Fw: R22 Equipment in Bonded Warehouse

Julius Banks

to:

Carlos.Saa

08/05/2009 09:13 AM

Mr. Saa,

We are currently drafting a final version of the rule that proposed a ban

on the sale and distribution of a/c and refrigeration equipment and

equipment components, such as condensing units, that are pre-charged with

R-22 (www.epa.gov/fedrgstr/EPA-AIR/2008/December/Day-23/a29999.pdf).   As

proposed, no person may sell or distribute air conditioning or

refrigeration equipment (including appliances and equipment components)

that are pre-charged with R-22 as of January 1, 2010.  This proposed ban

includes export of R-22 containing equipment.

I cannot give you a definitive answer until the rule is signed.  EPA

understands the time sensitivity of this important action.   We anticipate

a final version of the rule to be published by late fall.  EPA will post a

copy of the rule on-line (www.epa.gov/ozone/strathome.html) as soon as the

final version can be made public.   Additional information is available at

www.epa.gov/ozone/title6/phaseout/rulesoverview.html and

www.epa.gov/ozone/title6/phaseout/classtwo.html.

Regards,

Julius Banks

Team Lead, Refrigerant Recovery and Recycling Prog.

Stratospheric Protection Division

tel:<PHONE_NUMBER>

fax:<PHONE_NUMBER>

www.epa.gov/ozone/title6/608/608fact.html

----- Forwarded by Louise Miles/DC/USEPA/US on 08/04/2009 04:40 PM -----

From:	"Saa, Carlos               CAR"<EMAIL_ADDRESS> To:	spdcomment@EPA

Date:	08/04/2009 08:22 AM

Subject:	R22 Equipment in Bonded Warehouse

Good Morning,

My inquiry has to do with the R22 phaseout program. We are a Export Only

Distribution Company located in Miami, FL that sells to countries in which

R22 will continue to be used and sold in new equipment. In an effort to

continue the flow of R22 product to the markets we service our plans are

to certify our warehouse as bonded in order to stock R22 HVAC Equipment.

This equipment will not be carried through different states but instead

will be arriving via ocean to the Port of Miami or Everglades and then

brought to our facility in Miami.

Has there been a determination on whether this will be possible? If not,

will this ruling be coming out in the near future? In addition, can you

point me to the right place were I can follow the progress of this

phaseout program?

Best regards,

Carlos Saa

Operations Manager

Carrier Caribbean Region

Miami Florida


[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Notices]
[Page 57625]
[FR Doc No: 2013-22747]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP13-1323-000.
    Applicants: Questar Pipeline Company.
    Description: QPC Statement of Rates to be effective 8/10/2013.
    Filed Date: 9/11/13.
    Accession Number: 20130911-5097.
    Comments Due: 5 p.m. ET 9/23/13.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP13-1223-002.
    Applicants: National Fuel Gas Supply Corporation.
    Description: Errata--ACA 2013--RP13-1223 to be effective 10/1/2013.
    Filed Date: 9/11/13.
    Accession Number: 20130911-5049.
    Comments Due: 5 p.m. ET 9/18/13.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 12, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-22747 Filed 9-18-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Notices]
[Page 51992]
[FR Doc No: 2012-21137]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER12-2449-000.
    Applicants: Entergy Arkansas, Inc., Entergy Mississippi, Inc.,
Entergy Services, Inc.
    Description: EMI-Quantum 2nd Rev. SA 535 to be effective 5/31/2012.
    Filed Date: 8/14/12.
    Accession Number: 20120814-5125.
    Comments Due: 5 p.m. ET 9/4/12.

    Docket Numbers: ER12-2450-000.
    Applicants: PJM Power Marketing LLC.
    Description: Market-Based Rates Tariff to be effective 8/14/2012.
    Filed Date: 8/15/12.
    Accession Number: 20120815-5000.
    Comments Due: 5 p.m. ET 9/5/12.

    Docket Numbers: ER12-2451-000.
    Applicants: El Paso Electric Company.
    Description: El Paso Electric Company submits tariff filing per
35.15: Termination of Rate Schedule No. 110 LGIA with Mescalero Ridge
to be effective 7/16/2012.
    Filed Date: 8/15/12.
    Accession Number: 20120815-5098.
    Comments Due: 5 p.m. ET 9/5/12.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 15, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-21137 Filed 8-27-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: January 16, 2008 (Volume 73, Number 11)]
[Notices]
[Page 2974-2975]
[DOCID:fr16ja08-114]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57116; File No. SR-Phlx-2007-95]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Securities With Restricted Trading Sessions on XLE

January 9, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 31, 2007, the Philadelphia Stock Exchange, Inc. (``Phlx''
or ``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by Phlx. The
Exchange filed the proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule
19b-4(f)(6) thereunder,\4\ which renders it effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Phlx proposes to update the list in Phlx Rule 101 of securities
eligible to trade in one or more, but not all three, of the Exchange's
trading sessions. The securities to be added are: (1) iShares[reg] S&P
Global 100 Index Fund; (2) iShares[reg] S&P Global Consumer
Discretionary Sector Index Fund; (3) iShares[reg] S&P Global Consumer
Staples Sector Index Fund; (4) iShares[reg] S&P Global Energy Sector
Index Fund; (5) iShares[reg] S&P Global Financials Sector Index Fund;
(6) iShares[reg] S&P Global Healthcare Sector Index Fund; (7)
iShares[reg] S&P Global Industrials Sector Index Fund; (8) iShares[reg]
S&P Global Materials Sector Index Fund; (9) iShares[reg] S&P Global
Technology Sector Index Fund; (10) iShares[reg] S&P Global
Telecommunications Sector Index Fund; (11) iShares[reg] S&P Global
Utilities Sector Index Fund; (12) WisdomTree International Basic
Materials Sector Fund; (13) WisdomTree International Communications
Sector Fund; (14) WisdomTree International Consumer Cyclical Sector
Fund; (15) WisdomTree International Consumer Non-Cyclical Sector Fund;
(16) WisdomTree International Energy Sector Fund; (17) WisdomTree
International Financial Sector Fund; (18) WisdomTree International
Health Care Sector Fund; (19) WisdomTree International Industrial
Sector Fund; (20) WisdomTree International Technology Sector Fund; and
(21) WisdomTree International Utilities Sector Fund.\5\ The text of the
proposed rule change is available at Phlx's principal office, the
Commission's Public Reference Room, and http://www.phlx.com.

