[Federal Register Volume 84, Number 59 (Wednesday, March 27, 2019)]
[Proposed Rules]
[Pages 11449-11455]
[FR Doc No: 2019-05849]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0013]
RIN 1625-AA00

Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring
Safety Zones Update

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend and update its list of
recurring safety zone regulations that take place in the Coast Guard
Sector Ohio Valley area of responsibility (AOR). This proposed action
is necessary to update the current list of recurring safety zones with
revisions, additional events and removal of events that no longer take
place. This regulation would restrict vessel traffic from the safety
zones during the events unless authorized by the Captain of the Port
Sector Ohio Valley or a designated representative. We invite your
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before April 11, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0013 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Petty Officer Riley Jackson, Sector Ohio Valley,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Captain of the Port Sector Ohio Valley (COTP) proposes to amend
33 CFR 165.801, Table 1 titled ``Sector Ohio Valley Annual and
Recurring Safety Zones'', to update our regulations for annual
fireworks displays and other recurring events in the Eighth Coast Guard
District.
    The Table contains a list of annual and recurring safety zones in
the Sector Ohio Valley as of May 11, 2018.
    These events include air shows, fireworks displays, and other
marine related events requiring a limited access area restricting
vessel traffic for safety purposes. The current list in 33 CFR 165.801,
Table 1, requires amendment to provide new information on existing
safety zones, to include new safety zones expected to recur annually or
biannually, and to remove safety zones that are no longer needed.
Issuing individual regulations for each new safety zone, amendment, or
removal of an existing safety zone creates unnecessary administrative
costs and burdens. This single proposed rulemaking will considerably
reduce administrative overhead and provide the public with notice
through publication in the Federal Register of the upcoming recurring
safety zone regulations. Event sponsors desiring to hold an event not
listed in the table for the Sector Ohio Valley area of responsibility
may seek permission for a regulated area for their event through a
request to the phone number or email listed in the above FOR FURTHER
INFORMATION CONTACT section.
    The Coast Guard encourages the public to participate in this
proposed rulemaking through the comment process so that any necessary
changes can be identified and implemented in a timely and efficient
manner. The Coast Guard will address all public comments accordingly,
whether through response, additional revision to the regulation, or
otherwise.
    The Coast Guard is issuing this notice of proposed rulemaking
(NPRM) with a 15-day prior notice and opportunity to comment pursuant
to section (b)(3) of the Administrative Procedure Act (APA) (5 U.S.C.
553). This provision authorizes an agency to publish a rule in less
than 30 days before its effective date for ``good cause found and
published with the rule.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard
finds that good cause exists for publishing this NPRM with a 15-day
comment period because it is impractical to provide a 30-day comment
period. These proposed regulated areas are necessary to ensure the
safety of vessels and persons during the marine events. It is
impracticable to publish an NPRM with a 30-day comment period because
some of these updates must be established as early as the end of April
2019. A 15-day comment period would allow the Coast Guard to provide
for public notice and comment, but also update the regulated areas soon
enough that the length of the notice and comment period does not
compromise public safety.

III. Discussion of the Proposed Rule

    Part 165 of 33 CFR contains regulations establishing regulated
navigation areas and limited access areas to restrict vessel traffic
for the safety of persons and property. Section 165.801, Table 1,
establishes recurring safety zones to restrict vessel transit into and
through specified areas to protect spectators, mariners, and other
persons and property from potential hazards presented during certain
events taking place in Sector Ohio Valley's AOR. From time to time,
this section requires amendment to properly reflect the recurring
safety zones in the AOR. This

proposed rule amends and updates Sec.  165.801, Table 1 as described
below.
    This proposed rule adds 8 new recurring safety zones, removes 6
recurring events, and amends the dates and regulated areas for 9
recurring safety zones already listed in Section 165.801, Table 1, as
follows:
    This proposed rule would add the following 8 safety zones to Table
1 of Part 165.801:

----------------------------------------------------------------------------------------------------------------
                                                                   Sector Ohio Valley
                 Date                        Sponsor/name               location               Safety zone
----------------------------------------------------------------------------------------------------------------
Weekend before the 4th of July.......  Kentucky Dam Marina/     Gilbertsville, KY......  350 foot radius, from
                                        Kentucky Dam Marina                               the fireworks launch
                                        Fireworks.                                        site, on the entrance
                                                                                jetties at Kentucky
                                                                                Dam Marina, on the
                                                                                Tennessee River at
                                                                                Mile Marker (MM) 23
                                                                                (Kentucky).
1 day--One weekend in September......  Boomtown Days--          Nitro, WV..............  Kanawha River, Miles
                                        Fireworks.                                        43.1-44.2 (West
                                                                                Virginia).
1 day--Second or Third week of June..  TriState Pottery         East Liverpool, OH.....  Ohio River, Miles 42.5-
                                        Festival Fireworks.                               45.0 (Ohio).
1 day--Friday before Thanksgiving....  Monongahela Holiday      Monongahela, PA........  Ohio River, Miles 31.5-
                                        Show.                                             32.5 (Pennsylvania).
1 day--First two weeks in October....  Yeatman's Fireworks....  Cincinnati, OH.........  Ohio River, Miles 469.0-
                                                                                470.5 (Ohio).
1 day--Last week in June or First      Rising Sun Fireworks...  Rising Sun, IN.........  Ohio River, Miles 506.0-
 week in July.                                                                            507.0 (Indiana).
3 days--One weekend in May...........  U.S. Rowing Southeast    Oak Ridge, TN..........  Clinch River, Miles
                                        Youth Championship                                48.5-52 (Tennessee).
                                        Regatta.
1 Day--One weekend in July...........  Three Rivers Regatta...  Knoxville, TN..........  Tennessee River, Miles
                                                                                642-653 (Tennessee).
----------------------------------------------------------------------------------------------------------------

    This proposed rule would remove the following 6 safety zones from
Table 1 of Part 165.801:

----------------------------------------------------------------------------------------------------------------
                                                                   Sector Ohio Valley
                 Date                        Sponsor/name               location               Safety zone
----------------------------------------------------------------------------------------------------------------
Last Sunday in May...................  Friends of Ironton.....  Ironton, OH............  Ohio River, Mile 326.7-
                                                                                327.7.
1 day--Second weekend in June........  City of St. Albans/St.   St. Albans, WV.........  Kanawha River, Mile
                                        Albans Town Fair.                                 46.3-47.3.
2 days--One weekend in August........  Powerboat Nationals--    Parkersburg, WV........  Ohio River, Miles 183.5-
                                        Parkersburg Regatta/                              185.5.
                                        Parkersburg.
1 day--4th or 5th of July............  City of Cape Girardeau   Cape Girardeau, MO.....  Upper Mississippi
                                        July 4th Fireworks                                River, Mile 50.0-52.0.
                                        Show on the River.
1 day--A Saturday in July............  Paducah Parks and        Paducah, KY............  Ohio River, Mile 934.0-
                                        Recreation Department/                            936.0.
                                        Cross River Swim.
1 day--Third or fourth of July.......  Harrah's Casino/         Metropolis, IL.........  Ohio River, Mile 942.0-
                                        Metropolis Fireworks.                             945.0.
----------------------------------------------------------------------------------------------------------------

    The Coast Guard also proposes to revise regulations in 33 CFR
165.801, Table 1, by amending 9 currently-listed safety zones. The
amendments would involve changes to marine event dates and/or regulated
areas, with reference by line number to the current table. The 9 safety
zones being amended are listed below:

