[Federal Register Volume 87, Number 197 (Thursday, October 13, 2022)]
[Rules and Regulations]
[Pages 61968-61970]
[FR Doc No: 2022-22157]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31450; Amdt. No. 4028]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective October 13, 2022. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 13, 2022.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Information Services, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA).
    For information on the availability of this material at NARA, email
[email protected] or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73169. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends 14 CFR part 97 by amending
the referenced SIAPs. The complete regulatory description of each SIAP
is listed on the appropriate FAA Form 8260, as modified by the National
Flight Data Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is
incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14
CFR 97.20. The large number of SIAPs, their complex nature, and the
need for a special format make their verbatim publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, but refer to their graphic depiction
on charts printed by publishers of aeronautical materials. Thus, the
advantages of incorporation by reference are realized and publication
of the complete description of each SIAP contained on FAA form
documents is unnecessary. This amendment provides the affected CFR
sections, and specifies the SIAPs and Takeoff Minimums and ODPs with
their applicable effective dates. This amendment also identifies the
airport and its location, the procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for Part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on criteria
contained in the U.S. Standard for Terminal Instrument Procedures
(TERPS). In developing these changes to SIAPs and Takeoff Minimums and
ODPs, the TERPS criteria were applied only to specific conditions
existing at the affected airports. All SIAP

amendments in this rule have been previously issued by the FAA in a FDC
NOTAM as an emergency action of immediate flight safety relating
directly to published aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on September 16, 2022.
Thomas J Nichols,
Aviation Safety, Flight Standards Service, Manager, Standards Section,
Flight Procedures & Airspace Group, Flight Technologies & Procedures
Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, 14 CFR part
97 is amended by amending Standard Instrument Approach Procedures and
Takeoff Minimums and ODPs, effective at 0901 UTC on the dates
specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114,
40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:
    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

* * * Effective Upon Publication

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      AIRAC date           State              City                 Airport          FDC No.      FDC date                      Subject
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3-Nov-22.............  GA             Milledgeville.......  Baldwin County Rgnl.       2/0173      8/15/22  RNAV (GPS) RWY 28, Amdt 2A.
3-Nov-22.............  UT             Nephi...............  Nephi Muni..........       2/0990       9/8/22  RNAV (GPS) RWY 17, Orig-B.
3-Nov-22.............  UT             Nephi...............  Nephi Muni..........       2/0992       9/8/22  RNAV (GPS) RWY 35, Orig-C.
3-Nov-22.............  MN             Minneapolis.........  Anoka County-Blaine        2/2222       8/3/22  VOR RWY 9, Amdt 12D.
                                                             (Janes Fld).
3-Nov-22.............  MN             Minneapolis.........  Anoka County-Blaine        2/2223       8/3/22  RNAV (GPS) RWY 9, Amdt 1.
                                                             (Janes Fld).
3-Nov-22.............  MN             Minneapolis.........  Anoka County-Blaine        2/2224       8/3/22  RNAV (GPS) RWY 18, Orig-F.
                                                             (Janes Fld).
3-Nov-22.............  PA             Philadelphia........  Philadelphia Intl...       2/2363      8/30/22  RNAV (GPS) RWY 17, Amdt 3C.
3-Nov-22.............  PA             Philadelphia........  Philadelphia Intl...       2/2364      8/30/22  RNAV (RNP) Z RWY 9R, Orig-D.
3-Nov-22.............  VA             Norfolk.............  Norfolk Intl........       2/2477      8/18/22  ILS OR LOC RWY 5, Amdt 26E.
3-Nov-22.............  NE             Harvard.............  Harvard State.......       2/2814       9/8/22  Takeoff Minimums and Obstacle DP, Orig.
3-Nov-22.............  MI             Ludington...........  Mason County........       2/3205      8/25/22  RNAV (GPS) RWY 8, Orig-E.
3-Nov-22.............  NH             Laconia.............  Laconia Muni........       2/3863       8/3/22  ILS OR LOC RWY 8, Amdt 2.
3-Nov-22.............  NH             Laconia.............  Laconia Muni........       2/3866       8/3/22  RNAV (GPS) RWY 8, Orig-C.
3-Nov-22.............  NC             Wadesboro...........  Anson County/Jeff          2/3942       8/5/22  ILS OR LOC RWY 34, Orig-C.
                                                             Cloud Fld.
3-Nov-22.............  NC             Wadesboro...........  Anson County/Jeff          2/3943       8/5/22  RNAV (GPS) RWY 34, Amdt 2C.
                                                             Cloud Fld.
3-Nov-22.............  TX             Stamford............  Arledge Fld.........       2/4031       9/9/22  RNAV (GPS) RWY 17, Orig-B.
3-Nov-22.............  PA             Pittsburgh..........  Allegheny County....       2/4945       9/9/22  RNAV (GPS) RWY 28, Amdt 3A.
3-Nov-22.............  PA             Pittsburgh..........  Allegheny County....       2/4947       9/9/22  ILS OR LOC RWY 28, Amdt 29C.
3-Nov-22.............  PA             Pittsburgh..........  Allegheny County....       2/4948       9/9/22  ILS OR LOC RWY 10, Amdt 7.
3-Nov-22.............  PA             Pittsburgh..........  Allegheny County....       2/4949       9/9/22  RNAV (GPS) RWY 10, Amdt 4D.
3-Nov-22.............  TN             Knoxville...........  Mc Ghee Tyson.......       2/5180      6/14/22  RNAV (GPS) RWY 5R, Amdt 2.
3-Nov-22.............  KS             Ulysses.............  Ulysses.............       2/5414       9/1/22  RNAV (GPS) RWY 30, Amdt 1A.
3-Nov-22.............  ND             Watford City........  Watford City Muni...       2/6165      8/26/22  RNAV (GPS) RWY 30, Amdt 1.
3-Nov-22.............  MI             Ludington...........  Mason County........       2/6179      8/25/22  RNAV (GPS) RWY 26, Orig-C.
3-Nov-22.............  TX             Nacogdoches.........  Nacogdoches A L            2/6206      8/30/22  ILS OR LOC RWY 36, Amdt 3F.
                                                             Mangham Jr Rgnl.
3-Nov-22.............  TX             Nacogdoches.........  Nacogdoches A L            2/6207      8/30/22  RNAV (GPS) RWY 18, Orig-B.
                                                             Mangham Jr Rgnl.
3-Nov-22.............  TX             Nacogdoches.........  Nacogdoches A L            2/6208      8/30/22  RNAV (GPS) RWY 36, Orig-C.
                                                             Mangham Jr Rgnl.
3-Nov-22.............  CO             Grand Junction......  Grand Junction Rgnl.       2/6383       9/9/22  RNAV (RNP) Z RWY 11, Orig-B.
3-Nov-22.............  PA             Altoona.............  Altoona/Blair County       2/6484      8/10/22  RNAV (GPS) Y RWY 3, Amdt 1B.
3-Nov-22.............  ND             Grafton.............  Hutson Fld..........       2/6788      8/26/22  RNAV (GPS) RWY 35, Orig.
3-Nov-22.............  ND             Grafton.............  Hutson Fld..........       2/6790      8/26/22  RNAV (GPS) RWY 17, Orig.

