[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)]
[Notices]
[Page 55162]
[FR Doc No: 2018-23997]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD19-6-000]

Notice of Availability of Draft Guidance for Horizontal
Directional Drill Monitoring, Inadvertent Return Response, and
Contingency Plans

    The staff of the Office of Energy Projects (OEP) has prepared draft
Guidance for Horizontal Directional Drill Monitoring, Inadvertent
Return Response, and Contingency Plans (HDD Guidance). Commission staff
is asking for comments on the draft HDD Guidance from federal and state
agencies, environmental consultants, inspectors, the natural gas
industry, construction contractors, and other interested parties with
special expertise in regards to preparation of HDD monitoring and
contingency plans associated with natural gas projects. Please note
that this comment period will close on December 28, 2018.
    The draft HDD Guidance is available for public viewing on the
Federal Energy Regulatory Commission's (FERC or Commission) website
(www.ferc.gov) using the eLibrary link. Click on the eLibrary link,
click on General Search, and enter the docket number excluding the last
three digits in the Docket Number field (i.e., AD19-6). Be sure you
have selected an appropriate date range.
    Applicable sections of the Code of Federal Regulations Title 18 are
referenced or summarized throughout the draft HDD Guidance. OEP staff
is not seeking comment on any existing regulations or contemplating any
changes to regulations within the context of the HDD Guidance. Comments
pertaining to regulation changes will not be considered as we develop
the final HDD Guidance.\1\ OEP staff anticipates issuing a final
updated version of the HDD Guidance in February 2019. We will consider
all timely comments on the draft before issuing the final version.
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    \1\ The HDD Guidance is covered under the information collection
requirements of FERC-577 (OMB Control No. 1902-0108).
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    Interested parties can help us determine appropriate updates and
improvements by providing comments or suggestions that focus on the
specific sections of the HDD Guidance requiring clarification, updates
to reflect current laws and regulations, or additional information that
should be included in each resource report. The more specific your
comments, the more useful they will be. A detailed explanation of the
rationale underlying your suggested modifications and/or any references
to scientific studies associated with your comments would greatly help
us with this process.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. In all instances, please reference the
docket number (AD19-6-000) with your submission. The Commission
encourages electronic filing of comments and has staff available to
assist you at [email protected] or toll free at (866) 208-
3676, or for TTY, contact<PHONE_NUMBER>.
    (1) You can file your comments electronically using the eComment
feature on the Commission's website (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for interested persons to
submit brief, text-only comments;
    (2) You can file your comments electronically using the eFiling
feature on the Commission's website (www.ferc.gov) under the link to
Documents and Filings. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
eRegister. You must select the type of filing you are making, select
Comment on a Filing; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference Docket No. AD19-6-000 on
your submission: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
    All of the information related to the proposed updates to the HDD
Guidance and submitted comments can be found on the FERC website
(www.ferc.gov) using the eLibrary link and docket number (i.e., AD19-
6). The eLibrary link also provides access to the texts of all formal
documents issued by the Commission, such as orders, notices, and
rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: October 26, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-23997 Filed 11-1-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Notices]
[Pages 36632-36634]
[FR Doc No: 2016-13314]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77960; File No. SR-BatsBZX-2016-20]

Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rule 14.13, Company Listing Fees

June 1, 2016.
    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 May 20, 2016, Bats BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange filed a proposal to amend the fees applicable to
securities listed on the Exchange, which are set forth in BZX Rule
14.13.
    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, 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 parts of such
statements.

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

1. Purpose
    On August 30, 2011, the Exchange received approval of rules
applicable to the qualification, listing, and delisting of companies on
the Exchange,\5\ which it modified on February 8, 2012 in order to
adopt pricing for the listing of exchange traded products (``ETPs'')
\6\ on the Exchange,\7\ which it subsequently modified again on June 4,
2014.\8\ On October 16, 2014, the Exchange modified Rule 14.13,
entitled ``Company Listing Fees'' to eliminate the annual fees for ETPs
not participating in the Exchange's Competitive Liquidity Provider
Program pursuant to Rule 11.8, Interpretation and Policy .02 (the ``CLP

Program'').\9\ On May 22, 2015, the Exchange further modified Rule
14.13 to eliminate the $5,000 application fee for ETPs, effectively
eliminating any compulsory fees for both new ETP issues and transfer
listings in ETPs on the Exchange \10\ and on September 30, 2015, the
Exchange began offering an incentive payment to ETPs that are listed on
the Exchange based on the consolidated average daily volume (the
``CADV'') of the ETP (the ``Issuer Incentive Program'').\11\
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    \5\ See Securities Exchange Act Release No. 65225 (August 30,
2011), 76 FR 55148 (September 6, 2011) (SR-BATS-2011-018).
    \6\ As defined in Rule 11.8(e)(1)(A), the term ``ETP'' means any
security listed pursuant to Exchange Rule 14.11.
    \7\ See Securities Exchange Act Release No. 66422 (February 17,
2012), 77 FR 11179 (February 24, 2012) (SR-BATS-2012-010).
    \8\ See Securities Exchange Act Release No. 72377 (June 12,
2014), 79 FR 34822 (June 18, 2014) (SR-BATS-2014-024).
    \9\ See Securities Exchange Act Release No. 73414 (October 23,
2014), 79 FR 64434 (October 29, 2014) (SR-BATS-2014-050).
    \10\ See Securities Exchange Act Release No. 75085 (June 1,
2015), 80 FR 32190 (June 5, 2015) (SR-BATS-2015-39).
    \11\ See Securities Exchange Act Release No. 76113 (October 8,
2015), 80 FR 62142 (October 15, 2015) (SR-BATS-2015-80).
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    The Exchange is now proposing to make an administrative change to
the Issuer Incentive Program such that an ETP must be enrolled by
completing the Issuer Incentive Program Enrollment Form with the
Exchange in order to receive payment under the Issuer Incentive
Program. Practically, the Exchange cannot provide payment to an ETP
that is eligible to receive payment under the Issuer Incentive Program
without certain bank information from the issuer and the ETP cannot
accept payments from the Exchange without confirming that there are no
issuer- and fund-specific issues that are created through receipt of
the payment. All ETPs will be eligible for enrollment in the Issuer
Incentive Program and, as noted above, this proposed change is only an
administrative change. As part of this proposal, the Exchange also
notes that where an ETP is not enrolled with the Exchange on the last
day of a quarter for which the ETP is eligible to receive payments
under the Issuer Incentive Program, any such payment is forfeited by
the ETP.
    The Exchange proposes to implement the amendments to Rule
14.13(b)(2)(C) effective immediately.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of section 6 of the Act.\12\
Specifically, the Exchange believes that the proposed rule change is
consistent with section 6(b)(4) and 6(b)(5) of the Act,\13\ in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among issuers and it does not unfairly discriminate
between customers, issuers, brokers or dealers.
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    \12\ 15 U.S.C. 78f.
    \13\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes that requiring enrollment with the Exchange
in order to receive payment under the Issuer Incentive Program is a
reasonable, fair and equitable, and not unfairly discriminatory
allocation of fees and other charges because, as noted above, the
Exchange cannot provide payment to an ETP that is eligible to receive
payment under the Issuer Incentive Program without bank information
from the issuer and the ETP cannot receive payments from the Exchange
without confirming that there are no issuer- and fund-specific issues
that are created through receipt of the payment. Thus, the proposal
will provide a mechanism to ensure that both the Exchange and the ETP
are prepared to provide and receive the payment, respectively.
Additionally, such requirement will apply equally to all ETPs eligible
for payment under the Issuer Incentive Program.
    Similarly, the Exchange believes that requiring an ETP to be
enrolled with the Exchange on at least the last day of the quarter for
which the ETP is eligible to receive payments under the Issuer
Incentive Program in order to receive the payment is a reasonable, fair
and equitable, and not unfairly discriminatory allocation of fees and
other charges because an ETP can be enrolled as part of the application
process prior to the ETP even listing on the Exchange and even where
the ETP is enrolled after listing on the Exchange, the process is very
simple and involves only standard bank account information. Further, to
the extent that an ETP is not enrolled on the last day of the quarter
but would otherwise be eligible to receive payment, the Exchange
believes that it is reasonable, fair and equitable, and not unfairly
discriminatory for the ETP to forfeit such payment because, as noted
above, the ETP can be enrolled as part of the application process prior
to listing on the Exchange and the forfeiture of such payments (rather
than allowing the payments to carry over for multiple quarters)
provides the Exchange with financial certainty about the costs
associated with the Issuer Incentive Program and will allow the
Exchange to better approximate its operational costs.
    Based on the foregoing, the Exchange believes that the proposed
amendment to Rule 14.13(b)(2)(C) to implement the Issuer Incentive
Program is a reasonable, equitable, and non-discriminatory allocation
of fees to issuers.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. The
Exchange does not believe that the proposed change burdens competition,
but instead, enhances competition, as it is intended to increase the
competitiveness of the Exchange's listings program by making clear the
requirements for the Exchange to provide ETPs with quarterly payments
based on the CADV of the ETP. As such, the proposal is a competitive
proposal that is intended to further clarify the Issuer Incentive
Program and attract additional ETP listings, which will, in turn,
benefit the Exchange and all other BZX-listed ETPs.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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