----------------------------------------------------------------------------------------------------------------
                                                             Sector Ohio                         Revision (date/
       Line                Date           Sponsor/name     Valley location      Safety zone           area)
----------------------------------------------------------------------------------------------------------------
3.................  2 days--Second or  Thunder Over       Louisville, KY...  Ohio River, Miles  area/date.
                     third weekend in   Louisville.                           597.0-607.0
                     April.                                                   (Kentucky).
6.................  1 day--1st or 2nd  Bellaire All-      Bellaire, OH.....  Ohio River, MMs    date.
                     week of August.    American Days.                        93.5-94.5 (Ohio).
7.................  2 days--a weekend  Rice's Landing     Rice's Landing,    Monongahela        date.
                     in June.           Riverfest.         PA.                River, MMs 68.0-
                                                                              68.8
                                                                              (Pennsylvania).
9.................  1 day--one         Riverfest/         Nitro, WV........  Kanawha River,     date.
                     weekend before     Riverfest Inc..                       MMs 43.1-44.2
                     Labor Day.                                               (West Virginia)..
28................  1 day--First week  Summer Motions     Ashland, KY......  Ohio River, MMs    date.
                     or weekend in      Inc./Summer                           322.1-323.1
                     July.              Motion.                               (Kentucky)..
31................  1 day--First week  Portsmouth River   Portsmouth, OH...  Ohio River, MMs    area.
                     or weekend in      Days.                                 355.5-357.0
                     July.                                                    (Ohio)..
33................  1 day--in the      Pittsburgh         Pittsburgh, PA...  Ohio River, MMs    date.
                     month of August.   Foundation/Bob                        0.0-0.5
                                        O'Connor Cookie                       (Pennsylvania).
                                        Cruise.
49................  3rd or 4th of      City of Hickman,   Hickman, KY......  700 foot radius    area.
                     July.              KY/Town of                            from GPS
                                        Hickman                               coordinate
                                        Fireworks.                            36[deg]34.5035
                                                                              N,
                                                                              089[deg]11.919
                                                                              W, in Hickman
                                                                              Harbor located
                                                                              at MM 921.5 on
                                                                              the Lower
                                                                              Mississippi
                                                                              River (Kentucky).

58................  3 days--second or  Wheeling Heritage  Wheeling, WV.....  Ohio River, MMs    date.
                     third week of      Port Sternwheel                       90.2-90.7 (West
                     September.         Foundation/                           Virginia).
                                        Wheeling
                                        Heritage Port
                                        Sternwheel
                                        Festival.
----------------------------------------------------------------------------------------------------------------

    The effect of this proposed rule would be to restrict general
navigation in the safety zones during these events. Vessels intending
to transit the designated waterway through the safety zones will only
be allowed to transit the area when COTP, or a designated
representative, has deemed it safe to do so or at the completion of the
events. The proposed annually recurring safety zones are necessary to
provide for the safety of life on navigable waters during the events.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 size,
location, and duration of the safety zones. These safety zones are
limited in size and duration, and are usually positioned away from high
vessel traffic areas. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zones, and
the rule would allow vessels to seek permission to enter the zones.
Vessel traffic would also be able to request permission from the COTP
or a designated representative to enter the restricted area.

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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit
these safety zones may be small entities, for the reasons stated in
section IV.A above this proposed rule would 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
proposed rule. If the proposed 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. The Coast
Guard will not retaliate against small entities that question or
complain about this proposed rule or any policy or action of the Coast
Guard.

C. Collection of Information

    This proposed 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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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 proposed 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 made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. Normally such actions are
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01 as
it involves the revision of the table that informs the public of safety
zones occurring in the Sector Ohio Valley AOR. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

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.

V. 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 website'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.

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 U.S. Coast Guard
proposes to amend 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: 46 U.S.C. 70034; 46 U.S.C. 70051; 33 CFR 1.05-1,
6.04-1, 6.04-6, and 160.5; Department of Homeland Security
Delegation No. 0170.1.

0
2. Revise Sec.  165.801, Table 1 to read as follows:

                 Table 1 of Sec.   165.801--Sector Ohio Valley Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
                                                                   Sector Ohio Valley
                 Date                        Sponsor/name               location               Safety zone
----------------------------------------------------------------------------------------------------------------
1. 2 days--Second or third weekend in  Thunder Over Louisville  Louisville, KY.........  Ohio River, Miles 597.0-
 April.                                                                                607.0 (Kentucky).
2. 3 days--Third or Fourth weekend in  Henderson Breakfast      Henderson, KY..........  Ohio River, Miles 802.5-
 April.                                 Lions Club Tri-Fest.                              805.5 (Kentucky).
3. Multiple days--April through        Pittsburgh Pirates       Pittsburgh, PA.........  Allegheny River, Miles
 November.                              Season Fireworks.                                 0.2-0.9
                                                                                (Pennsylvania).
4. Multiple days--April through        Cincinnati Reds Season   Cincinnati, OH.........  Ohio River, Miles 470.1-
 November.                              Fireworks.                                        470.4; extending 500
                                                                                ft. from the State of
                                                                                Ohio shoreline (Ohio).
5. Multiple days--April through        Pittsburgh Riverhounds   Pittsburgh, PA.........  Monongahela River,
 November.                              Season Fireworks.                                 Miles 0.22-0.77
                                                                                (Pennsylvania).
6. 1 day--First week in May..........  Belterra Park Gaming     Cincinnati, OH.........  Ohio River, Miles 460.0-
                                        Fireworks.                                        462.0 (Ohio).
7. 3 days--One weekend in May........  US Rowing Southeast      Oak Ridge, TN..........  Clinch River, Miles
                                        Youth Championship                                48.5-52 (Tennessee).
                                        Regatta.
8. 1 day--Saturday before Memorial     Venture Outdoors         Pittsburgh, PA.........  Allegheny River, Miles
 Day.                                   Festival.                                         0.0-0.25; Monongahela
                                                                                River, Miles 0.0-0.25
                                                                                (Pennsylvania).
9. 1 day--First weekend in June......  Cumberland River         Nashville, TN..........  Cumberland River, Miles
                                        Compact/Nashville                                 189.7-192.1
                                        Splash Bash.                                      (Tennessee).
10. 1 day--First or second week of     Bellaire All-American    Bellaire, OH...........  Ohio River, Miles 93.5-
 August.                                Days.                                             94.5 (Ohio).
11. 2 days--A weekend in June........  Rice's Landing           Rice's Landing, PA.....  Monongahela River,
                                        Riverfest.                                        Miles 68.0-68.8
                                                                                (Pennsylvania).
12. 2 days--Second Friday and          City of Newport, KY/     Newport, KY............  Ohio River, Miles 468.6-
 Saturday in June.                      Italianfest.                                      471.0 (Kentucky and
                                                                                Ohio).
13. 1 day--Second or third Saturday    Friends of the           Chattanooga, TN........  Tennessee River, Miles
 in June, the last day of the           Festival, Inc./                                   462.7-465.2
 Riverbend Festival.                    Riverbend Festival                                (Tennessee).
                                        Fireworks.
14. 1 day--Second or Third week of     TriState Pottery         East Liverpool, OH.....  Ohio River, Miles 42.5-
 June.                                  Festival Fireworks.                               45.0 (Ohio).
15. 3 days--One of the last three      Hadi Shrine/Evansville   Evansville, IN.........  Ohio River, Miles 790.0-
 weekends in June.                      Freedom Festival Air                              796.0 (Indiana).
                                        Show.
16. 1 day--One weekend in June.......  West Virginia Symphony   Charleston, WV.........  Kanawha River, Miles
                                        Orchestra/Symphony                                59.5-60.5 (West
                                        Sunday.                                           Virginia).
17. 1 day--Last weekend in June or     Riverview Park           Louisville, KY.........  Ohio River, Miles 617.5-
 first weekend in July.                 Independence Festival.                            620.5 (Kentucky).
18. 1 day--Last weekend in June or     City of Point Pleasant/  Point Pleasant, WV.....  Ohio River, Miles 265.2-
 First weekend in July.                 Point Pleasant                                    266.2, Kanawha River
                                        Sternwheel Fireworks.                             Miles 0.0-0.5 (West
                                                                                Virginia).
19. 1 day--Last weekend in June or     City of Aurora/Aurora    Aurora, IN.............  Ohio River, Mile 496.7;
 first weekend in July.                 Firecracker Festival.                             1400 ft. radius from
                                                                                the Consolidated Grain
                                                                                Dock located along the
                                                                                State of Indiana
                                                                                shoreline at (Indiana
                                                                                and Kentucky).
20. 1 day--Last week of June or first  PUSH Beaver County/      Beaver, PA.............  Ohio River, Miles 25.2-
 week of July.                          Beaver County Boom.                               25.6 (Pennsylvania).

