SR-CBOE-2023-043. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (https://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for website viewing and
printing in the Commission's Public Reference Room, 100 F Street NE,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. Do not
include personal identifiable information in submissions; you should
submit only information that you wish to make available publicly. We
may redact in part or withhold entirely from publication submitted
material that is obscene or subject to copyright protection. All
submissions should refer to file number SR-CBOE-2023-043 and should be
submitted on or before September 29, 2023.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
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    \27\ 17 CFR 200.30-3(a)(12).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-19355 Filed 9-7-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Notices]
[Pages 38181-38183]
[FR Doc No: 2018-16617]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0041]

FM Approvals LLC: Grant of Expansion of Recognition and
Modification to the Nationally Recognized Testing Laboratory (NRTL)
Program's List of Appropriate Test Standards

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA announces its final decision to expand
the scope of recognition for FM Approvals, LLC (FM), as a NRTL. In
addition, OSHA announces the addition of four test standards to the
NRTL Program's List of Appropriate Test Standards.

DATES: The expansion of the scope of recognition becomes applicable on
August 3, 2018.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, telephone:<PHONE_NUMBER>, email:
[email protected].
    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor; telephone:
(202) 693-2110 or email: [email protected]. OSHA's web page
includes information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION:

I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of
recognition of FM Approvals, LLC, as a NRTL. FM's expansion covers the
addition of 24 test standards to its scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified by 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition and is not a delegation or grant of government
authority. As a result of recognition, employers may use products
properly approved by the NRTL to meet OSHA standards that require
testing and certification of the products.
    The agency processes applications by a NRTL for initial
recognition, or for expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding and, in the second
notice, the Agency provides its final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. OSHA maintains an informational web page
for each NRTL that details its scope of recognition. These pages are
available from the Agency's website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    FM submitted an application, dated July 15, 2016 (OSHA-2007-0041-
0008) to expand its recognition to include 28 additional test
standards. OSHA staff performed a detailed analysis of the application
packet and reviewed other pertinent information. In reviewing the
application, OSHA determined that three of the requested standards had
been withdrawn by the controlling standards development organization;
therefore, OSHA cannot add those three standards to FM's NRTL scope of
recognition. Additionally, one of the requested standards, ISA 60079-
26, has been superseded by UL 60079-26, which was also included in FM's
expansion application. Accordingly, OSHA will add the active standard,
not the superseded one, and OSHA will grant recognition to 24 standards
in the final expansion. OSHA did not perform any on-site reviews in
relation to this application.
    OSHA published the preliminary notice announcing FM's expansion
application in the Federal Register on May 15, 2018 (83 FR 22523). The
Agency requested comments by May 30, 2018, but it received no comments
in response to this notice. OSHA now is proceeding with this final
notice to grant expansion of FM's scope of recognition.
    To obtain or review copies of all public documents pertaining to
FM's application, go to http://www.regulations.gov or contact the
Docket Office, Occupational Safety and Health Administration, U.S.
Department of Labor, 200 Constitution Avenue NW, Room N-3653,
Washington, DC 20210. Docket No. OSHA-2007-0041 contains all materials
in the record concerning FM's recognition.

II. Final Decision and Order

    OSHA staff examined FM's expansion application, its capability to
meet the requirements of the test standards, and other pertinent
information. Based on its review of this evidence, OSHA finds that FM
meets the requirements of 29 CFR 1910.7 for expansion of its
recognition, subject to the specified limitation and conditions listed
below. OSHA, therefore, is proceeding with this final notice to grant
FM's scope of recognition. OSHA limits the expansion of FM's
recognition to testing and certification of products for demonstration
of conformance to the test standards listed below in Table 1.