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

    \5\ NYSEArca, Inc. filed and received approval for a proposed
rule change to expand the trading hours of the securities of certain
exchange-traded funds (``ETFs'') traded on the NYSE Arca Marketplace
to include all three trading sessions. See Securities Exchange Act
Release No. 56627 (October 5, 2007), 72 FR 58145 (October 12, 2007)
(SR-NYSEArca-2007-75). Phlx is not proposing to adopt a similar rule
change at this time. Prior to this, NYSEArca restricted the trading
of certain ETFs, including those referred to in this proposed rule
change, to one or two, but not all three, of its trading sessions.
In this proposed rule change, Phlx is proposing to adopt the same
restricted sessions that NYSEArca had for the named ETFs prior to
the approval of SR-NYSEArca-2007-75.
---------------------------------------------------------------------------

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

    In its filing with the Commission, Phlx 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 those 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule change is to accommodate the
trading of the securities listed above that may not trade during all
three trading sessions on XLE. Phlx Rule 101 provides that XLE shall
have three trading sessions each day: A Pre Market Session (8 a.m.
Eastern Time (``ET'') to 9:30 a.m. ET), a Core Session (9:30 a.m. ET to
4 p.m. or 4:15 p.m. ET), and a Post Market Session (end of Core Session
to 6 p.m. ET). Phlx Rule 101 includes a list of those securities that
are eligible to trade in one or more, but not all three, of XLE's
trading sessions. The Exchange maintains on its Web site (http://www.phlx.com)

a list that identifies all securities traded on XLE that do not trade
for the duration of each of the three sessions specified in Phlx Rule
101. The Exchange proposes to add the above-listed securities to this
list. These securities are traded on the Exchange pursuant to unlisted
trading privileges and are Index Fund Shares described in Phlx Rule
803(l).
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \6\ in general, and furthers the objectives of Section
6(b)(5) of the Act \7\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and in general to protect investors and the public interest.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (1)
Significantly affect

the protection of investors or the public interest; (2) impose any
significant burden on competition; and (3) become operative for 30 days
from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, it has become effective pursuant to Section
19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Phlx has given the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date on which the
Exchange filed the proposed rule change. See 17 CFR 240.19b-
4(f)(6)(iii).
---------------------------------------------------------------------------

    Phlx has requested that the Commission waive the 30-day operative
delay and designate the proposed rule change to become operative
immediately. The Commission believes that granting this request is
consistent with the protection of investors and the public interest
because the Exchange is merely clarifying which securities do not trade
in all three of its trading sessions when such trading hours have been
established pursuant to other proposed rule changes. Therefore, the
Commission designates the proposed rule change as operative upon
filing.\10\
---------------------------------------------------------------------------

    \10\ For the purposes only of waiving the operative date of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in the furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Phlx-2007-95 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2007-95. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Phlx-2007-95 and should be
submitted on or before February 6, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Florence E. Harmon,
Deputy Secretary.
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

 [FR Doc. E8-629 Filed 1-15-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 154 (Wednesday, August 10, 2011)]
[Proposed Rules]
[Pages 49387-49388]
[FR Doc No: 2011-20260]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0750 Airspace Docket No. 11-AAL-08]

Proposed Amendment of Class E Airspace; Umiat, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to revise Class E airspace at Umiat, AK.
The cancellation of two special Instrument Approach Procedures at Umiat
Airport has made the 700 ft transition area no longer necessary.

DATES: Comments must be received on or before September 26, 2011.

ADDRESSES: Send comments on the proposal to the Docket Management
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue,
SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001. You must identify the docket number FAA-2011-0750/Airspace Docket
No. 11-AAL-08 at the beginning of your comments. You may also submit
comments on the Internet at http://www.regulations.gov. You may review
the public docket containing the proposal, any comments received, and
any final disposition in person in the Dockets Office between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. The Docket
Office (telephone 1-800-647-5527) is on the plaza level of the
Department of Transportation NASSIF Building at the above address.
    An informal docket may also be examined during normal business
hours at the office of the Manager, Safety, Alaska Flight Service
Operations, Federal Aviation Administration, 222 West 7th Avenue, Box
14, Anchorage, AK 99513-7587.

FOR FURTHER INFORMATION CONTACT: Martha Dunn, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/fs/alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2011-0750/
Airspace Docket No. 11-AAL-08.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this notice may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    Additionally, any person may obtain a copy of this notice by
submitting a request to the Federal Aviation Administration, Office of
Air Traffic Airspace Management, ATA-400, 800 Independence Avenue, SW.,
Washington, DC 20591 or by calling<PHONE_NUMBER>. Communications must
identify both docket numbers for this notice. Persons interested in
being placed on a mailing list for future NPRMs should contact the
FAA's Office of Rulemaking,<PHONE_NUMBER>, to request a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, which describes the application procedure.