3-Nov-22.............  MI             Ray.................  Ray Community.......       2/7000      6/23/22  Takeoff Minimums and Obstacle DP, Orig-A.
3-Nov-22.............  ME             Bethel..............  Bethel Rgnl.........       2/7229      6/14/22  RNAV (GPS) Y RWY 32, Orig.
3-Nov-22.............  OH             Urbana..............  Grimes Fld..........       2/7307      8/18/22  Takeoff Minimums and Obstacle DP, Amdt 1.
3-Nov-22.............  MI             Charlotte...........  Fitch H Beach.......       2/7356      8/30/22  RNAV (GPS) RWY 21, Amdt 1A.
3-Nov-22.............  NJ             Old Bridge..........  Old Bridge..........       2/7654      8/30/22  RNAV (GPS) RWY 24, Orig-B.
3-Nov-22.............  CA             Santa Barbara.......  Santa Barbara Muni..       2/7658       9/2/22  ILS OR LOC RWY 7, Amdt 5C.
3-Nov-22.............  CA             Santa Barbara.......  Santa Barbara Muni..       2/7659       9/2/22  RNAV (GPS) RWY 7, Orig-C.
3-Nov-22.............  CA             Santa Barbara.......  Santa Barbara Muni..       2/7660       9/2/22  VOR OR GPS RWY 25, Amdt 6D.
3-Nov-22.............  IL             Peoria..............  General Downing--          2/8235       9/9/22  ILS OR LOC RWY 31, Amdt 7D.
                                                             Peoria Intl.
3-Nov-22.............  IL             Peoria..............  General Downing--          2/8237       9/9/22  RNAV (GPS) RWY 31, Amdt 1C.
                                                             Peoria Intl.
3-Nov-22.............  IL             Peoria..............  General Downing--          2/8239       9/9/22  RNAV (GPS) RWY 13, Amdt 1B.
                                                             Peoria Intl.
3-Nov-22.............  AZ             Tucson..............  Ryan Fld............       2/8455      7/22/22  RNAV (GPS) RWY 6R, Orig.
3-Nov-22.............  NC             Sylva...............  Jackson County......       2/8456      7/21/22  Takeoff Minimums and Obstacle DP, Orig.
3-Nov-22.............  CA             Fallbrook...........  Fallbrook Community        2/8487      8/30/22  GPS RWY 18, Orig.
                                                             Airpark.
3-Nov-22.............  MO             St Louis............  Spirit Of St Louis..       2/8911      8/31/22  ILS OR LOC RWY 26L, Orig-D.
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[FR Doc. 2022-22157 Filed 10-12-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 26 (Monday, February 9, 2015)]
[Notices]
[Pages 7050-7052]
[FR Doc No: 2015-02512]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74199; File No. SR-NYSEArca-2014-107]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Instituting
Proceedings To Determine Whether To Approve or Disapprove Proposed Rule
Change, as Modified by Amendment No. 1 Thereto, To Reflect Changes to
the Means of Achieving the Investment Objective Applicable to the
Guggenheim Enhanced Short Duration ETF

February 3, 2015.
    On October 21, 2014, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to reflect certain
changes to the description of the Guggenheim Enhanced Short Duration
ETF (``Fund''), a series of Claymore Exchange-Traded Fund Trust
(``Trust''). On October 29, 2014, the Exchange filed Amendment No. 1 to
the proposed rule change. The proposed rule change was published for
comment in the Federal Register on November 7, 2014.\3\ The Commission
received one comment on the proposal.\4\ On December 10, 2014, the
Commission designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to disapprove the proposed rule
change.\5\ This Order institutes proceedings under Section 19(b)(2)(B)
of the Act \6\ to determine whether to approve or disapprove the
proposed rule change, as modified by Amendment No. 1 thereto.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 73512 (Nov. 3,
2014), 79 FR 66442 (``Notice'').
    \4\ All comments on the proposed rule change, including
Amendment No. 1, are available on the Commission's Web site at:
http://www.sec.gov/comments/sr-nysearca-2014-107/nysearca2014107.shtml.
    \5\ See Securities Exchange Act Release No. 73810, 79 FR 74783
(Dec. 16, 2014). The Commission determined that it was appropriate
to designate a longer period within which to take action on the
proposed rule change so that it has sufficient time to consider the
proposed rule change. Accordingly, the Commission designated
February 5, 2015 as the date by which it should approve, disapprove,
or institute proceedings to determine whether to disapprove the
proposed rule change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
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I. Description of the Proposal

