[Federal Register Volume 80, Number 125 (Tuesday, June 30, 2015)]
[Proposed Rules]
[Pages 37200-37203]
[FR Doc No: 2015-15856]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 80, No. 125 / Tuesday, June 30, 2015 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1987; Directorate Identifier 2014-NM-240-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700,
701, & 702) airplanes. This proposed AD was prompted by reports of
cracked forward door members of the inboard main landing gear (MLG)
doors. This proposed AD would require repetitive inspections of the
inboard MLG doors, repairs if necessary, and replacement of the inboard
MLG doors. This proposed AD also would provide optional terminating
action for the door replacement. We are proposing this AD to prevent
loss of an MLG door during flight, which could result in damage to the
airplane.

DATES: We must receive comments on this proposed AD by August 14, 2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
1987; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Aziz Ahmed, Aerospace Engineer, ANE-
171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-1987;
Directorate Identifier 2014-NM-240-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2014-42, dated December 12, 2014 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Bombardier, Inc. Model CL-600-
2C10 (Regional Jet Series 700, 701, & 702) airplanes. The MCAI states:

    Cases of inboard MLG doors with cracked door forward members
were found. A cracked inboard MLG door forward member could result
in door departure from the aeroplane. Loss of an MLG door during
flight could result in damage to the aeroplane and injury to persons
on the ground.
    This [Canadian] AD mandates the repetitive inspection [and
corrective actions if necessary] and replacement of the inboard MLG
doors.

    The repetitive inspection is a detailed inspection for damage
(including deformation, pulled or missing fasteners on the inner and
outer skin, cracks, and deformation) on the forward member of the
inboard MLG door inner skins, outer skin, and the forward member.
    Corrective actions include repairing, removing, or replacing the
inboard MLG door. You may examine the MCAI in the AD docket on the
Internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2015-1987.

Related Service Information Under 1 CFR Part 51

    Bombardier has issued the following service information.
     Bombardier Modification Summary Package IS670528200033,
Revision A-2, dated October 11, 2005. This service information
describes procedures for enlarging the forward and aft hinge cutouts of
the MLG inboard and outboard doors.
     Bombardier Service Bulletin 670BA-32-040, Revision D,
dated July 2, 2014, including Appendix A, Revision A, dated July 2,
2014, and Appendix B, Revision B, dated July 2, 2014. This service
information describes procedures for increasing the clearances between
the MLG fairing and the MLG doors.
     Bombardier Service Bulletin 670BA-32-040, Revision E,
dated

November 13, 2014, including Appendix A, Revision A, dated July 2,
2014, and Appendix B, Revision B, dated July 2, 2014. This service
information describes procedures for increasing the clearances between
the MLG fairing and the MLG doors, and for enlarging the forward and
aft hinge cutouts of the MLG inboard and outboard doors.
     Bombardier Service Bulletin 670BA-32-042, Revision A,
dated July 2, 2014, including Appendices A and B, both dated November
5, 2013. This service information describes procedures for inspecting
and repairing the inboard MLG door inner skins, outer skin, and the
forward member.
     Bombardier Service Bulletin 670BA-32-043, Revision A,
dated November 13, 2014. This service information describes procedures
for replacing the inboard MLG doors.
     Bombardier Service Bulletin 670BA-32-043, dated July 2,
2014. This service information describes procedures for replacing the
inboard MLG doors.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section of this
NPRM.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.

Related Rulemaking

    AD 2010-23-19, Amendment 39-16508 (75 FR 68695, November 9, 2010),
requires repetitive inspections for damage of the MLG inboard doors and
fairing, and corrective actions if necessary. AD 2010-23-19 applies to
Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes
having serial numbers (S/Ns) 10003 and subsequent; and Model CL-600-
2D15 (Regional Jet Series 705) and CL-600-2D24 (Regional Jet Series
900) airplanes having S/Ns 15001 and subsequent.

Costs of Compliance

    We estimate that this proposed AD affects 269 airplanes of U.S.
registry.
    We estimate that it would take about 16 work-hours per product to
comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work hour. Required parts would cost about
$31,000 per product. Based on these figures, we estimate the cost of
this proposed AD on U.S. operators to be $8,704,840, or $32,360 per
product.
    In addition, we estimate that any necessary follow-on actions would
take up to 44 work-hours and require parts costing up to $31,000, for a
cost of up to $34,740 per product. We have no way of determining the
number of aircraft that might need these actions.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Bombardier, Inc.: Docket No. FAA-2015-1987; Directorate Identifier
2014-NM-240-AD.

(a) Comments Due Date

    We must receive comments by August 14, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model CL-600-2C10 (Regional
Jet Series 700, 701, & 702) airplanes, certificated in any category,
serial numbers 10002 and subsequent, as identified in Bombardier
Service Bulletin 670BA-32-042, Revision A, dated July 2, 2014.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing
gear.

(e) Reason

    This AD was prompted by reports of cracked forward door members
of the inboard main landing gear (MLG) doors. We are issuing this AD
to prevent loss of an MLG door during flight, which could result in
damage to the airplane.

(f) Compliance

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

(g) Repetitive Inspections

    Within 660 flight hours or 12 months after the effective date of
this AD, whichever occurs first: Do a detailed inspection for damage
(including deformation, pulled or missing fasteners on the inner and
outer skin, cracks, and deformation) on the outer skin, and the
forward member, in accordance with the Accomplishment Instructions
of Bombardier Service Bulletin 670BA-32-042, Revision A, dated July
2, 2014, including

Appendices A and B, both dated November 5, 2013. Repeat the
inspection thereafter at intervals not to exceed 660 flight hours or
12 months, whichever occurs first.

(h) Detailed Inspection Definition

    For the purposes of this AD, a detailed inspection is an
intensive examination of a specific item, installation, or assembly
to detect damage, failure, or irregularity. Available lighting is
normally supplemented with a direct source of good lighting at an
intensity deemed appropriate. Inspection aids such as mirror,
magnifying lenses, etc., may be necessary. Surface cleaning and
elaborate procedures may be required.