21. 1 day--Last weekend in June or     Evansville Freedom       Evansville, IN.........  Ohio River, Miles 790.0-
 first week in July.                    Celebration/4th of                                796.0 (Indiana).
                                        July Fireworks.
22. 1 day--Last week in June or first  Newburgh Fireworks       Newburgh, IN...........  Ohio River, Miles 777.3-
 week of July.                          Display.                                          778.3 (Indiana).
23. 1 day--Last week in June or First  Rising Sun Fireworks...  Rising Sun, IN.........  Ohio River, Miles 506.0-
 week in July.                                                                            507.0 (Indiana).
24. 1 day--Weekend before the 4th of   Kentucky Dam Marine/     Gilbertsville, KY......  350 foot radius, from
 July.                                  Kentucky Dam Marina                               the fireworks launch
                                        Fireworks.                                        site, on the entrance
                                                                                jetties at Kentucky
                                                                                Dam Marina, on the
                                                                                Tennessee River at
                                                                                Mile Marker 23
                                                                                (Kentucky).
25. 1 day--Saturday before July 4th..  Town of Cumberland City/ Cumberland City, TN....  Cumberland River, Miles
                                        Lighting up the                                   103.0-105.5
                                        Cumberlands.                                      (Tennessee).
26. 1 day--July 3rd..................  Chattanooga Presents/    Chattanooga, TN........  Tennessee River, Miles
                                        Pops on the River.                                462.7-465.2
                                                                                (Tennessee).
27. 1 day--July 3rd..................  Randy Boyd/Independence  Knoxville, TN..........  Tennessee River, Miles
                                        Celebration Fireworks                             625.0-628.0
                                        Display.                                          (Tennessee).
28. 1 day--3rd or 4th of July........  City of Paducah, KY....  Paducah, KY............  Ohio River, Miles 934.0-
                                                                                936.0; Tennessee
                                                                                River, Miles 0.0-1.0
                                                                                (Kentucky).
29. 1 day--3rd or 4th of July........  City of Hickman, KY/     Hickman, KY............  700 foot radius from
                                        Town Of Hickman                                   GPS coordinate
                                        Fireworks.                                        36[deg]34.5035 N,
                                                                                089[deg]11.919 W, in
                                                                                Hickman Harbor located
                                                                                at mile marker 921.5
                                                                                on the Lower
                                                                                Mississippi River
                                                                                (Kentucky).
30. 1 day--July 4th..................  City of Knoxville/       Knoxville, TN..........  Tennessee River, Miles
                                        Knoxville Festival on                             646.3-648.7
                                        the 4th.                                          (Tennessee).
31. 1 day--July 4th..................  Nashville NCVC/          Nashville, TN..........  Cumberland River, Miles
                                        Independence                                      189.7-192.3
                                        Celebration.                                      (Tennessee).
32. 1 day--July 4th..................  Shoals Radio Group/      Florence, AL...........  Tennessee River, Miles
                                        Spirit of Freedom                                 254.5-257.4 (Alabama).
                                        Fireworks.
33. 1 day--4th of July (Rain date--    Monongahela Area         Monongahela, PA........  Monongahela River, Mils
 July 5th).                             Chamber of Commerce/                              e 032.0-033.0
                                        Monongahela 4th of                                (Pennsylvania).
                                        July Celebration.
34. 1 day--July 4th..................  Cities of Cincinnati,    Newport, KY............  Ohio River, Miles 469.6-
                                        OH and Newport, KY/                               470.2 (Kentucky and
                                        July 4th Fireworks.                               Ohio).
35. 1 day--July 4th..................  Wellsburg 4th of July    Wellsburg, WV..........  Ohio River, Miles 73.5-
                                        Committee/Wellsburg                               74.5 (West Virginia).
                                        4th of July Freedom
                                        Celebration.
36. 1 day--week of July 4th..........  Wheeling Symphony        Wheeling, WV...........  Ohio River, Miles 90-92
                                        fireworks.                                        (West Virginia).
37. 1 day--First week or weekend in    Summer Motions Inc./     Ashland, KY............  Ohio River, Miles 322.1-
 July.                                  Summer Motion.                                    323.1 (Kentucky).
38. 1 day--week of July 4th..........  Chester Fireworks......  Chester, WV............  Ohio River mile 42.0-
                                                                                44.0 (West Virginia).
39. 1 day--First week of July........  Cincinnati Symphony      Cincinnati, OH.........  Ohio River, Miles 460.0-
                                        Orchestra.                                        462.0 (Ohio).
40. 1 day--First weekend or week in    Queen's Landing          Greenup, KY............  Ohio River, Miles 339.3-
 July.                                  Fireworks.                                        340.3 (West Virginia).
41. 1 day--First week or weekend in    Gallia County Chamber    Gallipolis, OH.........  Ohio River, Miles 269.5-
 July.                                  of Commerce/Gallipolis                            270.5 (Ohio).
                                        River Recreation
                                        Festival.
42. 1 day--First week or weekend in    Kindred Communications/  Huntington, WV.........  Ohio River, Miles 307.8-
 July.                                  Dawg Dazzle.                                      308.8 (West Virginia).
43. 1 day--First week or weekend in    Greenup City...........  Greenup, KY............  Ohio River, Miles 335.2-
 July.                                                                                336.2 (Kentucky).
44.1 day-- First week or weekend in    Middleport Community     Middleport, OH.........  Ohio River, Miles 251.5-
 July.                                  Association.                                      252.5 (Ohio).
45. 1 day--First week or weekend in    People for the Point     South Point, OH........  Ohio River, Miles 317-
 July.                                  Party in the Park.                                318 (Ohio).
46. 1 day--One of the first two        City of Bellevue, KY/    Bellevue, KY...........  Ohio River, Miles 468.2-
 weekends in July.                      Bellevue Beach Park                               469.2 (Kentucky &
                                        Concert Fireworks.                                Ohio).
47. 1 day--Week of July 4th..........  EQT 4th of July          Pittsburgh, PA.........  Ohio River, Miles 0.0-
                                        Celebration.                                      0.5, Allegheny River,
                                                                                Miles 0.0-0.5, and
                                                                                Monongahela River,
                                                                                Miles 0.0-0.5
                                                                                (Pennsylvania).
48. 1 day--First week or weekend in    City of Charleston/City  Charleston, WV.........  Kanawha River, Miles
 July.                                  of Charleston                                     58.1-59.1 (West
                                        Independence Day                                  Virginia).
                                        Celebration.
49. 1 day--First week or weekend in    Portsmouth River Days..  Portsmouth, OH.........  Ohio River, Miles 355.5-
 July.                                                                                357.0 (Ohio).
50. 1 day--During the first week of    Louisville Bats          Louisville, KY.........  Ohio River, Miles 602.0-
 July.                                  Baseball Club/                                    605.0 (Kentucky).
                                        Louisville Bats
                                        Firework Show.