    The foregoing rule change has become effective pursuant to section
19(b)(3)(A) of the Act \14\ and paragraph (f) of Rule 19b-4
thereunder.\15\ 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.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BatsBZX-2016-20 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-BatsBZX-2016-20. 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 such filing also will be available
for inspection and copying at the principal offices 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-BatsBZX-2016-
20, and should be submitted on or before June 28, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-13314 Filed 6-6-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 25, 2010 (Volume 75, Number 164)]
[Notices]
[Page 52379]
[DOCID:fr25au10-116]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

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

Extension:
    Regulation A; OMB Control No. 3235-0286; SEC File No. 270-110
(Forms 1-A and 2-A).

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.
    Regulation A (17 CFR 230.251 through 230.263) provides an exemption
from registration under the Securities Act of 1933 (15 U.S.C. 77a et
seq.) for certain limited offerings of securities by issuers who do not
otherwise file reports with the Commission. Form 1-A is an offering
statement filed under Regulation A. Form 2-A is used to report sales
and use of proceeds in Regulation A offerings. All information is
provided to the public for review. The information required is filed on
occasion and is mandatory. We estimate approximately 100 issuers file
Forms 1-A and 2-A annually. We estimate that Form 1-A takes
approximately 608 hours to prepare, Form 2-A takes approximately 12
hours to prepare, and Regulation A takes one administrative hour to
review for a total of 621 hours per response. We estimate that 75% of
621 hours per response (465.75 hours) is prepared by the company for a
total annual burden of 46,575 hours (465.75 x 100 responses).
    An agency may conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid control number.
    Written comments regarding the above information should be directed
to the following persons: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503 or send an e-mail to: Shagufta_
<EMAIL_ADDRESS>and (ii) Charles Boucher, Director/CIO Officer,
Securities and Exchange Commission, C/O Shirley Martinson, 6432 General
Green Way, Alexandria, VA 22312; or send an e-mail to: PRA_
<EMAIL_ADDRESS>Comments must be submitted to OMB within 30 days of
this notice.

    Dated: August 18, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-21034 Filed 8-24-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Page 75049]
[FR Doc No: 2022-26563]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10480-01-OA]

Local Government Advisory Committee (LGAC) Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of public meeting.

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SUMMARY: Pursuant to the Federal Advisory Committee Act (FACA), EPA
herby provides notice of a meeting for the Local Government Advisory
Committee (LGAC) and the Small Communities Advisory Subcommittee (SCAS)
on the date and time described below. This meeting will be open to the
public. For information on public attendance and participation, please
see the registration information under SUPPLEMENTARY INFORMATION. Due
to holiday schedules, EPA is announcing this meeting with less than 15
calendar days' of notice.

DATES: The LGAC will meet virtually December 16th, 2022, from 12 p.m.
through 2 p.m. Eastern Standard Time.

FOR FURTHER INFORMATION CONTACT: Paige Lieberman, Designated Federal
Officer (DFO), at [email protected] or<PHONE_NUMBER> Information on
Accessibility: For information on access or services for individuals
requiring accessibility accommodations, please contact Paige Lieberman
by email at [email protected]. To request accommodation, please do so five
(5) business days prior to the meeting, to give EPA as much time as
possible to process your request.

SUPPLEMENTARY INFORMATION: The LGAC has been deliberating on the
following issues and will discuss and vote on recommendations at this
meeting.

TOPIC 1: Green Gas Reduction Fund

    Read background on the program here: https://www.epa.gov/inflation-reduction-act/greenhouse-gas-reduction-fund.

TOPIC 2: Lead and Copper Rule Improvements

    Read background on the proposed rule here: https://www.epa.gov/ground-water-and-drinking-water/lead-and-copper-rule-improvements.
    All interested persons are invited to attend and participate. The
LGAC will hear comments from the public from approximately 1:40-1:50
p.m. (EST). Individuals or organizations wishing to address the
Committee or Subcommittee will be allowed a maximum of five (5) minutes
to present their point of view. Also, written comments should be
submitted electronically to [email protected] for the LGAC and SCAS. Please
contact the DFO at the email listed under FOR FURTHER INFORMATION
CONTACT to schedule a time on the agenda by December 14, 2021. Time
will be allotted on a first-come first-served basis, and the total
period for comments may be extended if the number of requests for
appearances requires it.