 Table 1--List of Appropriate Test Standards for Inclusion in FM's NRTL
                          Scope of Recognition
------------------------------------------------------------------------
      Test standard                     Test standard title
------------------------------------------------------------------------
UL 50....................  Enclosures for Electrical Equipment, Non-
                            Environmental Considerations.
UL 50E...................  Enclosures for Electrical Equipment,
                            Environmental Considerations.
UL 60079-0...............  Explosive Atmospheres--Part 0: Equipment--
                            General Requirements.
ISA 60079-0..............  Explosive Atmospheres--Part 0: Equipment--
                            General Requirements.
UL 60079-1...............  Standard for Explosive Atmospheres--Part 1:
                            Equipment Protection by Flameproof
                            Enclosures ``d''.
ISA 60079-1..............  Standard for Explosive Atmospheres--Part 1:
                            Equipment Protection by Flameproof
                            Enclosures ``d''.
UL 60079-2...............  Standard for Explosive Atmospheres--Part 2:
                            Equipment Protection by Pressurized
                            Enclosure ``p''.
UL 60079-5...............  Standard for Explosive Atmospheres--Part 5:
                            Equipment Protection by Powder Filling
                            ``q''.
UL 60079-6...............  Standard for Explosive Atmosphere--Part 6:
                            Equipment Protection by Liquid Immersion
                            ``o''.
ISA 60079-6..............  Standard for Explosive Atmosphere--Part 6:
                            Equipment Protection by Liquid Immersion
                            ``o''.
UL 60079-7...............  Standard for Explosive Atmospheres--Part 7:
                            Equipment Protection by Increased Safety
                            ``e''.
ISA 60079-7..............  Standard for Explosive Atmospheres--Part 7:
                            Equipment Protection by Increased Safety
                            ``e''.
UL 60079-11..............  Standard for Explosive Atmospheres--Part 11:
                            Equipment Protection by Intrinsic Safety
                            ``i''.
ISA 60079-11.............  Standard for Explosive Atmospheres--Part 11:
                            Equipment Protection by Intrinsic Safety
                            ``i''.
UL 60079-15..............  Standard for Explosive Atmospheres--Part 15:
                            Equipment Protection by Type of Protection
                            ``n''.
ISA 60079-15.............  Standard for Explosive Atmospheres--Part 15:
                            Equipment Protection by Type of Protection
                            ``n'' (Edition 4).
UL 60079-18..............  Standard for Explosive Atmospheres--Part 18:
                            Equipment Protection by Encapsulation ``m''.
UL 60079-25..............  Standard for Explosive Atmospheres--Part 25:
                            Intrinsically Safe Electrical Systems.
ISA 60079-25 *...........  Standard for Explosive Atmospheres--Part 25:
                            Intrinsically Safe Electrical Systems.
UL 60079-26 *............  Standard for Explosive Atmospheres--Part 26:
                            Equipment with Equipment Protection Level
                            (EPL) Ga.
UL 60079-28 *............  Standard for Explosive Atmospheres--Part 28:
                            Protection of Equipment and Transmission
                            Systems Using Optical Radiation.
ISA 60079-28.............  Standard for Explosive Atmospheres--Part 28:
                            Protection of Equipment and Transmission
                            Systems Using Optical Radiation, Edition
                            1.1.
UL 60079-31 *............  Standard for Explosive Atmospheres--Part 31:
                            Equipment Dust Ignition Protection by
                            Enclosure ``t''.
ISA 60079-31.............  Standard for Explosive Atmospheres--Part 31:
                            Equipment Dust Ignition Protection by
                            Enclosure ``t''.
------------------------------------------------------------------------
* Represents a standard that OSHA proposes to add to the NRTL Program's
  List of Appropriate Test Standards.

    In this notice, OSHA also announces the addition of four new test
standards to the NRTL Program's List of Appropriate Test Standards.
Table 2, below, lists the test standards that are new to the NRTL
Program. OSHA has

determined that these test standards are appropriate test standards and
will include them in the NRTL Program's List of Appropriate Test
Standards.