51. 1 day--During the first week of    Waterfront Independence  Louisville, KY.........  Ohio River, Miles 602.0-
 July.                                  Festival/Louisville                               605.0 (Kentucky).
                                        Orchestra Waterfront
                                        4th.
52. 1 day--During the first week of    Celebration of the       Owensboro, KY..........  Ohio River, Miles 754.0-
 July.                                  American Spirit                                   760.0 (Kentucky).
                                        Fireworks/All American
                                        4th of July.
53. 1 day--During the first week of    Riverfront Independence  New Albany, IN.........  Ohio River, Miles 606.5-
 July.                                  Festival Fireworks.                               609.6 (Indiana).
54. 1 day--Saturday before July 4th,   Grand Harbor Marina/     Counce, TN.............  Tennessee-Tombigbee
 or Saturday after July 4th.            Grand Harbor Marina                               Waterway, Miles 448.5-
                                        July 4th Celebration.                             451.0 (Tennessee).
55. 1 day--During the first two weeks  City of Maysville        Maysville, KY..........  Ohio River, Miles 408-
 of July.                               Fireworks.                                        409 (Kentucky).
56. 1 day--One of the first two        Madison Regatta, Inc./   Madison, IN............  Ohio River, Miles 554.0-
 weekends in July.                      Madison Regatta.                                  561.0 (Indiana).
57. 1 day--Third Saturday in July....  Pittsburgh Irish Rowing  Pittsburgh, PA.........  Ohio River, Miles 7.0-
                                        Club/St. Brendan's Cup                            9.0 (Pennsylvania).
                                        Currach Regatta.
58. 1 day--Third or fourth week in     Upper Ohio Valley        Wheeling, WV...........  Ohio River, Miles 90.0-
 July.                                  Italian Heritage                                  90.5 (West Virginia).
                                        Festival/Upper Ohio
                                        Valley Italian
                                        Heritage Festival
                                        Fireworks.
59. 1 day--Saturday Third or Fourth    Oakmont Yacht Club/      Oakmont, PA............  Allegheny River, Miles
 full week of July (Rain date--         Oakmont Yacht Club                                12.0-12.5
 following Sunday).                     Fireworks.                                        (Pennsylvania).
60. 2 days--One weekend in July......  Marietta Riverfront      Marietta, OH...........  Ohio River, Miles 171.6-
                                        Roar Fireworks.                                   172.6 (Ohio).
61. 1 Day--One weekend in July.......  Three Rivers Regatta...  Knoxville, TN..........  Tennessee River, Miles
                                                                                642-653 (Tennessee).
62. 1 day--First week of August......  Kittaning Folk Festival  Kittanning, PA.........  Allegheny River, Miles
                                                                                44.0-46.0
                                                                                (Pennsylvania).
63. 1 day--First week in August......  Gliers Goetta Fest LLC.  Newport, KY............  Ohio River, Miles 469.0-
                                                                                471.0.
64. 1 day--Second full week of August  PA FOB Fireworks         Pittsburgh, PA.........  Allegheny River, Miles
                                        Display.                                          0.8-1.0
                                                                                (Pennsylvania).
65. 1 day--Second Saturday in August.  Guyasuta Days Festival/  Pittsburgh, PA.........  Allegheny River, Miles
                                        Borough of Sharpsburg.                            005.5-006.0
                                                                                (Pennsylvania).
66. 1 day--In the Month of August....  Pittsburgh Foundation/   Pittsburgh, PA.........  Ohio River, Mile 0.0-
                                        Bob O'Connor Cookie                               0.5 (Pennsylvania).
                                        Cruise.
67. 1 day--Third week of August......  Beaver River Regatta     Beaver, PA.............  Ohio River, Miles 25.2-
                                        Fireworks.                                        25.8 (Pennsylvania).
68. 1 day--One weekend in August.....  Parkersburg Homecoming   Parkersburg, WV........  Ohio River, Miles 183.5-
                                        Festival-Fireworks.                               185.5 (West Virginia).
69. 1 day--One weekend in August.....  Ravenswood River         Ravenswood, WV.........  Ohio River, Miles 220-
                                        Festival.                                         221 (West Virginia).
70. 1 day--last 2 weekends in August/  Wheeling Dragon Boat     Wheeling, WV...........  Ohio River, Miles 90.4-
 first week of September.               Race.                                             91.5 (West Virginia).
71. Sunday, Monday, or Thursday from   Pittsburgh Steelers      Pittsburgh, PA.........  Allegheny River, Miles
 August through February.               Fireworks.                                        0.0-0.25, Ohio River,
                                                                                Miles 0.0-0.1,
                                                                                Monongahela River,
                                                                                Miles 0.0-0.1.
                                                                                (Pennsylvania).
72. 1 day--one weekend before Labor    Riverfest/Riverfest Inc  Nitro, WV..............  Kanawha River, Miles
 Day.                                                                                43.1-44.2 (West
                                                                                Virginia).
73. 2 days--Sunday before Labor Day    Cincinnati Bell, WEBN,   Cincinnati, OH.........  Ohio River, Miles 469.2-
 and Labor Day.                         and Proctor and Gamble/                           470.5 (Kentucky and
                                        Riverfest.                                        Ohio) and Licking
                                                                                River, Miles 0.0-3.0
                                                                                (Kentucky).
74. 1 day--Labor Day or first week of  Labor Day Fireworks      Marmet, WV.............  Kanawha River, Miles
 September.                             Show.                                             67.5-68 (West
                                                                                Virginia).
75. 1 day--Second weekend in           Nashville Symphony/      Nashville, TN..........  Cumberland River, Miles
 September.                             Concert Fireworks.                                190.1-192.3
                                                                                (Tennessee).
76. 1 day--Second weekend in           City of Clarksville/     Clarksville, TN........  Cumberland River, Miles
 September.                             Clarksville Riverfest.                            124.5-127.0
                                                                                (Tennessee).
77. 3 days-- Second or third week in   Wheeling Heritage Port   Wheeling, WV...........  Ohio River, Miles 90.2-
 September.                             Sternwheel Festival                               90.7 (West Virginia).
                                        Foundation/Wheeling
                                        Heritage Port
                                        Sternwheel Festival.
78. 1 day--One weekend in September..  Boomtown Days--          Nitro, WV..............  Kanawha River, Miles
                                        Fireworks.                                        43.1-44.2 (West
                                                                                Virginia).
79. 1 day--One weekend in September..  Ohio River Sternwheel    Marietta, OH...........  Ohio River, Miles 171.5-
                                        Festival Committee                                172.5 (Ohio).
                                        fireworks.
80. 1 day--One weekend in September..  Tribute to the River...  Point Pleasant, WV.....  Ohio River, Miles 264.6-
                                                                                265.6 (West Virginia).

81. Multiple days--September through   University of            Pittsburgh, PA.........  Ohio River, Miles 0.0-
 January.                               Pittsburgh Athletic                               0.1, Monongahela
                                        Department/University                             River, Miles 0.0-0.1,
                                        of Pittsburgh                                     Allegheny River, Miles
                                        Fireworks.                                        0.0-0.25
                                                                                (Pennsylvania).
82. 1 day-- First week in October....  Leukemia & Lymphoma      Pittsburgh, PA.........  Ohio River, Miles 0.0-
                                        Society/Light the                                 0.4 (Pennsylvania).
                                        Night.
83. 1 day--Second weekend of October.  Leukemia and Lymphoma    Nashville, TN..........  Cumberland River, Miles
                                        Society/Light the                                 189.7-192.1
                                        Night Walk Fireworks.                             (Tennessee).
84. 1 day--First two weeks in October  Yeatman's Fireworks....  Cincinnati, OH.........  Ohio River, Miles 469.0-
                                                                                470.5 (Ohio).
85. 1 day--Second or third weekend in  Outdoor Chattanooga/     Chattanooga, TN........  Tennessee River, Miles
 October.                               Swim the Suck.                                    452.0-454.5
                                                                                (Tennessee).
86. 1 day--Fourth weekend in October.  Chattajack.............  Chattanooga, TN........  Tennessee River, Miles
                                                                                462.7-465.5
                                                                                (Tennessee).
87. 1 day--One weekend in October....  West Virginia Motor Car  Charleston, WV.........  Kanawha River, Miles 58-
                                        Festival.                                         59 (West Virginia).
88. 1 day--Friday before Thanksgiving  Pittsburgh Downtown      Pittsburgh, PA.........  Allegheny River, Miles
                                        Partnership/Light Up                              0.0-1.0
                                        Night.                                            (Pennsylvania).
89. 1 day--Friday before Thanksgiving  Kittanning Light Up      Kittanning, PA.........  Allegheny River, Miles
                                        Night Firework Display.                           44.5-45.5
                                                                                (Pennsylvania).
90. 1 day--Friday before Thanksgiving  Duquesne Light/Santa     Pittsburgh, PA.........  Monongahela River,
                                        Spectacular.                                      Miles 0.00-0.22,
                                                                                Allegheny River, Miles
                                                                                0.00-0.25, and Ohio
                                                                                River, Miles 0.0-0.3
                                                                                (Pennsylvania).
91. 1 day--Friday before Thanksgiving  Monongahela Holiday      Monongahela, PA........  Ohio River, Miles 31.5-
                                        Show.                                             32.5 (Pennsylvania).
92. 1 day--Friday or Saturday after    Friends of the Festival/ Chattanooga, TN........  Tennessee River, Miles
 Thanksgiving.                          Cheer at the Pier.                                462.7-465.2
                                                                                (Tennessee).
93. 1 day--Third week of November....  Gallipolis in Lights...  Gallipolis, OH.........  Ohio River, Miles 269.2-
                                                                                270 (Ohio).
94. 1 day--December 31...............  Pittsburgh Cultural      Pittsburgh, PA.........  Allegheny River, Miles
                                        Trust/Highmark First                              0.5-1.0
                                        Night Pittsburgh.                                 (Pennsylvania).
95. 7 days--Scheduled home games.....  University of Tennessee/ Knoxville, TN..........  Tennessee River, Miles
                                        UT Football Fireworks.                            645.6-648.3
                                                                                (Tennessee).
----------------------------------------------------------------------------------------------------------------