Registration

    The meeting will be held virtually through an online audio and
video platform. Members of the public who wish to participate should
register by contacting the Designated Federal Officer (DFO) at
[email protected] by December 14, 2022. The agenda and other supportive
meeting materials will be available online at https://www.epa.gov/ocir/
local-government-advisory-committee-lgac and will be emailed to all
registered. In the event of cancellation for unforeseen circumstances,
please contact the DFO or check the website above for reschedule
information.

    Dated: December 1, 2022.
Paige Lieberman,
Designated Federal Officer, U.S. Environmental Protection Agency.
[FR Doc. 2022-26563 Filed 12-6-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Rules and Regulations]
[Pages 74666-74668]
[FR Doc No: 2016-25674]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6123; Directorate Identifier 2016-CE-007-AD;
Amendment 39-18690; AD 2016-22-01]
RIN 2120-AA64

Airworthiness Directives; Schempp-Hirth Flugzeugbau GmbH Gliders

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for
Schempp-Hirth Flugzeugbau GmbH Models Discus-2a, Discus-2b, Discus-2c,
Discus 2cT, Ventus-2a, and Ventus-2b gliders. This AD results from
mandatory continuing airworthiness information (MCAI) issued by an
aviation authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition insufficient overlap of the airbrake panels. We are issuing
this AD to correct the unsafe condition on these products.

DATES: This AD is effective December 1, 2016.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of December 1,
2016.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6123; or in person at Document Management Facility, 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 service information identified in this AD, contact Schempp-
Hirth Flugzeugbau GmbH, Krebenstrasse 25, 73230 Kirchheim/Teck,
Germany; telephone: +49 7021 7298-0; fax: +49 7021 7298-199; email:
<EMAIL_ADDRESS>Internet: http://www.schempp-hirth.com. You may
view this referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. 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 Docket No. FAA-2016-6123.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA,

Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
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 Schempp-Hirth Flugzeugbau
Model Discus-2a, Discus-2b, Discus-2c, Discus 2cT, Ventus-2a, and
Ventus-2b gliders. The NPRM was published in the Federal Register on
April 27, 2016 (81 FR 24743). The NPRM proposed to correct an unsafe
condition for the specified products and was based on mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country. The MCAI states:

    Operational experience shows that, under certain conditions, the
overlap between the two airbrake panels can be insufficient and the
panels can interlock.
    This condition, if not corrected, could lead to blockage of the
airbrakes, possibly resulting in reduced control of the (powered)
sailplane.
    To address this potential unsafe condition, Schempp-Hirth
Flugzeugbau GmbH issued TN 349-39, 360-29, 825-55 and 863-22 (single
document, hereafter referred to as `the TN' in this AD), to provide
inspection instructions to verify the correct overlap between the
two affected airbrake panels.
    For the reason described above, this AD requires a one-time
inspection of the overlap of the affected airbrake panels and,
depending on findings, accomplishment of applicable corrective
action(s).

The MCAI can be found in the AD docket on the Internet at: https://www.regulations.gov/document?D=FAA-2016-6123-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and the FAA's response to each comment.

Request for Pilot-Owner To Conduct Inspection

    Glenn Yeldezian commented that the EASA AD mandated the use of a
Schempp-Hirth Technical Note that allowed for the pilot-owner to
accomplish the inspection. The commenter requested that the FAA AD
include this option for the pilot-owner to accomplish the inspection
or, alternately, asked whether the revised Technical Note is enough
justification for the pilot-owner to perform the inspection.
    We do not agree with allowing pilot-owner to do this inspection.
The U.S. regulatory system will not allow a pilot-owner to accomplish
inspections on their gliders in accordance with Title 14 Code of
Federal Regulations (CFR) part 43. Therefore, we will not revise the AD
to account for the allowance in the foreign AD for the pilot-owner to
accomplish the specified inspections.

Conclusion

    We reviewed the relevant data, considered the comment received, and
determined that air safety and the public interest require adopting the
AD 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 correcting 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

    We reviewed Schempp-Hirth Flugzeugbau GmbH Technical Note No. 349-
39, 360-29, 825-55, 863-22; dated January 29, 2016 (published as a
single document), and Arbeitsanweisung (English translation: Working
instructions) for Technische Mitteilung Nr. (English translation:
Technical Note No.) 349-39, 360-29, 825-55, 863-22, Ausgabe (English
translation: Issue) 1, Datum (English translation: Dated) January 22,
2016 (published as a single document). In combination, this service
information describes procedures for inspection of the overlap of the
airbrake panels and, if necessary, replacement of the airbrake panels.
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 of the AD.

Costs of Compliance

    We estimate that this AD will affect 86 products of U.S. registry.
We also estimate that it would take about 2 work-hours per product to
comply with the basic requirements of this AD.
    Based on these figures, we estimate the cost of this AD on U.S.
operators to be $14,620, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 4 work-hours and require parts costing $100, for a cost of
$440 per product. We have no way of determining the number of products
that may need these 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.

Regulatory Findings

    We determined that 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 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.

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-2016-
6123; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains the NPRM, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

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 AD:

2016-22-01 Schempp-Hirth Flugzeugbau: Amendment 39-18690; Docket No.
FAA-2016-6123; Directorate Identifier 2016-CE-007-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 1,
2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Schempp-Hirth Flugzeugbau GmbH
model and serial number gliders, certificated in any category:
    (1) Model Discus-2a, serial numbers 1 through 253;
    (2) Model Discus-2b, serial numbers 1 through 255;
    (3) Model Discus-2c, serial numbers 1 through 61;
    (4) Model Discus 2cT, serial numbers 1 through 127;
    (5) Model Ventus-2a, serial numbers 1 through 178; and
    (6) Model Ventus-2b, serial numbers 1 through 175.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight
Controls.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as insufficient
overlap of the airbrake panels. We are issuing this proposed AD to
require actions to address the unsafe condition on these products.
We are issuing this AD to prevent interlocking of the airbrake
panels, which could lead to blockage of the airbrakes and possible
loss of control.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs
(f)(1) and (2) of this AD:
    (1) Within the next 40 days after December 1, 2016 (the
effective date of this AD), inspect the overlap of the airbrake
panels for a minimum overlap of at least 3 millimeters following
Action 1 in Schempp-Hirth Flugzeugbau GmbH Technische Mitteilung Nr.
(English translation: Technical Note No.) 349-39, 360-29, 825-55,
863-22, dated January 29, 2016 (published as a single document); and
Action 1 in the associated Arbeitsanweisung (English translation:
Working instructions) for Technische Mitteilung Nr. (English
translation: Technical Note No.) 349-39, 360-29, 825-55, 863-22,
Ausgabe (English translation: Issue) 1, Datum (English translation:
Dated) January 22, 2016 (published as a single document).

    Note 1 to paragraph (f)(1) and (2) of this AD: This service
information contains German to English translation. The EASA used
the English translation in referencing the document. For
enforceability purposes, we will refer to the Schempp-Hirth
Flugzeugbau GmbH service information as it appears on the document.