(i) Corrective Actions

    (1) If any damage is found on the inner or outer skin of the
inboard MLG door during any inspection required by paragraph (g) of
this AD: Before further flight, do the actions specified in
paragraph (i)(1)(i), (i)(1)(ii), or (i)(1)(iii) of this AD.
    (i) Remove the damaged inboard MLG door, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-
042, Revision A, dated July 2, 2014, including Appendices A and B,
both dated November 5, 2013.
    (ii) Repair the door as specified in paragraph (i)(1)(i)(A) or
(i)(1)(i)(B) of this AD, as applicable.
    (A) If repair of the inboard MLG door is possible: Repair and
reinstall the door, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-32-042, Revision
A, dated July 2, 2014, including Appendices A and B, both dated
November 5, 2013.
    (B) If it is not possible to repair the inboard MLG door in
accordance with the Accomplishment Instructions of Bombardier
Service Bulletin 670BA-32-042, Revision A, dated July 2, 2014,
including Appendices A and B, both dated November 5, 2013: Repair
using a method approved by the Manager, New York Aircraft
Certification Office (ACO), ANE-170, FAA; or Transport Canada Civil
Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval
Organization (DAO).
    (iii) Replace the inboard MLG door, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-
043, Revision A, dated November 13, 2014.
    (2) If any damage is found on the forward member of the inboard
MLG door during any inspection required by paragraph (g) of this AD:
Before further flight, replace the inboard MLG door, in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
670BA-32-043, Revision A, dated November 13, 2014.

(j) Terminating Action

    Within 6,600 flight hours or 36 months after the effective date
of this AD, whichever occurs first, except as provided by paragraph
(l) of this AD: Replace the inboard MLG door, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-
043, Revision A, dated November 13, 2014; except, where Bombardier
Service Bulletin 670BA-32-043, Revision A, dated November 13, 2014,
specifies to contact the manufacturer for certain instructions, this
AD requires accomplishing those actions using a method approved by
the Manager, New York ACO, ANE-170, FAA; or TCCA; or Bombardier,
Inc.'s TCCA DAO.
    (1) Doing the MLG door replacement required by paragraph (j) of
this AD terminates the inspections required by paragraph (g) of this
AD for that MLG door. (2) Doing the actions required by this
paragraph does not terminate the actions required by AD 2010-23-19,
Amendment 39-16508 (75 FR 68695, November 9, 2010).

(k) Optional Actions for Compliance with Paragraph (j) of this AD

    Doing any of the actions specified in paragraph (k)(1), (k)(2),
(k)(3), or (k)(4) of this AD is acceptable for compliance with the
requirements of paragraph (j) of this AD.
    (1) Replacement of the inboard MLG door, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-
043, Revision A, dated November 13, 2014; and enlargement of the
forward and aft hinge cutouts, in accordance with the procedures
specified in Bombardier Modification Summary Package (MoDSum)
IS670528200033, Revision A-2, dated October 11, 2005.
    (2) Installation of an inboard MLG door assembly with a part
number listed in the ``Post SB Part Number'' column of Section M,
Relationship Chart, of Bombardier Service Bulletin 670BA-32-043,
dated July 2, 2014, in accordance with the Accomplishment
instructions of Bombardier Service Bulletin 670BA-32-043, dated July
2, 2014; or Bombardier Service Bulletin 670BA-32-043, Revision A
dated November 13, 2014; or using a method approved by the Manager,
New York ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO.
    (3) Doing the actions specified in ``PART C--Installation of the
Inboard MLG Door Part Number CC670-10520-15 and Increase of the
Clearance Between the Left MLG Inboard-Door and the MLG Fairing''
and ``PART D--Installation of the Inboard MLG Door Part Number
CC670-10520-16 and Increase of the Clearance Between the Right MLG
Inboard-Door and the MLG Fairing'' of the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-32-040, Revision
E, dated November 13, 2014, including Appendix A, Revision A, dated
July 2, 2014, and Appendix B, Revision B, dated July 2, 2014.
    (4) Doing the actions specified in paragraphs (k)(4)(i) and
(k)(4)(ii) of this AD.
    (i) Doing the actions specified in ``PART C--Installation of the
Inboard MLG Door Part Number CC670-10520-15 and Increase of the
Clearance Between the Left MLG Inboard-Door and the MLG Fairing''
and ``PART D--Installation of the Inboard MLG Door Part Number
CC670-10520-16 and Increase of the Clearance Between the Right MLG
Inboard-Door and the MLG Fairing'' of the Accomplishment
Instructions of Bombardier Service Bulletin 670BA-32-040, Revision
D, dated July 2, 2014, including Appendix A, Revision A, dated July
2, 2014, and Appendix B, Revision B, dated July 2, 2014.
    (ii) Enlargement of the forward and aft hinge cutouts specified
in Bombardier Modsum IS670528200033, Revision A-2, dated October 11,
2005.

(l) Optional Delay of MLG Door Replacement

    If an MLG door is removed, the replacement required by paragraph
(j) of this AD can be delayed until the MLG door is reinstalled.
When the removed MLG door is replaced, the actions required by
paragraph (j) of this AD must be done at the time specified in
paragraph (j) of this AD.

(m) Parts Installation Prohibition

    Upon completion of the actions specified in paragraph (j) or (k)
of this AD, no person may install an inboard MLG door assembly with
a part number listed in the ``Pre SB Part Number'' column of Section
M, Relationship Chart, of Bombardier Service Bulletin 670BA-32-043,
dated July 2, 2014, on any airplane.

(n) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO, ANE-170, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the ACO, send it to ATTN: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; fax<PHONE_NUMBER>. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office. The AMOC approval letter must
specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO,
ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved
by the DAO, the approval must include the DAO authorized signature.

(o) Special Flight Permits

    Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed.

(p) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2014-42, dated December
12, 2014, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2015-1987.
    (2) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax 514 855-
7401; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may view this service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the

availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on June 19, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-15856 Filed 6-29-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Notices]
[Pages 74782-74783]
[FR Doc No: 2016-25930]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9954-54-OA]

Request for Nominations of Experts To Augment the Science
Advisory Board Chemical Assessment Advisory Committee for the Review of
EPA Draft Toxicological Reviews for tert-Butyl Alcohol (tert-butanol)
and Ethyl Tertiary Butyl Ether (ETBE)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) Science Advisory
Board (SAB) Staff Office requests public nominations of scientific
experts to augment the SAB Chemical Assessment Advisory Committee
(CAAC) for the peer review of two EPA Draft Toxicological Review: (1)
The Toxicological Review of tert-Butyl Alcohol (tert-butanol) and (2)
Toxicological Review for Ethyl Tertiary Butyl Ether (ETBE) in Support
of Summary Information on the Integrated Risk Information System
(IRIS).

