61......................................              60           2.390
64......................................              63           2.387
80......................................              79           2.374
96......................................              95           2.366
100.....................................              99           2.365
------------------------------------------------------------------------

III. Documentation

    The analytical method used must be specifically identified by
number or title and the MDL for each analyte expressed in the
appropriate method reporting units. Data and calculations used to
establish the MDL must be able to be reconstructed upon request. The
sample matrix used to determine the MDL must also be identified with
MDL value. Document the mean spiked and recovered analyte levels
with the MDL. The rationale for removal of outlier results, if any,
must be documented and maintained on file with the results of the
MDL determination.

[FR Doc. 2017-17271 Filed 8-25-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 78 (Wednesday, April 23, 2014)]
[Proposed Rules]
[Pages 22602-22604]
[FR Doc No: 2014-09257]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0008; FRL-9907-39]

Receipt of Several Pesticide Petitions Filed for Residues of
Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petitions and request for comment.

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SUMMARY: This document announces the Agency's receipt of several
initial filings of pesticide petitions requesting the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before May 23, 2014.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition number (PP) of interest as shown
in the body of this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Lois Rossi, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
    [emsp14]Crop production (NAICS code 111).
    [emsp14]Animal production (NAICS code 112).
    [emsp14]Food manufacturing (NAICS code 311).
    [emsp14]Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed at the end of
the pesticide petition summary of interest.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What action is the agency taking?

    EPA is announcing its receipt of several pesticide petitions filed
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, requesting the establishment or modification of
regulations in 40 CFR part 180 for residues of pesticide chemicals in
or on various food commodities. The Agency is taking public comment on
the requests before responding to the petitioners. EPA is not proposing
any particular action at this time. EPA has determined that the
pesticide petitions described in this document contain the data or
information prescribed in FFDCA section 408(d)(2); however, EPA has not
fully evaluated the sufficiency of the submitted data at this time or
whether the data support granting of the pesticide petitions. After
considering the public comments, EPA intends to evaluate whether and
what action may be warranted. Additional data may be needed before EPA
can make a final determination on these pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions
that are the subject of this document, prepared by the petitioner, is
included in a docket EPA has created for each rulemaking. The docket
for each of the petitions is available at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA
is publishing notice of the petition so that the public has an
opportunity to comment on this request for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petition may be obtained
through the petition summary referenced in this unit.
New Tolerance
    1. PP 3F8205. (EPA-HQ-OPP-2013-0758). Syngenta Crop Protection,
LLC, P.O. Box 18300, Greensboro, NC 27419, requests to establish a
tolerance in 40 CFR part 180 for residues of the insecticide,
thiamethoxam (3-[(2-chloro-5-thiazolyl)methyl]tetrahydro-5-methyl-N-
nitro-4H-1,3,5-oxadiazin-4-imine) and its metabolite (N-(2-chloro-
thiazol-5-ylmethyl)-N'-methyl-N'-nitro-guanidine), in or on alfalfa,
seed at 1 parts per million (ppm); buckwheat, grain at 0.9 ppm; corn,
field, grain at 0.03 ppm; oat, grain at 0.9 ppm; rice, grain at 6 ppm;
rice, straw at 2 ppm; rye, grain at 0.9 ppm; soybean at 0.02 ppm;
sunflower, seed at 0.4 ppm; triticale, grain at 0.9 ppm; vegetable,
legume, subgroup 6A at 0.9 ppm; vegetable,