    The Exchange proposes to reflect a change, as described below, to
the

description of the measures that Guggenheim Funds Investment Advisors,
LLC (``Adviser'') may use to implement the Fund's investment objective,
which is to seek maximum current income, consistent with preservation
of capital and daily liquidity.\7\ The shares of the Fund (``Shares'')
are currently listed and traded on the Exchange under NYSE Arca
Equities Rule 8.600,\8\ which governs the listing and trading of
Managed Fund Shares. The Shares are offered by the Trust, a statutory
trust organized under the laws of the State of Delaware and registered
with the Commission as an open-end management investment company.\9\
The Exchange represents that the Fund and the Shares are currently in
compliance with the listing standards and other rules of the Exchange
and the requirements set forth in the Prior Release.
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    \7\ According to the Prior Release (defined below), the Fund
uses a low duration strategy to seek to outperform the 1-3 month
Treasury Bill Index, in addition to providing returns in excess of
those available in U.S. Treasury bills, government repurchase
agreements, and money market funds, while providing preservation of
capital and daily liquidity. The Prior Release states that the Fund
would hold under normal circumstances a diversified portfolio of
fixed income instruments of varying maturities, but that have an
average duration of less than 1 year.
    \8\ See Securities Exchange Act Release No. 64550 (May 26,
2011), 76 FR 32005 (June 2, 2011) (SR-NYSEArca-2011-11) (order
approving listing and trading on the Exchange of the Guggenheim
Enhanced Core Bond ETF and Guggenheim Enhanced Ultra-Short Bond ETF)
(``Prior Order''). See also Securities Exchange Act Release No.
64224 (Apr. 7, 2011), 76 FR 20401 (Apr. 12, 2011) (SR-NYSEArca-2011-
11) (``Prior Notice,'' and together with the Prior Order,
collectively ``Prior Release'').
    \9\ The Trust is registered under the Investment Company Act of
1940 (``1940 Act''). On September 27, 2013, the Trust filed with the
Commission an amendment to its registration statement on Form N-1A
under the Securities Act of 1933 (``Securities Act'') and the 1940
Act relating to the Fund (File Nos. 333-134551 and 811-21906)
(``Registration Statement''). In addition, according to the
Exchange, the Trust has obtained certain exemptive relief under
the1940 Act. See Investment Company Act Release No. 29271, May 18,
2010 (File No. 812-13534).
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    Specifically, the proposal seeks to reflect a change to the Fund's
limitation on investments in certain asset-backed securities
(``ABS'').\10\ According to the Prior Release, the Fund may invest up
to 10% of its assets in mortgage-backed securities (``MBS'') or in
other ABS.\11\ This 10% limitation does not apply to securities issued
or guaranteed by federal agencies or U.S. government sponsored
instrumentalities, such as the Government National Mortgage
Administration (``GNMA''), the Federal Housing Administration
(``FHA''), the Federal National Mortgage Association (``FNMA''), and
the Federal Home Loan Mortgage Corporation (``FHLMC''). Under the
proposal, the Fund would be permitted to invest up to 50% of its assets
in ABS that are not mortgage-related.\12\ This 50% limitation would not
apply to securities issued or guaranteed by federal agencies or U.S.
government sponsored instrumentalities, such as GNMA, FHA, FNMA, and
FHLMC. The Fund would continue to be subject to a 10% limit on
investments in MBS that are not issued or guaranteed by federal
agencies or U.S. government sponsored instrumentalities. In addition,
the Fund's holdings in MBS and ABS would be subject to the respective
limitations on the Fund's investments in illiquid assets (as described
below) and high yield securities.\13\
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    \10\ Under the proposal, the Exchange seeks to reflect certain
other conforming or clarifying changes to the description of the
measures that the Adviser will utilize to implement the Fund's
investment objective. These other proposed changes can be found in
more detail in the Notice. See supra note 3.
    \11\ As stated in the Prior Release, the Fund may invest in MBS
or other ABS issued or guaranteed by private issuers. The MBS in
which the Fund may invest may also include residential MBS,
collateralized mortgage obligations, and commercial MBS. In
addition, the ABS in which the Fund may invest include
collateralized debt obligations.
    \12\ Specifically, the Exchange notes that such ABS are bonds
backed by pools of loans or other receivables and are securitized by
a wide variety of assets that are generally broken into three
categories: Consumer, commercial, and corporate. The consumer
category includes credit card, auto loan, student loan, and
timeshare loan ABS. The commercial category includes trade
receivables, equipment leases, oil receivables, film receivables,
rental cars, aircraft securitizations, ship and container
securitizations, whole business securitizations, and diversified
payment right securitizations. Corporate ABS include cash flow
collateralized loan obligations, collateralized by both middle
market and broadly syndicated bank loans. ABS are issued through
special purpose vehicles that are bankruptcy remote from the issuer
of the collateral. The credit quality of an ABS tranche depends on
the performance of the underlying assets and the structure. To
protect ABS investors from the possibility that some borrowers could
miss payments or even default on their loans, ABS include various
forms of credit enhancement.
    \13\ According to the Prior Release, the Fund may invest no more
than 10% of its net assets in high yield securities, which are debt
securities that are rated below investment grade by nationally
recognized statistical rating organizations, or are unrated
securities that the Adviser believes are of comparable quality.
---------------------------------------------------------------------------

    The Exchange states that this change to the Fund's investment
limitations would allow the Adviser to better achieve the Fund's
investment objective to seek maximum current income, consistent with
preservation of capital and daily liquidity. In addition, according to
the Exchange, the Fund's increased investment in ABS that are not
mortgage-related would continue to adhere to the Fund's investment
strategy of investing in short duration fixed income securities.\14\
The Exchange asserts that, due to the quality of ABS in which the Fund
will invest, the Adviser does not expect that the Fund's additional
investments in ABS that are not mortgage-related will expose the Fund
to additional liquidity risk.
---------------------------------------------------------------------------

    \14\ The Fund will target floating rate, shorter maturity,
shorter spread duration and other amortizing securities. These
securities' maturity and spread duration are consistent with the
Fund's investment objective.
---------------------------------------------------------------------------

    The Exchange states that there is no change to the Fund's
investment objective and represents that the Fund will continue to
comply with all initial and continued listing requirements under NYSE
Arca Equities Rule 8.600. In addition, the Exchange represents that,
other than the proposed change described above and in the Notice, all
other facts presented and representations made in the Prior Release
remain unchanged.

II. Proceedings To Determine Whether To Approve or Disapprove SR-
NYSEArca-2014-107 and Grounds for Disapproval Under Consideration

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

    \15\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\16\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of the proposed rule change's consistency with Section 6(b)(5)
of the Act, which requires, among other things, that the rules of a
national securities exchange be ``designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade,'' and ``to protect investors and the public
interest.'' \17\
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    \16\ Id.
    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

III. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written

submissions of their views, data, and arguments with respect to the
proposal summarized above and information described in the Notice,\18\
as well as any other concerns they may have with the proposal. In
particular, the Commission invites the written views of interested
persons concerning whether the proposal is consistent with Section
6(b)(5) or any other provision of the Act, or the rules and regulations
thereunder. Although there do not appear to be any issues relevant to
approval or disapproval that would be facilitated by an oral
presentation of views, data, and arguments, the Commission will
consider, pursuant to Rule 19b-4, any request for an opportunity to
make an oral presentation.\19\
---------------------------------------------------------------------------