The Proposal

    This action proposes to amend Title 14 Code of Federal Regulations
(14 CFR) part 71 by revising Class E airspace at the Umiat Airport, in
Umiat, AK, by eliminating the 700 ft. transition area. The cancellation
of two special instrument approach procedures makes the 700 ft.
transition area no longer necessary.
    Class E airspace areas designated as 700 and 1200 foot transition
areas are published in paragraph 6005 in FAA Order 7400.9U, Airspace
Designations and Reporting Points, signed August 18, 2010, and
effective September 15, 2010, which is incorporated by reference in 14
CFR 71.1. The airspace listed in this document would be subsequently
published in that Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Because this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle 1, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it proposes to revise Class E airspace at the Umiat Airport, Umiat, AK,
and represents the FAA's continuing effort to safely and efficiently
use the navigable airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9U, Airspace Designations and
Reporting Points, signed August 18, 2010, and effective September 15,
2010, is to be amended as follows:
* * * * *

Paragraph 6005 Class E airspace extending upward from 700 feet or
more above the surface of the earth.

* * * * *

AAL AK E5 Umiat, AK [Revised]

Umiat Airport, AK
    (Lat. 69[deg]22'16'' N., long. 152[deg]08'06'' W.)

    That airspace extending upward from 1,200 feet above the surface
with a 73-mile radius of the Umiat Airport, Alaska.
* * * * *

    Issued in Anchorage, AK, on July 26, 2011.
Michael A. Tarr,
Manager, Alaska Flight Services .
[FR Doc. 2011-20260 Filed 8-9-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 49 (Tuesday, March 14, 2023)]
[Rules and Regulations]
[Pages 15604-15606]
[FR Doc No: 2023-05082]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1303; Project Identifier MCAI-2022-01001-G;
Amendment 39-22372; AD 2023-05-03]
RIN 2120-AA64

Airworthiness Directives; Alexander Schleicher GmbH & Co.
Segelflugzeugbau Gliders

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-14-
14, which applied to all Alexander Schleicher GmbH & Co.
Segelflugzeugbau Model ASW-15 gliders. AD 2022-14-14 required
repetitively inspecting the wing root ribs for cracks, looseness, and
damage and replacing any root rib with a crack, a loose rib or lift pin
bushing, or any damage. Since the FAA issued AD 2022-14-14, the
European Union Aviation Safety Agency (EASA) superseded its mandatory
continuing airworthiness information (MCAI) to add all Model ASW-15B
gliders to the applicability. This AD is prompted by MCAI originated by
an aviation authority of another country to identify and correct an
unsafe condition on an aviation product. This AD retains the
requirements from AD 2022-14-14 of repetitively inspecting the wing
root ribs for cracks, looseness, and damage and replacing any root rib
with a crack, a loose rib or lift pin bushing or any damage; and
revises the applicability by adding Model ASW-15B gliders and
specifying that this AD applies to all Model ASW-15 and ASW-15B gliders
equipped with wooden wing root ribs. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective April 18, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 18,
2023.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of August
25, 2022 (87 FR 43403, July 21, 2022).

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1303; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, any comments received, the MCAI, and
other information. The address for Docket Operations is U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule,
contact Alexander Schleicher GmbH & Co. Segelflugzeugbau, Alexander-
Schleicher-Str. 1, Poppenhausen, Germany D-36163; phone: +49 (0) 06658
89-0; email: [email protected]; website: alexander-
schleicher.de.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available at
regulations.gov under Docket No. FAA-2022-1303.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety
Engineer, General Aviation & Rotorcraft Section, International
Validation Branch, FAA, 901 Locust, Room 301, Kansas City, MO 64106;
phone:<PHONE_NUMBER>; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2022-14-14, Amendment 39-22119 (87 FR
43403, July 21, 2022) (AD 2022-14-14). AD 2022-14-14 applied to all
serial-numbered Alexander Schleicher GmbH & Co. Segelflugzeugbau Model
ASW-15 gliders. AD 2022-14-14 required repetitively inspecting the wing
root ribs for cracks, looseness, and damage and replacing any root rib
with a crack, a loose rib or lift pin bushing, or any damage. The FAA
issued AD 2022-14-14 to detect and correct damaged root ribs.
    The NPRM published in the Federal Register on October 26, 2022 (87
FR 64734; corrected November 10, 2022 (87 FR 67837)). The NPRM was
prompted by EASA AD 2022-0146, dated July 11, 2022 (EASA AD 2022-0146)
(referred to after this as ``the MCAI''), issued by EASA, which is the
Technical Agent for the Member States of the European Union. The MCAI
states that wing root rib damage can also affect Model ASW-15B gliders,
and the Model ASW-15B as well as the ASW-15 gliders require
repetitively inspecting the wing root ribs and replacing any damaged
wing root ribs. You may examine the MCAI in the AD docket at
regulations.gov under Docket No. FAA-2022-1303.
    In the NPRM, the FAA proposed to retain the requirements from AD
2022-14-14 of repetitively inspecting the wing root ribs for cracks,
looseness, and damage and replacing any root rib with a crack, a loose
rib or lift pin bushing, or any damage; and add the Model ASW-15B
gliders to the applicability.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from three individual commenters. The
following presents the comments received on the NPRM and the FAA's
response to each comment.

