[Federal Register: June 12, 2008 (Volume 73, Number 114)]
[Notices]
[Page 33481-33485]
[DOCID:fr12jn08-116]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57936; File No. SR-Phlx-2008-36]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Relating to List and Trade Options on Full and Reduced Values of the
Nasdaq-100 Index

June 6, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 4, 2008, the Philadelphia Stock Exchange, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
The Exchange has designated the proposed rule change as a ``non-
controversial'' rule change pursuant to Section 19(b)(3)(A) of the Act
\3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposed rule
change effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange, pursuant to Section 19(b)(1) of the Act \5\ and Rule
19b-4 thereunder,\6\ proposes to amend Phlx Rule 1079 (FLEX Index,
Equity and Currency Options), Rule 1001A (Position Limits), and Rule
1101A (Terms of Options Contracts), to enable the Exchange to list and
trade options on full and reduced values of the Nasdaq-100 Index. Phlx
also proposes to list and trade FLEX options \7\ and long-term options
\8\ on full and reduced values of the Index. The text of the proposed
rule change is available at Phlx, the Commission's Public Reference
Room, and http://www.phlx.com/exchange/phlx-rule-fil.htm.
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    \5\ 15 U.S.C. 78s(b)(1).
    \6\ 17 CFR 240.19b-4.
    \7\ FLEX Options are flexible exchange-traded options contracts
that overlie equity on index securities. FLEX Options provide
investors with the ability to customize basic option features
including size, expiration date, exercise style, and certain
exercise prices. FLEX Options may have expiration dates within five
years. See Phlx Rule 1079.
    \8\ Long term options are series of options having up to sixty
months to expiration. They are structurally similar to shorter-term
options and are sometimes known as Long-Term Entity Anticipation
Securities (LEAPS). See Phlx Rule 1101A(b).
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II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

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

    In its filing with the Commission, Phlx included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Phlx has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects of such statements.

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

1. Purpose
    Phlx proposes to list and trade cash-settled, European-style, index
options, including FLEX options and long-term options, on the full and
reduced values of the Nasdaq 100 Index (the ``Index''), a stock index
calculated and maintained by Nasdaq.\9\ Specifically, the Exchange
proposes to list options based upon the full value of the Index
(``Full-size Nasdaq 100 Index'' or ``NDX'') as well as one-tenth of the
value of the Nasdaq 100 Index (``Mini Nasdaq 100 Index'' or ``MNX'').
The options on NDX and MNX listed on Phlx will be identical to those
already listed on multiple exchanges.
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    \9\ A description of the Index is available on Nasdaq's Web site
at http://dynamic.nasdaq.com/dynamic/nasdaq100_activity.stm.
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    Phlx is filing the proposed rule change because options on the
Nasdaq 100 Index will not otherwise qualify for listing on the Exchange
due to the component weightings of the Index. Specifically, Phlx Rule
1009A(d), which allows the listing of options on a broad-based index
currently requires that no component of a broad-based index account for
more than ten percent of the weight of the index.\10\ Therefore, like
the six other options exchanges that currently trade options on the
Index, Phlx is seeking approval to list and trade options on the Index
under the conditions and according to the standards set forth below.
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    \10\ See Securities Exchange Act Release No 54158 (July 17,
2006), 71 FR 41853, (July 24, 2006)(SR-Phlx-2006-17).
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    This filing is based on a recently authorized Nasdaq proposal to
list full and reduced value options on the Index.\11\
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    \11\ See Security Exchange Act Release No 57654 (April 11,
2008), 73 FR 21003 (April 17, 2008)(SR-NASDAQ-2008-028).
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Index Design and Composition
    The Index was launched in January 1985 and represents the largest
non-financial domestic and international issues listed on Nasdaq based
on market capitalization. The Index reflects companies across major
industry groups, including computer hardware and software,
telecommunications, retail/wholesale trade, and biotechnology.
    The Index is calculated using a modified capitalization-weighted
methodology. The value of the Index equals the aggregate value of the
Index share weights of each of the component securities multiplied by
each security's

respective official closing price on Nasdaq, divided by the Divisor.
The Divisor serves the purpose of scaling such aggregate value
(otherwise in the trillions) to a lower order of magnitude which is
more desirable for Index reporting purposes. If trading in an Index
security is halted while the market is open, the last Nasdaq traded
price for that security is used for all index computations until
trading resumes. If trading is halted before the market is open, the
previous day's official closing price is used. Additionally, the Index
ordinarily is calculated without regard to dividends on component
securities. The modified capitalization-weighted methodology is
expected to retain, in general, the economic attributes of
capitalization weighting, while providing enhanced diversification. To
accomplish this, Nasdaq reviews the composition of the Index quarterly
and adjusts the weighting of Index components using a proprietary
algorithm, if certain pre-established weight distribution requirements
are not met.
    Nasdaq has certain eligibility requirements for inclusion in the
Index.\12\ For example, to be eligible for inclusion in the Index, a
component security must be exclusively listed on the Nasdaq Global
Select or Nasdaq Global Market, or dually listed on a national
securities exchange prior to January 1, 2004.\13\ Only one class of
security per issuer is considered for inclusion in the Index.
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    \12\ The initial eligibility criteria and continued eligibility
criteria are available on Nasdaq's Web site at http://
dynamic.nasdaq.com/dynamic/nasdaq100--activity.stm.
    \13\ In the case of spin-offs, the operating history of the
spin-off will be considered by Nasdaq. Additionally, if a component
security will otherwise qualify to be in the top 25% of securities
included in the Index by market capitalization for the six prior
consecutive months, it will be eligible if it had been listed for
one year.
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    Additionally, the issuer of a component security cannot be a
financial or investment company and cannot currently be involved in
bankruptcy proceedings. Criteria for inclusion also require the average
daily trading volume of a component security to be at least 200,000
shares on Nasdaq. If a component security is of a foreign issuer, based
on its country of incorporation, it must have listed options or be
eligible for listed-options trading. In addition, the issuer of a
component security must not have entered into any definitive agreement
or other arrangement which will likely result in the security no longer
being Index eligible. An issuer of a component security also must not
have annual financial statements with an audit opinion that is
currently withdrawn.
    As of December 31, 2007, the following were characteristics of the
Index:
     The total capitalization of all components of the Index
was $2.35 trillion;
     Regarding component capitalization, (a) The highest
capitalization of a component was $333.05 billion (Microsoft Corp.),
(b) the lowest capitalization of a component was $2.872 billion
(Tellabs, Inc.), (c) the mean capitalization of the components was
$23.53 billion, and (d) the median capitalization of the components was
$8.71 billion;
     Regarding component price per share, (a) The highest price
per share of a component was $691.48 (Google Inc.), (b) the lowest
price per share of a component was $3.03 (Sirius Satellite Radio Inc.),
(c) the mean price per share of the components was $55.05, and (d) the
median price per share of the components was $35.10;
     Regarding component weightings, (a) The highest weighting
of a component was 13.75% (Apple Inc.), (b) the lowest weighting of a
component was 0.09% (Tellabs, Inc.), (c) the mean weighting of the
components was 1.00%, (d) the median weighting of the components was
0.53%, and (e) the total weighting of the top five highest weighted
components was 33.93% (Apple Inc., Microsoft Corporation, Google Inc.,
QUALCOMM Incorporated, and Research in Motion Limited.);
     Regarding component available shares, (a) The most
available shares of a component was 8.11 billion shares (Microsoft
Corp.), (b) the least available shares of a component was 22.68 million
shares (Baidu.com, Inc.), (c) the mean available shares of the
components was 577.60 million shares, and (d) the median available
shares of the components was 211.69 million shares;
     Regarding the six-month average daily volumes of the
components, (a) The highest six-month average daily volume of a
component was 65.63 million shares (Microsoft Corp.), (b) the lowest
six-month average daily volume of a component was 553,240 shares (Henry
Schein, Inc.), (c) the mean six-month average daily volume of the
components was 9.10 million shares, (d) the median six-month average
daily volume of the components was 3.37 million shares, (e) the average
of six-month average daily volumes of the five most heavily traded
components was 285.37 million shares (Microsoft Corp., Intel Corp., Sun
Microsystems, Inc., Cisco Systems, Inc., and Level 3 Communications,
Inc.), and (f) 100% of the components had a six-month average daily
volume of at least 50,000; and
     Regarding option eligibility, (a) 99.3% of the components
were options eligible, as measured by weighting, and (b) 96.0% of the
components were options eligible, as measured by number.
Index Calculation and Index Maintenance
    In recent years, the value of the Full-size Nasdaq 100 Index has
increased significantly, such that the value of the Index stood at
2084.93 as of December 31, 2007. As a result, the premium for the Full-
size Nasdaq 100 Index options also has increased. The Exchange believes
that this has caused Full-size Nasdaq 100 Index options to trade at a
level that may be uncomfortably high for retail investors. The Exchange
believes that listing options on reduced values will attract a greater
source of customer business than if the options were based only on the
full value of the Index. The Exchange further believes that listing
options on reduced values will provide an opportunity for investors to
hedge, or speculate on, the market risk associated with the stocks
comprising the Index. Additionally, by reducing the values of the
Index, investors will be able to use this trading vehicle while
extending a smaller outlay of capital. The Exchange believes that this
should attract additional investors and, in turn, create a more active
and liquid trading environment.\14\
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    \14\ Options trading on MNX have generated considerable interest
from investors, as measured by its robust trading volume on multiple
exchanges in the last quarter of 2007 (2,181,126 contracts total).
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    The Full-size Nasdaq 100 Index and the Mini Nasdaq 100 Index levels
are calculated continuously, using the last sale price for each
component stock in the Index, and are disseminated every 15 seconds
throughout the trading day.\15\ The Full-size Nasdaq 100 Index level
equals the current market value of component stocks multiplied by 125
and then divided by the stocks' market value of the adjusted base
period. The adjusted base period market value is determined by
multiplying the current