    (2) If, during the inspection required in paragraph (f)(1) of
this AD, the overlap on the airbrake panels is found to be less than
3 millimeters, before further flight, install eccentric bushings and
make adjustments following Action 2 in Schempp-Hirth Flugzeugbau
GmbH Technische Mitteilung Nr. (English translation: Technical Note
No.) 349-39, 360-29, 825-55, 863-22, dated January 29, 2016
(published as a single document); and Action 2 in the associated
Arbeitsanweisung (English translation: Working instructions) for
Technische Mitteilung Nr. (English translation: Technical Note No.)
349-39, 360-29, 825-55, 863-22, Ausgabe (English translation: Issue)
1, Datum (English translation: Dated) January 22, 2016 (published as
a single document).

    Note 2 to paragraph (f)(2) of this AD: The Schempp-Hirth
Flugzeugbau GmbH Technische Mitteilung Nr. (English translation:
Technical Note No.) 349-39, 360-29, 825-55, 863-22, dated January
29, 2016 (published as a single document) includes four German
language drawings that you may use for additional information, but
the drawings are not required to comply with this AD.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Jim Rutherford, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(h) Related Information

    Refer to MCAI European Aviation Safety Agency (EASA) AD No.:
2016-0027, dated February 9, 2016, for related information. The MCAI
can be found in the AD docket on the Internet at: https://www.regulations.gov/document?D=FAA-2016-6123-0002.

(i) 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 the AD specifies otherwise.
    (i) Schempp-Hirth Flugzeugbau GmbH Technische Mitteilung Nr.
(English translation: Technical Note No.) 349-39, 360-29, 825-55,
863-22, dated January 29, 2016 (published as a single document); and
    (ii) Arbeitsanweisung (English translation: Working
instructions) for Technische Mitteilung Nr. (English translation:
Technical Note No.) 349-39, 360-29, 825-55, 863-22, Ausgabe (English
translation: Issue) 1, Datum (English translation: Dated) January
22, 2016 (published as a single document).

    Note 3 to paragraph (i)(2) of this AD: This service information
contains German to English translation. The EASA used the English
translation in referencing the document. For enforceability
purposes, we will refer to the Schempp-Hirth Flugzeugbau GmbH
service information as it appears on the document.

    (3) For Schempp-Hirth Flugzeugbau GmbH service information
identified in this AD, contact Schempp-Hirth Flugzeugbau GmbH,
Krebenstrasse 25, 73230 Kirchheim/Teck, Germany; telephone: +49 7021
7298-0; fax: +49 7021 7298-199; email<EMAIL_ADDRESS>
Internet: http://www.schempp-hirth.com.
    (4) You may view this service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148. In addition, you can access this service information
on the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2016-6123.
    (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 Kansas City, Missouri, on October 17, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-25674 Filed 10-26-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 171 (Tuesday, September 4, 2018)]
[Rules and Regulations]
[Pages 44828-44830]
[FR Doc No: 2018-19078]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0598]
RIN 1625-AA00

Safety Zone, Swim Around Charleston; Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
during the Swim Around Charleston, a swimming race occurring on the
Wando River, the Cooper River, Charleston Harbor, and the Ashley River,
in Charleston, South Carolina. The temporary moving safety zone is
necessary to protect swimmers, participant vessels, spectators, and the
general public during the event. Persons and vessels will be prohibited
from entering the safety zone unless authorized by the Captain of the
Port Charleston or a designated representative.

DATES: This rule is effective from 7:45 a.m. until 2 p.m. on September
16, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0598 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Justin Heck, Sector Charleston Office of
Waterways Management, Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 9, 2018, Kathleen Wilson notified the Coast Guard that she
will be sponsoring the Swim Around Charleston on September 16, 2018
which will impact waters of the Wando River, Cooper River, Charleston
Harbor, and Ashley River, in Charleston, South Carolina. In response,
on June 26, 2018, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zone, Swim Around Charleston;
Charleston, SC (83 FR 29719). There we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to this
event. During the comment period that ended July 26, 2018, we received
one comment.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port (COTP) Charleston has determined that
potential hazards associated with the large number of participants and
spectators during the swim will be a safety concern. The purpose of the
rule is to ensure the safety of participants, spectators, the general
public, vessels and the navigable waters in the safety zone before,
during and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    The Coast Guard received one comment from the public in favor of
the rule. We acknowledge this comment. There are no changes in the
regulatory text of this rule from the proposed rule in the NPRM.
    This rule establishes a safety zone from 7:45 a.m. until 2 p.m. on
September 16, 2018. The safety zone will cover certain navigable waters
on the Wando River, Cooper River, Charleston Harbor, and Ashley River,
in Charleston, South Carolina. The duration of the zone is intended to
ensure the safety of the participants, spectators, and the general
public. No vessel or person will be permitted to enter, transit
through, anchor in or remain within the safety zone without obtaining
permission from the COTP or a designated representative. If
authorization to enter, transit through, anchor in, or remain within
the safety zone is granted by the COTP or a designated representative,
all persons and vessels receiving such authorization must comply with
the instructions of the COTP or a designated representative. The Coast
Guard will provide notice of the safety zone by Local Notice to
Mariners, Broadcast Notice to Mariners, or by on-scene designated
representatives.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on: (1) The safety
zone will be enforced for only seven hours; (2) the safety zone will
move with the participant vessels so that once the swimmers clear a
portion of the waterway, the safety zone will no longer be enforced in
that portion of the waterway; (3) although persons and vessels will not
be able to enter or transit through the safety zone without
authorization from the COTP or a designated representative, they will
be able to operate in the surrounding area during the enforcement
period; (4) persons and vessels will still be able to enter or transit
through the safety zone if authorized by the COTP or a designated
representative; and (5) the Coast Guard will provide advance
notification of the safety zone to the local maritime community by
Broadcast Notice to Mariners, or by on-scene designated
representatives.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive
Order13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have

determined that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone that will prohibit
persons and vessels from entering, transiting through, anchoring in, or
remaining within a limited area surrounding the participants on the
Wando River, Cooper River, Charleston Harbor, and Ashley River, in
Charleston, South Carolina during the event lasting less than 7 hours.
It is categorically excluded from further review under paragraph L60(a)
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev.
01. A Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T07-0598 to read as follows:

Sec.  165.T07-0598  Safety Zone; Swim Around Charleston, Charleston,
SC.