Request Regarding Applicability

    Three individual commenters requested that the FAA change the
applicability of the proposed AD to specify that only Model ASW-15 and
ASW-15B gliders equipped with

wooden wing root ribs would be affected. The commenters stated that
EASA AD 2022-0146 and Alexander Schleicher GmbH & Co. Segelflugzeugbau
ASW 15 Technical Note 29, Issue II, dated May 4, 2022 (TN 29, Issue
II), are for all models and serial numbers of ASW 15 gliders built with
wooden wing root ribs and that in the proposed AD the FAA did not
specify that only gliders equipped with wooden wing root ribs would be
affected.
    The FAA agrees. The FAA revised paragraph (c), Applicability, of
this AD to specify Alexander Schleicher GmbH & Co. Segelflugzeugbau
Model ASW-15 and ASW-15B gliders, all serial numbers, certificated in
any category, equipped with wooden wing root ribs.

Request Regarding On-Condition Costs

    An individual commenter requested that the FAA increase the
proposed work-hour estimates in the NPRM for replacing all wing root
ribs. The individual stated that the estimate of 8 work-hours to
replace all wing root ribs is a significant underestimate.
    The FAA agrees. The FAA researched the work-hour estimate for
replacing all four wing root ribs and has since determined that it
should be an estimate of 55 work-hours. Based on this information, the
FAA revised the on-condition cost estimate in this final rule to
include 55 work-hours for the replacement of all four wing root ribs.

Conclusion

    These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA reviewed the relevant data,
considered the comments received, and determined that air safety
requires adopting this AD as proposed. Accordingly, the FAA is issuing
this AD to address the unsafe condition on these products. Except for
any changes described previously, this AD is adopted as proposed in the
NPRM.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Alexander Schleicher GmbH & Co. Segelflugzeugbau
ASW 15 Technical Note 29, Issue II, dated May 4, 2022 (TN 29, Issue
II). This service information specifies replacement of wooden wing root
ribs with new ribs.
    This AD also requires Alexander Schleicher GmbH & Co.
Segelflugzeugbau ASW 15 Technical Note 29, dated June 28, 2021;
Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15 Repair
instruction exchange of wing root ribs according to TN 29, dated June
28, 2021; and Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15
Maintenance Instruction G, Issue 1, dated June 28, 2021, which the
Director of the Federal Register approved for incorporation by
reference as of August 25, 2022 (87 FR 43403, July 21, 2022).
    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 ADDRESSES.

Differences Between This AD and the Service Information

    TN 29, Issue II, specifies the exchange of page 22A and page 27A of
the Flight and Operations Manual for the Model ASW-15 and ASW-15B
gliders, respectively, with a new version of those pages and then
specifies documenting this change on page 3, Amendments, of the
respective manual, and the MCAI and this AD do not.

Costs of Compliance

    The FAA estimates that this AD affects 29 gliders of U.S. registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
            Action                  Labor cost            Parts cost          Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Inspection of root ribs.......  1 work-hour x $85  Not Applicable..........  $85 per            $2,465 per
                                 per hour = $85.                              inspection cycle.  inspection
                                                                                cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary
replacements that would be required based on the results of the
inspection. The agency has no data to determine the number of gliders
that might need these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace all four root ribs....................  55 work-hours x $85 per hour =            $1,000          $5,675
                                                 $4,675.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

    The FAA has 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 that this AD:

    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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:
0
a. Removing Airworthiness Directive AD 2022-14-14, Amendment 39-22119
(87 FR 43403, July 21, 2022); and
0
b. Adding the following new airworthiness directive:

2023-05-03 Alexander Schleicher GmbH & Co. Segelflugzeugbau:
Amendment 39-22372; Docket No. FAA-2022-1303; Project Identifier
MCAI-2022-01001-G.

(a) Effective Date

    This airworthiness directive (AD) is effective April 18, 2023.

(b) Affected ADs

    This AD replaces AD 2022-14-14, Amendment 39-22119 (87 FR 43403,
July 21, 2022) (AD 2022-14-14).

(c) Applicability

    This AD applies to Alexander Schleicher GmbH & Co.
Segelflugzeugbau Model ASW-15 and ASW-15B gliders, all serial
numbers, certificated in any category, equipped with wooden wing
root ribs.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5712, Wing, Rib/
Bulkhead.

(e) Unsafe Condition

    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 wing root rib
damage. The FAA is issuing this AD to detect and correct damaged
root ribs. The unsafe condition, if not addressed, could result in
reduced structural integrity of the wing assembly, which could lead
to loss of control of the glider.

(f) Compliance

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

(g) Required Actions

    (1) For Model ASW-15 gliders: Within 30 days after August 25,
2022 (effective date of AD 2022-14-14), and thereafter at intervals
not to exceed 12 months, inspect all wing root ribs (4 places) for
cracks, looseness, and damage, in accordance with the Action section
in Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15
Maintenance Instruction G, Issue 1, dated June 28, 2021. If there is
a crack in any root rib, a loose rib or lift pin bushing, or any
damage, before further flight, replace the root rib in accordance
with Action paragraph (B) in Alexander Schleicher GmbH & Co.
Segelflugzeugbau ASW 15 Technical Note 29, dated June 28, 2021, and
steps 1 through 7 in Alexander Schleicher GmbH & Co.
Segelflugzeugbau ASW 15 Repair instruction exchange of wing root
ribs according to TN 29, dated June 28, 2021; or Action paragraph
(C) in Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15
Technical Note 29, Issue II, dated May 4, 2022, and steps 1 through
7 in Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15 Repair
instruction exchange of wing root ribs according to TN 29, dated
June 28, 2021.
    (2) For Model ASW-15B gliders: Within 30 days after the
effective date of this AD and thereafter at intervals not to exceed
12 months, inspect all wing root ribs (4 places) for cracks,
looseness, and damage, in accordance with the Action section in
Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15 Maintenance
Instruction G, Issue 1, dated June 28, 2021. If there is a crack in
any root rib, a loose rib or lift pin bushing, or any damage, before
further flight, replace the root rib in accordance with Action
paragraph (C) in Alexander Schleicher GmbH & Co. Segelflugzeugbau
ASW 15 Technical Note 29, Issue II, dated May 4, 2022, and steps 1
through 7 in Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15
Repair instruction exchange of wing root ribs according to TN 29,
dated June 28, 2021.
    (3) For Model ASW-15 and ASW-15B gliders: Replacing all four
wing root ribs with new ribs is terminating action for the
repetitive inspections required by this AD.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in Sec.  39.19. In accordance with Sec.  39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the International Validation Branch, mail
it to the address identified in paragraph (i)(2) of this AD or email
to: [email protected]. If mailing information, also submit
information by email. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office.