legume, subgroup 6B at 0.5 ppm; vegetable, legume, subgroup 6C at 0.2
ppm; vegetable, foliage of legume, subgroup 7A at 4 ppm; wheat,
aspirated grain fraction at 2.5 ppm; wheat, bran at 0.5 ppm; wheat,
germ at 0.5 ppm; wheat, grain at 0.5 ppm. Syngenta Crop Protection,
LLC, has submitted practical analytical methodology for detecting and
measuring levels of thiamethoxam in or on raw agricultural commodities.
This method is based on crop specific cleanup procedures and
determination by liquid chromatography with either ultraviolet (UV) or
mass spectrometry (MS) detections. The limit of detection (LOC) for
each analyte of this method is 1.25ng injected for samples analyzed by
UV and 0.25 nanogram (ng) injected for samples analyzed by MS, and the
limit quantification (LOQ) is 0.005 ppm for milk and juices, and 0.01
ppm for all other substrates.
    2. PP 4F8237. (EPA-HQ-OPP-2014-0156). Dow AgroSciences, LLC, 9330
Zionsville Rd., Indianapolis, IN 46268, requests to establish a
tolerance in 40 CFR part 180 for residues of the insecticide,
sulfoxaflor (N-[methyloxido[1-[6-(trifluoromethyl)-3-pyridinyl]ethyl]-
[gamma] \4\-sulfanylidene]cyanamide), in or on alfalfa, forage at 7
parts per million (ppm); alfalfa, hay at 20 ppm; alfalfa, seed at 30
ppm; alfalfa, silage at 9 ppm; animal feed, nongrass, group 18, forage
at 15 ppm; animal feed, nongrass, group 18, hay at 20 ppm; animal feed,
nongrass, group 18, silage at 9 ppm; buckwheat, forage at 1 ppm;
buckwheat, grain at 0.08 ppm; buckwheat, hay at 1.5 ppm; buckwheat,
straw at 2 ppm; cacao bean, dried bean at 0.15 ppm; clover forage at 15
ppm; clover hay at 20 ppm; clover silage at 8 ppm; corn, field, forage
at 0.5 ppm; corn, field, grain at 0.015 parts ppm; corn, field, stover
at 0.8 ppm; corn, pop at 0.015 ppm; corn, pop, stover at 0.8 ppm; corn,
sweet, at 0.01 ppm; corn, sweet, forage at 0.6 ppm; corn, sweet, stover
at 0.7 ppm; millet, forage at 0.4 ppm; millet, grain at 0.3 ppm; oat,
grain at 0.4 ppm; oat, hay at 1 ppm; oat, straw at 2 ppm; pineapple at
0.09 ppm; rye, forage at 1 ppm; rye, grain at 0.08 ppm; rye, hay at 1.5
ppm; rye, straw at 2 ppm; sorghum, forage at 0.4 ppm; sorghum, grain at
0.3 ppm; sorghum, stover at 0.9 ppm; teff, forage at 1 ppm; teff, grain
at 0.08 ppm; teff, hay at 1.5 ppm; teff, straw at 2 ppm; teosinte,
grain at 0.015 ppm; triticale, forage at 1 ppm; triticale, grain at
0.08 ppm; triticale, hay at 1.5 ppm; triticale, straw at 2 ppm. The
residue profile of sulfoxaflor is adequately understood and an
acceptable analytical method is available for enforcement purposes.
Analytical method 091116, ``Enforcement Method for the Determination of
Sulfoxaflor (XDE-208) and its Main Metabolites in Agricultural
Commodities using Offline Solid-Phase Extraction and Liquid
Chromatography with Tandem Mass Spectrometry Detection'' was validated
on a variety of plant matrices. The method was validated over the
concentration range of 0.010-5.0 milligrams/kilograms (mg/kg) with a
validated limit of detection (LOD) of 0.003 mg/kg and limit of
quantitation (LOQ) of 0.010 mg/kg.
Amended Tolerance
    3. PP 3F8205. (EPA-HQ-OPP-2013-0758). Syngenta Crop Protection,
LLC, P.O. Box 18300, Greensboro, NC 27419, requests to amend the
tolerances in 40 CFR 180.565 for residues of the insecticide,
thiamethoxam (3-[(2-chloro-5-thiazolyl)methyl]tetrahydro-5-methyl-N-
nitro-4H-1,3,5-oxadiazin-4-imine) and its metabolite (N-(2-chloro-
thiazol-5-ylmethyl)-N'-methyl-N'-nitro-guanidine), by increasing the
existing tolerances in or on alfalfa, forage from 0.05 to 10 parts per
million (ppm); alfalfa, hay from 0.12 to 8 ppm; barley, grain from 0.4
to 0.9 ppm; barley, hay from 0.40 to 1.5 ppm; barley, straw from 0.40
to 3 ppm; corn, field, forage from 0.10 to 4 ppm; corn, field, stover
from 0.05 to 4 ppm; corn, sweet, forage from 0.10 to 5 ppm; corn,
sweet, kernel plus cob with husks removed from 0.02 to 0.03 ppm; corn,
sweet, stover from 0.05 to 4 ppm; wheat, forage from 0.50 to 3 ppm;
wheat, hay from 0.02 to 8 ppm; wheat, straw from 0.02 to 6 ppm.
Concurrently, Syngenta Crop Protection, LLC, requests to amend the
tolerances in 40 CFR 180.565 by removing tolerances for residues of the
insecticide, thiamethoxam (3-[(2-chloro-5-thiazolyl)methyl]tetrahydro-
5-methyl-N-nitro-4H-1,3,5-oxadiazin-4-imine) in or on grain, cereal,
group 15, except barley at 0.02 ppm; sunflower at 0.02 ppm; and
vegetable, legume, group 6 at 0.02 ppm, upon approval of the tolerances
listed under ``New Tolerances'' for PP 3F8205. Syngenta Crop
Protection, LLC, has submitted practical analytical methodology for
detecting and measuring levels of thiamethoxam in or on raw
agricultural commodities. This method is based on crop specific cleanup
procedures and determination by liquid chromatography with either
ultraviolet (UV) or mass spectrometry (MS) detections. The limit of
detection (LOC) for each analyte of this method is 1.25 ng injected for
samples analyzed by UV and 0.25 nanogram (ng) injected for samples
analyzed by MS, and the limit quantification (LOQ) is 0.005 ppm for
milk and juices, and 0.01 ppm for all other substrates.