  Table 2--Test Standards OSHA Is Adding to the NRTL Program's List of
                       Appropriate Test Standards
------------------------------------------------------------------------
      Test standard                     Test standard title
------------------------------------------------------------------------
ISA 60079-25.............  Standard for Explosive Atmospheres--Part 25:
                            Intrinsically Safe Electrical Systems.
UL 60079-26..............  Standard for Explosive Atmospheres--Part 26:
                            Equipment with Equipment Protection Level
                            (EPL) Ga.
UL 60079-28..............  Standard for Explosive Atmospheres--Part 28:
                            Protection of Equipment and Transmission
                            Systems Using Optical Radiation.
UL 60079-31..............  Standard for Explosive Atmospheres--Part 31:
                            Equipment Dust Ignition Protection Enclosure
                            ``t''.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials for which OSHA standards require
third-party testing and certification before using them in the
workplace. Consequently, if a test standard also covers any products
for which OSHA does not require such testing and certification, a
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the
test standards listed above as American National Standards. However,
for convenience, the use of the designation of the standards-developing
organization for the standard as opposed to the ANSI designation may
occur. Under the NRTL Program's policy (see OSHA Instruction CPL 1-0.3,
Appendix C, paragraph XIV), any NRTL recognized for a particular test
standard may use either the proprietary version of the test standard or
the ANSI version of that standard. Contact ANSI to determine whether a
test standard is currently ANSI-approved.

A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7,
FM must abide by the following conditions of the recognition:
    1. FM must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in its operations as a NRTL, and provide details of the
change(s);
    2. FM must meet all the terms of its recognition and comply with
all OSHA policies pertaining to this recognition; and
    3. FM must continue to meet the requirements for recognition,
including all previously published conditions on FM's scope of
recognition, in all areas for which it has recognition.
    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the
scope of recognition of FM, subject to the limitation and conditions
specified above.

Authority and Signature

    Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational
Safety and Health, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on July 30, 2018.
Loren Sweatt,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2018-16617 Filed 8-2-18; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Rules and Regulations]
[Pages 64228-64230]
[FR Doc No: 2018-26629]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0809; Product Identifier 2018-NM-092-AD; Amendment
39-19524; AD 2018-25-13]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Model FALCON 2000
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Dassault Aviation Model FALCON 2000 airplanes. This AD was prompted by
a report of chafing of a wire bundle located at the bottom of the right
hand (RH) electrical cabinet. This AD requires a one-time general
visual inspection of the wiring bundle for damage, measurement of the
clearance between the metallic plate and the wiring bundle, and
corrective actions if necessary. We are issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective January 18, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 18,
2019.

ADDRESSES: For service information identified in this final rule,
contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box
2000, South Hackensack, NJ 07606; telephone<PHONE_NUMBER>; internet
http://www.dassaultfalcon.com. You may view this service information at
the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0809.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0809; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Dassault Aviation
Model FALCON 2000 airplanes. The NPRM published in the Federal Register
on October 9, 2018 (83 FR 50537). The NPRM was prompted by a report of
chafing of a wire bundle located at the bottom of the RH electrical
cabinet. The NPRM proposed to require a one-time general visual
inspection of the wiring bundle for damage, measurement of the
clearance between the metallic plate and the wiring bundle, and
corrective actions if necessary.
    We are issuing this AD to address chafing of a wire bundle located
at the bottom of the RH electrical cabinet, which may cause damage to
wires within the bundle, and, if not detected and corrected, could lead
to improper functioning of airplane systems (such as loss of wing anti-
icing or wing anti-icing inoperative indication, loss of normal braking
indication, and loss of ``No take-off'' indication), which could result
in reduced control of the airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0114, dated May 23, 2018, (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Dassault Aviation Model FALCON 2000
airplanes. The MCAI states:

    One Falcon 2000 aeroplane experienced some chafing of a wire
bundle located at the bottom of the right-hand (RH) electrical
cabinet (between Frames 4 and 5). The wire loom interfered with a
metallic (ground) plate of terminal strip 700J and at least 12 wires
were damaged. This wire loom includes 250 wires and in case of
chafing, any wire may be damaged.
    This condition, if not detected and corrected, could lead to
improper functioning of aeroplane systems [such as loss of wing
anti-icing or wing anti-icing inoperative indication, loss of normal
braking indication, and loss of ``No take-off'' indication],
possibly resulting in reduced control of the aeroplane.
    To address this potential unsafe condition, Dassault developed a
modification M3889 to improve the clearance between the metallic
plate and the wire loom, and published the SB [Dassault Aviation
Service Bulletin F2000-436] to inspect and modify aeroplanes in
service.
    For the reasons described above, this [EASA] AD requires a one-
time inspection of the wiring bundle for interference or damage,
measurement of the clearance between the metallic plate and the
wiring bundle, and depending on findings, modification of the
aeroplane by cutting out the lower part of the ground plate of
terminal strip 700J and adding an edge protection to prevent
interference. Aeroplanes that do not have a metallic plate installed
are not affected by this [EASA] AD.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0809.

Comments

    We gave the public the opportunity to participate in developing
this final rule. We have considered the comments received. Lucas Kline
indicated his support for the NPRM.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule as proposed, except for minor editorial changes. We
have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Dassault Aviation has issued Service Bulletin F2000-436, dated
September 28, 2017. This service information describes procedures for a
one-time general visual inspection of the wiring bundle for damage
(including chafing), measurement of the clearance between the metallic
plate and the wiring bundle, and corrective actions. Corrective actions
include modification of the airplane by cutting out the lower part of
the ground plate of terminal strip 700J and adding an edge protection
to prevent interference and replacement of damaged wires. This service
information is reasonably available because the interested parties have
access to it through their normal course

of business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 195 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340...........................              $0             $340          $66,300
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do the necessary on-condition
action that would be required based on the results of any required
actions. We have no way of determining the number of aircraft that
might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                  Parts cost *       product
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170....              $0             $170
------------------------------------------------------------------------
* We have received no definitive data for the parts cost for the on-
  condition actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2018-25-13 Dassault Aviation: Amendment 39-19524; Docket No. FAA-
2018-0809; Product Identifier 2018-NM-092-AD.

(a) Effective Date

    This AD is effective January 18, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 2000
airplanes, certificated in any category, manufacturer serial numbers
70 through 231 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical
power.

(e) Reason

    This AD was prompted by a report of chafing of a wire bundle
located at the bottom of the right hand (RH) electrical cabinet. We
are issuing this AD to address such chafing, which may cause damage
to wires within the bundle, and, if not detected and corrected,
could lead to improper functioning of airplane systems (such as loss
of wing anti-icing or wing anti-icing inoperative indication, loss
of normal braking indication, and loss of ``No take-off''
indication), which could result in reduced control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection

    Within 25 months after the effective date of this AD, for
airplanes equipped with a metallic plate at the bottom of the RH
electrical cabinet, do the following actions as specified in
paragraphs (g)(1) and (g)(2) of this AD.
    (1) Perform a general visual inspection of the wiring bundle for
damage (including chafing), in accordance with the Accomplishment
Instructions of Dassault

Aviation Service Bulletin F2000-436, dated September 28, 2017.
    (2) Measure the clearance between the metallic plate and the
wire bundle at the bottom of the RH electrical cabinet in accordance
with the Accomplishment Instructions of Dassault Aviation Service
Bulletin F2000-436, dated September 28, 2017.