    Dated: March 21, 2019
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-05849 Filed 3-26-19; 8:45 am]
 BILLING CODE 9110-04-P


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<META name="creation-date" content="22/04/2008 04:40:06 ">
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[Federal Register: September 29, 2009 (Volume 74, Number 187)]
[Notices]
[Page 49873-49874]
[DOCID:fr29se09-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD09-11-000]

Natural Gas Infrastructure and Opportunities for Improved
Efficiency; Notice of Public Conference

September 21, 2009.
    Take notice that a public conference will be held on December 2,
2009, from approximately 9 a.m. until 12 p.m. Eastern Time, in the
Commission Meeting Room on the second floor of the offices of the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC. All interested persons may attend; there is neither
registration nor a registration fee. Commissioners are expected to
participate.
    The conference will focus on waste heat recovery efforts as well as
other efficiency measures in the natural gas industry.
    Transcripts of the conference will be immediately available from
Ace Reporting Company<PHONE_NUMBER> or 1-800-336-6646) for a fee. A
free webcast of this event is available through http://www.ferc.gov.
Anyone with internet access who desires to view this event can do so by
navigating to the Calendar of Events at http://www.ferc.gov and
locating this event in the Calendar. The event will contain a link to
its webcast. The Capitol Connection provides technical support for the
free webcasts. It also offers access to this event via television in
the Washington, DC area and via phone-bridge for a fee. If you have any
questions, visit http://www.CapitolConnection.org or call (703) 993-
3100.
    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free<PHONE_NUMBER>
(voice) or<PHONE_NUMBER> (TTY), or send a FAX to (202)-

208-2106 with the required accommodations. Additional details and the
agenda for this conference will be included in a subsequent notice. For
more information about the conference, please contact Pamela Romano at
(202) 502-6854 (pamela.romano@ferc.gov).

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-23346 Filed 9-28-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 24, 2009 (Volume 74, Number 35)]
[Rules and Regulations]
[Page 8167-8168]
[DOCID:fr24fe09-10]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1211; Airspace Docket No. 08-AGL-13]

Amendment of Class E Airspace; Medford, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E airspace at Medford, WI. Additional
controlled airspace is necessary to accommodate Area Navigation (RNAV)
Standard Instrument Approach Procedures (SIAP) at Taylor County
Airport, Medford, WI. This action also makes a minor change to the
geographical coordinates of Taylor County Airport. The FAA is taking
this action to enhance the safety and management of Instrument Flight
Rule (IFR) operations at Taylor County Airport.

DATES: Effective Date: 0901 UTC, May 7, 2009. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76193-0530; telephone (817)
321-7716.

SUPPLEMENTARY INFORMATION:

History

    On December 18, 2008, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace at Medford, WI,
adding additional controlled airspace at Taylor County Airport,
Medford, WI. (73 FR 76982, Docket No. FAA-2008-1211). Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received. Class E airspace designations are published in paragraph
6005 of FAA Order 7400.9S signed October 3, 2008, and effective October
31, 2008, which is incorporated by reference in 14 CFR Part 71.1. The
Class E airspace designations listed in this document will be published
subsequently in that Order. With the exception of editorial changes,
and the changes described above, this rule is the same as that proposed
in the NPRM.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class E airspace at Medford, WI, adding additional
controlled airspace at Taylor County Airport, Medford, WI., and makes a
minor change to the geographical coordinates of Taylor County Airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (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. Since
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 U.S. 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 I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it adds additional controlled airspace at Taylor County Airport,
Medford, WI.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 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

0
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]

0
2. The incorporation by reference in 14 CFR Part 71.1 of the Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points, signed October 3, 2008, and effective October 31,
2008, is amended as follows:

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

* * * * *

AGL WI E5 Medford, WI [Amended]

Medford, Taylor County Airport, WI
    (Lat. 45[deg]06'05'' N., long. 90[deg]18'03'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.8-mile radius of Taylor County Airport, and within 2.7
miles each side of the 162[deg] bearing from the airport extending
from the 6.8-mile radius to 7 miles southeast of the airport.
* * * * *

    Issued in Fort Worth, TX, on February 12, 2009.
Roger M. Trevino,
Acting Manager, Operations Support Group
 [FR Doc. E9-3822 Filed 2-23-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 131 (Friday, July 8, 2016)]
[Notices]
[Pages 44675-44680]
[FR Doc No: 2016-16199]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0180]

Agency Information Collection Activities; New Information
Collection Request: 391.41 CMV Driver Medication Form

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

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval and invites public comment on the approval of a new
Information Collection (IC) titled, 391.41 CMV Driver Medication Form.
Comments received in response to this notice are sent to the OMB Desk
Officer to address. This IC is voluntary and may be utilized by medical
examiners (MEs) responsible for issuing Medical Examiner's Certificates
(MECs) to commercial motor vehicle (CMV) drivers. MEs that choose to
use this IC will do so in an effort to communicate with treating
healthcare professionals who are responsible for prescribing certain
medications, so that the ME fully understands the reasons the
medications have been prescribed. The information obtained by the ME
when utilizing this IC will assist the ME in determining if the driver
is medically certified according to the physical qualifications
standards outlined in 49 CFR 391.41 and to ensure that there are no
disqualifying medical conditions or underlying medical conditions and

prescribed medications that could adversely affect their safe driving
ability or cause incapacitation constituting a risk to the public.

DATES: Please send your comments to this notice by August 8, 2016. OMB
must receive your comments by this date to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2015-0180. Interested persons are
invited to submit written comments on the proposed IC to the Office of
Information and Regulatory Affairs, Office of Management and Budget.
Comments should be addressed to the attention of the Desk Officer,
Department of Transportation/Federal Motor Carrier Safety
Administration, and sent via electronic mail to
<EMAIL_ADDRESS>faxed to<PHONE_NUMBER>, or mailed to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC
20503.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>U.S.
Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE., Room W64-113, Washington,
DC 20590-0001.