DATES: Nominations should be submitted by November 17, 2016 per the
instructions below.

FOR FURTHER INFORMATION:  Any member of the public wishing further
information regarding this Notice and Request for Nominations may
contact the Designated Federal Officer for the review, as identified
below. Nominators unable to submit nominations electronically as
described below may contact the Designated Federal Officer for
assistance. General information concerning the EPA SAB can be found at
the EPA SAB Web site at http://www.epa.gov/sab.

SUPPLEMENTARY INFORMATION:
    Background: The SAB (42 U.S.C. 4365) is a chartered Federal
Advisory Committee that provides independent scientific and technical
peer review, advice and recommendations to the EPA Administrator on the
technical basis for EPA actions. As a Federal Advisory Committee, the
SAB conducts business in accordance with the Federal Advisory Committee
Act (FACA) (5 U.S.C. App. 2) and related regulations. The SAB Chemical
Assessment Advisory Committee (CAAC) is a subcommittee of the SAB that
provides advice through the chartered SAB regarding assessments of
environmental chemicals available on EPA's Integrated Risk Information
System (IRIS). The SAB and the CAAC, augmented with additional experts,
will comply with the

provisions of FACA and all appropriate SAB Staff Office procedural
policies.
    The National Center for Environmental Assessment (NCEA) in the
EPA's Office of Research and Development (ORD) develops toxicological
reviews/assessments for various chemicals for inclusion in the IRIS
database. NCEA is developing a draft Toxicological Review of tert-Butyl
Alcohol (tert-butanol) and Toxicological Review of Ethyl Tertiary Butyl
Ether (ETBE) and has asked the SAB to conduct the peer review of these
draft documents. Because tert-butanol is a metabolite of ETBE, the peer
reviews will be conducted together. The SAB Staff Office is seeking
experts to augment the SAB CAAC for the review of tert-butanol and
ETBE.
    These two draft EPA documents represent new IRIS assessments of
tert-butanol and ETBE. Experimental animal data and other relevant data
from studies of the noncancer and cancer effects of tert-butanol and
ETBE are evaluated in these assessments. These assessments include an
oral reference dose (RfD) and inhalation reference concentration (RfC)
for noncancer effects as well as a cancer assessment. The cancer
assessments characterize tert-butanol and ETBE as having suggestive
evidence of carcinogenic potential to humans and include oral cancer
slope factors for both compounds and an inhalation unit risk for ETBE.
    Technical Contact for EPA's draft assessments: For information
concerning the EPA draft assessments, please contact Gina Perovich,
National Center for Environmental Assessment, Office of Research and
Development, U.S. EPA, 1200 Pennsylvania Avenue NW., Mail Code 8601P,
Washington, DC 20460, phone<PHONE_NUMBER> or via email at
<EMAIL_ADDRESS>    Request for Nominations: The SAB Staff Office is seeking
nominations of nationally and internationally recognized scientists
with demonstrated expertise and research on tert-butanol and ETBE to
augment the CAAC for the peer review of the tert-butanol and ETBE
toxicological reviews. The SAB Staff Office seeks experts in one or
more of the following areas, with a particular focus on tert-butanol
and ETBE: Toxicology, rat nephrotoxicity, liver toxicity, reproductive
toxicity, cancer biology, physiologically-based pharmacokinetic (PBPK)
modeling, toxicokinetics, and dose-response modeling of animal data.
Questions regarding this review should be directed to Dr. Shaunta Hill,
Designated Federal Officer (DFO), SAB Staff Office, by telephone/voice
mail at<PHONE_NUMBER>, or via email at<EMAIL_ADDRESS>    Process and Deadline for Submitting Nominations: Any interested
person or organization may nominate qualified individuals in the areas
of expertise described above for possible service on the augmented CAAC
review panel identified in this notice. Nominations should be submitted
in electronic format (preferred over hard copy) using the online
nomination form under the ``Nomination of Experts'' category at the
bottom of the SAB home page at http://www.epa.gov/sab. To receive full
consideration, nominations should include all of the information
requested below.
    EPA's SAB Staff Office requests contact information about the
person making the nomination; contact information about the nominee;
the disciplinary and specific areas of expertise of the nominee; the
nominee's resume or curriculum vitae; sources of recent grant and/or
contract support; and a biographical sketch of the nominee indicating
current position, educational background, research activities, and
recent service on other national advisory committees or national
professional organizations.
    Persons having questions about the nomination procedures, or who
are unable to submit nominations through the SAB Web site, should
contact Dr. Hill as noted above. Nominations should be submitted in
time to arrive no later than November 17, 2016. EPA values and welcomes
diversity. In an effort to obtain nominations of diverse candidates,
EPA encourages nominations of women and men of all racial and ethnic
groups.
    The EPA SAB Staff Office will acknowledge receipt of nominations.
The names and biosketches of qualified nominees identified by
respondents to this Federal Register notice, and additional experts
identified by the SAB Staff, will be posted in a List of Candidates for
the CAAC tert-butanol and ETBE Review Panel on the SAB Web site at
http://www.epa.gov/sab (see links under ``Public Input on Membership''
at the bottom of the SAB home page). Public comments on the List of
Candidates will be accepted for 21 days. The public will be requested
to provide relevant information or other documentation on nominees that
the SAB Staff Office should consider in evaluating candidates.
    For the EPA SAB Staff Office a balanced review panel includes
candidates who possess the necessary domains of knowledge, the relevant
scientific perspectives (which, among other factors, can be influenced
by work history and affiliation), and the collective breadth of
experience to adequately address the charge. In forming this expert
panel, the SAB Staff Office will consider public comments on the List
of Candidates, information provided by the candidates themselves, and
background information independently gathered by the SAB Staff Office.
Selection criteria to be used for panel membership include: (a)
Scientific and/or technical expertise, knowledge, and experience
(primary factors); (b) availability and willingness to serve; (c)
absence of financial conflicts of interest; (d) absence of an
appearance of a loss of impartiality; (e) skills working in committees,
subcommittees and advisory panels; and, (f) for the panel as a whole,
diversity of expertise and scientific points of view.
    The SAB Staff Office's evaluation of an absence of financial
conflicts of interest will include a review of the ``Confidential
Financial Disclosure Form for Environmental Protection Agency Special
Government Employees'' (EPA Form 3110-48). This confidential form
allows government officials to determine whether there is a statutory
conflict between a person's public responsibilities (which include
membership on an EPA federal advisory committee) and private interests
and activities, or the appearance of a loss of impartiality, as defined
by federal regulation. The form may be viewed and downloaded from the
following URL address http://yosemite.epa.gov/sab/sabproduct.nsf/Web/ethics?OpenDocument.
    The approved policy under which the EPA SAB Office selects members
for subcommittees and review panels is described in the following
document: Overview of the Panel Formation Process at the Environmental
Protection Agency Science Advisory Board (EPA-SAB-EC-02-010), which is
posted on the SAB Web site at http://yosemite.epa.gov/sab/
sabproduct.nsf/WebFiles/OverviewPanelForm/$File/ec02010.pdf.