(h) Corrective Action

    (1) If, during the inspection required by paragraph (g)(1) of
this AD, any damage is found, before further flight, replace all
damaged wires using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or the European Aviation
Safety Agency (EASA); or Dassault Aviation's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (2) If, during the measurement required by paragraph (g)(2) of
this AD, the detected clearance is less than the criteria specified
in Dassault Aviation Service Bulletin F2000-436, dated September 28,
2017, before further flight, modify the metallic plate in accordance
with the Accomplishment Instructions of Dassault Aviation Service
Bulletin F2000-436, dated September 28, 2017.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (j)(2) of this AD. Information
may be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Dassault
Aviation's EASA DOA. If approved by the DOA, the approval must
include the DOA-authorized signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0114, dated May 23, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0809.
    (2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Dassault Service Bulletin F2000-436, dated September 28,
2017.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000,
South Hackensack, NJ 07606; telephone<PHONE_NUMBER>; internet http://www.dassaultfalcon.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on November 28, 2018.
James Cashdollar,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-26629 Filed 12-13-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Pages 26719-26722]
[FR Doc No: 2019-11931]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-20560; FMCSA-2006-24783; FMCSA-2006-26653;
FMCSA-2009-0054; FMCSA-2009-0121; FMCSA-2009-0321; FMCSA-2010-0287;
FMCSA-2010-0372; FMCSA-2011-0057; FMCSA-2011-0092; FMCSA-2011-0102;
FMCSA-2012-0161; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA-2012-0338;
FMCSA-2013-0022; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2014-0298;
FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2014-0305;
FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2016-0207; FMCSA-2016-0209;
FMCSA-2016-0213; FMCSA-2016-0377; FMCSA-2017-0014; FMCSA-2017-0017;
FMCSA-2017-0018]

Qualification of Drivers; Exemption Applications; Vision

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

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

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

SUMMARY: FMCSA announces its decision to renew exemptions for 74
individuals from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to continue to
operate CMVs in interstate commerce without meeting the vision
requirements in one eye.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before July 8,
2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2005-20560; FMCSA-2006-24783;
FMCSA-2006-26653; FMCSA-2009-0054; FMCSA-2009-0121; FMCSA-2009-0321;
FMCSA-2010-0287; FMCSA-2010-0372; FMCSA-2011-0057; FMCSA-2011-0092;
FMCSA-2011-0102; FMCSA-2012-0161; FMCSA-2012-0280; FMCSA-2012-0337;
FMCSA-2012-0338; FMCSA-2013-0022; FMCSA-2013-0027; FMCSA-2013-0028;
FMCSA-2014-0298; FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-2014-0304;
FMCSA-2014-0305; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2016-0207;
FMCSA-2016-0209; FMCSA-2016-0213; FMCSA-2016-0377; FMCSA-2017-0014;
FMCSA-2017-0017; FMCSA-2017-0018 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.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this

notice (Docket No. FMCSA-2005-20560; FMCSA-2006-24783; FMCSA-2006-
26653; FMCSA-2009-0054; FMCSA-2009-0121; FMCSA-2009-0321; FMCSA-2010-
0287; FMCSA-2010-0372; FMCSA-2011-0057; FMCSA-2011-0092; FMCSA-2011-
0102; FMCSA-2012-0161; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA-2012-
0338; FMCSA-2013-0022; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2014-
0298; FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2014-
0305; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2016-0207; FMCSA-2016-
0209; FMCSA-2016-0213; FMCSA-2016-0377; FMCSA-2017-0014; FMCSA-2017-
0017; FMCSA-2017-0018), indicate the specific section of this document
to which each comment applies, and provide a reason for each suggestion
or recommendation. You may submit your comments and material online or
by fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so that
FMCSA can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2005-20560; FMCSA-2006-24783; FMCSA-2006-
26653; FMCSA-2009-0054; FMCSA-2009-0121; FMCSA-2009-0321; FMCSA-2010-
0287; FMCSA-2010-0372; FMCSA-2011-0057; FMCSA-2011-0092; FMCSA-2011-
0102; FMCSA-2012-0161; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA-2012-
0338; FMCSA-2013-0022; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2014-
0298; FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2014-
0305; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2016-0207; FMCSA-2016-
0209; FMCSA-2016-0213; FMCSA-2016-0377; FMCSA-2017-0014; FMCSA-2017-
0017; FMCSA-2017-0018, in the keyword box, and click ``Search.'' When
the new screen appears, click on the ``Comment Now!'' button and type
your comment into the text box on the following screen. Choose whether
you are submitting your comment as an individual or on behalf of a
third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2005-20560; FMCSA-2006-24783; FMCSA-
2006-26653; FMCSA-2009-0054; FMCSA-2009-0121; FMCSA-2009-0321; FMCSA-
2010-0287; FMCSA-2010-0372; FMCSA-2011-0057; FMCSA-2011-0092; FMCSA-
2011-0102; FMCSA-2012-0161; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA-
2012-0338; FMCSA-2013-0022; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-
2014-0298; FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-
2014-0305; FMCSA-2015-0049; FMCSA-2015-0052; FMCSA-2016-0207; FMCSA-
2016-0209; FMCSA-2016-0213; FMCSA-2016-0377; FMCSA-2017-0014; FMCSA-
2017-0017; FMCSA-2017-0018, in the keyword box, and click ``Search.''
Next, click the ``Open Docket Folder'' button and choose the document
to review. If you do not have access to the internet, you may view the
docket online by visiting the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays.