SUPPLEMENTARY INFORMATION:
    Title: 391.41 CMV Driver Medication Form.
    OMB Control Number: 2126-00XX.
    Type of Request: New collection.
    Respondents: Prescribing healthcare professionals.
    Estimated Number of Respondents: 1,082,200 (total number of
prescribing healthcare providers in the U.S.).
    Estimated Time per Response: 8 minutes.
    Expiration Date: N/A. This is a new ICR.
    Frequency of Response: Voluntary.
    Estimated Total Annual Burden: 144,293 hours [1,082,200 responses x
8 minutes to complete response/60 minutes = 144,293].
    Background: The primary mission of FMCSA is to reduce crashes,
injuries, and fatalities involving large trucks and buses. The
Secretary of Transportation has delegated to FMCSA its responsibility
under 49 U.S.C. 31136 and 31502 to prescribe regulations that ensure
that CMVs are operated safely. As part of this mission, the Agency's
Medical Programs Division works to ensure that CMV drivers engaged in
interstate commerce operations are physically qualified and able to
safely perform their work.
    Information used to determine and certify driver medical fitness
must be collected in order for our highways to be safe. FMCSA is the
Federal government agency authorized to require the collection of this
information and the authorizing regulations are located at 49 CFR parts
390-399. FMCSA is required by statute to establish standards for the
physical qualifications of drivers who operate CMVs in interstate
commerce for non-excepted industries [49 U.S.C. 31136(a)(3) and
31502(b)]. The regulations discussing this collection are outlined in
the Federal Motor Carrier Safety Regulations (FMCSRs) at 49 CFR part
390-399. FMCSRs at 49 CFR 391.41 set forth the physical qualification
standards that interstate CMV drivers who are subject to part 391 must
meet, with the exception of commercial driver's license/commercial
learner's permit (CDL/CLP) drivers transporting migrant workers (who
must meet the physical qualification standards set forth in 49 CFR
398.3). The FMCSRs covering driver physical qualification records are
found at 49 CFR 391.43, which specify that a medical examination be
performed on CMV drivers subject to part 391 who operate in interstate
commerce. The results of the examination shall be recorded in
accordance with the requirements set forth in that section.
    49 CFR 391.41(b)(12) states that a person is physically qualified
to drive a CMV if that person does not use any drug or substance
identified in 21 CFR 1308.11 Schedule I, an amphetamine, a narcotic, or
other habit-forming drug and does not use any non-Schedule I drug or
substance that is identified in the other Schedules in 21 CFR part 1308
except when the use is prescribed by a licensed medical practitioner,
as defined in Sec.  382.107, who is familiar with the driver's medical
history and has advised the driver that the substance will not
adversely affect the driver's ability to safely operate a CMV.
    In 2006, FMCSA's Medical Review Board (MRB) deliberated on the
topic of the use of Schedule II medications. The MRB considered
information provided in a 2006 FMCSA sponsored Evidence Report and a
subsequent Medical Expert Panel (MEP) to examine the relationship
between the licit use of Schedule II medications and the risk for a
motor vehicle crash. In 2013, FMCSA tasked the MRB with updating the
opinions and recommendations of the 2006 Evidence Report and MEP.
    On September 10, 2013, the MRB and Motor Carrier Safety Advisory
Committee (MCSAC) met jointly to hear presentations on the licit use of
Schedule II medications and their regulation, and on U.S. Department of
Transportation drug and alcohol testing protocols. Subsequently, the
committees engaged in a discussion on the issue as it applies to CMV
drivers. On September 11, 2013, the MRB discussed the issue in greater
detail as its task to present a report to the Agency relating to CMV
drivers and Schedule II medication use and to develop a form for MEs on
the National Registry of Certified Medical Examiners (National
Registry) to send to treating clinicians of CMV drivers to expound on
the use of these medications by driver applicants. On October 22, 2013,
the MRB submitted their recommendations to FMCSA. A MEP convened to
provide an updated opinion on Schedule II Opioids and Stimulants & CMV
Crash Risk and Driver Performance. The FMCSA revised the task of the
MRB instructing them to review an updated evidence report and the MEP
opinion that was furnished subsequent to its deliberations on Schedule
II Opioids and Stimulants & CMV Crash Risk and Driver Performance:
Evidence Report and Systematic Review. FMCSA directed the MRB to
consider this report's findings and confer with the MCSAC on this topic
during a joint meeting in October 2014. The MRB met in public meetings
on July 29-30, 2014, and developed Schedule II medication
recommendations. The MRB presented these recommendations to the MCSAC
in a joint public meeting on October 27, 2014, where they were
deliberated by both committees. As a result, FMCSA's MRB and MCSAC
provided joint recommendations related to the use of Schedule II
medications by CMV drivers. Because there is moderate evidence to
support the contention that the licit use of opioids increases the risk
of motor vehicle crashes and impacts indirect measures of driver
performance negatively, included was the recommendation that FMCSA
develop a standardized medication questionnaire to assist the certified
ME when reviewing prescription medications that have been disclosed
during the history and physical examination for CMV driver
certification. The two advisory groups recommended to FMCSA that the
standardized CMV driver medication questionnaire be voluntary and
include the following information and questions:
    1. Questionnaire should be titled 391.41 CMV Driver Medication
Questionnaire.
    2. Questionnaire should request the following information:
    a. Identifying name and date of birth of the CMV driver.

    b. Introductory paragraph stating purpose of the CMV Driver
Medication Report.
    c. Statements of Sec.  391.41(b)(12) (Physical Qualifications of
Drivers relating to driver use of scheduled substances) and The
Driver's Role, as found in the Medical Examination Report form found at
the end of 49 CFR 391.43 (Medical Examination; Certificate of Physical
Examination).
    d. Name, state of licensure, signature, address and contact
information of the prescribing healthcare provider, as well as the date
the form was completed.
    e. Name, signature, date, address and contact information of the
certified ME.
    3. Report should include the following information:
    a. 1--List all medications and dosages that you have prescribed to
the above named individual.
    b. 2--List any other medications and dosages that you are aware
have been prescribed to the above named individual by another treating
healthcare provider.
    c. 3--What medical conditions are being treated with these
medications?
    d. 4--It is my medical opinion that, considering the mental and
physical requirements of operating a CMV and with awareness of a CMV
driver's role (consistent with The Driver's Role statement on page 2 of
the form), I believe my patient: (a) Has no medication side effects
from medication(s) that I prescribe that would adversely affect the
ability to operate a CMV safely; and (2) has no medical condition(s)
that I am treating with the above medication(s) that would adversely
affect the ability to operate a CMV safely.
    The public interest in, and right to have, safe highways requires
the assurance that drivers of CMVs can safely perform the increased
physical and mental demands of their duties. FMCSA's medical standards
provide this assurance by requiring drivers to be examined and
medically certified as physically and mentally qualified to drive.
    The purpose for collecting this information is to assist the ME in
determining if the driver is medically qualified under 49 CFR 391.41
and to ensure that there are no disqualifying medical conditions that
could adversely affect their safe driving ability or cause
incapacitation constituting a risk to the public. 49 CFR 391.41(b)(12)
states that a person is physically qualified to drive a CMV if that
person does not use any drug or substance identified in 21 CFR 1308.11
Schedule I, an amphetamine, a narcotic, or other habit-forming drug and
does not use any non-Schedule I drug or substance that is identified in
the other Schedules in 21 CFR part 1308 except when the use is
prescribed by a licensed medical practitioner, as defined in Sec.
382.107, who is familiar with the driver's medical history and has
advised the driver that the substance will not adversely affect the
driver's ability to safely operate a CMV.
    The use of this IC is at the discretion of the ME to facilitate
communication with treating healthcare professionals who are
responsible for prescribing certain medications so that the ME fully
understands the reasons the medications have been prescribed. This
information will assist the ME in determining whether the underlying
medical condition and the prescribed medication will impact the
driver's safe operation of a CMV. Therefore, there is no required
collection frequency.
    The 391.41 CMV Driver Medication Form will be available as a
fillable PDF or may be downloaded from the FMCSA Web site. Prescribing
healthcare providers will be able to fax or scan and email the report
to the certified ME. Consistent with the OMB's commitment to minimizing
respondents' recordkeeping and paperwork burdens and the increased use
of secure electronic modes of communication, the Agency anticipates
that approximately 50 percent of the 391.41 CMV Driver Medication Forms
will be transmitted electronically.
    The information collected from the 391.41 CMV Driver Medication
Form, will be used by the certified ME that requested the completion of
the form and will become part of the CMV driver's medical record
maintained by the certified ME. Therefore, the information will not be
available to the public. The FMCSRs covering driver physical
qualification records are found at 49 CFR 391.43, which specify that a
medical examination be performed on CMV drivers subject to part 391 who
operate in interstate commerce. The results of the examination shall be
recorded in accordance with the requirements set forth in that section.
MEs are required to maintain records of the CMV driver medical
examinations they conduct. Disclaimer language is displayed at the end
of the medical form to declare sensitive information on the form must
be handled and maintained securely to prevent inadvertent disclosure.
The language also states the form is for official use only, by
authorized persons, and the form should be properly disposed of when no
longer required.