(i) Additional Information

    (1) Refer to European Union Aviation Safety Agency (EASA) AD
2022-0146, dated July 11, 2022, for related information. This EASA
AD may be found in the AD docket at regulations.gov under Docket No.
FAA-2022-1303.
    (2) For more information about this AD, contact Jim Rutherford,
Aviation Safety Engineer, General Aviation & Rotorcraft Section,
International Validation Branch, FAA, 901 Locust, Room 301, Kansas
City, MO 64106; phone:<PHONE_NUMBER>; email:
[email protected].

(j) 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.
    (3) The following service information was approved for IBR on
April 18, 2023.
    (i) Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15
Technical Note 29, Issue II, dated May 4, 2022.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
August 25, 2022 (87 FR 43403, July 21, 2022).
    (i) Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15
Maintenance Instruction G, Issue 1, dated June 28, 2021.
    (ii) Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15
Repair instruction exchange of wing root ribs according to TN 29,
dated June 28, 2021.
    (iii) Alexander Schleicher GmbH & Co. Segelflugzeugbau ASW 15
Technical Note 29, dated June 28, 2021.
    (5) For service information identified in this AD, contact
Alexander Schleicher GmbH & Co. Segelflugzeugbau, Alexander-
Schleicher-Str. 1, Poppenhausen, Germany D-36163; phone: +49 (0)
06658 89-0; email: [email protected]; website: alexander-
schleicher.de.
    (6) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (7) 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, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 5, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-05082 Filed 3-13-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Notices]
[Pages 21787-21790]
[FR Doc No: 2019-09997]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0386]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Registration and
Product Listing for Owners and Operators of Domestic Tobacco Product
Establishments and Listing of Ingredients in Tobacco Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995 (PRA).

DATES: Fax written comments on the collection of information by June
14, 2019.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
Fax:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0650.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations,

Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Registration and Product Listing for Owners and Operators of Domestic
Tobacco Product Establishments and Listing of Ingredients in Tobacco
Products