C. Privacy Act

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

II. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years if it finds that 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 physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.
    The 74 individuals listed in this notice have requested renewal of
their exemptions from the vision standard in 49 CFR 391.41(b)(10), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable two-year period.

III. Request for Comments

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

IV. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than five years from its approval date and may be renewed upon
application. FMCSA grants exemptions from the vision standard for a
two-year period to align with the maximum duration of a driver's
medical certification. In accordance with 49 U.S.C. 31136(e) and 31315,
each of the 74 applicants has satisfied the renewal conditions for
obtaining an exemption from the vision standard (see 70 FR 17504; 70 FR
30997; 71 FR 32183; 71 FR 41310; 72 FR 8417; 72 FR 27624; 72 FR 36099;
73 FR 36955; 74 FR 11988; 74 FR 19270; 74 FR 21427; 74 FR 26461; 74 FR
26466; 74 FR 34630; 75 FR 1835; 75 FR 9482; 75 FR 36779; 75 FR 69737;
76 FR 1499; 76 FR 7894; 76 FR 18824; 76 FR 20078; 76 FR 21796; 76 FR
25762; 76 FR 25766; 76 FR 29022; 76 FR 29024; 76 FR 37168; 76 FR 37173;
76 FR 37885; 76 FR 44082; 77 FR 40945; 77 FR 41879; 77 FR 52391; 77 FR
64839;