Discussion of Comments Received

A. Overview of Comments

    In response to the Federal Register notice published on November
25, 2015, requesting public comment concerning the necessity of the
proposed IC, the accuracy of the estimated burden, how the quality of
collected information could be enhanced, and ways in which the burden
could be minimized without reducing the quality of the collected
information (80 FR 73871), FMCSA received 14 comments. The commenters
included certified MEs, CMV drivers, training organizations, the
American Trucking Associations (ATA), the Owner-Operator Independent
Drivers Association (OOIDA), and the American College of Occupational
and Environmental Medicine (ACOEM).
    The first area of comments involved the effectiveness of the 391.41
CMV Driver Medication Form. The second area of comments discussed the
burden hours and costs. The final area of comments were issues that
were considered outside the scope of this ICR and the optional use of
the 391.41 CMV Driver Medication Form. These comments will be briefly
summarized with an explanation as to why the issues raised are not
within the scope of this notice.
    Five commenters expressed support for the ICR and two commenters
explicitly opposed the ICR. The remaining seven neither supported nor
opposed the ICR, but raised concerns or provided suggestions for
changes to the optional form.
    The following sections provide details regarding specific issues
raised by the commenters.

B. Effectiveness of the 391.41 CMV Driver Medication Form

    ACOEM acknowledged that the current process used by MEs is clearly
inadequate but also feels that the form falls far short of being able
to adequately assess whether a driver will be impaired by medications
or an underlying medical condition. They also stated that many
healthcare providers do not fully understand the safety risks and
responsibilities of the CMV driver and would rely on the patient's
statement that the medication does not impair the driver's ability to
safely operate a CMV. Therefore, they believe that the prescribing
healthcare provider statements would not be reliable. ACOEM also
believes that the form does not go far enough to address the use of
opioids by drivers and the rapid increase in adverse effects of opioid
use and suggests that FMCSA strive for a form that becomes the standard
of

practice that requires the treating provider and the ME to be aware of
medications and conditions, including opioid use.
    Others commented that some physicians have no problem stating that
their patient is safe to drive a CMV while taking these medications
leaving the ME that disagrees and is not willing to issue the driver a
MEC with a driver that is angry based on the differing opinions. OOIDA
stated that the form would be a direct challenge to the treating
physician according to Sec.  391.41(b)(12)(ii) that states ``A person
is physically qualified to drive a commercial motor vehicle if that
person does not use any non-Schedule I drug or substance that is
identified in the other Schedules in 21 CFR part 1308 except when the
use is prescribed by a licensed medical practitioner, as defined in
Sec.  392.107, who is familiar with the driver's medical history and
has advised the driver that the substance will not adversely affect the
driver's ability to safely operate a commercial vehicle.'' They believe
that this form challenges the opinion of the driver's treating
physician and puts it in the hands of a stranger with no knowledge of
the driver's background and who is unfamiliar with the driver's medical
history.
FMCSA Response
    FMCSA is providing the 391.43 CMV Driver Medication Form at the
request of MEs to be used at their discretion, and as a resource for
assisting MEs in making medical certification determinations of
interstate CMV drivers. Use of the form is voluntary and MEs may do so
in an effort to communicate with treating healthcare providers who are
responsible for prescribing certain medications, so that the ME fully
understands the reasons the medications have been prescribed.
Information about the driver's role was specifically added to the form
to assist those healthcare providers that do not fully understand the
safety risks and responsibilities of the CMV driver and in an effort to
obtain reliable data. The form was specifically designed to address any
medications that a driver is taking that may impair his/her ability to
safety operate a CMV and was not intended to address only opioids.
    The information obtained by the ME when utilizing the optional
391.41 CMV Driver Medication Form will assist the ME in determining if
the driver is medically qualified under 49 CFR 391.41 and to ensure
that there are no disqualifying medical conditions or underlying
medical conditions and prescribed medications that could adversely
affect the driver's safe driving ability or cause incapacitation
constituting a risk to the public. The decision to certify a driver is
a discretionary decision that rests with the certifying ME. MEs may
disqualify a driver who takes any medications or combination of
medications and substances that may impair or interfere with safe
driving practices.

C. Burden Hours and Costs

    Several commenters expressed concern that prescribing healthcare
providers would not respond in a timely manner or at all, and that
delays would be costly to drivers and motor carriers. ATA stated that
FMCSA should consider the impact of potential delays to driver
recertification, because the form does not advise prescribing
healthcare providers to complete and return the form to the requesting
ME within a specific timeframe, nor does it require MEs to certify a
driver who is medically qualified even in the absence of the completed
form. They expressed concern that the lack of such language could
result in unnecessary and costly delays that would penalize qualified
drivers due to circumstances that are out of their control. ATA
recommended that if a prescribing healthcare provider is unable to
return the form to a ME in a timely manner, FMCSA should advise MEs to
continue to use their own judgement and certify drivers in these
circumstances if they find them to be medically qualified.
    Others commented that MEs will find the proposed form to be too
restrictive and excessive explaining that although a full list of
medications seems to be a good idea, it could significantly increase
the effort required by the prescribing healthcare providers which is
counterproductive to obtaining their assistance. Suggestions were made
to ask the prescribing healthcare provider a single question such as is
the driver taking any other medications that may be a risk to safe
driving, to list only those medications that would negatively affect
the ability of the driver to safely operate a CMV, or to only ask about
medications that are of concern that the patient reported. Dr. Michael
Megehee recommended including a statement that FMCSA guidelines require
the ME to ask the prescribing healthcare provider for assistance in
determining whether the driver is safe to operate a CMV and they meet
the FMCSRs and that although the ME considers the opinions of treating
physicians, the ME is responsible for making the final medical
qualification determination.
    ATA stated that while this IC may be a useful tool to many MEs in
determining whether a driver is medically qualified, in certain cases,
it will not always be necessary. They believe that in most situations,
the ME should be able to verify the accuracy of the information
provided by the driver and the need for the medication based upon their
training and experience in performing medical examinations and a robust
conversation with the driver. They suggested that to avoid any
unnecessary and costly delays to drivers and carriers alike, FMCSA
should emphasize to MEs that the form is strictly voluntary and not a
de facto standard when performing medical examinations. They also
suggested that the form be consistent with the newly revised MER Form,
MCSA-5875 by limiting its inquiry into medications that the driver is
currently prescribed and that the prescribing healthcare provider
should only report those medications that they can confirm have been
prescribed. They stated that asking for all prescribed medications
imposes a burden on healthcare providers without any significant
positive impact on safety and suggested asking healthcare providers to
list those medications that a driver is currently prescribed and would
negatively affect their ability to safely operate a CMV will
dramatically limit the collection burden without diminishing the
quality of the information being collected.
    OOIDA stated that there will be an increase in the number of
inconsistencies in the medical certification process as MEs with no
personal relationship with the driver attempt to evaluate a great deal
of long-term medication usage. They stated that the proposed use of the
391.41 CMV Driver Medication Form invites second guessing of a primary
physician by MEs who are empowered by an unreliable medical form and
that it invites the ME to question every medication and dosage which
has been previously prescribed. They feel that this IC will only
increase problems drivers have already experienced with MDs, which have
resulted in higher costs and lengthier delays for drivers. Ultimately,
they stated that the IC will lead to higher costs and longer wait times
for drivers as they complete the examination with a ME and that it is
already a common occurrence for the ME to conduct excessive testing
beyond what is required under the current medical examination form.
OOIDA points out that the IC is not limited to Schedule II drugs and
could include items with no perceptible link to the safe operation of a
CMV and believes that requesting an unlimited amount of