OMB Control Number 0910-0650--Extension

    On June 22, 2009, the Family Smoking Prevention and Tobacco Control
Act (Tobacco Control Act) (Pub. L. 111-31) was signed into law. The
Tobacco Control Act amended the Federal Food, Drug, and Cosmetic Act
(FD&C Act) by adding, among other things, a chapter granting FDA
important authority to regulate the manufacture, marketing, and
distribution of tobacco products to protect the public health generally
and to reduce tobacco use by minors. The Tobacco Control Act created
new requirements for the tobacco industry. Section 101 of the Tobacco
Control Act amended the FD&C Act by adding sections 905 and 904 (21
U.S.C. 387e and 387d).
    Section 905 of the FD&C Act requires the annual registration of any
``establishment in any State engaged in the manufacture, preparation,
compounding, or processing of a tobacco product or tobacco products.''
Section 905 requires this registration be completed by December 31 of
each year. The Secretary of Health and Human Services (Secretary) has
delegated to the Commissioner of Food and Drugs the responsibility for
administering the FD&C Act, including section 905. Section 905 of the
FD&C Act requires owners or operators of each establishment to
register: (1) Their name; (2) places of business; (3) a list of all
tobacco products that are manufactured by that person; (4) a copy of
all labeling and a reference to the authority for the marketing of any
tobacco product subject to a tobacco product standard under section 907
of the FD&C Act (21 U.S.C. 387g) or to premarket review under section
910 of the FD&C Act (21 U.S.C. 387j); (5) a copy of all consumer
information and other labeling; (6) a representative sampling of
advertisements; (7) upon request made by the Secretary for good cause,
a copy of all advertisements for a particular tobacco product; and (8)
upon request made by the Secretary, if the registrant has determined
that a tobacco product contained in the product list is not subject to
a tobacco product standard established under section 907 of the FD&C
Act, a brief statement of the basis upon which the registrant made such
determination.
    FDA collects the information submitted pursuant to section 905 of
the FD&C Act through an electronic portal, and through paper forms
(Forms FDA 3741 and FDA 3741a) for those individuals who choose not to
use the electronic portal.
    FDA has also published a guidance for industry entitled
``Registration and Product Listing for Owners and Operators of Domestic
Tobacco Product Establishments'' (https://www.fda.gov/downloads/TobaccoProducts/Labeling/RulesRegulationsGuidance/UCM191940.pdf). This
guidance is intended to assist persons making tobacco product
establishment registration and product listing submissions to FDA.
    Section 904(a)(1) of the FD&C Act requires that each tobacco
product manufacturer or importer submit ``a listing of all ingredients,
including tobacco, substances, compounds, and additives that are, as of
such date, added by the manufacturer to the tobacco, paper, filter, or
other part of each tobacco product by brand and by quantity in each
brand and subbrand'' by December 22, 2009. This section applies only to
those tobacco products manufactured and distributed before June 22,
2009, and which are still manufactured as of the date of the ingredient
listing submission.
    Section 904(c) of the FD&C Act requires that a tobacco product
manufacturer: (1) Provide all information required under section 904(a)
of the FD&C Act to FDA ``at least 90 days prior to the delivery for
introduction into interstate commerce of a tobacco product not on the
market on the date of enactment'' of the Tobacco Control Act; (2)
advise FDA in writing at least 90 days prior to adding any new tobacco
additive or increasing in quantity an existing tobacco additive, except
for those additives that have been designated by FDA through regulation
as not a human or animal carcinogen, or otherwise harmful to health
under intended conditions of use; and (3) advise FDA in writing at
least 60 days prior to eliminating or decreasing an existing additive,
or adding or increasing an additive that has been designated by FDA
through regulation as not a human or animal carcinogen, or otherwise
harmful to health under intended conditions of use.
    FDA collects the information submitted pursuant to sections
904(a)(1) and (c) of the FD&C Act through an electronic portal, and
through a paper form (Form FDA 3742) for those individuals who choose
not to use the electronic portal.
    In addition to the development of the electronic portal and paper
form, FDA published a guidance entitled ``Listing of Ingredients in
Tobacco Products.'' This guidance is intended to assist persons making
tobacco product ingredient listing submissions. FDA also provides a
technical guide, embedded hints, and a web tutorial to the electronic
portal.
    The Tobacco Control Act also gave FDA the authority to issue a
regulation deeming all other products that meet the statutory
definition of a tobacco product to be subject to chapter 9 of the FD&C
Act (section 901(b) (21 U.S.C. 387a(b)). On May 10, 2016, FDA issued
that rule, extending FDA's tobacco product authority to all products
that meet the definition of tobacco product in the law (except for
accessories of newly regulated tobacco products), including electronic
nicotine delivery systems, cigars, hookah, pipe tobacco, nicotine gels,
dissolvables that were not already subject to the FD&C Act, and other
tobacco products that may be developed in the future (81 FR 28974 at
28976) (``the final deeming rule'').
    In the Federal Register of October 23, 2018 (83 FR 53478), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. Two comments were received; however, neither
were PRA related.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Number of
    FDA form/activity/FD&C act section         Number of     responses per   Total annual            Average burden per response            Total hours
                                              respondents     respondent       responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tobacco Product Establishment Initial                  100               1             100  1.6.........................................             160
 Registration and Listing; Form FDA 3741
 Registration and Product Listing for
 Owners and Operators of Domestic
 Establishments (Electronic and Paper
 submissions); Section 905(b), (c), (d),
 (h), or (i).
Tobacco Product Establishment Renewal                3,578               1           3,578  0.16 (10 minutes)...........................             572
 Registration and Listing; Form FDA 3741
 Registration and Product Listing for
 Owners and Operators of Domestic
 Establishments (Electronic and Paper
 submissions); Section 905(b), (c), (d),
 (h), or (i).
Tobacco Product Listing; Form FDA 3742                  10               1              10  2...........................................              20
 Listing of Ingredients (Electronic and
 Paper submissions); Section 904(a)(1).
Tobacco Product Listing; Form FDA 3742                  35               2              70  0.40 (24 minutes)...........................              28
 Listing of Ingredients (Electronic and
 Paper submissions); Section 904(c).
Obtaining a Dun and Bradstreet D-U-N-S                 100               1             100  0.5 (30 minutes)............................              50
 Number.
                                           -------------------------------------------------------------------------------------------------------------
    Total.................................  ..............  ..............  ..............  ............................................             830
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    The PRA burden estimates have been updated to fully incorporate the
use of an electronic system known as FURLS for submitting registration
and product listing information to FDA. With the FURLS, manufacturers
can enter information quickly and easily. For example, product label
pictures can be uploaded directly. We anticipate that most, if not all
companies, already have electronic versions of their labels for
printing, sales, or marketing purposes.
    Product listing information is provided at the time of
registration. Currently, registration and listing requirements only
apply to domestic establishments engaged in the manufacture,
preparation, compounding, or processing of a tobacco product. This
includes importers to the extent that they engage in the manufacture,
preparation, compounding, or processing of a tobacco product, including
repackaging or otherwise changing the container, wrapper, or labeling
of any tobacco product package. Foreign establishments are not required
to register and list until FDA issues regulations establish such
requirements in accordance with section 905(h) of the FD&C Act. To
account for the foregoing, we include both domestic manufacturing
establishments and importers in our estimates.
    Because the deadline for initial establishment registration and
product listing for both statutorily regulated and deemed products has
passed, FDA estimates that few (up to 100) new establishments will
submit 1 initial establishment registration and product listing report
each year. Such new establishments potentially include new vape shop
locations that mix or assemble products on the market as of the final
deeming rule effective date. The Agency estimates that up to 100
tobacco establishments will each submit 1 initial establishment
registration and product listing report each year, which is expected to
take 1.6 hours, for a total 160 burden hours.
    FDA estimates that the confirmation or updating of establishment
registration and product listing information as required by section 905
of the FD&C Act will take 10 minutes annually per confirmation or
update per establishment. Based on FDA's experience with current
establishment registration and product listings submitted to the
Agency, the Agency estimates that on average 3,578 establishments will
each submit 1 confirmation or updated report each year, which is
expected to take 0.16 hour (10 minutes) for a total 572 burden hours.
    FDA estimates that we have received most tobacco product ingredient
submissions for large manufacturers of deemed products. Small
manufacturers' deadline for ingredient submissions is November 2018.
This is based on the counts we have to date (July 2018), including
statutorily regulated products (based on information in our tracking
system).
    FDA estimates that the submission of ingredient listings required
by section 904(a)(1) of the FD&C Act for each establishment will take 2
hours initially. Because this burden estimate covers a timeframe of 3
years, we anticipate almost all section 904(a)(1) tobacco ingredient
submissions to have been received before the expiration of the current
approval (prior to November 8, 2018, for small manufacturers and for
large manufacturers, May 8, 2018). We are estimating approximately 30
manufacturers may miss their deadline. This is based on estimates of
how many large manufacturers we are aware of that have missed their
deadline. Because this burden estimate covers 3 years, we are dividing
by 3, to yield 10 respondents as a yearly average for this estimate.
Therefore, FDA estimates that 10 establishments will initially submit 1
report annually at 2 hours per report, for a total of 20 hours.
    Submissions under 904(c) of the FD&C Act are for any new product
that is not yet on the market (e.g., if on the market due to deeming
compliance period); newly deemed product manufacturers should have
submitted under section 904(a)(1) of the FD&C Act. This includes any
statutorily regulated product that would receive a marketing
authorization and any new deemed product not subject to the deeming
compliance period. For deemed product categories, while we anticipate
receiving a large number of premarket applications, there is a portion
of these applicants who will have reported their