    (a) Regulated area. The following regulated area is a moving safety
zone: All waters 50 yards in front of the lead safety vessel preceding
the first race participants, 50 yards behind the safety vessel trailing
the last race participants, and at all times extend 100 yards on either
side of safety vessels. The Swim Around Charleston swimming race
consists of a 12 mile course that starts at Remley's Point on the Wando
River in approximate position 32[deg]48'49'' N, 79[deg]54'27'' W,
crosses the main shipping channel under the main span of the Ravenel
Bridge, and finishes at the I-526 bridge and boat landing on the Ashley
River in approximate position 32[deg]50'14'' N, 80[deg]01'23'' W. All
coordinates are North American Datum 1983.
    (b) Definition. As used in this section, ``designated
representative'' means Coast Guard Patrol Commanders, including Coast
Guard coxswains, petty officers, and other officers operating Coast
Guard vessels, and Federal, state, and local officers designated by or
assisting the COTP in the enforcement of the regulated areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area, except persons and vessels participating in the Swim
Around Charleston, or serving as safety vessels.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the COTP by
telephone at<PHONE_NUMBER>, or a designated representative via VHF
radio on channel 16, to request authorization. If authorization to
enter, transit through, anchor in, or remain within the regulated area
is granted, all persons and vessels receiving such authorization must
comply with the instructions of the COTP or a designated
representative.
    (3) The Coast Guard will provide notice of the regulated area by
Marine Safety Information Bulletins, Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
    (d) Enforcement period. This rule will be enforced on September 16,
2018 from 7:45 a.m. until 2 p.m.

    Dated: August 27, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2018-19078 Filed 8-31-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Notices]
[Pages 54621-54623]
[FR Doc No: 2020-19359]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0011]

Qualification of Drivers; Exemption Applications; Vision

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

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

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

DATES: Comments must be received on or before October 2, 2020.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2020-0011 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D=FMCSA-2020-0011. Follow the online
instructions for submitting comments.
     Mail: Docket Operations; 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:<PHONE_NUMBER>.
    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 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
Operations,<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-2020-0011), 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/docket?D=FMCSA-2020-0011. 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/docket?D=FMCSA-2020-0011 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting Docket Operations 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. To be sure someone is there to help you, please call (202)
366-9317 or<PHONE_NUMBER> before visiting Docket Operations.

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.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The five individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding vision
found in Sec.  391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal Meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing standard
red, green, and amber.
    On July 16, 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (57 FR 31458). The current Vision Exemption Program was
established in 1998, following the enactment of amendments to the
statutes governing exemptions made by Sec.  4007 of the Transportation
Equity Act for the 21st Century, Public Law 105-178, 112 Stat. 107, 401
(June 9, 1998). Vision exemptions are considered under the procedures
established in 49 CFR part 381 subpart C, on a case-by-case basis upon
application by CMV drivers who do not meet the vision standards of
Sec.  391.41(b)(10).
    To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely in intrastate commerce with the vision
deficiency for the past 3 years. Recent driving performance is
especially important in evaluating future safety, according to several
research studies designed to correlate past and future driving
performance. Results of these studies support the principle that the
best predictor of future performance by a driver is his/her past record
of crashes and traffic violations. Copies of the studies may be found
at https://www.regulations.gov/docket?D=FMCSA-1998-3637.
    FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated the driving
performance of experienced monocular drivers in the program is better
than that of all CMV drivers collectively.\1\ The fact that experienced
monocular drivers demonstrated safe driving records in the waiver
program supports a conclusion that other monocular drivers, meeting the
same qualifying conditions as those required by the waiver program, are
also likely to have adapted to their vision deficiency and will
continue to operate safely.
---------------------------------------------------------------------------

    \1\ A thorough discussion of this issue may be found in a FHWA
final rule published in the Federal Register on March 26, 1996 and
available on the internet at https://www.govinfo.gov/content/pkg/FR-1996-03-26/pdf/96-7226.pdf.
---------------------------------------------------------------------------

    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An

Application of Multiple Regression Analysis of a Poisson Process,''
Journal of American Statistical Association, June 1971). A 1964
California Driver Record Study prepared by the California Department of
Motor Vehicles concluded that the best overall crash predictor for both
concurrent and nonconcurrent events is the number of single
convictions. This study used 3 consecutive years of data, comparing the
experiences of drivers in the first 2 years with their experiences in
the final year.

III. Qualifications of Applicants

Tanner L. Batey

    Mr. Batey, 21, has had glaucoma in his right eye since birth. The
visual acuity in his right eye is counting fingers, and in his left
eye, 20/20. Following an examination in 2019, his ophthalmologist
stated, ``I certify that this patient has sufficient vision to perform
all required driving tasks required to operate a commercial vehicle.''
Mr. Batey reported that he has driven straight trucks for 6 years,
accumulating 60,000 miles and tractor-trailer combinations for 5 years,
accumulating 185,000 miles. He holds a Class A CDL from Montana. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Martin G. Burley, Jr.

    Mr. Burley, 57, has had chorioretinal scarring in his right eye due
to myopia for five years. The visual acuity in his right eye is 20/70,
and in his left eye, 20/25. Following an examination in 2019, his
optometrist stated, ``He has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Burley reported
that he has driven straight trucks for 11 years, accumulating 221,000
miles and tractor-trailer combinations for 1 year, accumulating 210,000
miles. He holds a Class A CDL from Idaho. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Fernando Casillas Lucio

    Mr. Casillas Lucio, 36, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/150. Following an examination in 2020, his optometrist stated,
``In my professional opinion, vision wise, patient is stable and able
to operate a commercial vehicle.'' Mr. Lucio reported that he has
driven straight trucks for 3 years, accumulating 56,016 miles. He holds
a Class B CDL from California. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Franz E. Fehr

    Mr. Fehr, 29, has had amblyopia in his right eye since 2006. The
visual acuity in his right eye is 20/400, and in his left eye, 20/20.
Following an examination in 2019, his optometrist stated, ``Based on my
findings Franz Fehr has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Fehr reported that he
has driven tractor-trailer combinations for 4 years, accumulating
580,000 miles. He holds a Class A CDL from Texas. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Jonathan D. Steen

    Mr. Steen, 39, has macular scarring in his right eye due to an
infection in childhood. The visual acuity in his right eye is 20/125,
and in his left eye, 20/20. Following an examination in 2020, his
optometrist stated, ``In my medical opinion, Mr. Jonathan Steen has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Steen reported that he has driven tractor-
trailer combinations for 20 years, accumulating 3 million miles. He
holds a Class A CDL from Minnesota. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments and material
received before the close of business on the closing date indicated
under the DATES section of the notice.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-19359 Filed 9-1-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Notices]
[Pages 35076-35078]
[FR Doc No: 2013-13773]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69699; File No. SR-NSCC-2013-805]

Self-Regulatory Organizations; National Securities Clearing
Corporation; Notice of Filing of Advance Notice, as Modified by
Amendment No. 1, To Require That All Locked-in Trade Data Submitted to
It for Trade Recording Be Submitted in Real-time

June 5, 2013.
    Pursuant to Section 806(e)(1) of the Payment, Clearing, and
Settlement Supervision Act of 2010 (``Clearing Supervision Act'') \1\
and Rule 19b-4(n)(1)(i) \2\ thereunder, notice is hereby given that on
April 30, 2013, the National Securities Clearing Corporation (``NSCC'')
filed with the Securities and Exchange Commission (``Commission'') an
advance notice described in Items I, II and III below, which Items have
been prepared primarily by NSCC. On May 14, 2013, NSCC filed Amendment
No. 1 to the advance notice.\3\ The Commission is publishing this
notice to solicit comments on the advance notice from interested
persons.
---------------------------------------------------------------------------