information is not helpful to determining a driver's fitness to operate
a CMV and that there is no need to require a listing of any prescribed
drugs beyond those regulated by Sec.  382.213: Controlled substance
use.
FMCSA Response
    FMCSA does not believe that the form will add any time to the
certification decision nor is it necessary to advise the ME to make a
certification decision at any specified time after sending the 391.41
CMV Driver Medication Form to the prescribing healthcare provider. In
addition, the Medical Examiner's Certification Integration final rule
provides a determination pending category that allows the driver to
continue to operate a CMV as long as the driver has an unexpired MEC,
for a maximum of 45 days, if the ME needs additional information to
make a certification decision making additional delays unlikely.
    As previously stated, the form was specifically designed to address
any prescription medications that a driver is taking that may impair
his/her ability to safely operate a CMV. Therefore, the Agency does not
believe that the form is too restrictive or excessive nor will it
significantly increase the effort required by the prescribing
healthcare providers. Instead, the Agency believes that the form will
be a useful resource for MEs in making a medical certification decision
of drivers that are taking prescribed medications.
    Because the prescribing healthcare provider is not trained
regarding the FMCSRs and may not be a certified ME, FMCSA does not
believe that asking the prescribing healthcare provider a single
question such as is the driver taking any other medications that may be
a risk to safe driving, to list only those medications that would
negatively affect the ability of the driver to safely operate a CMV, or
to only ask about medications that are of concern that the patient
reported would provide reliable information to assist the ME in making
a medical certification decision. FMCSA is not requiring MEs to use the
391.41 CMV Driver Medication Form, use of the form is completely
voluntary. Therefore, it would not be appropriate to add a statement
that FMCSA is requiring MEs to ask the prescribing healthcare provider
for assistance in determining whether the driver is safe to operate a
CMV and that they meet the FMCSRs. The fact that the ME is responsible
for making the final medical certification determination is stated on
the form.
    FMCSA continues to emphasize that the 391.41 CMV Driver Medication
Form is optional and may be used at the discretion of the ME as a
resource for the ME to communicate with prescribing healthcare
providers, enabling the ME to make a more informed medical
certification determination. When used, this form will supplement the
MER Form, MCSA-5875 by asking for all medications that the prescribing
healthcare provider has prescribed and any other medications that they
are aware have been prescribed by another treating healthcare provider,
and was designed to address any prescription medications that a driver
is taking that may impair his/her ability to safety operate a CMV. The
Agency does not feel that asking for all medications prescribed on this
optional form imposes a burden on healthcare providers without any
significant positive impact on safety and that limiting the collection
to only medications that a driver is currently prescribed that the
prescribing healthcare provider feels would negatively affect their
ability to safely operate a CMV would diminish the quality of the
information being collected.
    Interstate CMV drivers are required to use a certified ME listed on
the National Registry for their medical examination and certification.
Therefore, in many cases the driver is going to a ME that they do not
have a personal relationship with. The use of the optional 391.41 CMV
Driver Medication Form does not change this fact nor does it have a
negative impact. The 391.41 CMV Driver Medication Form is a tool to
collect information that the MEs already collect at their discretion
when performing driver examinations. This optional form will serve as a
resource for the ME to use in communicating with prescribing healthcare
providers, enabling the ME to make a more informed medical
certification determination. The decision to certify a driver is a
discretionary decision that continues to rest with the certifying ME.
As previously stated, MEs may disqualify a driver who takes any
medications or combination of medications and substances that may
impair or interfere with safe driving practices.

D. Issues Outside the Scope of This Notice

    A number of respondents submitted comments on topics that were
outside the scope of what was proposed in this notice. This notice
specifically requested comments related to the proposed IC and optional
form to be used as an IC tool.
1. Schedule II Medication Use
    OOIDA disputed the fact that there is moderate evidence of
increased risk due to Schedule II drug use and stated that the paucity
of data shows that few CMV drivers have had problems with licit
Schedule II drug use, or even prescription medications. They also
stated that studies do not show that a significant number of CMV
operators are crashing due to prescription medication use and that
because insufficient data exists regarding the use of Schedule II drugs
by CMV drivers should be an indication to the MRB and FMCSA that there
are very few CMV drivers who have had problems with licit Schedule II
drug usage.
    Dr. Kurt T. Hegmann stated that this form should not be adopted for
opioids/Schedule II medications, because this form is not evidence-
based, not validated, there is no objective test to figure out who is
unsafe and will crash if using opioids/Schedule II medications, and the
form will cause a false sense of security that both endorses narcotics-
using truck drivers and a method to sign the form to approve them to
drive under the influence, and is likely to inadvertently further
increase fatalities. He also stated that the form appears to evade the
FDA-supported advice on opioid prescription labels that uniformly warn
against vehicle operation and suggested we adopt the 2006 MEP
recommendation to eliminate the potential exception that a prescriber
who thought someone could drive, would be allowed to drive on opioids.
Dr. Hegamann believes that this form will not help the Agency meet its
primary mission. Instead he states that individuals using opioids
should not drive trucks and instead should be tapered and/or de-toxed
and then resume driving off those medications.
    On the other hand, ACOEM, stated that the form does not go far
enough to address the use of opioids by drivers and the rapid increase
in adverse effects of opioid use. They pointed out that the original
proposed version of this form goes back to the 2006 Schedule II
Medication Panel and had significantly more content, which would have
given the treating provider and the ME a clearer understanding of the
impairment risks of the medications. They suggested any form
incorporate some of the recommendations from the MRB and MCSAC joint
Task 14-3: Schedule II Controlled Substances and CMV Drivers including
the recommendation that a driver should not be medically qualified to
operate a CMV while he/she is under treatment with narcotics or any
narcotic derivative without exception. They go

on to explain that because the current exception remains in the FMCSRs
(40 CFR 391.41(b)(12)(ii)), they recommend guidelines be provided to
MEs regarding the use of narcotics.
FMCSA Response
    Although optional use of the 391.41 CMV Driver Medication Form was
introduced as a result of the MRB and MCSAC recommendations related to
the use of Schedule II medications by CMV drivers, the recommendation
was for FMCSA to develop a standardized form to assist the certified ME
when reviewing prescription medications that have been disclosed during
the history and physical examination for CMV driver certification.
Therefore, the form was not designed to specifically address Schedule
II medications. The form was designed to address any prescription
medications that a driver is taking that may impair his/her ability to
safety operate a CMV. FMCSA is not considering a change in the
regulations or guidance that would prohibit or advise the ME regarding
Schedule II medications at this time. Therefore, these comments are
outside of the scope of this notice.
2. Qualifications of the ME
    Several commenters stated that a ME might not be qualified to make
a medical qualification decision if the driver uses Schedule II
medications, because of a lack of training in pharmacology.
    OOIDA stated that the personal physician is best equipped to review
a driver's medical history and suggested that a personal physician be
the one to review the driver's medical history and make the decision
whether a medication will adversely affect the driver's ability to
safely operate a CMV.
    Dr. Hegmann advocated for implementation of the MRB's
recommendation that ME eligibility be limited to those medically
trained (i.e., MD, DO, PA and NPs). He stated that the concept that
these medically untrained examiners can make an informed judgment about
driver impairment from narcotics, assess how opioids may interact with
other medications, provide guidance to truck drivers, and judge fitness
to drive is factually false. Dr. Hegmann feels that FMCSA does not rely
on recommendations of the MRB and will selectively use whichever source
of guidance is least restrictive which is directly contrary to the
central, stated purpose of the Agency.
FMCSA Response
    FMCSA responded to the question of who is qualified to be a ME in
the National Registry of Certified Medical Examiners final rule (77 FR
24106, April 20, 2012), and is not considering a change to the
regulation in 49 CFR 390.103, Eligibility requirements for medical
examiner certification in this notice. Therefore, these comments are
outside the scope of this notice.
    Public Comments Invited: FMCSA requests that you comment on any
aspect of this information collection, including: (1) Whether the
proposed collection is necessary for FMCSA to perform its functions,
(2) the accuracy of the estimated burden, (3) ways for the FMCSA to
enhance the quality, usefulness, and clarity of the collected
information, and (4) ways that the burden could be minimized without
reducing the quality of the collected information. Comments received in
response to this notice are sent to the OMB Desk Officer to address.

    Issued under the authority delegated in 49 CFR 1.87 on: June 30,
2016.
G. Kelly Regal,
Associate Administrator, Office of Research and Information Technology.
[FR Doc. 2016-16199 Filed 7-7-16; 8:45 am]
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