    Dated: October 18, 2016.
Khanna Johnston,
Acting Deputy Director, EPA Science Advisory Board Staff Office.
[FR Doc. 2016-25930 Filed 10-26-16; 8:45 am]
 BILLING CODE 6560-50-P


NAV (the ``Bid/Ask Price''),\73\ and a calculation of the premium and
discount of the Bid/Ask Price against the NAV, and (2) data in chart
format displaying the frequency distribution of discounts and premiums
of the daily Bid/Ask Price against the NAV, within appropriate ranges,
for each of the four previous calendar quarters. On each Business Day,
before commencement of trading in Shares in the Core Trading Session
(9:30 a.m. E.T. to 4:00 p.m. E.T.) on the Exchange, each of the Funds
will disclose on the Trust's Web site the Disclosed Portfolio as
defined in NYSE Arca Equities Rule 8.600(c)(2) that will form the basis
for the each of the Fund's calculation of NAV at the end of the
Business Day.\74\
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    \73\ The Bid/Ask Price of each of the Funds will be determined
using the mid-point of the highest bid and the lowest offer on the
Exchange as of the time of calculation of that Fund's NAV. The
records relating to Bid/Ask Prices will be retained by each of the
Funds and their service providers.
    \74\ Under accounting procedures followed by the Funds, trades
made on the prior Business Day (``T'') will be booked and reflected
in NAV on the current Business Day (``T+1''). Accordingly, the Funds
will be able to disclose at the beginning of the Business Day the
portfolio that will form the basis for the NAV calculation at the
end of the Business Day.
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    On a daily basis, the Funds will disclose on the Funds' Web site
the following information regarding each portfolio holding, as
applicable to the type of holding: Ticker symbol, CUSIP number or other
identifier, if any; a description of the holding (including the type of
holding, such as the type of swap); the identity of the security,
commodity, index or other asset or instrument underlying the holding,
if any; for options, the option strike price; quantity held (as
measured by, for example, par value, notional value or number of
shares, contracts or units); maturity date, if any; coupon rate, if
any; effective date, if any; market value of the holding; and the
percentage weighting of the holding in a Fund's portfolio. The Web site
information will be publicly available at no charge.
    In addition, a basket composition file, which includes the security
names and share quantities, if applicable, required to be delivered in
exchange for each of the Funds' Shares, together with estimates and
actual cash components, will be publicly disseminated daily prior to
the opening of the Exchange via the NSCC. The basket represents one
Creation Unit of each of the Funds. The NAV of each of the Funds will
normally be determined as of the close of the regular trading session
on the Exchange (ordinarily 4:00 p.m. E.T.) on each Business Day.
Authorized participants may refer to the basket composition file for
information regarding Fixed Income Instruments, and any other
instrument that may comprise a Fund's basket on a given day.
    Investors can also obtain the Trust's SAI, the Funds' Shareholder
Reports, and the Funds' Forms N-CSR and Forms N-SAR, filed twice a
year. The Trust's SAI and Shareholder Reports are available free upon
request from the Trust, and those documents and the Form N-CSR, Form N-
PX and Form N-SAR may be viewed on-screen or downloaded from the
Commission's Web site at www.sec.gov. Intra-day and closing price
information regarding equity securities traded on a national

securities exchange, including common stocks, preferred stocks,
securities convertible into stocks, closed-end funds exchange traded
funds, and other equity-related securities, will be available from the
exchange on which such securities are traded. Intra-day and closing
price information regarding Fixed Income Instruments also will be
available from major market data vendors. In addition, price
information for the debt securities and other financial instruments
held by each of the Funds will be available through major market data
vendors.\75\ Price information relating to forwards, OTC options and
swaps will be available from major market data vendors. Intra-day and
closing price information regarding exchange-traded options (including
options on futures) and futures will be available from the exchanges on
which such instruments are traded. U.S. exchange-traded options
quotation and last sale information is available via the Options Price
Reporting Authority. Price information regarding money market
instruments, trade claims, privately placed and unregistered
securities, bank loans and structured products will be available from
major market data vendors. Price information regarding other investment
company securities will be available from on-line information services
and from the Web site for the applicable investment company security.
Information regarding market price and trading volume of the Shares
will be continually available on a real-time basis throughout the day
on brokers' computer screens and other electronic services. Information
regarding the previous day's closing price and trading volume
information for the Shares will be published daily in the financial
section of newspapers. Quotation and last sale information for the
Shares will be available via the Consolidated Tape Association
(``CTA'') high-speed line. In addition, the PIV, as defined in NYSE
Arca Equities Rule 8.600 (c)(3), will be widely disseminated by one or
more major market data vendors at least every 15 seconds during the
Core Trading Session.\76\ The dissemination of the PIV, together with
the Disclosed Portfolio, may allow investors to determine an
approximate value of the underlying portfolio of each of the Funds on a
daily basis and to provide an estimate of that value throughout the
trading day.
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    \75\ Supplementally, major market data vendors may include, but
are not limited to: Thomson Reuters, JPMorgan Chase PricingDirect
Inc., Markit Group Limited, Bloomberg, Interactive Data Corporation
or other major data vendors.
    \76\ Currently, the Exchange understands that several major
market data vendors display and/or make widely available PIV taken
from the CTA or other data feeds.
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Trading Halts
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares of any of the Funds.\77\ Trading in Shares of any
of the Funds will be halted if the circuit breaker parameters in NYSE
Arca Equities Rule 7.12 have been reached. Trading also may be halted
because of market conditions or for reasons that, in the view of the
Exchange, make trading in the Shares inadvisable. These may include:
(1) The extent to which trading is not occurring in the securities and/
or the financial instruments comprising the Disclosed Portfolio of a
Fund; or (2) whether other unusual conditions or circumstances
detrimental to the maintenance of a fair and orderly market are
present. Trading in the Shares will be subject to NYSE Arca Equities
Rule 8.600(d)(2)(D), which sets forth circumstances under which Shares
of a Fund may be halted.
---------------------------------------------------------------------------