    \1\ 12 U.S.C. 5465(e)(1).
    \2\ 17 CFR 240.19b-4(n)(i).
    \3\ In Amendment No. 1, NSCC modified Exhibit 5 to the original
advance notice filing to correct a typographical error in the text
of its Rules & Procedures (``Rules'') related to the advance notice.
---------------------------------------------------------------------------

I. Clearing Agency's Statement of the Terms of Substance of the Advance
Notice

    NSCC is proposing to modify its Rules to require that all locked-in
trade data submitted to NSCC for trade recording be submitted in real-
time, as defined below, and to prohibit pre-netting and other practices
that prevent real-time trade submission.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Advance Notice

    In its filing with the Commission, NSCC included statements
concerning the purpose of and basis for the advance notice and
discussed any comments it received on the advance notice. The text of
these statements may be examined at the places specified in Item IV
below. NSCC has prepared summaries, set forth in sections (A), (B), and
(C) below, of the most significant aspects of these statements.\4\
---------------------------------------------------------------------------

    \4\ The Commission has modified the text of the summaries
prepared by NSCC.
---------------------------------------------------------------------------

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Advance Notice

Proposal Overview
    NSCC is proposing to modify its Rules to require that all locked-in
trade data submitted to NSCC for trade recording be submitted in real-
time,\5\ and to prohibit pre-netting and other practices that prevent
real time trade submission.
---------------------------------------------------------------------------

    \5\ The term ``real-time,'' when used with respect to trade
submission, will be defined in Procedure XIII (Definitions) of
NSCC's Rules as the submission of such data on a trade-by-trade
basis promptly after trade execution, in any format and by any
communication method acceptable to NSCC.
---------------------------------------------------------------------------

    According to NSCC, the majority of all transactions processed at
NSCC are submitted on a locked-in basis by self-regulatory
organizations (``SROs'') (including national and regional exchanges and
marketplaces), and Qualified Special Representatives (``QSRs'').\6\
Currently NSCC data reveals that almost all exchanges \7\ and some QSRs
submit trades executed on their respective markets in real-time,
representing approximately 91% of the locked-in trades submitted to
NSCC today. The proposed rule change would require that all locked-in
trades submitted for trade recording by SROs and QSRs be submitted to
NSCC in real-time.\8\
---------------------------------------------------------------------------

    \6\ QSRs are NSCC Members that either (i) operate an automated
execution system where they are always the contra side of every
trade, (ii) are the parent or affiliate of an entity operating such
an automated system, where they are the contra side of every trade,
or (iii) clear for a broker-dealer that operates such a system and
the subscribers to the system acknowledge the clearing Member's role
in the clearance and settlement of these trades.
    \7\ One executing market with very low trade volume does not yet
submit trades in real-time.
    \8\ NSCC is not at this time modifying Procedure III (Trade
Recording Service (Interface Clearing Procedures)) of its Rules, so
files submitted to NSCC by The Options Clearing Corporation
(``OCC'') relating to option exercises and assignments (Procedure
III, Section D--Settlement of Option Exercises and Assignments) will
not be required to be submitted in real-time. OCC's process of
assigning option assignments is and will continue to be an end-of-
day process.
---------------------------------------------------------------------------

    NSCC is also proposing to prohibit practices that preclude real-
time submission, such as ``pre-netting.'' NSCC states that typically,
pre-netting is done on a bilateral basis between a QSR and its
customer, both NSCC Members. According to NSCC, any pre-netting
practices--whether in the form of ``summarization'' (i.e., technique in
which the clearing broker nets all trades in a single CUSIP by the same
correspondent broker into fewer submitted trades), ``compression''
(i.e., technique to combine submissions of data for multiple trades to
the point where the identity of the party actually responsible for the
trades is masked), netting, or any other practice that combines two or
more trades prior to their submission to NSCC (collectively, ``pre-
netting'')--prevent the submission to NSCC of transactions on a trade-
by-trade basis, and cause submitting firms to delay submission of their
trades. According to NSCC, these practices disrupt NSCC's ability to
accurately monitor market and credit risks as they evolve during the
trading day. Therefore, NSCC's proposal will prohibit pre-netting
activity on the part of entities submitting original trade data on a
locked-in basis.\9\ The rules of NSCC's affiliate Fixed Income Clearing
Corporation (``FICC'') currently prohibit such activity, and this
proposed rule change would align NSCC's trade submission rules with
those of FICC.\10\
---------------------------------------------------------------------------

    \9\ Trades executed in the normal course of business between a
Member that clears for other broker-dealers, and its correspondent,
or between correspondents of the Member, which correspondent(s) is
not itself a Member and settles such obligations through such
clearing Member (i.e., ``internalized trades'') are not required to
be submitted to NSCC and shall not be considered to violate the
``pre-netting'' prohibition.
    \10\ See, e.g., GSD Rule 11 (Netting System), Section 3 (``All
trade data required to be submitted to the Corporation under this
Section must be submitted on a trade-by-trade basis with the
original terms of the trades unaltered. A Member or any of its
Affiliates may not engage in the Pre-Netting of Trades prior to
their submission to the Corporation in contravention of this
section. In addition, a Member or any of its Affiliates may not
engage in any practice designed to contravene the prohibition
against the Pre-Netting of Trades.''), http://dtcc.com/legal/rules_proc/FICC-Government_Security_Division_Rulebook.pdf. See also
Order Granting Approval of a Proposed Rule Change Relating to Trade
Submission Requirements and Pre-Netting, Release No. 34-51908 (June
22, 2005), 70 FR 37450 (June 29, 2005).
---------------------------------------------------------------------------

    NSCC does not expect the proposed rule changes to impact trade
volumes significantly. According to NSCC, the majority of trades are
currently being submitted to NSCC in real-time on a trade-by-trade
basis, and NSCC is operationally capable of managing trade volumes that
are multiple times larger than the historical peak volumes. NSCC's
trade capture application,

Universal Trade Capture, provides contract information to Members in
real-time. Receipt of trade data in real-time will enable NSCC to
record, and report to Members, trade data as it is received by the
marketplaces, thereby promoting intra-day reconciliation of
transactions at the Member level.
    In the wake of recent industry disruptions, industry participants
have been focused on developing controls to address the risks that
arise from technology issues. NSCC believes that technology issues that
could potentially cause significant disruptions and losses have become
more likely in the securities markets that have leveraged technology
advances to move to higher frequency trading environment. A comment
letter submitted to the Commission in advance of its Technology and
Trading Roundtable, held in October 2012, and signed by a number of
industry participants including SROs, broker-dealers, and buy-side
firms, supported this proposed rule change as a crucial component of
the industry controls that could increase market transparency and
ultimately mitigate risks associated with high-frequency trading and
related technology.\11\
---------------------------------------------------------------------------