market value after adjustments, times the previous base period market
value and then dividing that result by the current market value before
adjustments. To calculate the value of the Mini Nasdaq 100 Index, the
full value of the Index is divided by ten. To maintain continuity for
the Index's value, the divisor is adjusted periodically to reflect
events such as changes in the number of common shares outstanding for
component stocks, company additions or deletions, corporate
restructurings, or other capitalization changes.
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    \15\ Full-size Nasdaq 100 Index and Mini Nasdaq 100 Index levels
are disseminated through the Nasdaq Index Dissemination Services
(``NIDS'') during normal Nasdaq trading hours (9:30 a.m. to 4 p.m.
ET). The Index is calculated using Nasdaq prices (not consolidated)
during the day and the official closing price for the close. The
closing value of the Index may change until 5:15 p.m. ET due to
corrections to the NOCP of the component securities. In addition,
the Index is published daily on Nasdaq's Web site and through major
quotation vendors such as Reuters and Thomson's ILX.
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    The settlement values for purposes of settling both Full-size
Nasdaq 100 Index (``Full-size Settlement Value'') and Mini Nasdaq 100
Index (``Mini Settlement Value'') are calculated based on a volume-
weighted average of prices reported in the first five minutes of
trading for each of the component securities on the last business day
before the expiration date (``Settlement Day'').\16\ The Settlement Day
is normally the Friday preceding ``Expiration Saturday.'' \17\ If a
component security in the Index does not trade on Settlement Day, the
closing price from the previous trading day will be used to calculate
both the Full-size Settlement Value and Mini Settlement Value.\18\
Accordingly, trading in options on the Index will normally cease on the
Thursday preceding an Expiration Saturday. Nasdaq monitors and
maintains the Index. Nasdaq is responsible for making all necessary
adjustments to the Index to reflect component deletions; share changes;
stock splits; stock dividends; stock price adjustments due to
restructuring, mergers, or spin-offs involving the underlying
components; and other corporate actions. Some corporate actions, such
as stock splits and stock dividends, require simple changes to the
available shares outstanding and the stock prices of the underlying
components.
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    \16\ The aggregate exercise value of the option contract is
calculated by multiplying the Index value by the Index multiplier,
which is 100.
    \17\ For any given expiration month, options on the Nasdaq 100
Index will expire on the third Saturday of the month.
    \18\ Full-size Settlement Values and Mini Settlement Values are
disseminated by Nasdaq.
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    The component securities are evaluated on an annual basis, except
under extraordinary circumstances which may result in an interim
evaluation, as follows: Securities listed on Nasdaq that meet its
eligibility criteria are ranked by market value using closing prices as
of the end of October and publicly available total shares outstanding
as of the end of November. Eligible component securities which are
already in the Index and ranked in the top 100 (based on market value)
are retained in the Index. Component securities that are ranked from
101 to 125 are also retained, provided that those securities were
ranked in the top 100 eligible securities as of the previous ranking
review or have been added to the Index subsequent to the previous
ranking review. Securities not meeting such criteria are replaced. The
replacement securities chosen are those Index-eligible securities not
currently in the Index that have the largest market capitalization.
    Generally, the list of annual additions and deletions to the Index
is publicly announced in early December, and changes to the Index are
made effective after the close of trading on the third Friday in
December. Moreover, if at any time during the year a component security
is determined by Nasdaq to become ineligible for continued inclusion in
the Index based on the continued eligibility criteria, that component
security will be replaced with the largest market capitalization
component not currently in the Index that met the eligibility criteria
described earlier.
    Phlx will monitor the Index on a quarterly basis, and will not list
any additional series for trading and will limit all transactions in
such options to closing transactions only for the purpose of
maintaining a fair and orderly market and protecting investors if: (i)
The number of securities in the Index drops by one-third or more; (ii)
10% or more of the weight of the Index is represented by component
securities having a market value of less than $75 million; (iii) less
than 80% of the weight of the Index is represented by component
securities that are eligible for options trading pursuant to Phlx Rules
1000A et seq.; (iv) 10% or more of the weight of the Index is
represented by component securities trading less than 20,000 shares per
day; or (v) the largest component security accounts for more than 25%
of the weight of the Index or the largest five components in the
aggregate account for more than 50% of the weight of the Index.
    Phlx represents that, if the Index ceases to be maintained or
calculated, or if the Index values are not disseminated every 15
seconds by a widely available source, it will not list any additional
series for trading and will limit all transactions in such options to
closing transactions only for the purpose of maintaining a fair and
orderly market and protecting investors.
Contract Specifications
    The proposed contract specifications are identical to the contract
specifications of NDX and MNX options that are currently listed on
other exchanges. The Index is a broad-based index. Options on the
Nasdaq 100 Index are European-style and A.M. cash-settled.\19\ The
Exchange's trading hours for index options (9:30 a.m. to 4:15 p.m. ET),
will apply to options on the Nasdaq 100 Index.\20\ Exchange rules that
are applicable to the trading of options on broad-based indexes will
apply to both NDX and MNX.\21\ The trading of NDX and MNX options will
be subject to, among others, Exchange rules governing margin
requirements and trading halt procedures for index options.
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    \19\ See supra note 5.
    \20\ See Commentary .01 to Phlx Rule 1101A.
    \21\ See Phlx Rules 1000A et seq.
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    The Exchange proposes to establish that there will be no position
limits for any NDX options and any MNX options.\22\ The Full-size
Nasdaq 100 Index contracts will be aggregated with the Mini Nasdaq 100
Index contracts, where ten Mini Nasdaq 100 Index contracts equal one
Full-size Nasdaq 100 Index contract.\23\ Phlx will set strike price
intervals for Mini Nasdaq 100 Index contracts and Full-size Nasdaq 100
Index contract that will be similar to the strike price intervals that
are already being used by multiple exchanges that list these
options.\24\ The minimum increment size for series trading below $3 is
$0.05, and for series trading at or above $3 is $0.10.\25\ The
Exchange's margin rules will be applicable.\26\ The Exchange will list
options on both the Full-size Nasdaq 100 Index and the Mini Nasdaq 100
Index in up to four consecutive expiration months plus up to three
successive expiration months in the March cycle.\27\ The Exchange
intends to list the same NDX 100 Index options that are already listed
by multiple other options exchanges. The trading of long-term Nasdaq
100 Index options will be subject to the same rules that govern the
trading of all the Exchange's index options, including sales practice
rules,