    \18\ See supra note 3.
    \19\ Section 19(b)(2) of the Act, as amended by the Securities
Act Amendments of 1975, Public Law 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposal should be approved or
disapproved by March 2, 2015. Any person who wishes to file a rebuttal
to any other person's submission must file that rebuttal by March 16,
2015.
    The Commission asks that commenters address the sufficiency and
merit of the Exchange's and commenter's statements in support of the
proposal, in addition to any other comments they may wish to submit
about the proposed rule change. In particular, the Commission seeks
comment on the following:
    1. Does the Notice contain sufficient information about the Fund's
proposed investments in ABS for commenters to evaluate the liquidity
and transparency of the underlying markets for those ABS?
    2. What are commenters' views on the liquidity of the Fund's
proposed holdings in ABS? What are commenters' views on pricing
transparency in the market for these ABS? Does the pricing transparency
vary for investors, market makers, and other market participants? If
so, how and why?
    3. The Exchange states that, because the preponderance of the
Fund's investments in ABS will be in investment-grade instruments,
``the Adviser does not expect that the proposed additional investments
in ABS that are not mortgage-related will expose the Fund to additional
liquidity risk.'' Do commenters agree? Why or why not?
    4. Do commenters believe that the proposal to increase the Fund's
holdings in ABS would have any effect on the arbitrage mechanism with
respect to the Fund? If so, what effect and why? If not, why not? Do
commenters believe that the proposed change in the Fund's investments
would have any effect on market pricing of the Fund relative to its net
asset value? Why or why not?
    5. What are commenters' views on whether the Fund's proposal to
increase its ABS holdings would affect the ability of market makers to
make markets in the Shares of the Fund?
    Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2014-107 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 Numbers SR-NYSEArca-2014-107. 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 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of these filings 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 available publicly. All
submissions should refer to File Number SR-NYSEArca-2014-107 and should
be submitted on or before March 2, 2015. Rebuttal comments should be
submitted by March 16, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-02512 Filed 2-6-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Rules and Regulations]
[Pages 21058-21060]
[FR Doc No: 2013-07542]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 510, 520, 522, 524, 526, 529, and 558

[Docket No. FDA-2013-N-0002]

New Animal Drugs; Change of Sponsor

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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

SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect a change of sponsor for 43 approved new
animal drug applications (NADAs) and 3 approved abbreviated new animal
drug applications (ANADAs) from Boehringer Ingelheim Vetmedica, Inc. to
Strategic Veterinary Pharmaceuticals, Inc.

DATES: This rule is effective April 9, 2013.

FOR FURTHER INFORMATION CONTACT: Steven D. Vaughn, Center for
Veterinary Medicine (HFV-100), Food and Drug Administration, 7520
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Boehringer Ingelheim Vetmedica, Inc., 2621
North Belt Highway, St. Joseph, MO 64506-2002 has informed FDA that it
has transferred ownership of, and all rights and interest in, the
following 43 approved NADAs and 3 approved ANADAs to Strategic
Veterinary Pharmaceuticals, Inc., 100 NW. Airport Rd., St. Joseph, MO
64503:

                   Table 1.--Applications Transferred
------------------------------------------------------------------------
         Application No.                         Trade name
------------------------------------------------------------------------
11-531...........................  DIZAN (dithiazanine iodide) Tablets.
11-674...........................  DIZAN (dithiazanine iodide) Powder.
12-469...........................  DIZAN Suspension With Piperazine.
31-512...........................  ATGARD (dichlovos) Swine Wormer Type
                                    A Medicated Article.
33-803...........................  TASK (dichlovos) Dog Anthelmintic.
35-918...........................  EQUIGARD (dichlovos).
38-200...........................  MEDAMYCIN (oxytetracycline
                                    hydrochloride) Soluble Antibiotic.
39-483...........................  BIO-TAL (thiamylal sodium) Injectable
                                    Solution.
40-848...........................  ATGARD C (dichlovos) Swine Wormer
                                    Type A Medicated Article.
43-606...........................  ATGARD V (dichlovos) Swine Wormer
                                    Type A Medicated Article.
45-143...........................  OXYJECT (oxytetracycline
                                    hydrochloride) Injectable Solution.
47-278...........................  OXY-TET 50 (oxytetracycline
                                    hydrochloride) Injectable Solution.
47-712...........................  BIZOLIN-100 (phenylbutazone) Tablets.
48-010...........................  ANAPLEX (dichlorophene and toluene)
                                    Capsules.
48-237...........................  EQUIGEL (dichlovos) Oral Gel.
48-271...........................  TASK (dichlovos) Tablets.
49-032...........................  ATGARD C (dichlovos) 9.6% Type A
                                    Medicated Article.
55-097...........................  DRY-MAST (penicillin G procaine/
                                    dihydrostreptomycin sulfate)
                                    Intramammary Infusion.
65-178...........................  FERMYCIN (chlortetracycline
                                    hydrochloride or chlortetracycline
                                    bisulfate) Soluble Powder.
65-461...........................  ANACETIN (chloramphenicol) Tablets.
65-481...........................  Chlortetracycline Pneumonia/Calf
                                    Scour Boluses.
65-486...........................  Chlortetracycline Bisulfate Soluble
                                    Powder.
65-491...........................  MEDICHOL (chloramphenicol) Tablets.
65-496...........................  Tetracycline Soluble Powder.
92-837...........................  NEMACIDE (diethylcarbamazine citrate)
                                    Oral Syrup.
93-516...........................  BIZOLIN (phenylbutazone) Injection
                                    20%.
97-452...........................  OXYJECT 100 (oxytetracycline
                                    hydrochloride) Injectable Solution.
98-569...........................  MEDACIDE-SDM (sulfadimethoxine)
                                    Injection 10%.
99-618...........................  BIZOLIN (phenylbutazone) 1-G Tablets.
108-963..........................  MEDAMYCIN (oxytetracycline
                                    hydrochloride) Injectable Solution.

109-305..........................  Oxytocin Injection.
117-689..........................  NEUROSYN (primidone) Tablets.
125-797..........................  Nitrofurazone Dressing.
126-236..........................  Nitrofurazone Soluble Powder.
126-676..........................  D & T (dichlorophene and toluene)
                                    Worm Capsules.
127-627..........................  NEMACIDE-C (diethylcarbamazine
                                    citrate) Tablets.
128-069..........................  NEMACIDE (diethylcarbamazine citrate)
                                    Chewable Tablets.
132-028..........................  ANESTATAL (thiamylal sodium) Powder
                                    for Injection.
135-771..........................  Methylprednisolene Tablets.
136-212..........................  Methylprednisolone Acetate Injectable
                                    Suspension.
137-310..........................  Gentamicin Sulfate Injectable
                                    Solution.
138-869..........................  Triamcinolone Acetonide Injectable
                                    Suspension.
140-442..........................  Xylazine HCl Injection.
200-023..........................  Gentamicin Sulfate Intrauterine
                                    Solution.
200-029..........................  Ketamine Hydrochloride Injection.
200-165..........................  SDM (sulfadimethoxine) 12.5% Oral
                                    Solution.
------------------------------------------------------------------------

    Accordingly, the Agency is amending the regulations in 21 CFR parts
510, 520, 522, 524, 526, 529, and 558 to reflect the transfer of
ownership.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

List of Subjects

21 CFR Part 510

    Administrative practice and procedure, Animal drugs, Labeling,
Reporting and recordkeeping requirements.