    \77\ See NYSE Arca Equities Rule 7.12.
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Trading Rules
    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. Shares will trade on
the NYSE Arca Marketplace from 4 a.m. to 8 p.m. E.T. in accordance with
NYSE Arca Equities Rule 7.34 (Opening, Core, and Late Trading
Sessions). The Exchange has appropriate rules to facilitate
transactions in the Shares during all trading sessions. As provided in
NYSE Arca Equities Rule 7.6, Commentary .03, the minimum price
variation (``MPV'') for quoting and entry of orders in equity
securities traded on the NYSE Arca Marketplace is $0.01, with the
exception of securities that are priced less than $1.00 for which the
MPV for order entry is $0.0001.
    The Shares of each Fund will conform to the initial and continued
listing criteria under NYSE Arca Equities Rule 8.600. Consistent with
NYSE Arca Equities Rule 8.600(d)(2)(B)(ii), the Funds' Reporting
Authority will implement and maintain, or be subject to, procedures
designed to prevent the use and dissemination of material non-public
information regarding the actual components of each Fund's portfolio.
The Exchange represents that, for initial and/or continued listing,
each Fund will be in compliance with Rule 10A-3 \78\ under the Act, as
provided by NYSE Arca Equities Rule 5.3. A minimum of 100,000 Shares
for each Fund will be outstanding at the commencement of trading on the
Exchange. The Exchange will obtain a representation from the issuer of
the Shares that the net asset value (``NAV'') per Share will be
calculated daily and that the NAV and the Disclosed Portfolio will be
made available to all market participants at the same time.
---------------------------------------------------------------------------

    \78\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

Surveillance
    The Exchange represents that trading in the Shares will be subject
to the existing trading surveillances, administered by the Financial
Industry Regulatory Authority (``FINRA'') on behalf of the Exchange,
which are designed to detect violations of Exchange rules and
applicable federal securities laws.\79\ The Exchange represents that
these procedures are adequate to properly monitor Exchange trading of
the Shares in all trading sessions and to deter and detect violations
of Exchange rules and applicable federal securities laws.
---------------------------------------------------------------------------

    \79\ FINRA surveils trading on the Exchange pursuant to a
regulatory services agreement. The Exchange is responsible for
FINRA's performance under this regulatory services agreement.
---------------------------------------------------------------------------

    The surveillances referred to above generally focus on detecting
securities trading outside their normal patterns, which could be
indicative of manipulative or other violative activity. When such
situations are detected, surveillance analysis follows and
investigations are opened, where appropriate, to review the behavior of
all relevant parties for all relevant trading violations.
    FINRA, on behalf of the Exchange, will communicate as needed
regarding trading in the Shares, exchange-traded options, equities,
futures and options on futures with other markets or other entities
that are members of the ISG and FINRA may obtain trading information
regarding trading in the Shares, exchange-trade options, equities,
futures and options on futures from such markets or entities. In
addition, the Exchange may obtain information regarding trading in the
Shares, exchange-traded options, equities, futures and options on
futures from markets or other entities that are members of ISG or with
which the Exchange has in place a comprehensive surveillance sharing
agreement.\80\ FINRA, on behalf of the Exchange, is able to access, as
needed, trade information for certain fixed income

securities held by the Funds reported to FINRA's Trade Reporting and
Compliance Engine (``TRACE''). FINRA also can access data obtained from
the Municipal Securities Rulemaking Board relating to municipal bond
trading activity for surveillance purposes in connection with trading
in the Shares.
---------------------------------------------------------------------------

    \80\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all components of the
Disclosed Portfolio for the Fund may trade on markets that are
members of ISG or with which the Exchange has in place a
comprehensive surveillance sharing agreement.
---------------------------------------------------------------------------