ingredients under section 904(a)(1) as most of these submissions are
expected to be for products subject to the deeming compliance period.
    Based on FDA's experience and the actual number of product
ingredient listings submitted over the past 3 years, FDA estimates that
35 establishments will each submit 2 reports (1 every 6 months). FDA
also estimates that the confirmation or updating of product
(ingredient) listing information required by section 904(c) of the FD&C
Act is expected to take 0.40 hour (24 minutes) and will take 48 minutes
annually for two confirmations or updates per establishment, for a
total 28 burden hours. FDA estimates that obtaining a DUNS (data
universal numbering system) number will take 30 minutes. FDA assumes
that all new establishment facilities that will be required to
initially register under section 905 of the FD&C Act would obtain a
DUNS number. FDA estimates that up to 100 establishments would need to
obtain this number each year. The total industry burden to obtain a
DUNS number is 50 hours.
    FDA estimates the total burden for this collection to be 830 hours.
We have adjusted our burden estimate, which has resulted in a decrease
of 93,086 hours to the currently approved burden. Based on data we
reviewed from the past 3 years and projecting the number of remaining
establishments that have not registered and submitted product
ingredient listings, we revised the number of respondents and burden
hours in this information collection.

    Dated: May 9, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-09997 Filed 5-14-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)]
[Rules and Regulations]
[Pages 47113-47115]
[FR Doc No: 2017-21868]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0801]
RIN 1625-AA00

Safety Zone; Atlantic Intracoastal Waterway, Socastee, SC

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule; request for comments.

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SUMMARY: The Coast Guard is establishing an intermittent safety zone
related to ongoing construction of South Carolina Highway 31 (SC-31)
Bridge located in Socastee, SC on the Atlantic Intracoastal Waterway at
mile marker 372.3. The temporary safety zone will be set one day per
week during overhead construction operations. The safety zone is needed
to ensure the safety of persons, vessels, and the marine environment
from potential hazards created by the bridge construction. Details for
specific dates and times will be relayed via Sector Charleston Marine
Safety Information Bulletin and Seventh District Local Notice Mariners.
Entry of vessels or persons into these zones is prohibited unless
specifically authorized by the Captain of the Port Charleston or a
designated representative. We invite your comments on this rulemaking.

DATES: This rule is effective from October 11, 2017 until March 19,
2018. Comments and related materials must be received by the Coast
Guard on or before November 13, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0801 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments. To view documents mentioned in
this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2017-0801 in the ``SEARCH'' box and
click ``SEARCH.'' Click on Open Docket Folder on the line associated
with this rule.

FOR FURTHER INFORMATION CONTACT: Lieutenant Justin Heck, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email<EMAIL_ADDRESS>
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
OMB Office of Management and Budget

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is needed to respond
to the potential safety hazards associated with bridge construction
operations that are scheduled to begin on October 16, 2017. The Coast
Guard was initially notified of the need for a safety zone on August 8,
2017. Hurricane Irma impacted the timeline for commencement of the
project and the Coast Guard received updated plans for the construction
operations on September 18, 2017. Therefore, publishing an NPRM is
impracticable and contrary to public interest.
    Under 5 U.S.C. 553(d)(3), and for the same reasons stated above,
the Coast Guard finds that good cause exists for making this rule
effective less than 30 days after publication in the Federal Register.

III. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material

received during the comment period. Your comment can help shape the
outcome of this rulemaking. If you submit a comment, please include the
docket number for this rulemaking, indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice. Documents
mentioned in this NPRM as being available in the docket, and all public
comments, will be in our online docket at http://www.regulations.gov
and can be viewed by following that Web site's instructions.
Additionally, if you go to the online docket and sign up for email
alerts, you will be notified when comments are posted or a final rule
is published.

IV. 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 Charleston has determined that potential
hazards associated with the bridge construction starting October 16,
2017 will be a safety concern for anyone within a 200-yard radius of
the bridge, vessels, and machinery. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone while the construction is in progress.