21 CFR Parts 520, 522, 524, 526, and 529

    Animal drugs.

21 CFR Part 558

    Animal drugs, Animal feeds.
    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR parts 510,
520, 522, 524, 526, 529, and 558 are amended as follows:

PART 510--NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 510 continues to read as
follows:

    Authority: 21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e.

0
2. In the table in paragraph (c)(1) of Sec.  510.600, alphabetically
add an entry for ``Strategic Veterinary Pharmaceuticals, Inc.''; and in
the table in paragraph (c)(2), numerically add an entry for ``054628''
to read as follows:

Sec.  510.600  Names, addresses, and drug labeler codes of sponsors of
approved applications.

* * * * *
    (c) * * *
    (1) * * *

------------------------------------------------------------------------
                                                           Drug labeler
                  Firm name and address                        code
------------------------------------------------------------------------

                                * * * * *
Strategic Veterinary Pharmaceuticals, Inc., 100 NW.               054628
 Airport Rd., St. Joseph, MO 64503......................

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

     (2) * * *

------------------------------------------------------------------------
          Drug labeler code                  Firm name and address
------------------------------------------------------------------------

                                * * * * *
054628..............................  Strategic Veterinary
                                       Pharmaceuticals, Inc., 100 NW.
                                       Airport Rd., St. Joseph, MO 64503

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

PART 520--ORAL DOSAGE FORM NEW ANIMAL DRUGS

0
3. The authority citation for 21 CFR part 520 continues to read as
follows:

    Authority:  21 U.S.C. 360b.

Sec.  520.390a  [Amended]

0
4. In paragraph (b)(1)(i) of Sec.  520.390a, remove ``000010'' and in
its place add ``054628''.

Sec.  520.441  [Amended]

0
5. In paragraph (b)(3) of Sec.  520.441, remove ``000010'' and in its
place add ``054628''.

Sec.  520.443  [Amended]

0
6. In paragraph (b) of Sec.  520.443, remove ``000010'' and in its
place add ``054628''.

Sec.  520.580  [Amended]

0
7. In paragraph (b)(2), remove ``000010 and 000061'' and in its place
add ``Nos. 000061 and 054628''.

Sec.  520.600  [Amended]

0
8. In paragraph (c) of Sec.  520.600, remove ``000010'' and in its
place add ``054628''.

Sec.  520.622a  [Amended]

0
9. In paragraph (a)(6) of Sec.  520.622a, remove ``000010'' and in its
place add ``054628''.

Sec.  520.622b  [Amended]

0
10. In paragraph (c)(2) of Sec.  520.622b, remove ``000010'' and in its
place add ``054628''.

Sec.  520.622c  [Amended]

0
11. In paragraph (b)(6) of Sec.  520.622c, remove ``000010'' and in its
place add ``054628''.

Sec.  520.763a  [Amended]

0
12. In Sec.  520.763a, remove and reserve paragraph (a); in paragraph
(c), remove ``000010'' and in its place add ``054628''; and remove
paragraph (e).

Sec.  520.763b  [Amended]

0
13. In Sec.  520.763b, remove and reserve paragraph (a); and in
paragraph (c), remove ``000010'' and in its place add ``054628''.

Sec.  520.763c  [Amended]

0
14. In paragraph (b) of Sec.  520.763c, remove ``000010'' and in its
place add ``054628''; and remove and reserve paragraph (c).

Sec.  520.1408  [Amended]

0
15. In paragraph (b) of Sec.  520.1408, remove ``000010'' and in its
place add ``054628''; and remove and reserve paragraph (c).

Sec.  520.1660d  [Amended]

0
16. In Sec.  520.1660d:
0
a. In paragraph (b)(3), remove ``000010'' and in its place add
``054628''.
0
b. In paragraph (d)(1)(ii)(A)(3), remove ``000010'' and in its place
add ``054628''.
0
c. In paragraph (d)(1)(ii)(B)(3), remove ``000010'' and in its place
add ``054628''.
0
d. In paragraph (d)(1)(ii)(C)(3), remove ``000010'' and in its place
add ``054628''.

Sec.  520.1720a  [Amended]

0
17. In paragraph (b)(2) of Sec.  520.1720a, remove ``000010 and
000859'' and in its place add ``000859 and 054628''.

Sec.  520.1900  [Amended]

0
18. In paragraph (b) of Sec.  520.1900, remove ``000010'' and in its
place add ``054628''; and in paragraphs (c)(1), (c)(2), and (c)(3),
remove the footnote.

Sec.  520.2220a  [Amended]

0
19. In paragraph (a)(1) of Sec.  520.2220a, remove ``000010, 000069,
000859, 054925, and 057561'' and in its place add ``000069, 000859,
054628, 054925, and 057561''.

Sec.  520.2345d  [Amended]

0
20. In paragraph (b)(2) of Sec.  520.2345d, remove ``000010'' and in
its place add ``054628''.

PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS

0
21. The authority citation for 21 CFR part 522 continues to read as
follows:

    Authority:  21 U.S.C. 360b.

Sec.  522.1044  [Amended]

0
22. In paragraph (b)(3) of Sec.  522.1044, remove ``000010'' and in its
place add ``054628''.

Sec.  522.1222a  [Amended]

0
23. In paragraph (b) of Sec.  522.1222a, remove ``000010, 000859,
061690, 026637, and 063286'' and in its place add ``000859, 026637,
054628, 061690, and 063286''.

Sec.  522.1410  [Amended]

0
24. In paragraph (b) of Sec.  522.1410, remove ``000010'' and in its
place add ``054628''.

Sec.  522.1662a  [Amended]

0
25. In paragraphs (a)(2), (b)(2), (g)(2), and (h)(2) of Sec.
522.1662a, remove ``000010'' and in its place add ``054628''.

0
26. In Sec.  522.1680, revise the section heading to read as set forth
below; and in paragraph (b), remove ``000010, 000856, 000859, and
061623'' and in its place add ``000856, 000859, 054628, and 061623''.