    \11\ Comment Letter dated Sept. 28, 2012 (http://www.sec.gov/comments/4-652/4652-17.pdf).
---------------------------------------------------------------------------

    As a central counterparty, NSCC contributes to market stability by
interposing itself between counterparties to financial transactions and
thereby reducing the risk faced by market participants. NSCC believes
the proposed rule change will align NSCC's Rules with the trend in risk
mitigation to move towards real-time trade submission and processing.
NSCC believes the proposal will also support NSCC's critical role in
maintaining financial stability by reducing the operational risk that
results from locked-in trade data not being submitted to NSCC in real-
time, particularly from firms that delay trade submission so as to pre-
net their data. For example, receipt of locked-in trade data on a real-
time basis will permit NSCC's risk management processes to monitor
trades closer to trade execution on an intra-day basis, and identify
and manage any issues relating to excessive risk exposure earlier in
the day. According to NSCC, it will also be able to provide safe
storage for real-time trade data, mitigating the risk that an event
that occurs after trade execution and disrupts trade input will
significantly delay completion of those trades or may even cause trade
data to be lost.
    While the proposed rule change will require some QSRs to enhance
their trade submission systems, and could cause increased fees for
those NSCC Members that pre-net their trade data so as to reduce
clearance fees, NSCC believes the significant risk mitigation benefits
of this proposal outweigh any temporary burdens or increased costs that
may result. As a user-owned industry utility and a registered clearing
agency, NSCC believes it must appropriately allocate the costs of its
services in order to maintain a fee schedule that is fair and equitable
among its participants. According to NSCC, enabling Members to persist
in pre-netting practices permits those participants to evade paying
their fair share of NSCC's costs, rendering NSCC's fee schedule, as
currently applied, inequitable to the firms for whom trades are
submitted in real-time without any pre-netting. Further, over the past
few years, NSCC has adjusted its fee schedule to give more weight to
``value transacted'' and less weight to ``units processed,'' which NSCC
believes will reduce the impact of this rule change on Members' fees.
Implementation Timeframe
    If the Commission approves this proposed rule change, Members will
be advised of the implementation date through issuance of an NSCC
Important Notice. The proposed rule change will not be implemented
earlier than seven (7) months from the date of Commission approval.
Proposed Rule Changes
    NSCC proposes to amend Rule 7 (Comparison and Trade Recording
Operation), Procedures II (Trade Comparison and Recording Service), IV
(Special Representative Service) and XIII (Definitions) of its Rules in
order to require that all locked-in trades submitted for trade
recording by SROs and QSRs be submitted on a real-time basis, and to
make clear that locked-in trade data from SROs and QSRs must be
submitted on a trade-by-trade basis, in the original form in which they
are executed, and that pre-netting and similar practices are
prohibited.
    In light of these proposed changes, Addendum N (Interpretation of
the Board of Directors: Locked-In Data From Qualified Special
Representatives) of NSCC's Rules will be deleted, as it will be no
longer relevant.

(B) Clearing Agency's Statement on Comments on the Advance Notice
Received From Members, Participants, or Others

    While written comments relating to the proposed rule change have
not yet been solicited with respect to this filing, the proposed rule
changes described herein were the subject of a prior rule filing that
was filed with the Commission in 2006 as File No. SR-NSCC-2006-04
(``2006 Filing'').\12\ NSCC received a number of public comments to the
2006 Filing. NSCC submitted a public response to each of the comments
in 2006.\13\ The 2006 Filing was officially withdrawn on December 29,
2011.
---------------------------------------------------------------------------

    \12\ Release No. 34-53742 (Apr. 28, 2006), 71 FR 26804 (May 8,
2006).
    \13\ Response Letter from NSCC dated Aug. 18, 2006 (http://www.sec.gov/comments/sr-nscc-2006-04/nscc200604-9.pdf).
---------------------------------------------------------------------------

    (C) Advance Notices Filed Pursuant to Section 806(e) of the
Payment, Clearing and Settlement Supervision Act
Description of Change
    NSCC is proposing to amend its Rules in order to require that all
locked-in trade data submitted to NSCC for trade recording be submitted
promptly after trade execution (or in real- time), and to prohibit pre-
netting and other practices that prevent real-time trade submission.
The proposed rule change is described in detail above.
Anticipated Effect on and Management of Risk
    As described above, the proposed rule change is designed to reduce
the operational, market, and credit risk to both NSCC and it's Members
that results from locked-in trade data not being submitted to NSCC in
real-time. The risk-mitigating effects of this proposal are described
in detail above.

III. Date of Effectiveness of the Advance Notice and Timing for
Commission Action

    The clearing agency may implement the proposed change pursuant to
Section 806(e)(1)(G) of the Clearing Supervision Act \14\ if it has not
received an objection to the proposed change within 60 days of the
later of (i) the date that the Commission received the advance notice
or (ii) the date the Commission receives any further information it
requested for consideration of the notice. The clearing agency shall
not implement the proposed change if the Commission has any objection
to the proposed change.
---------------------------------------------------------------------------

    \14\ 12 U.S.C. 5465(e)(1)(G).
---------------------------------------------------------------------------

    The Commission may extend the period for review by an additional 60
days if the proposed change raises novel or complex issues, subject to
the Commission providing the clearing agency with prompt written notice
of the extension. A proposed change may be implemented in less than 60
days from the date of receipt of the advance

notice, or the date the Commission receives any further information it
requested, if the Commission notifies the clearing agency in writing
that it does not object to the proposed change and authorizes the
clearing agency to implement the proposed change on an earlier date,
subject to any conditions imposed by the Commission. The clearing
agency shall post notice on its Web site of proposed changes that are
implemented.
    The proposal shall not take effect until all regulatory actions
required with respect to the proposal are completed.\15\
---------------------------------------------------------------------------

    \15\ NSCC also filed the proposals contained in this advance
notice as a proposed rule change under Section 19(b)(1) of the
Exchange Act and Rule 19b-4 thereunder. 15 U.S.C. 78s(b)(1); 17 CFR
240.19b-4. Pursuant to Section 19(b)(2) of the Exchange Act,
generally not later than 45 days after the date of publication of
the proposed rule change in the Federal Register or such longer
period up to 90 days if the Commission determines that a longer
period is appropriate and publishes the reasons for such
determination or the self-regulatory organization consents the
Commission will either: (i) by order approve or disapprove the
proposed rule change or (ii) institute proceedings to determine
whether the proposed rule change should be disapproved. 17 U.S.C.
78s(b)(2)(A). See Release No. 34-69571 (May 14, 2013), 78 FR 29408
(May 20, 2013).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-NSCC-2013-805 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-NSCC-2013-805. 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 advance notice that are filed
with the Commission, and all written communications relating to the
advance notice 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 such filings also will be available for inspection
and copying at the principal office of NSCC and on NSCC's Web site at
http://www.dtcc.com/downloads/legal/rule_filings/2013/nscc/SR-NSCC-203-805.pdf 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 No. SR-NSCC-
2013-805 and should be submitted on or before June 26, 2013.