V. Discussion of the Rule

    This rule establishes an intermittent safety zone related to
construction of the South Carolina Highway 31 (SC-31) Bridge located in
Socastee, SC on the Atlantic Intracoastal Waterway at mile marker
372.3. The temporary safety zone will be set during overhead
construction operations starting October 16, 2017 and ending March 19,
2018. The safety zone is scheduled to take place one day per week
between 7 a.m. and 4 p.m. The safety zone is needed to ensure the
safety of persons, vessels, and the marine environment from potential
hazards created by the bridge construction. The safety zone will cover
all navigable waters within 200 yards of the bridge, vessels, and
machinery. No vessel or person will be permitted to enter, transit
through, anchor in, or remain within the safety zone without first
obtaining permission from the Captain of the Port Charleston or a
designated representative. If authorization to enter, transit through,
anchor in, or remain within the safety zone is granted by the Captain
of the Port Charleston or a designated representative, all persons and
vessels receiving such authorization must comply with the instructions
of the Captain of the Port Charleston or a designated representative.
The Coast Guard will provide notice of the safety zone by Local Notice
to Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.

VI. 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 the following
reasons: (1) Although persons and vessels may not enter, transit
through, anchor in, or remain within the safety zone without
authorization from the Captain of the Port Charleston or a designated
representative, they may operate in the surrounding area during the
enforcement period; and (2) the Coast Guard will provide advance
notification of the safety zone to the local maritime community by
Local Notice to Mariners and Broadcast Notice to Mariners

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 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
VI.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 Order
13132.
    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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 an intermittent safety zone that will prohibit persons
and vessels from entering, transiting through, anchoring in, or
remaining within a limited area surrounding the SC-31 Bridge on the
Atlantic Intracoastal Water Way. This rule is categorically excluded
from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. 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, 160.5; and Department of Homeland Security Delegation No.
0170.

0
2. Add Sec.  165.T07-0801 to read as follows:

Sec.  165.T07-0801   Safety Zone; Atlantic Intracoastal Waterway,
Socastee, SC

    (a) Location. All waters of the Atlantic Intracoastal Waterway
encompassed within a 200-yard radius of South Carolina Highway 31 (SC-
31) Bridge located in Socastee, SC on the Atlantic Intracoastal
Waterway at mile marker 372.3, and vessels or machinery associated with
the construction.
    (b) Definition. The term ``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
Captain of the Port Charleston 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 unless authorized by the Captain of the Port Charleston
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Charleston 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 by the Captain of the Port Charleston or
a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Enforcement period. This rule will be enforced one day per week
from October 16, 2017 through March 19, 2018, during construction
activities. Details for specific dates and times will be relayed via
Sector Charleston Marine Safety Information Bulletin and Seventh
District Local Notice to Mariners.

    Dated: October 3, 2017.
John W. Reed,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2017-21868 Filed 10-10-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 135 (Wednesday, July 15, 2015)]
[Notices]
[Pages 41547-41548]
[FR Doc No: 2015-17331]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2001-9258; FMCSA-2005-21254; FMCSA-2009-0121]

Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
5 individuals. FMCSA has statutory authority to exempt individuals from
the vision requirement if the exemptions granted will not compromise
safety. The Agency has concluded that granting these exemption renewals
will provide a level of safety that is equivalent to or greater than
the level of safety maintained without the exemptions for these
commercial motor vehicle (CMV) drivers.

DATES: This decision is effective August 10, 2015. Comments must be
received on or before August 14, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-2001-
9258; FMCSA-2005-21254; FMCSA-2009-0121], using any of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Carrier, Driver and Vehicle Safety Standards,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-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 procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

II. Exemption Decision

    This notice addresses 5 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 5 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Donald M. Jenson (SD)
Dennis D. Lesperance (OR)
Dean A. Maystead (MI)
Carl V. Murphy, Jr. (TX)
Mark A. Pirl (NC)

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 5 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (66 FR 17743; 66 FR 33990; 68 FR 35772; 70 FR 30999; 70 FR
33937; 70 FR 46567; 72 FR 32705; 72 FR 40359; 74 FR 26461; 74 FR 26464;
74 FR 34074; 74 FR 34620; 76 FR 44653; 79 FR 4531). Each of these 5
applicants has requested renewal of the exemption and has submitted
evidence showing that the vision in the better eye continues to meet
the requirement specified at 49 CFR 391.41(b)(10) and that the vision
impairment is stable. In addition, a review of each record of safety
while driving with the respective vision deficiencies over the past two
years indicates each applicant continues to meet the vision exemption
requirements.
    These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each
renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

IV. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2001-9258; FMCSA-2005-21254; FMCSA-2009-0121), 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 the Agency can contact you
if it has questions regarding your submission.
    To submit your comment online, got to http://www.regulations.gov
and put the docket number, ``FMCSA-2001-9258; FMCSA-2005-21254; FMCSA-
2009-0121'' in the ``Keyword'' box, and click ``Search.'' When the new
screen appears, click on ``Comment Now!'' button and type your comment
into the text box in 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
and may change this notice based on your comments.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov and in the search box insert the docket number,
``FMCSA-2001-9258; FMCSA-2005-21254; FMCSA-2009-0121'' in the
``Keyword'' box and click ``Search.'' Next, click ``Open Docket
Folder'' button choose the document listed to review. If you do not
have access to the Internet, you may view the docket online by visiting
the Docket Management Facility in Room W12-140 on the ground floor of
the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC
20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except
Federal holidays.

    Issued on: July 7, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-17331 Filed 7-14-15; 8:45 am]
 BILLING CODE 4910-EX-P