Sec.  522.1680  Oxytocin.

* * * * *

0
27. In Sec.  522.1720, revise the section heading to read as set forth
below; and in paragraph (b)(2), remove ``000010'' and in its place add
``054628''.

Sec.  522.1720  Phenylbutazone.

* * * * *

0
28. In Sec.  522.2220, revise the section heading as set forth below;
and in paragraph (c)(2), remove ``000010'' and in its place add
``054628''.

Sec.  522.2220  Sulfadimethoxine.

* * * * *

0
29. In Sec.  522.2424, revise the section heading as set forth below;
and in paragraph (b), remove ``000010 and 000856'' and in its place add
``000856 and 054628''; and remove paragraph (c)(4).

Sec.  522.2424  Sodium thiamylal.

* * * * *

Sec.  522.2483  [Amended]

0
30. In paragraph (b) of Sec.  522.2483, remove ``000010'' and in its
place add ``054628''.

Sec.  522.2662  [Amended]

0
31. In paragraph (b)(1) of Sec.  522.2662, remove ``000010'' and in its
place add ``054628''.

PART 524--OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS

0
32. The authority citation for 21 CFR part 524 continues to read as
follows:

    Authority:  21 U.S.C. 360b.

Sec.  524.1580b  [Amended]

0
33. In paragraph (b)(1) of Sec.  524.1580b, remove ``000010, 000069,
050749, 054925, 058005, and 061623'' and in its place add ``000069,
050749, 054628, 054925, 058005, and 061623''.

Sec.  524.1580c  [Amended]

0
34. In paragraph (b) of Sec.  524.1580c, remove ``000010 and 000069''
and in its place add ``000069 and 054628''.

PART 526--INTRAMAMMARY DOSAGE FORM NEW ANIMAL DRUGS

0
35. The authority citation for 21 CFR part 526 continues to read as
follows:

    Authority:  21 U.S.C. 360b.

Sec.  526.1696b  [Amended]

0
36. In paragraph (b) of Sec.  526.1696b, remove ``000010'' and in its
place add ``054628''.

PART 529--CERTAIN OTHER DOSAGE FORM NEW ANIMAL DRUGS

0
37. The authority citation for 21 CFR part 529 continues to read as
follows:

    Authority:  21 U.S.C. 360b.

Sec.  529.1044a  [Amended]

0
38. In paragraph (b) of Sec.  529.1044a, remove ``000010, 000061,
000856,<PHONE_NUMBER>61, 058005, and 061623'' and in its place add
``000061, 000856, 000859, 054628, 057561, 058005, and 061623''.

PART 558--NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS

0
39. The authority citation for 21 CFR part 558 continues to read as
follows:

    Authority:  21 U.S.C. 360b, 371.

Sec.  558.205  [Amended]

0
40. In paragraph (a) of Sec.  558.205, remove ``000010'' and in its
place add ``054628''.

    Dated: March 26, 2013.
Steven D. Vaughn,
Director, Office of New Animal Drug Evaluation, Center for Veterinary
Medicine.
[FR Doc. 2013-07542 Filed 4-8-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Notices]
[Pages 33326-33328]
[FR Doc No: 2015-14272]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[[Docket No. FMCSA-2013-0436]

Parts and Accessories Necessary for Safe Operation; Denial of the
International Window Film Association's Exemption Application

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

ACTION: Denial of exemption application.

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

SUMMARY: FMCSA denies an exemption application from the International
Window Film Association (IWFA) to allow the use of glazing in the
windows to the immediate right and left of the driver that does not
meet the light transmission requirements specified in the Federal Motor
Carrier Safety Regulations (FMCSR). The current rule permits
windshields and side windows of commercial motor vehicles (CMVs) to be
tinted as long as the light transmission is not restricted to less than
70 percent of normal. While IWFA contended that a reduction of light
entering the truck cab interior can (1) significantly improve driver
comfort, (2) reduce eye strain, and (3) reduce the heat load of the
interior environment, thus making the driver more comfortable as well
as lowering energy use for cooling, it failed to provide any evidence
that motor carriers operating CMVs equipped with glazing that blocks
more normal light than currently permitted will achieve a level of
safety that is equivalent to, or greater than, the level of safety that
would be obtained by complying with the regulation.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Huntley, Vehicle and Roadside
Operations Division, Office of Bus and Truck Standards and Operations,
MC-PSV,<PHONE_NUMBER>; Federal Motor Carrier Safety Administration,
1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century
(TEA- 21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 401] amended 49
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from
the FMCSRs. On August 20, 2004, FMCSA published a final rule (69 FR
51589) implementing section 4007. Under this rule, FMCSA must publish a
notice of each exemption request in the Federal Register (49 CFR
381.315(a)). The Agency must provide the public with an opportunity to
inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
    The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)). If the Agency denies the request, it must state the reason
for doing so. If the decision is to grant the exemption, the notice
must specify the person or class of persons receiving the exemption and
the regulatory provision or provisions from which an exemption is
granted. The notice must also specify the effective period of the
exemption (up to 2 years) and explain the terms and conditions of the
exemption. The exemption may be renewed (49 CFR 381.315(c) and 49 CFR
381.300(b)).

IWFA Application for Exemption

    IWFA applied for an exemption from 49 CFR 393.60(d) to allow the
use of glazing in the windows to the immediate right and left of the
driver that does not meet the light transmission requirements specified
in the FMCSRs. A copy of the application is included in the docket
referenced at the beginning of this notice.
    Section 393.60(d) of the FMCSRs permits coloring or tinting of
windshields and the windows to the immediate right and left of the
driver, as long as the ``parallel luminous transmittance through the
colored or tinted glazing is not less than 70 percent of the light at
normal incidence in those portions of the windshield or windows which
are marked as having a parallel luminous transmittance of not less than
70 percent.'' The transmittance restriction does not apply to other
windows on the commercial motor vehicle.
    In its application, IWFA states:

    Many commercial operators, however, have been unable to obtain
the approved film products in a timely and local basis; this has
generated a significant volume of inquiries to federal, state, and
association offices. We are therefore requesting a favorable
consideration for the use of a market-standard 50%-type of film with
a 7% measurement tolerance (to accommodate variances in glass, glass
condition, film manufacturing variation, and meter differences.)
This would allow the standard 50%-type film to be used on CMVs for
the windows to the immediate right and left of the driver. This film
is the same minimum visibility requirement used in the majority of
states for automobiles and is essentially ``clear'' to the extent
that, in most cases, it is difficult to determine if a vehicle even
has had film applied. Since a reduction of light entering the truck
cab interior will decrease not only available visible light but also
scattered light (sometimes called ``interference haze'' by optical
researchers), it can significantly improve driver comfort and reduce
eye strain while also allowing films to be used which can also
reduce the heat load of the interior environment, thus making the
driver more comfortable as well as lowering energy use for cooling.