List of Subjects in 40 CFR Part 180

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: April 17, 2014.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2014-09257 Filed 4-22-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 6, 2009 (Volume 74, Number 192)]
[Notices]
[Page 51271]
[DOCID:fr06oc09-39]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-6168-000]

Carey, Christopher; Notice of Filing

September 29, 2009.
    Take notice that on September 22, 2009, Christopher Carey filed an
application for authorization to hold interlocking positions, pursuant
to section 305(b) of the Federal Power Act, 16 U.S.C. 825d and Part 45
of the regulations of the Federal Energy Regulatory Commission, 18 CFR
Part 45.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 13, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-23983 Filed 10-5-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: August 4, 2010 (Volume 75, Number 149)]
[Notices]
[Page 47049-47051]
[DOCID:fr04au10-102]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62601; File No. SR-NSX-2010-09]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Adopt Enhanced Customer Disclosure Rules Concerning Transactions
Outside of Regular Trading Hours

July 29, 2010.
    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 July 29, 2010, National Stock Exchange, Inc. (``NSX [supreg]''
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 prepared by the Exchange. 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\ The Commission is publishing this notice to
solicit comment 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

    NSX is proposing to adopt certain enhanced customer disclosure
requirements applicable to transactions outside of the Exchange's
regular trading hours trading session.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nsx.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
    With this rule change, the Exchange is proposing to amend Rule 11.1
to adopt enhanced customer disclosure requirements applicable to
transactions on the Exchange during trading sessions outside of Regular
Trading Hours (as such term is defined below). In addition, the instant
rule change proposes to make certain clean-up conforming changes to
other Exchange Rules as further described below.
    The instant rule filing proposes to adopt as Rule 11.1(c) certain
enhanced disclosure requirements applicable to transactions effected on
the Exchange outside of the Regular Trading Hours trading session.\5\
Specifically, Rule 11.1(c) provides that no ETP Holder may accept an
order from a non-ETP Holder for execution outside of Regular Trading
Hours without disclosing to such non-ETP Holder that extended hours
trading involves material trading risks, including the possibility of
lower liquidity, high volatility, changing prices, unlinked markets, an
exaggerated effect from news announcements, wider spreads and any other
relevant risk. The absence of an updated underlying index value or
intraday indicative value is an additional trading risk in extended
hours for UTP Derivative Security products under NSX Rule 15.9.
Proposed Rule 11.1(c) provides for the benefit of ETP Holders
disclosure language regarding the foregoing risks that would be
generally acceptable to