margin requirements, and trading rules.\28\
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    \22\ See proposed Phlx Rules 1001A(a) 1079(d). The Exchange's
proposed rule change establishing that there are no position limits
on NDX and MNX is identical to that of other options exchanges. See
for example CBOE Rules 24.4, 24A.7, and 24B.7.
    \23\ See Phlx Rule 1001A(e).
    \24\ See Phlx Rule 1101A. Based on the current strike price
intervals in use for options on the Mini Nasdaq 100 Index and the
Full-size Nasdaq 100 Index, Phlx plans to set MNX strike price
intervals of $2.50 or $5.00 depending on the price of the
underlying; and NDX strike price intervals of $5.00.
    \25\ See Phlx Rule 1034(a).
    \26\ See Phlx Rule 721 et seq.
    \27\ See Phlx Rule 1001A(b).
    \28\ The Exchange proposes to conform its rules to that of other
Exchanges to accommodate the trading of reduced value long term
options at $2.50 intervals. See proposed Phlx Rule 1101A(a)(xxxiv).
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Surveillance and Capacity
    The Exchange represents that it has an adequate surveillance
program in place for options traded on the Index and intends to apply
those same program procedures that it applies to the Exchange's other
index options. Additionally, the Exchange is a member of the
Intermarket Surveillance Group (``ISG'') under the Intermarket
Surveillance Group Agreement, dated June 20, 1994.\29\ The ISG members
work together to coordinate surveillance and investigative information
sharing in the stock and options markets. In addition, the major
futures exchanges are affiliated members of the ISG, which allows for
the sharing of surveillance information for potential intermarket
trading abuses.
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    \29\ A list of the current members and affiliate members of ISG
can be found at http:/www.isgportal.com.
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    The Exchange represents that it has the necessary systems capacity
to support new options series that will result from the introduction of
NDX, MNX, NDX LEAPS, and MNX LEAPS.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \30\ in general, and furthers the objectives of Section
6(b)(5) of the Act \31\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, by amending Phlx rules so that they are similar to the rules
of other options exchanges, thereby enabling the Exchange to
immediately list and trade full and reduced-size options on the NDX-100
Index.
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    \30\ 15 U.S.C. 78f(b).
    \31\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    No written comments were solicited or received.

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

    Because the foregoing rule change does not: (1) Significantly
affect the protection of investors or the public interest; (2) impose
any significant burden on competition; and (3) become operative for 30
days after the date of this filing, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \32\ and Rule 19b-4(f)(6) thereunder.\33\
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    \32\ 15 U.S.C. 78s(b)(3)(A).
    \33\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\34\
However, Rule 19b-4(f)(6)(iii) \35\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because such waiver
will allow Phlx to immediately list and trade NDX and MNX options,
which are widely traded on multiple markets.
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    \34\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change, at least five business days prior to the date of filing
of the proposed rule change, or such shorter time as designated by
the Commission. The Exchange has satisfied this notice requirement.
    \35\ Id.
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    For this reason, the Commission designates the proposed rule change
to be operative upon filing with the Commission.\36\
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    \36\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors or otherwise in
furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2008-36 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2008-36. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, on official business
days between the hours of 10 a.m. and 3 p.m. Copies of the filing also
will be available for inspection and copying at the principal office of
the Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
Phlx-2008-36 and should be submitted on or before July 3, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority. \37\
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    \37\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-13221 Filed 6-11-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Rules and Regulations]
[Pages 39195-39196]
[FR Doc No: 2016-14270]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0409]

Safety Zone; Southern California Annual Fireworks for the San
Diego Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone for the Coronado
Glorietta Bay Fourth of July Fireworks on the waters of Glorietta Bay,
CA on Monday, July 4, 2016. This safety zone is necessary to provide
for the safety of the participants, spectators, official vessels of the
event, and general users of the waterway. Our regulation for the
southern California annual fireworks for the San Diego Captain of the
Port Zone identifies the regulated area for this event. During the
enforcement period, no spectators shall anchor, block, loiter in, or
impede the transit of participants or official patrol vessels in the
regulated area without the approval of the Captain of the Port, or
designated representative.

DATES: The regulations in 33 CFR 165.1123 will be enforced from 8 p.m.
through 10 p.m. on July 4, 2016, Item 3 in Table 1 of Sec.  165.1123.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
publication, call or email Petty Officer Randolph Pahilanga, Waterways
Management, U.S. Coast Guard Sector San Diego, CA; telephone 619-278-
7656, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the regulations
in 33 CFR 165.1123 for a safety zone on the waters of Glorietta Bay, CA
for the Coronado Glorietta Bay Fourth of July Fireworks in 33 CFR
165.1123, Table 1, Item 3, from 8 p.m. through 10 p.m. on July 4, 2016.
This enforcement action is being taken to provide for the safety of
life on navigable waterways during the fireworks event. Our regulation
for southern California annual fireworks for the San Diego Captain of
the Port Zone identifies the regulated entities for this event. Under
the provisions of 33 CFR 165.1123, a vessel may not enter the regulated
areas, unless it receives permission from the Captain of the Port, or
his designated representative. Spectator vessels may safely transit
outside the regulated areas but may not anchor, block, loiter, or
impede the transit of participants or official patrol vessels. The
Coast Guard may be assisted by other Federal, State, or Local law
enforcement agencies in enforcing this regulation.
    This document is issued under authority of 33 CFR 165.1123 and 5
U.S.C. 552(a). In addition to this document in the Federal Register,
the Coast Guard will provide the maritime community with advance
notification of this enforcement period via the Local Notice to
Mariners and local advertising by the event sponsor.
    If the Captain of the Port or his designated representative
determines that the regulated area need not be

enforced for the full duration stated on this document, he or she may
use a Broadcast Notice to Mariners or other communications coordinated
with the event sponsor to grant general permission to enter the
regulated area.

    Dated: June 2, 2016.
E.M. Cooper,
Commander, U.S. Coast Guard, Acting Captain of the Port San Diego.
[FR Doc. 2016-14270 Filed 6-15-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Notices]
[Pages 30323-30324]
[FR Doc No: 2015-12679]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket Number NHTSA-2015-0049]

Reports, Forms, and Record Keeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.

ACTION: Notice and request for comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the Information
Collection Request (ICR) abstracted below will be forwarded to the
Office of Management and Budget (OMB) for review and comment. The ICR
describes the nature of the information collections and their expected
burden.

DATES: Comments must be received on or before June 26, 2015.

ADDRESSES: Send comments within 30 days to the Office of Information
and Regulatory Affairs, Office of Management and Budget, 725 17th
Street NW., Washington, DC 20503, Attention NHTSA Desk Officer.

FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Gary R. Toth, Office of Data
Acquisition (NVS-410), Room W53-505, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Mr. Toth's telephone number is<PHONE_NUMBER> and
his email address is<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Before a Federal agency can collect certain
information from the public, it must receive approval from the Office
of Management and Budget (OMB). In compliance with these requirements,
this notice announces that the following information collection request
has been forwarded to OMB. A Federal Register Notice with a 60-day
comment period was published on Monday, September 29, 2014 (Volume 79,
Number 188, pages 58402 and 58403). NHTSA did not receive any comments.
    Title: Crash Report Sampling System (CRSS).
    Type of Request: New information collection.
    OMB Control Number: None.
    Abstract: Under both the Highway Safety Act of 1966 and the
National Traffic and Motor Vehicle Safety Act of 1966, the National
Highway Traffic Safety Administration (NHTSA) has the responsibility to
collect crash data that support the establishment and enforcement of
motor vehicle regulations and highway safety programs. These
regulations and programs are developed to reduce the severity of injury
and the property damage associated with motor vehicle crashes. In the
late 1970s, NHTSA's National Center for Statistics and Analysis (NCSA)
devised a multidisciplinary approach to meet the data needs of our end
users that utilizes an efficient combination of census, sample-based,
and existing State files to provide nationally representative traffic
crash data on a timely basis. NCSA operates data programs consisting of
records-based systems that include the Fatality Analysis Reporting
System (FARS) and the National Automotive Sampling System General
Estimates System (NASS-GES); and detailed crash investigation-based
systems which include the National Automotive Sampling System
Crashworthiness Data System (NASS-CDS) and the Special Crash
Investigations (SCI) program. NASS-CDS focused on the crashworthiness
of passenger cars, light trucks, and vans involved in crashes and
damaged enough to be towed. NASS-GES, on the other hand, collected
limited data on other highway crashes in order to produce general
estimates.
    Recognizing the importance as well as the limitations of the
current National Automotive Sampling Systems, NHTSA is undertaking a
modernization effort to upgrade our data systems by improving the
information technology infrastructure, updating the data we collect and
reexamining the sample sites. The goal of this overall modernization
effort is to develop new crash data systems that meet current and
future data needs. The new systems will be designed to collect record-
based information and investigation-based information. The redesigned
records-based acquisition process will identify highway safety problem
areas and provide general data trends and will be referred to as the
Crash Report Sampling System (CRSS).
    CRSS will obtain data from a nationally representative probability
sample selected from police-reported motor vehicle traffic crashes.
Specifically, crashes involving at least one motor vehicle in transport
on a trafficway that result in property damage, injury or a fatality
will be included in the CRSS sample. The crash reports sampled will be
chosen from selected areas that reflect the geography, population,
miles driven, and the number of crashes in the United States. No
additional data beyond the selected crash reports will be collected.
Once the crash reports are received they will be coded and the data
will be entered into the CRSS database.
    CRSS will acquire national information on fatalities, injuries and
property damage only directly from existing State police crash reports.
CRSS data quality reviews will be conducted to determine whether the
data acquired are responsive to the total user population needs. The
user population includes Federal and State agencies, automobile
manufacturers, insurance companies, and the private sector. Annual
changes in the sample parameters are minor in terms of operation and
method of data collection, and do not affect the reporting burden of
the respondent (CRSS data coders will utilize existing State crash
files).
    Affected Public: Federal and State agencies and the private sector.

    Estimated Annual Burden: 7,280 hours.
    Requested Expiration Date of Approval: Three (3) years from the
approval date. Please note that this period was incorrectly stated as
five (5) years in the 60 day notice.
    Estimated Number of Responses: 840.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology.
    A comment to OMB is most effective if OMB receives it within 30
days of publication.

    Authority:  The Paperwork Reduction Act of 1995, 44 U.S.C. chap.
35; 49 U.S.C. 30181-83.

    Under authority delegated in 49 CFR 1.95.
Terry T. Shelton,
Associate Administrator, National Center for Statistics and Analysis.
[FR Doc. 2015-12679 Filed 5-26-15; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Notices]
[Pages 3825-3830]
[FR Doc No: 2016-01286]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-T034-2006-0779]

New Jersey State Plan for State and Local Government Employees;
Approval of Plan Supplements and Certification of Completion of
Developmental Steps

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: The New Jersey Department of Labor and Workforce Development
(LWD) submitted timely documentation attesting to the completion of all
structural and developmental aspects of its State Plan for State and
Local Government Employees as approved by the Occupational Safety and
Health Administration (OSHA). After extensive review of the submissions
and opportunity for correction, Plan supplements constituting an
updated and revised State Plan were submitted. OSHA is approving the
revised State Plan, which documents the satisfactory completion of all
structural and developmental aspects of New Jersey's approved State
Plan, and certifying this completion. This certification attests to the
fact that New Jersey now has in place those structural components
necessary for an effective State Plan for State and Local Government
Employees. (Enforcement of occupational safety and health standards
with regard to private sector employers and employees in the State of
New Jersey remains the responsibility of the U.S. Department of Labor,
OSHA).

DATES: Effective Date: January 22, 2016.

FOR FURTHER INFORMATION CONTACT: For general information and press
inquiries, contact Frank Meilinger, Director, Office of Communications,
Room N-3647, OSHA, U.S. Department of Labor, 200 Constitution Avenue
NW., Washington, DC 20210; telephone<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>For technical inquiries, contact Douglas
Kalinowski, Director, Directorate of Cooperative and State Programs,
OSHA, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-
3700, Washington, DC 20210; telephone<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Electronic copies of this Federal Register
notice, as well as all OSHA Federal Register notices mentioned in this
document, are available on OSHA's Web site at http://www.osha.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 18 of the Occupational Safety and Health Act of 1970 (the
``OSH Act;'' 29 U.S.C. 667) provides that a state which desires to
assume responsibility for the development and enforcement of
occupational safety and health standards may submit for OSHA review and
approval a State Plan for such development and enforcement. Regulations
at 29 CFR part 1956 provide that a state may voluntarily submit a State
Plan for the development and enforcement of occupational safety and
health standards applicable only to employers and employees of the
state and its political subdivisions. State and local government
employers are excluded from federal OSHA coverage under section 3(5) of
the OSH Act.
    Under these regulations, the Assistant Secretary of Labor for
Occupational Safety and Health (``Assistant Secretary'') may approve a
State Plan for State and Local Government Employees, if the Plan
provides for the development and enforcement of standards relating to
hazards in employment covered by the Plan which are or will be at least
as effective in providing safe and healthful employment and places of
employment for public employees as standards promulgated and enforced
by federal OSHA under section 6 of the OSH Act, giving due
consideration to differences between public and private sector
employment. Following initial approval, the state may begin enforcement
of its safety and health standards in the public sector and receive up
to 50 percent federal funding for the cost of Plan operations.
    A State Plan for State and Local Government Employees may receive
initial approval even though at the time of submission not all
essential components of the Plan are in place. Pursuant to 29 CFR
1956.2(b), the Assistant Secretary may initially approve the submission
as a ``developmental plan,'' and a schedule within which the state must
complete all ``developmental steps'' within a three year period is
issued as part of the initial approval decision. 29 CFR part 1953
provides procedures for the review and approval of changes and progress
in the development and implementation of the State Plan.
    When the Assistant Secretary has reviewed and approved all
developmental submissions and finds that the state has satisfactorily
completed all developmental steps specified in the initial approval
decision, a notice certifying such completion is published in the
Federal Register (see 29 CFR 1956.23 and 1902.34). Certification
attests to the structural completeness of the Plan but does not render
judgment as to the adequacy or effectiveness of state performance.

II. State Plan History

    In 1965, the Governor of the State of New Jersey issued Executive
Order No. 20, establishing a safety and health program for state
employees. In the early 1970s New Jersey developed a State Plan under
the OSH Act. The Plan provided for a safety and health program which
would cover state and local government employees and all employees in
the private sector in the state. In 1975, New Jersey was preempted in
the safety and health field by the federal program because state
legislation was not provided as required by the federal program. In
1984, the New Jersey Public Employees Occupational Safety and Health
Act (PEOSH Act) was signed into law by Thomas H. Kean, Governor of the
State of New Jersey. This act empowered the Department of Labor and
Workforce Development, the Department of Health, and the Department of
Community Affairs to inspect and enforce the PEOSH Act. Because the
PEOSH Act, as structured, presented several obstacles to receive
federal funding for a State and Local Government Employees Plan, a
revision was signed into law by Governor Whitman in 1995.
    The New Jersey State Plan for State and Local Government Employees
is operated by the New Jersey Department of Labor and Workforce
Development, Public Employees Occupational Safety and Health (PEOSH)
Program. This limited scope State Plan was initially approved as a
developmental plan under section 18 of the OSH Act, and 29 CFR part
1956, on January 11, 2001 (66 FR 2265). After the initial approval of
the State Plan for State and Local Government Employees in 2001, New
Jersey successfully submitted all of its developmental plan change
supplements.
    In July 2013, PEOSH submitted a completely revised State Plan which
provided updated documentation on all its developmental steps,
including those previously approved, for OSHA review and consideration.
After extensive review of those documents and opportunity for state
correction, New Jersey submitted further revisions in December 2013,
May 2014, and July 2014.