    In support of its application, IWFA also provided an excerpt from
an article titled ``Safety Benefits and Costs of Tinted Glazing''
published in 1988 by Harold Wakeley of the IIT Research Institute of
Chicago.
    In addition, IWFA stated:

    This level of application would retain the industry's commitment
to the enforcement community and also provide the commercial fleet
operator with the expanded benefits of a larger number of film
products which can provide energy and emissions improvements. It
should be noted that while there may be no additional improvement in
UV protection from that received by the current standard of 70
percent, the added benefit of fuel savings (and therefore greenhouse
gas reductions) as well as reduced glare (haze) and enhanced driver
comfort are greatly expanded by the benefits associated with the use
of the requested level of film on CMVs.

Safety Requirements

    Section 393.60(a) of the FMCSRs requires that ``Glazing material
used in windshields, windows, and doors on a motor vehicle manufactured
on or after December 25, 1968, shall at a minimum meet the requirements
of Federal Motor Vehicle Safety Standard (FMVSS) No. 205 in effect on
the date of manufacture of the motor vehicle.''
    NHTSA is authorized to issue safety standards applicable to new
motor vehicles and motor vehicle equipment under 49 U.S.C. 30101 et
seq. These safety standards establish minimum performance requirements
for motor vehicles and motor vehicle equipment in order to ``reduce
traffic accidents and deaths and injuries resulting from traffic
accidents'' [49 U.S.C. 30101]. Under this authority, NHTSA issued FMVSS
No. 205, ``Glazing materials,'' which applies to all new vehicles and
all new glazing materials for use in motor vehicles. FMVSS No. 205
specifies performance requirements and permissible locations for the
types of glazing that may be installed in motor vehicles. The standard
incorporates by reference American National Standards Institute (ANSI)
Standard Z26.1, ``Safety Code for Safety Glazing Materials for Glazing
Motor Vehicles Operating on Land Highways,'' (Z26). The requirements in
Z26 are specified in terms of performance tests that the various types
of glazing must pass.
    One of the tests is for luminous, or light, transmittance. This
test measures the regular (parallel) transmittance of a sample of the
glazing, in terms of the percentage of incident light that passes
through the glazing. During the test, light strikes the glazing at a 90
degree angle. To pass the test, the glazing must allow 70 percent of
the incident light to pass through.
    The amount of light transmitted through vehicle glazing affects the
ability of the driver to see objects on the road. Low light
transmittance can make it difficult to detect low contrast objects,
such as pedestrians, whose luminance and coloring causes them to blend
with the background of the roadside environment. The effect of low
light transmittance levels on the driver's vision is most pronounced at
dusk and night when the ambient light level is low. This is because the
``contrast sensitivity'' of the eye diminishes as the overall
brightness of the scene decreases. This lower contrast sensitivity
makes it especially difficult to discern low contrast objects. This
problem is most acute for older drivers who have poorer contrast
sensitivity. Contrast sensitivity declines by a factor of two about
every 20 years after age 30. Thus, older drivers have poorer dusk and
night vision.
    The light transmittance requirements must be met by all glazing
installed in windows that are ``requisite for driving visibility.'' For
CMVs, glazing that meets the 70 percent light transmittance requirement
is required in the windshield and the windows to the immediate left and
right of the driver. Section 393.60 of the FMCSRs does not require
other windows on CMVs (i.e., rear windows) to meet the 70 percent light
transmittance requirement, as Section 393.80 of the FMCSRs requires
every bus, truck, and truck tractor to be equipped with two rear-vision
mirrors, one at each side, firmly attached to the outside of the motor
vehicle and so located as to reflect to the driver a view of the
highway to the rear, along both sides of the vehicle. These rear-vision
mirrors must meet the requirements of FMVSS No. 111, ``Rearview
mirrors,'' in effect at the time the vehicle was manufactured.

NHTSA Rulemaking and Report to Congress

    On August 10, 1988, a group of businesses submitted a petition for
rulemaking to NHTSA on the issue of light transmissibility for motor
vehicle glazing. Specifically, NHTSA was petitioned to amend FMVSS No.
205 to permit 35 percent minimum luminous transmittance plastic film on
glazing in the side and rear locations of passenger cars. The petition
was accompanied by a report, ``Safety Benefits and Costs of Tinted
Vehicle Glazing'' by the Illinois Institute of Technology Research
Institute (IITRI)--the same report cited by IWFA in the subject
exemption application. On July 20, 1989, NHTSA published a notice in
the Federal Register granting the petition and requesting public
comment on the issues raised in the petition (54 FR 36427).
    The House Appropriations Committee Report accompanying the
Department of Transportation Appropriations Act for Fiscal Year 1991
requested NHTSA to report to the House and Senate Committees on
Appropriations on the adequacy of current regulations governing window
tinting. In March 1991, NHTSA issued a Report to Congress on Tinting of
Motor Vehicle Windows which, among other things, concluded:

     While it is not possible to quantify the safety effects
of lowering the light transmittance through window tinting, data
indicate that extensive tinting can reduce the ability of drivers to
detect objects, which could lead to an increase in crashes.
     The benefits of tinting do not appear great enough to
justify any loss in safety that may be associated with allowing
excessive tinting of windows. Further, technology already being
applied in production car windows can reduce the heat build up in
the occupant compartment while preserving the driver's visibility. A
greater reduction in the ability of drivers to see through the
windshield, rear window or front side windows would be expected to
decrease highway safety.

    On January 22, 1992, NHTSA published a notice of proposed
rulemaking in the Federal Register to amend FMVSS No. 205 to (1) revise
the light transmittance requirements to replicate real-world conditions
more closely, (2) adjust the required light transmittance levels in the
standard in response to the new test procedure and other
considerations, and (3) make the light transmittance requirements
consistent for passenger cars and light trucks (57 FR 2496).
    On July 14, 1998, NHTSA published a notice in the Federal Register
withdrawing the proposed amendments to FMVSS No. 205 to revise its
light transmittance requirements (63 FR 36427). In part, NHTSA
concluded that there was limited prospect of commensurate increases in
visibility and safety, and indicated that it wanted to better define
the relationship between light transmittance and highway safety before
requiring differing transmittance values for different vehicle windows.