the Exchange. In addition, proposed Rule 11.1(d) provides that trades
on the Exchange executed and reported outside of Regular Trading Hours
shall be designated as ``.T'' trades. Proposed Rule 11.1(c) and (d) are
based on Arca Rule 7.34(e) and (f), respectively.\6\
---------------------------------------------------------------------------

    \5\ Currently, the Exchange's Regular Trading Hours, as such
term is defined in NSX Rule 1(R)(1), are from 8:30 a.m. until 3 p.m.
Central Time (9:30 a.m. until 4 p.m. Eastern Time (``ET'')). The
pre-Regular Trading Hours trading session is from 8 a.m. until 9:30
a.m. ET, and the post-Regular Trading Hours trading session is from
4 p.m. until 6:30 p.m. ET.
    \6\ See also NASDAQ Rule 4631, ISE Rule 2102, Interpretation and
Policy .04 and .05, and BATS Rule 3.21.
---------------------------------------------------------------------------

    In addition, the proposed rule change makes clean up changes to NSX
Rule 1.5R(1) by modifying the definition of ``Regular Trading Hours''
to reflect Eastern Time instead of Central Time, consistent with the
time references in the remainder of NSX Rules. Further, for purposes of
internal consistency and clarity, the references to hours of trading in
Interpretation and Policy .01(f) of Rule 15.12 is eliminated as
obsolete, and in Rule 15.9B(2) such reference is modified consistent
with the usage of the term ``Regular Trading Hours''. Finally, the
definition of ``Day Order'' in Rule 11.11(b)(2) is modified to clarify
that Day Orders will expire at the close of the Exchange's Regular
Trading Hours trading session instead of at the close of the regular
trading session on the given security's listing exchange.\7\
---------------------------------------------------------------------------

    \7\ This modification constitutes no change to the Exchange's
current practices because the close of the regular trading sessions
on listing exchanges has historically also been 4 p.m. ET.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) of the Act,\8\ in general, and
furthers the objectives of Section 6(b)(5) \9\ in particular in that it
is designed, among other things, to promote clarity, transparency and
full disclosure, in so doing, to prevent fraudulent and manipulative
acts and practices, 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. Moreover, the proposed rule change
is not discriminatory in that all ETP Holders are eligible to
participate (or elect to not participate) in effectuating transactions
on the Exchange outside of Regular Trading Hours on the same terms and
conditions.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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 Exchange Act.

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

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

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

    Because the foregoing 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 after the date of this filing, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.\12\
However, Rule 19b-4(f)(6)(iii) permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay. The Commission notes that
the Exchange's proposal is substantially similar to the rules of other
national securities exchanges and does not raise any new substantive
issues.\13\ Based on the foregoing, the Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest and hereby designates the proposal
operative upon filing.\14\
---------------------------------------------------------------------------

    \12\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change, at least five business days prior to the date of filing
of the proposed rule change, or such shorter time as designated by
the Commission. The Exchange has satisfied this requirement.
    \13\ See supra note 6. The Commission previously has waived the
operative delay for similar rule change proposals of other exchanges
under Rule 19b-4(f)(6) on the same basis. See, e.g., Securities
Exchange Act Release No. 59963 (May 21, 2009), 74 FR 25787 (May 29,
2009) (SR-BATS-2009-012); and Securities Exchange Act Release No.
58685 (September 30, 2008), 73 FR 58277 (October 6, 2008) (SR-ISE-
2008-73).
    \14\ For the purposes only of waiving the 30-day operative
delay, 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 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.\15\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