    Not more than 10% of the net assets of a Fund in the aggregate
invested in exchange-traded equity securities shall consist of equity
securities, including stocks into which a convertible security is
converted, whose principal market is not a member of the ISG or is a
market with which the Exchange does not have a comprehensive
surveillance sharing agreement. Furthermore, not more than 10% of the
net assets of a Fund in the aggregate invested in futures contracts or
exchange-traded options contracts shall consist of futures contracts or
exchange-traded options contracts whose principal market is not a
member of ISG or is a market with which the Exchange does not have a
comprehensive surveillance sharing agreement.
    In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.
Information Bulletin
    Prior to the commencement of trading, the Exchange will inform its
Equity Trading Permit (``ETP'') Holders in an Information Bulletin
(``Bulletin'') of the special characteristics and risks associated with
trading the Shares. Specifically, the Bulletin will discuss the
following: (1) The procedures for purchases and redemptions of Shares
in Creation Unit aggregations (and that Shares are not individually
redeemable); (2) NYSE Arca Equities Rule 9.2(a), which imposes a duty
of due diligence on its ETP Holders to learn the essential facts
relating to every customer prior to trading the Shares; (3) the risks
involved in trading the Shares during the Opening and Late Trading
Sessions when an updated Portfolio Indicative Value will not be
calculated or publicly disseminated; (4) how information regarding the
PIV and the Disclosed Portfolio is disseminated; (5) the requirement
that ETP Holders deliver a prospectus to investors purchasing newly
issued Shares prior to or concurrently with the confirmation of a
transaction; and (6) trading information.
    In addition, the Bulletin will reference that each of the Funds is
subject to various fees and expenses described in the Registration
Statement. The Bulletin will discuss any exemptive, no-action, and
interpretive relief granted by the Commission from any rules under the
Act. The Bulletin will also disclose that the NAV for the Shares will
be calculated after 4:00 p.m. E.T. each trading day.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \81\ that an exchange have rules that
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \81\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices in that the
Shares will be listed and traded on the Exchange pursuant to the
initial and continued listing criteria in NYSE Arca Equities Rule
8.600. The Exchange has in place surveillance procedures that are
adequate to properly monitor trading in the Shares in all trading
sessions and to deter and detect violations of Exchange rules and
applicable federal securities laws. FINRA, on behalf of the Exchange,
will communicate as needed regarding trading in the Shares, exchange-
traded options, equities, futures and options on futures with other
markets or other entities that are members of the ISG and FINRA may
obtain trading information regarding trading in the Shares, exchange-
trade options, equities, futures and options on futures from such
markets or entities. In addition, the Exchange may obtain information
regarding trading in the Shares, exchange-traded options, equities,
futures and options on futures from markets or other entities that are
members of ISG or with which the Exchange has in place a comprehensive
surveillance sharing agreement. FINRA, on behalf of the Exchange, is
able to access, as needed, trade information for certain fixed income
securities held by the Funds reported to FINRA's TRACE. FINRA also can
access data obtained from the Municipal Securities Rulemaking Board
relating to municipal bond trading activity for surveillance purposes
in connection with trading in the Shares. Not more than 10% of the net
assets of a Fund in the aggregate invested in exchange-traded equity
securities shall consist of equity securities, including stocks into
which a convertible security is converted, whose principal market is
not a member of the ISG or is a market with which the Exchange does not
have a comprehensive surveillance sharing agreement. Furthermore, not
more than 10% of the net assets of a Fund in the aggregate invested in
futures contracts or exchange-traded options contracts shall consist of
futures contracts or exchange-traded options contracts whose principal
market is not a member of ISG or is a market with which the Exchange
does not have a comprehensive surveillance sharing agreement.
    With respect to each Fund's absolute return investments, each Fund
will limit its investment in securities and instruments economically
tied to emerging market countries to 25% of its total assets. With
respect to each Fund's absolute return investments, each Fund will
limit its investment in ``high yield'' securities rated B or higher by
Moody's, or equivalently rated by S&P or Fitch, or if unrated,
determined by PIMCO to be of comparable quality to 20% of its total
assets (except that within such limitation, each Fund may invest in
mortgage-related securities rated below B). With respect to each Fund's
absolute return investments, each Fund will normally limit its foreign
currency exposure (from non-U.S. dollar-denominated securities or
currencies) to 20% of its total assets. Each Fund may invest up to 20%
of its total assets in ``high yield securities'' rated B or higher by
Moody's, or equivalently rated by S&P or Fitch, or, if unrated,
determined by PIMCO to be of comparable quality (except that within
such limitation, the Fund may invest in mortgage-related securities
rated below B). Each Fund may invest up to 20% of its assets in
mortgage-related and other asset-backed securities, although this 20%
limitation does not apply to securities issued or guaranteed by Federal
agencies and/or U.S. government sponsored instrumentalities. Each Fund
may invest up to 20% of its total assets in bank loans. Each Fund's
investment in units or shares of investment companies and other open-
end collective investment vehicles will not exceed 10% of that Fund's
total assets. Each Fund's investment in illiquid securities will not
exceed 15% of its net assets. None of the Funds will concentrate its
investments in a particular industry.
    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest in
that the Exchange will obtain a representation from the issuer of the
Shares that the NAV per Share for each Fund will be calculated daily
and that the NAV and the Disclosed Portfolio will be made available to
all market participants at the same time. In addition, a large amount
of information

is publicly available regarding each of the Funds and the Shares,
thereby promoting market transparency. Moreover, the PIV will be widely
disseminated by one or more major market data vendors at least every 15
seconds during the Exchange's Core Trading Session. On each Business
Day, before commencement of trading in Shares in the Core Trading
Session on the Exchange, each of the Funds will disclose on the Trust's
Web site the Disclosed Portfolio that will form the basis for each
Fund's calculation of NAV at the end of the Business Day. Information
regarding market price and trading volume of the Shares will be
continually available on a real-time basis throughout the day on
brokers' computer screens and other electronic services, and quotation
and last sale information will be available via the CTA high-speed
line. The Trust's Web site will include a form of the prospectus for
each of the Funds and additional data relating to NAV and other
applicable quantitative information. Moreover, prior to the
commencement of trading, the Exchange will inform its ETP Holders in an
Information Bulletin of the special characteristics and risks
associated with trading the Shares. Trading in Shares of the any of the
Funds will be halted if the circuit breaker parameters in NYSE Arca
Equities Rule 7.12 have been reached or because of market conditions or
for reasons that, in the view of the Exchange, make trading in the
Shares inadvisable, and trading in the Shares will be subject to NYSE
Arca Equities Rule 8.600(d)(2)(D), which sets forth circumstances under
which Shares of either of the Funds may be halted. In addition, as
noted above, investors will have ready access to information regarding
each of the Funds' holdings, the PIV, the Disclosed Portfolio, and
quotation and last sale information for the Shares.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest in that it will facilitate the listing and trading of
additional types of actively-managed exchange-traded products that will
enhance competition among market participants, to the benefit of
investors and the marketplace. As noted above, the Exchange has in
place surveillance procedures relating to trading in the Shares and may
obtain information via ISG from other exchanges that are members of ISG
or with which the Exchange has entered into a comprehensive
surveillance sharing agreement. The Adviser is not a broker-dealer but
is affiliated with a broker-dealer and has implemented a ``fire wall''
with respect to such broker-dealer regarding access to information
concerning the composition and/or changes to each Fund's portfolio. In
addition, the Funds' Reporting Authority will implement and maintain,
or be subject to, procedures designed to prevent the use and
dissemination of material non-public information regarding the actual
components of each Fund's portfolio.

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 purpose of the Act. The Exchange notes that the
proposed rule change will facilitate the listing and trading of
additional types of actively-managed exchange-traded products that,
under normal circumstances, will invest principally in fixed income
securities and that will enhance competition with respect to such
products among market participants, to the benefit of investors and the
marketplace.