77 FR 70534; 77 FR 74731; 77 FR 74733; 77 FR 75494; 78 FR 9772; 78 FR
12811; 78 FR 12813; 78 FR 12815; 78 FR 16762; 78 FR 22596; 78 FR 22602;
78 FR 24798; 78 FR 26106; 78 FR 27281; 78 FR 37270; 78 FR 41188; 78 FR
46407; 78 FR 51268; 78 FR 51269; 78 FR 57679; 79 FR 24298; 79 FR 65760;
79 FR 69985; 79 FR 72756; 79 FR 73393; 80 FR 3308; 80 FR 3723; 80 FR
6162; 80 FR 8927; 80 FR 9304; 80 FR 12248; 80 FR 14220; 80 FR 14223; 80
FR 15863; 80 FR 16502; 80 FR 20558; 80 FR 20562; 80 FR 22773; 80 FR
25766; 80 FR 26320; 80 FR 29152; 80 FR 31636; 80 FR 31640; 80 FR 31957;
80 FR 33007; 80 FR 33011; 80 FR 35699; 80 FR 36395; 80 FR 36398; 80 FR
45573; 80 FR 48404; 80 FR 48413; 81 FR 70248; 81 FR 70251; 81 FR 90046;
81 FR 96165; 81 FR 96178; 81 FR 96180; 82 FR 13045; 82 FR 13048; 82 FR
13187; 82 FR 15277; 82 FR 17736; 82 FR 18949; 82 FR 18956; 82 FR 20962;
82 FR 23712; 82 FR 24430; 82 FR 26224; 82 FR 33542; 82 FR 35050; 82 FR
37499). They have submitted evidence showing that the vision in the
better eye continues to meet the requirement specified at 49 CFR
391.41(b)(10) and that the vision impairment is stable. In addition, a
review of each record of safety while driving with the respective
vision deficiencies over the past two years indicates each applicant
continues to meet the vision exemption requirements. These factors
provide an adequate basis for predicting each driver's ability to
continue to drive safely in interstate commerce. Therefore, FMCSA
concludes that extending the exemption for each renewal applicant for a
period of two years is likely to achieve a level of safety equal to
that existing without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of July and
are discussed below. As of July 2, 2019, and in accordance with 49
U.S.C. 31136(e) and 31315, the following 42 individuals have satisfied
the renewal conditions for obtaining an exemption from the vision
requirement in the FMCSRs for interstate CMV drivers (70 FR 17504; 70
FR 30997; 71 FR 32183; 71 FR 41310; 72 FR 8417; 72 FR 27624; 72 FR
36099; 73 FR 36955; 74 FR 11988; 74 FR 19270; 74 FR 21427; 74 FR 26466;
75 FR 1835; 75 FR 9482; 75 FR 36779; 75 FR 69737; 76 FR 1499; 76 FR
7894; 76 FR 18824; 76 FR 20078; 76 FR 21796; 76 FR 25762; 76 FR 25766;
76 FR 29024; 76 FR 37173; 76 FR 37885; 77 FR 40945; 77 FR 41879; 77 FR
52391; 77 FR 64839; 77 FR 70534; 77 FR 74731; 77 FR 74733; 77 FR 75494;
78 FR 9772; 78 FR 12811; 78 FR 12813; 78 FR 12815; 78 FR 16762; 78 FR
22596; 78 FR 22602; 78 FR 26106; 78 FR 37270; 78 FR 57679; 79 FR 24298;
79 FR 65760; 79 FR 69985; 79 FR 72756; 79 FR 73393; 80 FR 3308; 80 FR
3723; 80 FR 6162; 80 FR 8927; 80 FR 9304; 80 FR 12248; 80 FR 14220; 80
FR 14223; 80 FR 15863; 80 FR 16502; 80 FR 20558; 80 FR 20562; 80 FR
22773; 80 FR 25766; 80 FR 26320; 80 FR 29152; 80 FR 31640; 80 FR 31957;
80 FR 33011; 80 FR 45573; 81 FR 70248; 81 FR 70251; 81 FR 90046; 81 FR
96165; 81 FR 96178; 81 FR 96180; 82 FR 13045; 82 FR 13048; 82 FR 13187;
82 FR 15277; 82 FR 17736; 82 FR 18949; 82 FR 18956; 82 FR 20962; 82 FR
23712; 82 FR 24430; 82 FR 26224; 82 FR 33542; 82 FR 35050; 82 FR
37499):

Luis A. Bejarano (AZ)
Robert W. Blankenship (CA)
Michael R. Bradford (MD)
Ronald G. Bradley (IN)
Justin C. Bruchman (WI)
Douglas S. Dalling (GA)
James M. Demgard (NJ)
Brandon G. Dills (NC)
David L. Ellis (OK)
Larry E. Emanuel (FL)
Michael K. Engemann (MO)
Denise M. Engle (GA)
Kenneth E. Flack, Jr. (AL)
Andrew G. Fornsel (NY)
Anthony A. Gibson (IL)
Robert A. Goerl, Jr. (PA)
Timothy M. Good (MI)
Jeffrey J. Graham (MI)
Wade M. Hillmer (MN)
Michael W. Jensen (CA)
Robert N. Lewis (OH)
Scottie W. Lewis (GA)
Michael J. McGregan (FL)
Anthony R. Miles (NV)
Kenneth H. Morris (NC)
Richard N. Moyer, Jr. (PA)
Al V. Nowviock (IL)
Jerry D. Paul (OK)
George J. Paxson (DE)
John P. Perez (FL)
Garry W. Perkins (NH)
Raymond W. Pitts (FL)
Reginald I. Powell (IL)
John J. Pribanic (TX)
Jason R. Raml (SD)
Charles M. Reese (UT)
Kevin L. Riddle (FL)
Wilbur Robinson (NJ)
Charles H. Smith (IN)
Joseph Stenberg (MT)
Christopher A. Stewart (GA)
James K. Waites (AR)