    By the Commission.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-13773 Filed 6-10-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 103 (Wednesday, May 29, 2013)]
[Proposed Rules]
[Pages 32223-32224]
[FR Doc No: 2013-12711]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R06-RCRA-2012-0821; 9817-5]

Oklahoma: Final Authorization of State Hazardous Waste Management
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The State of Oklahoma has applied to EPA for Final
authorization of the changes to its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). EPA proposes to grant
Final authorization to the State of Oklahoma.

In the ``Rules and Regulations'' section of this Federal Register, EPA
is authorizing the changes by an immediate final rule. EPA did not make
a proposal prior to the direct final rule because we believe this
action is not controversial and do not expect comments that oppose it.
We have explained the reasons for this authorization in the preamble to
the direct final rule. Unless we get written comments which oppose this
authorization during the comment period, the direct final rule will
become effective on the date it establishes, and we will not take
further action on this proposal. If we receive comments that oppose
this action, we will withdraw the direct final rule and it will not
take effect. We will then respond to public comments in a later final
rule based on this proposal. You may not have another opportunity for
comment. If you want to comment on this action, you must do so at this
time.

DATES: Send your written comments by June 28, 2013.

ADDRESSES: Send written comments to Alima Patterson, Region 6, Regional
Authorization Coordinator, (6PD-O), Multimedia Planning and Permitting
Division, at the address shown below. You can examine copies of the
materials submitted by the State of Oklahoma during normal business
hours at the following locations: EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733, phone number<PHONE_NUMBER>; or Oklahoma
Department of Environmental Quality, 707 North Robinson, Oklahoma City,
Oklahoma 73101-1677,<PHONE_NUMBER>. Comments may also be submitted
electronically or through hand delivery/courier; please follow the
detailed instructions in the ADDRESSES section of the direct final rule
which is located in the Rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: Alima Patterson<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: For additional information, please see the
immediate final rule published in the ``Rules and Regulations'' section
of this Federal Register.

    Dated: May 2, 2013.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2013-12711 Filed 5-28-13; 8:45 am]
BILLING CODE P


[Federal Register Volume 84, Number 65 (Thursday, April 4, 2019)]
[Notices]
[Pages 13285-13286]
[FR Doc No: 2019-06593]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP18-512-000; Docket No. CP18-513-000]

Corpus Christi Liquefaction Stage III, LLC, Corpus Christi
Liquefaction, LLC, Cheniere Corpus Christi Pipeline, L.P.; Notice of
Availability of The Environmental Assessment for The Proposed Stage 3
Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the Stage
3 Project, proposed by Corpus Christi Liquefaction Stage III, LLC,
Corpus Christi Liquefaction, LLC, and Cheniere Corpus Christi Pipeline,
L.P. (collectively, Cheniere) in the above-referenced dockets. Cheniere
requests authorization to expand the liquefied natural gas (LNG)
liquefaction and storage capacity of the previously approved Corpus
Christi Liquefaction Project (Liquefaction Project) (Docket Nos. CP12-
507-000 and CP12-508-000), as well as to construct and operate a new
interstate natural gas pipeline and associated facilities in San
Patricio County, Texas.
    The EA assesses the potential environmental effects of the
construction and operation of the Stage 3 Project in accordance with
the requirements of the National Environmental Policy Act (NEPA). The
FERC staff concludes that approval of the proposed project, with
appropriate mitigating measures, would not constitute a major federal
action significantly affecting the quality of the human environment.
    The U.S. Army Corps of Engineers, U.S. Environmental Protection
Agency, U.S. Department of Energy, U.S. Department of Transportation,
U.S. Coast Guard, and U.S. Fish and Wildlife Service participated as
cooperating agencies in the preparation of the EA. Cooperating agencies
have jurisdiction by law or special expertise with respect to resources
potentially affected by the proposal and participate in the NEPA
analysis.
    The proposed Stage 3 Project includes the following facilities in
San Patricio County, Texas:
     Addition of seven mid-scale liquefaction trains capable of
producing up to 11.45 million tons per annum of LNG;
     one new 160,000-cubic meter LNG storage tank;
     21 miles of new 42-inch-diameter natural gas pipeline;
     addition of two natural gas compressor units at the
existing Sinton Compressor Station; and
     appurtenant facilities including, meter and regulator
stations, launcher and receiver facilities, and mainline valves.
    The Commission mailed a copy of the Notice of Availability to
federal, state, and local government representatives and agencies;
elected officials; environmental and public interest groups; Native
American tribes; potentially affected landowners and other interested
individuals and groups; and newspapers and libraries in the project
area. The EA is only available in electronic format. It may be viewed
and downloaded from the FERC's website (www.ferc.gov), on the
Environmental Documents page (https://www.ferc.gov/industries/gas/enviro/eis.asp). In addition, the EA may be accessed by using the
eLibrary link on the FERC's website. Click on the eLibrary link
(https://www.ferc.gov/docs-filing/elibrary.asp), click on General
Search, and enter the docket number in the ``Docket Number'' field,
excluding the last three digits (i.e., CP18-512). Be sure you have
selected an appropriate date range. For assistance, please contact FERC
Online Support at [email protected] or toll free at (866) 208-
3676, or for TTY, contact<PHONE_NUMBER>.
    Any person wishing to comment on the EA may do so. Your comments
should focus on EA's disclosure and discussion of potential
environmental effects, reasonable alternatives, and measures to avoid
or lessen environmental impacts. The more specific your comments, the
more useful they will be. To ensure that the Commission has the
opportunity to consider your comments prior to making its decision on
this project, it is important that we receive your comments in
Washington, DC on or before 5:00 p.m. Eastern Time on April 29, 2019.
    For your convenience, there are three methods you can use to file
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected]. Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's website (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can also file your comments electronically using the
eFiling feature on the Commission's website (www.ferc.gov) under the
link to Documents and Filings. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(CP18-512-000 and CP18-513-000) with your submission: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street NE,
Room 1A, Washington, DC 20426.
    Any person seeking to become a party to the proceeding must file a
motion to intervene pursuant to Rule 214 of the

Commission's Rules of Practice and Procedures (18 CFR 385.214). Motions
to intervene are more fully described at http://www.ferc.gov/resources/guides/how-to/intervene.asp. Only intervenors have the right to seek
rehearing or judicial review of the Commission's decision. The
Commission may grant affected landowners and others with environmental
concerns intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which no other
party can adequately represent. Simply filing environmental comments
will not give you intervenor status, but you do not need intervenor
status to have your comments considered.
    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. The eLibrary link
also provides access to the texts of all formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: March 29, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-06593 Filed 4-3-19; 8:45 am]
 BILLING CODE 6717-01-P