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 with respect to the
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days of such
date (i) as the Commission may designate if it finds such longer period
to be appropriate and publishes its reasons for so finding or (ii) as
to which the self-regulatory organization consents, the Commission
will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml ); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2014-89 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-NYSEArca-2014-89.
This file number should be included on the subject line if email is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml ). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Section, 100
F Street NE., Washington, DC 20549 on official business days between 10
a.m. and 3 p.m. Copies of the filing will also be available for
inspection and copying at the NYSE's principal office and on its
Internet Web site at www.nyse.com. 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-NYSEArca-2014-89 and should be submitted on or before
September 24, 2014.
---------------------------------------------------------------------------

    \82\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\82\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-20874 Filed 9-2-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 33 (Wednesday, February 19, 2014)]
[Notices]
[Pages 9469-9470]
[FR Doc No: 2014-03589]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0157]

Study Approaches and Methods To Evaluate the Safety of Drugs and
Biological Products During Pregnancy in the Post-Approval Setting;
Public Meeting, Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting; request for comments.

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

    The Food and Drug Administration (FDA) is announcing a public
meeting entitled ``Study Approaches and Methods to Evaluate the Safety
of Drugs and Biological Products During Pregnancy in the Post-Approval
Setting.'' The purpose of the public meeting is to engage in
constructive dialogue and information sharing among regulators,
researchers, the pharmaceutical industry, public health agencies,
health care providers, and the general public concerning challenges in
designing and implementing pregnancy registries and other methods of
evaluating the post-approval safety profile of drugs and biological
products in pregnant women. The input from this meeting and public
docket will be used to support the revision of a guidance for industry
on establishing pregnancy exposure registries.
    Dates and Times: The meeting will be held on May 28, 2014, from 8
a.m. to 5 p.m. and May 29, 2014, from 8:30 a.m. to 12:30 p.m.
    Location: The meeting will be held at the FDA White Oak Campus,
10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great Room
(Rm. 1503), Silver Spring, MD 20993-0002. Participants must enter
through Building 1 and undergo security screening. For parking and
security information, please visit http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm. Please arrive early to ensure time for parking and
security screening.
    Contact Persons: For meeting background and content: Vicki Moyer,
Center for Drug Evaluation and Research, Food and Drug Administration,
10903 New Hampshire Ave., Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
FAX:<PHONE_NUMBER><EMAIL_ADDRESS>For registration, oral
presentations, special accommodations, and other meeting logistics:
Cherice Holloway, Center for

Drug Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Silver Spring, MD 20993,<PHONE_NUMBER>, FAX 301-796-
9832<EMAIL_ADDRESS>    Registration and Requests for Oral Presentations: Registration is
free and available on a first-come, first-served basis. You must
register online by May 14, 2014. Seating is limited, so register early.
FDA may limit the number of participants from each organization. If
time and space permit, onsite registration on the day of the meeting
will be available. To register for this meeting, please visit FDA's
Drugs News & Events--Meetings, Conferences & Workshops calendar at
http://www.fda.gov/Drugs/NewsEvents/ucm132703.htm and select this
meeting from the events list. If you need special accommodations due to
a disability, please contact Cherice Holloway (see Contact Persons) at
least 7 days before the meeting. Those without Internet access should
contact Cherice Holloway to register.
    This meeting includes a public comment session. If you would like
to present during this session, please identify the topic(s) you will
address during registration (see Section II).
    FDA will do its best to accommodate requests to speak. FDA urges
individuals and organizations with common interests to coordinate and
give a joint, consolidated presentation. Following the close of
registration, FDA will allot time for each presentation and notify
presenters by May 20, 2014. Do not present or distribute commercial or
promotional material during the meeting. Registered presenters should
check in before the meeting.
    Live Webcast of the Meeting: To view the Connect Pro Webcast of
this meeting, you must register online by 4 p.m., May 14, 2014. Webcast
connections are limited, so register early. Organizations should
register all viewers but access the Webcast using one connection per
location.
    Webcast viewers will be sent system requirements after registration
and will be sent connection information after May 21, 2014. Visit
https://collaboration.fda.gov/common/help/en/support/meeting_test.htm
for the Connect Pro Connection Test. To get a quick overview of Connect
Pro, visit http://www.adobe.com/go/connectpro_overview. (FDA has
verified the Web site addresses in this notice but is not responsible
for any subsequent address changes after this notice publishes in the
Federal Register.)
    Comments: FDA is holding this meeting to obtain information on
study approaches and methods to evaluate the safety of drugs and
biological products during pregnancy in the post-approval setting. FDA
is soliciting from interested persons electronic or written comments on
all aspects of the meeting topics through June 30, 2014.
    Attendees and non-attendees may submit electronic comments to
http://www.regulations.gov. Submit written comments to the Division of
Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD 20852. Send only one set of
comments. When sending comments, please include the docket number from
the heading of this notice. In addition, when addressing specific
topics (see Section II), please identify the topic. Received comments
may be viewed in the Division of Dockets Management between 9 a.m. and
4 p.m., Monday through Friday and will be posted to the docket at
http://www.regulations.gov.
    Transcripts: After the meeting, FDA will post a transcript at
http://www.regulations.gov. The transcript may be viewed at the
Division of Dockets Management (see Comments). A transcript will also
be available in either hardcopy or on CD-ROM after submission of a
Freedom of Information request. Send requests to the Division of
Freedom of Information (ELEM-1029), Food and Drug Administration, 12420
Parklawn Dr., Element Bldg., Rockville, MD 20857.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is holding this meeting to seek input from industry, academia,
public health agencies, the clinical community, and other stakeholders
regarding the structure and design of pregnancy registries. In
addition, other methods of evaluating the safety profile of drugs and
biological products in pregnant women in the post-approval setting will
be explored.
    At the time of initial approval of a drug or biological product,
there are generally very limited data on the safety of the product when
used during pregnancy. Pregnancy registries provide post-approval
safety information. In certain cases, these registries may be post-
marketing requirements. The goal of pregnancy registries is to evaluate
the risk of birth defects or pregnancy complications related to use of
a product and to use these data to inform safety-related product
labeling.
    The purpose of the meeting is to engage in constructive dialogue
and information sharing among regulators, researchers, the
pharmaceutical industry, public health agencies, health care providers,
and the general public concerning challenges in designing and
implementing pregnancy registries. FDA is seeking feedback on practical
approaches to improve pregnancy registries, as well as alternative
approaches, to obtain robust scientific information on the rate and
occurrence of birth defects or pregnancy complications related to the
use of a product. Additionally, FDA is seeking input on best practices
to communicate information to health care providers and patients about
pregnancy registries and other post-approval studies in which pregnant
women can enroll. Feedback from this meeting will be used to support
revision of the current guidance for industry entitled ``Establishing
Pregnancy Exposure Registries'' (August 2002), available at http://www.fda.gov/downloads/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/UCM071639.pdf.
    The meeting will include multiple sessions over 2 days.