    The drivers were included in docket numbers FMCSA-2005-20560;
FMCSA-2006-24783; FMCSA-2006-26653; FMCSA-2009-0054; FMCSA-2009-0321;
FMCSA-2010-0287; FMCSA-2010-0372; FMCSA-2011-0057; FMCSA-2011-0092;
FMCSA-2012-0161; FMCSA-2012-0280; FMCSA-2012-0337; FMCSA-2012-0338;
FMCSA-2013-0022; FMCSA-2014-0298; FMCSA-2014-0301; FMCSA-2014-0302;
FMCSA-2014-0304; FMCSA-2014-0305; FMCSA-2016-0207; FMCSA-2016-0209;
FMCSA-2016-0213; FMCSA-2016-0377; FMCSA-2017-0014; FMCSA-2017-0017;
FMCSA-2017-0018. Their exemptions are applicable as of July 2, 2019,
and will expire on July 2, 2021.
    As of July 7, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (80 FR 31636; 80 FR 48413; 82 FR
33542):

Thomas E. Groves (WV); Stephen T. Hines (NJ); and Herbert S. Lear (PA)

    The drivers were included in docket number FMCSA-2015-0049. Their
exemptions are applicable as of July 7, 2019, and will expire on July
7, 2021.
    As of July 9, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (78 FR 27281; 78 FR 41188; 80 FR
33007; 82 FR 33542):

Brian G. Dvorak (IL)
Charles T. Spears (VA)
Gregory J. Thurston (PA)
Donald Torbett (IA)

    The drivers were included in docket number FMCSA-2013-0028. Their
exemptions are applicable as of July 9, 2019, and will expire on July
9, 2021.
    As of July 16, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (74 FR 26461; 74 FR 34630; 76 FR
37168; 78 FR 51269; 82 FR 33542):

Steven L. Forristall (WI)
Rocky D. Gysberg (MN)
Charles H. Lefew (VA)
Joseph B. Peacock (NC)

    The drivers were included in docket number FMCSA-2009-0121. Their
exemptions are applicable as of July 16, 2019, and will expire on July
16, 2021.
    As of July 22, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following eight individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (76 FR 29022; 76 FR 44082; 78 FR
51268; 80 FR 36398; 82 FR 33542):

Stanley C. Anders (SD)
Joel A. Cabrera (FL)

Sherman W. Clapper (ID)
Ronald R. Fournier (NY)
Ronald D. Jackman II (NV)
Thomas W. Kent (IN)
Robert J. MacInnis (MA)
Larry D. Warneke (WA)

    The drivers were included in docket number FMCSA-2011-0102. Their
exemptions are applicable as of July 22, 2019, and will expire on July
22, 2021.
    As of July 23, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following ten individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (80 FR 35699; 80 FR 48404; 82 FR
33542):

Garry D. Burkholder (PA)
Wladyslaw Gogola (IL)
Antonio Gomez (PA)
Acquillious Jackson III (SC)
Jimmy D. Johnson II (TN)
Bradley J. Kearl (UT)
Mark A. Pleskovitch (IL)
Edward J. Puto (CT)
Kyle B. Sharp (MI)
Francis A. St. Pierre (NH)

    The drivers were included in docket number FMCSA-2015-0052. Their
exemptions are applicable as of July 23, 2019, and will expire on July
23, 2021.
    As of July 31, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (78 FR 24798; 78 FR 46407; 80 FR
36395; 82 FR 33542):
    Frank L. O'Rourke (NY); Larry F. Reber (OH); and Edward Swaggerty,
Jr. (OH) The drivers were included in docket number FMCSA-2013-0027.
Their exemptions are applicable as of July 31, 2019, and will expire on
July 31, 2021.

V. Conditions and Requirements

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

VI. Preemption

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

VI. Conclusion

    Based upon its evaluation of the 74 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the vision
requirement in 49 CFR 391.41(b)(10), subject to the requirements cited
above. In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for two years unless revoked earlier by FMCSA.

    Issued on: May 29, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-11931 Filed 6-6-19; 8:45 am]
 BILLING CODE 4910-EX-P