Public Comments

    On January 23, 2014, FMCSA published a notice of the IWFA
application and asked for public comment (79 FR 3916). The Agency
received 16 comments.
    The Agency received 12 comments in support of IWFA's exemption
application, including 10 from individual drivers, one from a motor

carrier representative, and one from the American Trucking Associations
(ATA), a united federation of motor carriers, state trucking
associations, and national trucking conferences. The individual drivers
and the motor carrier representative cited many of the same (or
similar) benefits identified by IWFA in its exemption application in
support of allowing the use of glazing that blocks more normal light
than currently permitted, including (1) reduced glare, (2) reduced eye
stress/strain, tiredness, and headaches due to heat, (3) increased
driver comfort and awareness due to decreased cab temperatures, (4)
increased privacy at truck stops, (5) reduced risk of skin cancer, and
(6) increased availability and lower cost when compared to compliant
glazing. ATA supported the exemption application, stating that it
``believes that this exemption will not adversely impact safety and may
help reduce heat load thereby lowering energy use and improving fuel
economy.''
    FMCSA Response: None of the commenters that supported the exemption
application provided any data or information to demonstrate that an
equivalent level of safety would be maintained with the reduction in
light transmittance. FMCSA agrees with NHTSA's previous conclusions
that (1) the suggested benefits of reduced light transmission levels
are minimal and can be better achieved through other means, and (2) a
reduction in the ability of drivers to see through the windshield, rear
window or front side windows would be expected to decrease highway
safety. Consistent with the previous findings by NHTSA, FMCSA believes
that any potential benefits of reduced light transmittance are not
great enough to justify any corresponding loss in safety that may be
associated such reduction.
    The Agency received four comments opposed to IWFA's exemption
application, including two from individual drivers, one from a retired
police officer, and one from Advocates for Highway and Auto Safety
(Advocates). The individual drivers noted that window tinting (1)
reduces visibility, explicitly at night, and (2) inhibits the ability
to establish eye contact with other drivers and pedestrians at
intersections. The retired police office cited concerns regarding the
safety of law enforcement officials, noting that tinted windows make it
more difficult to see how many persons are occupying vehicles, and
possible weapons, drugs, or contraband on board the CMV.
    Advocates stated that as the IWFA exemption, if granted, would
apply to all CMVs, it was concerned that:

[t]he exemption would amount to a whole cloth change of current
regulation for all commercial motor vehicles which should more
appropriately be handled through rulemaking rather than exemption
procedures. Advocates is further concerned that should this
exemption be granted, at the end of the two-year exemption period
there would be widespread non-compliance unless the exemption were
extended, which would lead to repetitive requests for renewal of the
exemption. This situation would effectively eliminate the current
regulation, or require that portion of the fleet using the proposed
film to replace the window films or glazing in order to conform to
the existing rule without the exemption. The FMCSA should deny the
present petition and address the proposal through the rulemaking
process.

    In addition, Advocates states that IWFA ``neither performed nor
included any form of safety analysis in the Application nor provided
any form of explanation as to how the Applicant would ensure that the
proposed alternative window film light transmission levels would
achieve an equivalent level of safety as required by both statute and
regulation.'' Specifically, Advocates stated:

[t]here is no discussion of safety or the impact that decreased
light transmission may have under other conditions, such as at night
when this may reduce the driver's ability to view objects and
vehicles through the side windows and mirrors. While the Applicant
does cite a decades old paper on the benefits of reduced light
transmittance, there is no discussion of this effect in any way, let
alone in terms of safety, on the operation of a commercial vehicle.
Additionally the citing of summary findings from a single work of
decades old research in no way qualifies as an ``assessment of
safety'' as required by statute and regulation.

    FMCSA response: The comments regarding reduced visibility,
especially at night, are consistent with previous NHTSA findings, and
FMCSA agrees that this reduced visibility would likely lead to a
reduction in safety. FMCSA agrees with Advocates that none of the
commenters that supported the exemption application provided any data
or information to demonstrate that an equivalent level of safety would
be maintained with the reduction in light transmittance. Lacking any
such data or information, FMCSA is unable to make a determination--as
required in 49 CFR 381.305(a)--that motor carriers would be able to
maintain a level of safety equivalent to, or greater than, the level
achieved without the exemption.

FMCSA Decision

    The purpose of FMVSS No. 205 is to (1) reduce injuries resulting
from impact to glazing surfaces, (2) minimize the possibility of
occupants being thrown through the vehicle windows in collisions, and,
specifically with respect to the subject IWFA exemption application,
(3) ensure a necessary degree of transparency in motor vehicle windows
for driver visibility. While IWFA contended that a reduction of light
entering the truck cab interior can (1) significantly improve driver
comfort, (2) reduce eye strain, and (3) reduce the heat load of the
interior environment thus making the driver more comfortable as well as
lowering energy use for cooling, it failed to provide any evidence that
motor carriers operating CMVs equipped with glazing that blocks more
normal light than currently permitted will achieve a level of safety
that is equivalent to, or greater than, the level of safety that would
be obtained by complying with the regulation.
    NHTSA's 1991 Report to Congress acknowledged that ``Although all
studies show a lowering of the ability to detect targets as tint level
increases, it is not possible to predict accurately the numerical
relationship between accidents and tinting.'' At the same time,
however, the same report states ``The loss, due to excessive tinting
and its effect on light transmittance, of the ability to see low
contrast objects such as people, animals or unlighted vehicles is
clearly a safety problem.'' [Emphasis added].
    Based on all of the above, FMCSA has made a determination to deny
the IWFA exemption application. Absent any amendments to FMVSS No. 205
and/or ANSI Z26.1 referenced therein, and lacking any objective data or
analyses demonstrating that a reduction of the required light
transmittance from 70 percent to 50 percent in CMVs will not adversely
affect the level of safety of CMV operations, FMCSA is unable to make a
determination--as required in 49 CFR 381.305(a)--that motor carriers
would be able to maintain a level of safety equivalent to, or greater
than, the level achieved without the exemption.

    Issued on: May 27, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-14272 Filed 6-10-15; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63754-63755]
[FR Doc No: 2015-26715]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-64-000]

Tallbear Seville LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Tallbear Seville LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is November 3, 2015.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email

<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: October 14, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-26715 Filed 10-20-15; 8:45 am]
BILLING CODE 6717-01-P