III. Description of the Revised State Plan

    New Jersey submitted plan supplements constituting a revised State
Plan document with subsequent revisions dated December 2013, May 2014
and July 2014. The revised State Plan updates and documents all
structural components of the New Jersey program. This includes a
revised narrative description of the current program, legislation,
administrative rules, standards, a compliance manual, and current
copies of all key documents relating to New Jersey's State Plan for
State and Local Government Employees. These documents are described
below and are being approved in this notice.

A. The Plan Narrative and Appendices

    The Plan designates the New Jersey Department of Labor and
Workforce Development (LWD), through the Public Employees Occupational
Safety and Health (PEOSH) program, as the state agency responsible for
administering the Plan throughout the state. The New Jersey PEOSH Act,
N.J.S.A. 34:6A-25 et seq., delegates certain responsibilities to the
New Jersey Department of Health (DOH) in the implementation of the
PEOSH Act. Major responsibilities delegated include: Inspection,
investigation, and related activities in occupational health and
environmental control; medical and first aid; toxic and hazardous
substances; respiratory protective equipment, and sanitation.
    The Plan narrative provides a general overview of PEOSH's legal
authority, standards and variances, regulations, enforcement policies
and procedures (the ``Field Operations Manual'' or ``FOM''), voluntary
compliance activities (including consultative services and training and
outreach programs), an occupational safety and health laboratory,
personnel policies and procedures, recordkeeping and reporting
requirements, budget, staffing and funding, all of which, together with
the supporting documents contained in various appendices, have been
determined to provide authority which is ``at least as effective as''
that of the OSH Act and to meet the criteria and indices for plan
approval contained in 29 CFR part 1956.
    The State Plan appendices contain a variety of state statutes and
other documents related to the PEOSH program and its authority, contest
procedures, and personnel policies, including: N.J. PEOSH Act--
N.J.S.A.34:6A-25 thru 34:6A-50; 1995 N.J. Laws Chapter 186 (amendments
to PEOSH Act); 1995 N.J. Laws Chapter 186--Governor's Signature;
Memorandum of Understanding (MOU) between LWD & DOH; N.J. Admin. Code
Title 1, Chapter 30--Rules for Agency Rulemaking; Administrative
Procedures Act--N.J.S.A. 52:14B.
    The appendices also contain the following regulations: Procedural
Standards for N.J. State Plan--N.J.A.C.12:110; Safety & Health
Standards for Public Employees--N.J.A.C.12:100; Standard for Hazard
Communication--N.J.A.C.12:100 Chapter #7; Hazard Communication
Alternative Std. Proposal; Hazard Communication Alternative Std.
Adoption; Standards for Indoor Firing Ranges for Public Employees--
N.J.A.C.12:100 Chapter 8; Standards for Firefighters--N.J.A.C.12:100
Chapter 10; Fire Brigade Std. Comparison; Indoor Air Quality Standard--
N.J.A.C.12:100 Chapter 13; Review Commission Rules of Procedure--
N.J.A.C.12:112; Discrimination against Employees--N.J.A.C.12:110
Chapter 7; Inspection Scheduling System; On-Site Consultations--
N.J.A.C.12:110 Chapter 8.; Consultation Policies and Procedures Manual,
Chapter 3, III; 5yr. Strategic Plan--2014-2019; and Informational,
Educational, & Training Materials.

B. Legislation

    The Plan includes legislation, the New Jersey PEOSH Act--
N.J.S.A.34:6A-25 thru 34:6A-50 as enacted in 1984 and amended in 1995
and 1997. Pursuant to this law, the State Plan provides coverage for
all state and local government employment in New Jersey. The PEOSH Act
defines covered employers as ``public employer[s] and shall include any
person acting directly on behalf of, or with the knowledge and
ratification of: (1) The state, or any department, division, bureau,
board, council, agency or authority of the state, except any bi-state
agency; or (2) any county, municipality, or any department, division,
bureau, board, council, agency or authority of any county or
municipality, or of any school district or special purposes district
created pursuant to law.'' N.J.S.A.34:6A-27(c). It defines covered
employees as ``any public employee, any person holding a position by
appointment or employment in the service of an `employer' as that term
is used in this act and shall include any individual whose work has
ceased as a consequence of, or in connection with, any administrative
or judicial action instituted under this act; provided, however, that
elected officials, members of boards and commissions and managerial
executives as defined in the `New Jersey Employer-Employee Relations
Act,' P.L.1941, c. 100, C. 34:13A-1 et seq. shall be excluded from the
coverage of this act.'' N.J.S.A.34:6A-27(d). Thus, the PEOSH Act covers
county, municipality, or any department, division, bureau, board,
council, agency, or authority of any county or district created
pursuant to law; and volunteer firefighters and emergency responders.
The PEOSH Act contains authority for standards

adoption, right of entry, inspections, citations, proposed penalties
for failure-to-abate violations, worker rights, variances, non-
discrimination, recordkeeping and voluntary compliance programs, etc.
The PEOSH Act contains three provisions which differ substantially from
the federal OSH Act.
    1. Penalties. Section 34:6A-41(d) of the PEOSH Act establishes a
penalty structure which provides for failure-to-abate penalties of up
to $7,000 per day for serious violations and other-than-serious
violations. This authority, together with follow-up inspections and
judicial enforcement, is the primary means of compelling the abatement
of hazards by state and local government employers under the New Jersey
State Plan.
    2. Split Enforcement. Section 34:6A-35 of the PEOSH Act establishes
enforcement by two departments: DOH, which conducts inspections under
health regulations in the workplace; and LWD, which conducts
inspections under safety regulations in the workplace; but it is LWD
that issues Order to Comply.
    3. Advisory Board. Section 34:6A-28 of the PEOSH Act establishes
the Public Employees Occupational Safety and Health Advisory Board
(``Advisory Board'') consisting of several New Jersey department
Commissioners and 18 members who represent state and local government
employers and employees. The Advisory Board assists the Commissioner of
Labor and Workforce Development (``Commissioner of Labor'') in
establishing standards for the occupational safety and health of public
employees and receives information regarding matters of concern to
public employees in the areas of occupational safety and health.