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-NSX-2010-09 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NSX-2010-09. 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 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
a.m. and 3 p.m. Copies of the filing will also be available for
inspection and copying at the principal office of the self-regulatory
organization. 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-NSX-2010-09 and should be submitted on or before August
25, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Florence E. Harmon,
Deputy Secretary.
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2010-19225 Filed 8-3-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 85, Number 227 (Tuesday, November 24, 2020)]
[Notices]
[Pages 75106-75107]
[FR Doc No: 2020-25889]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0169]

Parts and Accessories Necessary for Safe Operation; Application
for an Exemption from J.J. Keller & Associates, Inc.

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

ACTION: Notice of final disposition.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant the application of J. J. Keller &
Associates, Inc. (J. J. Keller) for a limited five-year exemption to
allow its Advanced Driver Assistance Systems (ADAS) camera to be
mounted lower in the windshield on commercial motor vehicles (CMV) than
is currently permitted. The Agency has determined that lower placement
of the ADAS camera would not have an adverse impact on safety and that
adherence to the terms and conditions of the exemption would likely
achieve a level of safety equivalent to, or greater than, the level of
safety provided by the regulation.

DATES: This exemption is effective November 24, 2020 and will end
November 24, 2025.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, go to www.regulations.gov at any time or visit
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., ET, Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Docket Operations. The online Federal document management system is
available 24 hours a day, 365 days a year. The docket number is listed
at the beginning of this notice.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations (FMCSRs). FMCSA must publish a notice of each exemption
request in the Federal Register (49 CFR 381.315(a)). The Agency must
provide the public an opportunity to inspect the information relevant
to the application, including any safety analyses that have been
conducted. The Agency must also provide an opportunity for public
comment on the request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).

J. J. Keller's Application for Exemption

    J. J. Keller applied for an exemption from 49 CFR 393.60(e)(1) to
allow its ADAS cameras to be mounted lower in the windshield than is
currently permitted by the Agency's regulations to optimize the
functionality of the camera system. A copy of the application is
included in the docket referenced at the beginning of this notice.
    In its application, J. J. Keller states that the functionality of
its camera now includes the ability to provide following distance
warnings, lane departure warnings, monitoring of posted speed limit and
stop sign abidance, detection of driver drowsiness, and use of cell
phones and seat belts and that these features will increase safety. J.
J. Keller notes that it piloted the devices' functionality, and found
that there was no significant obstruction to the driver's normal
sightlines to the road ahead, highway signs and signals, or any
mirrors.
    The camera housing is approximately 91.5 mm (3.6 inches) tall by
123.5 mm (4.86 inches) wide, and will be mounted in the approximate
center of the windshield with the bottom edge of the camera housing
approximately 8 inches below the upper edge of the area swept by the
windshield wipers. The camera will be mounted outside the driver's
normal sight lines to the road ahead, signs, signals and mirrors. This
location will allow for optimal functionality of the safety features
supported by the camera.
    Without the proposed exemption, J. J. Keller states that its
clients (1) will not be able to install these devices in an optimal
location on the windshield to maximize the effectiveness of the ADAS
safety features, and (2) could be fined for violating current
regulations. The exemption would apply to all CMVs equipped with J. J.
Keller's ADAS camera mounted on the windshield. J. J. Keller believes
that mounting the ADAS camera system as described will maintain a level
of safety that is equivalent to, or greater than, the level of safety
achieved without the exemption.