C. Standards

    The PEOSH Act, section 34:6A-30(a) mandates that the Commissioner
of Labor adopt all applicable safety and health standards promulgated
under the OSH Act, which are in effect on the effective date of the
PEOSH Act (January 17, 1984). The New Jersey Plan has adopted all
federal OSHA standards since the inception of the OSH Act (N.J.A.C.
12:100) with the exception of Subpart L--Fire Protection, 29 CFR
1910.155 and 1910.156 (N.J.A.C. 12:100-10), and the Hazard
Communication Standard, 29 CFR 1910.1200 (N.J.A.C.12:100-7). The New
Jersey Plan assures the incorporation of any subsequent revisions or
additions to standards in a timely manner, including in response to
federal OSHA emergency temporary standards. The procedure for adoption
of federal OSHA standards is provided in the New Jersey State
Administrative Procedures Act, which requires submission of the
standard to the New Jersey Office of Administrative Law and publication
of the standard in the New Jersey State Register. Permanent standards
adopted by OSHA will be adopted by the Commissioner of Labor within six
(6) months from the federal promulgation date (N.J.A.C. 12:100-3A.1).
    Public Employees Occupational Safety and Health Advisory Board.
Section 34:6A-28 of the PEOSH Act establishes the Advisory Board
consisting of the Commissioner of Education, the Commissioner of
Health, the Commissioner of Environmental Protection, the Commissioner
of Community Affairs, the State Treasurer, or their designees, and 18
members who represent state and local employers and employees, to be
appointed by the governor. The Advisory Board has two primary
functions: To assist the Commissioner of Labor in establishing
standards for the occupational safety and health of public employees,
and to receive information regarding matters of concern to public
employees in the areas of occupational safety and health.
    Under the Plan, the Commissioner of Labor, in consultation with the
Commissioner of Health and the Commissioner of Community Affairs, and
with the advice of the Advisory Board, on his/her own initiative, can
propose additional or alternative occupational safety and health
standards if no federal standards are applicable or where standards
more stringent than the federal standards are deemed advisable
(N.J.S.A. 34:6A-30). The Advisory Board can also, after public
hearings, recommend such standards to the Commissioner of Labor. The
State Plan provides for the development and consideration of expert
technical information in the formulation of standards and allows
interested persons to submit information requesting development or
promulgation of any standard and to participate in any hearing for the
development, modification or establishment of standards. In addition,
the State Administrative Procedures Act requires public notice and
comment for all proposed rules, and provides opportunity for public
participation in related hearings. A notice of proposed rulemaking is
published in the New Jersey Register. The notice shall invite comments
from interested persons, and other such submissions, in accordance with
N.J.A.C. 1:30-1, Rules for Agency Rulemaking. The Plan includes the
state safety and health standards regulation, which codifies PEOSH's
adoption by reference of all federal OSHA safety and health standards
applicable to public employees. New Jersey standards are identical to
the federal standards with the following exceptions and additions. The
state promulgated and retained N.J.A.C. 12:100 Subchapter 8--Standard
for Indoor Firing Ranges for Public Employees, N.J.A.C. 12:100
Subchapter 13--Indoor Air Quality Standard and N.J.A.C. 12:100
Subchapter 10--Standards for Firefighters. On May 3, 2004, New Jersey
adopted a hazard communication standard with several additional
provisions which are more stringent than OSHA's Hazard Communication
Standard. These different or additional state requirements have been
reviewed and determined to be ``at least as effective'' as the
comparable federal standards.

D. Variances

    Section 34:6A-39 of the PEOSH Act, the Administrative Procedure Act
(N.J.S.A.52:14B-1 et seq.), and N.J.A.C. 12:110 subchapter 6 establish
proceedings for the granting of permanent and temporary variances from
state standards, which are equivalent to the federal requirements at 29
CFR part 1905. These provisions require employee notification of
variance applications and provide for employee participation in
hearings held on variance applications. Variances may not be granted
unless it is established that adequate protection is afforded employees
under the terms of the variance. Under the Plan, all variances granted
have only future effect, and temporary variances are available only
prior to the effective date of a standard. Temporary variances may not
be renewed more than twice, and a renewal may not remain in effect
longer than 180 days. The Commissioner of Labor may issue one interim
order granting relief pending the hearing on permanent variance. The
procedures allow for the modification or revocation of permanent
variances at any time at least six months after issuance of the
variance.

E. Employee Notice and Discrimination Protection

    The Plan provides for notification to employees of their
protections and obligations under the Plan by such means as the ``You
Have the Right to a Safe and Healthful Workplace. It's the Law!''
poster (which is included in the Plan documents and also available
electronically on the PEOSH Web site) and required posting of notices
of violations. Section 34:6A-45 of the PEOSH Act provides for
protection of employees against discharge or

discrimination resulting from exercise of their rights under the PEOSH
Act in terms parallel to section 11(c) of the OSH Act. Complaints must
be filed within 180 days after the alleged violation, and the
complainant must be notified of the Commissioner of Labor's
determination within 90 days of the receipt of the complaint. If the
Commissioner of Labor determines that the provisions of Section 34:6A-
45 have been violated, an order for all appropriate relief, including
rehiring or reinstatement of the employee to his/her former position
with back pay and reasonable legal costs will be issued. The notice
shall become the Commissioner of Labor's final determination, unless,
within 15 days of receipt of the notice, the employer or employee
requests a hearing before the Commissioner of Labor or his designee, in
which case the Commissioner of Labor shall issue his final
determination not more than 45 days after the hearing report is issued.

F. Inspections and Enforcement

    The Commissioner of Labor and the Commissioner of Health are
charged with making inspections in their jurisdictional areas as
specified in the PEOSH Act (N.J.S.A.34:6A-30, 35). The Commissioners
may call on the professional staff of other departments whenever they
deem their assistance necessary. Inspection and enforcement policies
and procedures provided in the Plan are established by the PEOSH Act,
34:6A-35, and the PEOSH FOM. Each Commissioner obtains the right of
immediate entry at reasonable hours and without advance notice into any
workplace to conduct such investigations as he/she may deem necessary.
The authority of each Commissioner to inspect any premises for purposes
of investigating an alleged violation under his/her jurisdiction is not
limited to the alleged violation but shall extend to any other area of
the premises in which he/she has reason to believe that a violation of
any provision of the PEOSH Act under his/her jurisdiction exists. The
Commissioner of Health shall make his/her inspection records available
to the Commissioner of Labor for purposes of enforcement. Any employee,
group of employees or employee representative who believes that a
violation of a safety standard exists, or that an imminent danger
exists, may request an inspection by giving notice to the Commissioner
of the violation or danger. Complaints must be filed in writing and
signed. Upon the request of the person giving the notice, his/her name
or the name of any employee representative giving the notice may be
withheld. The appropriate Commissioner shall conduct an appropriate
inspection at the earliest time possible. The Plan also includes a
prohibition of advance notice of inspections, a mechanism for employees
of the employer and their representatives to accompany the inspector
during the physical inspections, and opening, informal, and closing
conferences. If the Commissioner of Labor, or the Commissioner of
Health, concludes that conditions or practices in violation exist in
any workplace, the Commissioner of Labor shall, with reasonable
promptness, and in no case more than six months after his/her
determination or the receipt of the certificate or report, issue a
written Order to Comply to the employer (N.J.S.A.34:6A-41(a)).
    Significant differences between federal OSHA and PEOSH inspection,
enforcement, and discrimination include the following:
    1. Penalties. Section 34:6A-41(d) of the PEOSH Act establishes a
penalty structure which provides for failure-to-abate penalties of up
to $7,000 per day for serious violations and other-than-serious
violations. If the time for compliance with an Order of the
Commissioner of Labor elapses, and the employer has not made a good
faith effort to comply, the Commissioner of Labor shall issue a second
Order to Comply imposing a civil administrative penalty of up to $7,000
per day for each violation not abated. If the employer contests the
proposed daily penalties, a follow-up inspection shall still be
scheduled. If an Order and daily penalties are not to be proposed
because of an employer's flagrant disregard of an Order, the Director
of PEOSH shall immediately contact the Commissioner of Labor, in
writing, detailing the circumstances so that the matter can be referred
to the State Attorney General's Office for issuance of a restraining
order. Procedures for follow-up inspections are established in the
PEOSH FOM Chapter 7, Section XII.
    2. Whistleblower (Discrimination). The period fixed in the Plan for
filing eligible complaints is 180 days, and the procedure in the Plan
for enforcing merit determinations is through Orders to Comply (N.J.S.A
34:6A-45).

G. Compliance Manual

    The PEOSH FOM, first issued in April 2009, replaces the New Jersey
Field Inspection Reference Manual (FIRM) and is available to the public
on the LWD Web site. The New Jersey compliance manual parallels federal
OSHA's revised Field Operations Manual, CPL 02-00-150, and incorporates
other policies parallel to federal compliance directives and unique
state requirements. The PEOSH FOM provides guidance to PEOSH compliance
staff concerning general staff responsibilities, pre-inspection
procedures (including inspection scheduling and priorities, complaints
and other unprogrammed inspections and inspection preparation),
inspection procedures (including conduct of the inspection, opening
conference, closing conference, physical examination of the workplace,
follow-up inspections, fatality/catastrophe investigations, imminent
danger investigations, and construction inspections), inspection
documentation (including types of violations, violations of the general
duty clause, writing citations, and grouping/combining violations),
post-inspection procedures (including abatement, citations, penalties,
and post-citation processes), discrimination investigation procedures
(set forth in more detail in the PEOSH Whistleblower (Discrimination)
Investigations Manual, which parallels the relevant portions of federal
OSHA's Whistleblower Investigations Manual, CPL 02-03-003), and
disclosure of information under the New Jersey Open Public Records Act
(N.J.S.A. 47:1A-et seq.). New Jersey also uses and has adopted the OSHA
Technical Manual (TED 01-00-015), which replaced the former Industrial
Hygiene Manual, as guidance for its staff.

H. Review Procedures

    Section 34:6A-42 of the PEOSH Act establishes an Occupational
Safety and Health Review Commission (``Review Commission'') within LWD
to hear appeals regarding Orders to Comply and penalties.
    Under the Plan, both public employers and employees may seek formal
administrative review of LWD citations and penalties, as well as the
reasonableness of the abatement period, before the Review Commission
(N.J.S.A. Sections 34:6A-36, 41 and N.J.A.C. 12:110-4.13). The notice
of contest must be filed with the Commissioner of Labor within 15
working days of the issuance of an Order to Comply. The Commissioner of
Labor must immediately advise the Review Commission of the
notification, and the Review Commission will afford an opportunity for
a hearing. After hearing an appeal, the Review Commission may sustain,
modify or dismiss an Order or penalty, and the Review Commission's
decision shall become final 45 days after its issuance (N.J.S.A. 34:6A-
42).

I. Judicial Review

    Appeals from decisions of the Review Commission are to the
Appellate Division of the Superior Court (N.J.S.A. 34:6A-43).

J. Budget and Personnel

    The Plan includes the FY 2015 grant application under section 23(g)
of the OSH Act, which includes a current organizational chart and
detailed information on staffing and funding. The state has given
satisfactory assurances of adequate funding to support the Plan. In FY
2015, the State Plan was funded at $1,921,400 in federal section 23(g)
funds, $1,921,400 in matching state funds, and $911,664 in 100% state
funds, for a total federal and state contribution of $4,754,464. The
state has given satisfactory assurance (New Jersey State Plan, p.156)
that it will meet the staffing requirements of 29 CFR 1956.10. OSHA
considers PEOSH's current staffing and funding levels to be adequate
and appropriate.

K. Records and Reports

    The Plan provides that state and local government employers in New
Jersey will maintain appropriate records and make timely reports on
occupational injuries and illnesses in a manner substantially identical
to and ``at least as effective as'' that required for private sector
employers under federal OSHA. New Jersey participates and has assured
that it will continue its participation in the Bureau of Labor
Statistics Annual Survey of Injuries and Illnesses in the public
sector. The Plan also contains assurances that the Commissioner of
Labor will provide reports to OSHA in such form as the Assistant
Secretary may require and that New Jersey will continue to participate
in the OSHA Information System (OIS). The state adopted federal OSHA's
revision of its recordkeeping rules (29 CFR part 1904; 66 FR 5916-
6135), January 19, 2001, as well as OSHA's New Reporting Requirements
(January 2015).

L. Voluntary Compliance Programs

    The state and local government employee consultation program makes
available both safety consultants and industrial hygienists to state
and local government employers who request such service for the purpose
of apprising them of existing hazards and the best means of abatement.
The PEOSH consultation program generally follows OSHA's Consultation
Policies and Procedures Manual, CSP 02-00-002. The consultation program
also provides outreach and training in support of PEOSH's activities.
Under the Plan, training is provided to state and local government
employers and employees, and seminars are conducted to familiarize
affected individuals with applicable safety and health standards and
requirements and safe work practices. PEOSH has a variety of public
information programs to disseminate information and publications on
important safety and health concerns. Policies and procedures for
outreach programs, including training, educational and informational
services, as well as voluntary compliance programs, are described in
the Consultation Policies and Procedures Manual.

IV. Completion of Developmental Steps

    With the approval of the revised State Plan in today's action, all
developmental steps specified in the January 11, 2001 notice of initial
approval of the New Jersey State Plan for State and Local Government
Employees, and other relevant steps, have been successfully completed
and approved as follows:
    A. In accordance with New Jersey development step (a), the State of
New Jersey has promulgated standards identical to all federal OSHA
standards with the exception of Subpart L--Fire Protection and the
Hazard Communication Standard (both include provisions which are more
stringent than federal OSHA's). New Jersey has also established state
standards on issues for which no federal standards are applicable. The
state standards are the Indoor Firing Ranges for Public Employees
Standard, and the Indoor Air Quality Standard. These four state-
specific standards are approved by the Assistant Secretary in today's
notice.
    B. In accordance with New Jersey development step (b), New Jersey
has promulgated regulations for inspections, citations, and abatement
equivalent to 29 CFR part 1903, as supplemented by the PEOSH Act and
the PEOSH FOM, all of which are approved by the Assistant Secretary in
today's notice.
    C. In accordance with New Jersey development step (c), New Jersey
has developed a five-year strategic plan which is approved in today's
notice.
    D. In accordance with New Jersey development step (d), the state
has developed a Field Operations Manual which parallels the OSHA Field
Operations Manual, CPL 02-00-150, and incorporates other federal
compliance policy directives and unique state requirements. The state's
Field Operations Manual is approved in today's notice.
    E. In accordance with New Jersey development step (e), the state
has implemented a state and local government employer/employee
consultation, training, and education program equivalent to 29 CFR part
1908 which is approved in today's notice.
    F. In accordance with New Jersey development step (f), the state
developed and adopted employee non-discrimination procedures equivalent
to 29 CFR part 1977 which are approved in today's notice.
    G. In accordance with New Jersey development step (g), the State
Plan promulgated regulations for granting variances equivalent to 29
CFR part 1905 which are approved in today's notice.
    H. In accordance with New Jersey development step (h), the state
has promulgated regulations regarding recordkeeping equivalent to 29
CFR 1904, including the new recordkeeping rule, revised on January 1,
2015, which are approved in today's notice.

V. Decision

A. Approval of Plan Supplements

    After careful review, opportunity for state correction, and
subsequent revision, the plan supplements constituting a revised New
Jersey State Plan for State and Local Government Employees and its
components described above are found to be in substantial conformance
with comparable federal provisions and the requirements of 29 CFR part
1956 and are hereby approved under 29 CFR part 1953 as providing a
revised State Plan for the development and enforcement of standards
which is ``at least as effective as'' the federal program, as required
by section 18 of the OSH Act and 29 CFR part 1956. The right to
reconsider this approval of the revised State Plan supplements is
reserved should substantial objections or other information become
available to the Assistant Secretary regarding any components of the
Plan changes.

B. Certification

    With the approval of a revised State Plan as noted above, all
developmental steps have now been successfully completed, documented,
and approved. In accordance with 29 CFR 1956.23, the New Jersey State
Plan for State and Local Government Employees is certified as having
successfully completed all developmental steps. This certification
attests to the structural completeness of the State Plan and that it
has all the necessary authorities and procedures to provide ``at least
as effective'' standards, enforcement, and compliance assistance to the
employees of the State of New Jersey and its

political subdivisions. This action renders no judgment as to the
effectiveness of the State Plan in actual operations.