Comments

    FMCSA published a notice of the application in the Federal Register
on August 13, 2020 and asked for public comment (85 FR 49416). The
Agency received comments from the National Private Truck Council
(NPTC), Wisconsin Motor Carriers Association (WMCA), and 72
individuals. The (NPTC) supported the exemption application, noting
that the J. J. Keller ADAS camera is designed to provide such features
as: Following distance warnings; lane departure warnings; monitoring of
posted speed limits; compliance with stop signs; and detection of
driver drowsiness, use of cell phones, seat belts, and food and drink
while in the cab. NPTC stated that these features promote beneficial
safety practices and are of interest to NPTC

member companies. The Wisconsin Council of Safety Supervisors, a
subdivision of the WMCA, composed of safety and personnel supervisors
from regulated for-hire and private motor carriers, unanimously voted
at its most recent meeting to support the J. J. Keller petition, citing
the safety benefits and referencing similar FMCSA exemptions granted to
other ADAS camera technology suppliers. Seventy-two individuals
provided comments on the J. J. Keller application, with some arguing
that the driver-facing portion of the ADAS camera could present a
distraction to the driver. Some commenters also expressed concern that
the camera could create a visual blind spot that may obstruct the
driver's view of traffic and traffic signs and signals in certain
driving situations.

FMCSA Decision

    FMCSA has evaluated the J. J. Keller exemption application. The
ADAS camera system housing is approximately 3.6 inches tall, and is
mounted near the top of the center of the windshield, with the bottom
of the camera housing located approximately 8 inches below the top of
the area swept by the windshield wipers. The camera needs to be mounted
in this location for optimal functionality of the ADAS system. The
desired optimal functionality and the relative size of the camera
system precludes mounting it (1) higher in the windshield, and (2)
within 4 inches from the top of the area swept by the windshield wipers
to comply with Sec.  393.60(e)(1)(ii)(A).
    The Agency believes that granting the temporary exemption to allow
placement of the ADAS camera lower than currently permitted by Agency
regulations will likely provide a level of safety that is equivalent
to, or greater than, the level of safety achieved without the exemption
because (1) based on the information available, there is no indication
that the ADAS camera would obstruct drivers' views of the roadway,
highway signs and signals, and surrounding traffic; (2) generally,
trucks and buses have an elevated seating position that greatly
improves the forward visual field of the driver and any impairment of
available sight lines would be minimal; and (3) the mounting location
where the bottom of the ADAS camera housing will not exceed 8 inches
below the upper edge of the area swept by the windshield wipers outside
the driver's and passenger's normal sight lines to the road ahead,
highway signs and signals, and all mirrors, will be reasonable and
enforceable at roadside. In addition, the Agency believes the use of
the ADAS camera by fleets is likely to improve the overall level of
safety for the motoring public.
    This action is consistent with the following previously issued
Agency actions permitting the placement of similarly-sized devices on
CMVs outside the driver's sight lines to the road, and highway signs
and signals: Samsara Networks, Inc. 85 FR 68409 (Oct. 28, 2020), Nauto
Inc. 85 FR 64220 (Oct. 9, 2020), Lytx Inc. 85 FR 30121 (May 21, 2020),
and Navistar Inc. 84 FR 64952 (Nov. 25, 2019). FMCSA is unaware of any
evidence showing that installation of other vehicle safety technologies
mounted on the interior of the windshield has resulted in any
degradation in safety.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period,
beginning November 24, 2020 and ending November 24, 2025. During the
temporary exemption period, motor carriers will be allowed to operate
CMVs equipped with J. J. Keller's ADAS camera in the approximate center
of the top of the windshield and such that the bottom edge of the
camera housing is approximately 8 inches below the upper edge of the
area swept by the windshield wipers, outside of the driver's and
passenger's normal sight lines to the road ahead, highway signs and
signals, and all mirrors. The exemption will be valid for 5 years
unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(1) motor carriers and/or commercial motor vehicles fail 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(b).
    Interested parties possessing information that would demonstrate
that motor carriers operating CMVs equipped with J. J. Keller's ADAS
camera are not achieving the requisite statutory level of safety should
immediately notify FMCSA. The Agency will evaluate any such information
and, if safety is being compromised or if continuation of the exemption
is not consistent with 49 U.S.C. 31136(e) and 31315(b), will take
immediate steps to revoke the exemption.

Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.

James W. Deck,
Deputy Administrator.
[FR Doc. 2020-25889 Filed 11-23-20; 8:45 am]
BILLING CODE 4910-EX-P