VI. Location of Basic State Plan Documentation

    Copies of the revised New Jersey State Plan for State and Local
Government Employees are available on the State Plan's Web site or upon
request. Contact the Regional Administrator, U.S. Department of Labor,
Occupational Safety and Health Administration, 201 Varick Street, Room
670, New York, New York 10014; or the New Jersey Public Employee
Occupational Safety and Health Program, 1 John Fitch Plaza, P.O. Box
386, Trenton, NJ 08625-0386.
    Components of the New Jersey State Plan, including the Field
Operation Manual, recordkeeping regulations and instructions, complaint
forms, and other program information are posted on the New Jersey
Department of Labor & Workforce Development, Public Employee
Occupational Safety and Health Web site at: http://www.state.nj.us/health/peosh/.
    The PEOSH Act is administered by two departments: the New Jersey
Department of Health enforces health regulations in the workplace; and
the New Jersey Department of Labor & Workforce Development enforces
safety regulations in the workplace. To obtain information, visit the
NJDLWD PEOSH Program Web site at: http://lwd.dol.state.nj.us/labor/lsse/safetyhealth_index.html or call<PHONE_NUMBER>.
    Information on PEOSH laws and regulations can be found on the New
Jersey Web site at: http://lwd.dol.state.nj.us/labor/lsse/laws/peosha_law.html.
    Information on the New Jersey Department of Labor and Workforce
Development, Office of Administrative Law and Review Commission can be
found on the New Jersey Labor and Workforce Development Web site at:
http://lwd.dol.state.nj.us/. The state Administrative Procedures Act
can be found on the Governor's Web site at: http://www.nj.gov/governor/.
    Electronic copies of this Federal Register notice and the related
press release are available on OSHA's Web site at: http://www.osha.gov.
More information on the New Jersey State Plan can be found on OSHA's
Office of State Programs Web site at: http://www.osha.gov/dcsp/osp/stateprogs/new_jersey.html.

Authority and Signature

    This document was prepared under the direction of David Michaels,
Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and
Health. It is issued under section 18 of the Occupational Safety and
Health Act of 1970, 84 Stat. 1608 (29 U.S.C. 667); 29 CFR part 1956;
and Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012).

    Signed in Washington, DC, on January 19, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-01286 Filed 1-21-16; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34667-34669]
[FR Doc No: 2018-15552]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0015]

Qualification of Drivers; Exemption Applications; Vision

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

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

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

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

DATES: Comments must be received on or before August 20, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0015 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds ``such exemption
would likely achieve a level of safety that is equivalent to or greater
than the level that would be achieved absent such exemption.'' The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The nine individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal

Meridian in each eye, and the ability to recognize the colors of
traffic signals and devices showing standard red, green, and amber.
    In July 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16,
1992). The current Vision Exemption Program was established in 1998,
following the enactment of amendments to the statutes governing
exemptions made by Sec.  4007 of the Transportation Equity Act for the
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9,
1998). Vision exemptions are considered under the procedures
established in 49 CFR part 381 subpart C, on a case-by-case basis upon
application by CMV drivers who do not meet the vision standards of 49
CFR 391.41(b)(10).
    To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past
three years. Recent driving performance is especially important in
evaluating future safety, according to several research studies
designed to correlate past and future driving performance. Results of
these studies support the principle that the best predictor of future
performance by a driver is his/her past record of crashes and traffic
violations. Copies of the studies may be found at Docket Number FMCSA-
1998-3637.
    FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated the driving
performance of experienced monocular drivers in the program is better
than that of all CMV drivers collectively (See 61 FR 13338, 13345,
March 26, 1996). The fact that experienced monocular drivers
demonstrated safe driving records in the waiver program supports a
conclusion that other monocular drivers, meeting the same qualifying
conditions as those required by the waiver program, are also likely to
have adapted to their vision deficiency and will continue to operate
safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used three consecutive
years of data, comparing the experiences of drivers in the first two
years with their experiences in the final year.

II. Qualifications of Applicants

Paulo G. Clemente

    Mr. Clemente, 32, has had amblyopia in his left eye since birth.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
150. Following an examination in 2018, his optometrist stated, ``Full
visual field testing done with the Humphrey field analyzer showed that
Paul saw all the test objects in each eye and in my opinion would
indicate that he has the visual competency to be a safe driver on the
highway and be able to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Clemente reported that he has driven straight
trucks for 11 years, accumulating 440,000 miles. He holds a Class A CDL
from North Carolina. His driving record for the last three years shows
no crashes and no convictions for moving violations in a CMV.

Ronald W. Doskocil

    Mr. Doskocil, 51, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/200, and in his
left eye, 20/20. Following an examination in 2018, his ophthalmologist
stated, ``In my medical opinion, Mr. Doskocil does have sufficient
vision to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Doskocil reported that he has driven straight trucks for
29 years, accumulating 1.45 million miles. He holds an operator's
license from Texas. His driving record for the last three years shows
no crashes and no convictions for moving violations in a CMV.

Loren D. Estad

    Mr. Estad, 54, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
100. Following an examination in 2018, his optometrist stated, ``In my
opinion, Mr. Estad has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Estad reported that he
has driven straight trucks for 38 years, accumulating 456,000 miles,
and tractor-trailer combinations for 35 years, accumulating 3.5 million
miles. He holds a Class AM CDL from North Dakota. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.

Ryan P. Garner

    Mr. Garner, 43, has a prosthetic right eye due to a traumatic
incident in 1982. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2017, his optometrist stated, ``It is my assessment that I certify that
the patient has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Garner reported that he has
driven straight trucks for five years, accumulating 25,000 miles, and
tractor-trailer combinations for four years, accumulating 200,000
miles. He holds a Class A CDL from Montana. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.

Kody D. Gleckler

    Mr. Gleckler, 29, has aphakia in his left eye due to a traumatic
incident in 2009. The visual acuity in his right eye is 20/20, and in
his left eye, 20/400. Following an examination in 2018, his optometrist
stated, ``In conclusion, in my opinion, I believe that he would have
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Gleckler reported that he has driven straight
trucks for ten years, accumulating 100,000 miles, and tractor-trailer
combinations for ten years, accumulating 100,000 miles. He holds a
Class A CDL from Ohio. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.

Jeffrey W. Hawkins

    Mr. Hawkins, 56, has had a retinal detachment in his left eye since
2011. The visual acuity in his right eye is 20/

20, and in his left eye, no light perception. Following an examination
in 2017, his ophthalmologist stated, ``In my medical opinion, the
patient continues to have sufficient vision to perform driving tasks
required as a commercial vehicle operator.'' Mr. Hawkins reported that
he has driven tractor-trailer combinations for 35 years, accumulating
2.8 million miles. He holds a Class A CDL from North Carolina. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Timothy D. Lundvall

    Mr. Lundvall, 61, has had glaucoma in his right eye since 2013. The
visual acuity in his right eye is hand motion, and in his left eye, 20/
20. Following an examination in 2018, his ophthalmologist stated, ``In
my opinion, Mr. Lundvall has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Lundvall reported
that he has driven straight trucks for 30 years, accumulating 45,000
miles, and tractor-trailer combinations for 15 years, accumulating
900,000 miles. He holds a Class A CDL from Nebraska. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.

Eric D. Smith

    Mr. Smith, 54, has had a cataract in his left eye since 2014. The
visual acuity in his right eye is 20/15, and in his left eye, hand
motion. Following an examination in 2018, his optometrist stated, ``In
my medical opinion, I feel that the patient has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Smith reported that he has driven tractor-trailer combinations for
nine years, accumulating 1.35 million miles. He holds a Class A CDL
from Georgia. His driving record for the last three years shows no
crashes and one conviction for a moving violation in a CMV; failure to
keep in proper lane.

Mark E. Thesing

    Mr. Thesing, 59, has had optic nerve hypoplasia in his left eye
since birth. The visual acuity in his right eye is 20/20, and in his
left eye, counting fingers. Following an examination in 2018, his
optometrist stated, ``It is my opinion that Mr. Thesing has sufficient
vision to perform the driving tasks required to operate a commercial
vehicle vehicle [sic] as he has demonstrated during his career
requiring no restrictions.'' Mr. Thesing reported that he has driven
straight trucks for 40 years, accumulating 240,000 miles, and tractor-
trailer combinations for eight years, accumulating 16,000 miles. He
holds a Class A CDL from Minnesota. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.

III. Request for Comments

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

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2018-0015 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and materials received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2018-0015 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.

    Issued on: July 12, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15552 Filed 7-19-18; 8:45 am]
 BILLING CODE 4910-EX-P