II. Scope of the Meeting

    The objective of the meeting is to engage researchers, industry,
public health agencies, health care providers, and the public through
presentations and panel discussions on the following topics:
     Current status of pregnancy registries and challenges in
gathering data regarding drug and biological products used during
pregnancy. These challenges include, but are not limited to, low
enrollment, poor followup rate, limited sample size, ascertainment of
adverse outcomes, and appropriate comparator group selection.
     Strategies to improve the design and conduct of pregnancy
registries.
     Alternative approaches, such as enhanced
pharmacovigilance, claims-based database studies, prospective cohort or
case control studies and other innovative methodologies, to obtain
robust scientific information on the rate and occurrence of possible
safety concerns related to the use of drugs and biological products
during pregnancy.
     Best practices for communicating information to health
care providers and patients about pregnancy registries and other post-
approval studies.
    Information about this meeting, including registration and the
agenda, will be posted at http://www.fda.gov/Drugs/NewsEvents/ucm132703.htm as it becomes available.

    Dated: February 13, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-03589 Filed 2-18-14; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Notices]
[Page 79688]
[FR Doc No: 2013-31334]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL14-16-000]

Newmont Nevada Energy Investment LLC v. Sierra Pacific Power
Company; Notice of Complaints

    Take notice that on December 23, 2013, pursuant to sections 206 and
306 of the Federal Power Act (FPA), 16 U.S.C. 824e, and 825e and Rule
206 of the Rules of Practice and Procedure of the Federal Energy
Regulatory Commission (Commission), 18 CFR 385.206, Newmont Nevada
Energy Investment LLC (NNEI or Complainant) filed a formal complaint
against Sierra Pacific Power Company (SPPC or Respondent), alleging
that SPPC failed to comply with the terms, conditions, and implied
covenants of the Interconnection and Operating Agreement; as amended
between NNEI and SPPC, and has failed to pay for costs caused by
changes made by SPPC, as more fully described in the complaint.
    The Complainant certifies that copies of the Complaint were served
on the contacts for the Respondents.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on January 13, 2014.

    Dated: December 24, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-31334 Filed 12-30-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Notices]
[Pages 24434-24437]
[FR Doc No: 2017-10766]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2009-0322; FMCSA-2010-0051; FMCSA-2012-0042; FMCSA-
2012-0043; FMCSA-2014-0012; FMCSA-2014-0013; FMCSA-2014-0014; FMCSA-
2014-0015]

Qualification of Drivers; Exemption Applications; Diabetes

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

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

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

SUMMARY: FMCSA announces its decision to renew the exemptions of 149
individuals from its rule prohibiting persons with insulin-treated
diabetes mellitus (ITDM) from operating commercial motor vehicles
(CMVs) in interstate commerce. FMCSA has statutory authority to exempt
individuals from this rule if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these CMV drivers.

DATES: Each group of renewed exemptions are effective from the dates
stated in the discussions below. Comments must be received on or before
June 26, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. FMCSA-2009-0322; FMCSA-
2010-0051; FMCSA-2012-0042; FMCSA-2012-0043; FMCSA-2014-0012; FMCSA-
2014-0013; FMCSA-2014-0014; FMCSA-2014-0015 using any of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., 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 for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8 a.m. to 5:30 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 renew an exemption
from the Federal Motor Carrier Safety Regulations 2-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 2-year period. The 149 individuals
listed in this notice have recently become eligible for a renewed
exemption from the diabetes prohibition in 49 CFR 391.41(b)(3), which
applies to drivers of CMVs in interstate commerce. The drivers remain
in good standing with the Agency, have maintained their required
medical monitoring and have not exhibited any medical issues that would
compromise their ability to safely operate a CMV during the previous 2-
year exemption period.

II. Exemption Decision

    This notice addresses 149 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. These 149 drivers
remain in good standing with the Agency, have maintained their required
medical monitoring and have not exhibited any medical issues that would
compromise their ability to safely operate a CMV during the previous 2-
year exemption period. Therefore, FMCSA has decided to extend each
exemption for a renewable two-year period. Each individual is
identified according to the renewal date.
    The exemptions are renewed subject to the following conditions: (1)
That each individual submit a quarterly monitoring checklist completed
by the treating endocrinologist as well as an annual checklist with a
comprehensive medical evaluation; (2) that each individual reports
within 2 business days of occurrence, all episodes of severe
hypoglycemia, significant complications, or inability to manage
diabetes; also, any involvement in an accident or any other adverse
event in a CMV or personal vehicle, whether or not it is related to an
episode of hypoglycemia; (3) that each individual submit an annual
ophthalmologist's or optometrist's report; and (4) that each individual
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file, or keep a copy in his/her
driver's qualification file if he/she is self-employed. The driver must
also have a copy of the certification when driving, for presentation to
a duly authorized Federal, State, or local enforcement official.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. The following groups of
drivers received renewed exemptions in the month of May and are
discussed below.
    As of May 8, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, David G. Stookey (WA) has satisfied the renewal conditions for
obtaining an exemption from the rule prohibiting drivers with ITDM from
driving CMVs in interstate commerce (79 FR 10612; 79 FR 27685).
    The driver was included in docket No. FMCSA-2014-0012. The
exemption is effective as of May 8, 2016, and will expire on May 8,
2018.
    As of May 11, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 10 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce. (77 FR 17111; 77 FR
27841):

John G. Hager, Jr. (NJ)
Charles C. Karver (MN)
Benjamin Kimbrough (KS)
Jeffery J. Lawrie (OH)
Raymond Pittman, Jr. (IL)
Daniel J. Russell (OH)
Donald L. Russell, Jr. (MD)
Robert J. Smith (PA)
Robert J. Socha (NE)
Thomas C. Torbett (MO)

    The drivers were included in docket No. FMCSA-2012-0042. Their
exemptions are effective as of May 11, 2016 and will expire on May 11,
2018.
    As of May 14, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 26 individuals, have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (79 FR 2785; 79 FR
10612):

Aaron C. Bogle (OH)
Todd L. Brandt (IL)
Dean G. Brekhus (ND)
Angie M. Carrington (IL)
David A. Cavan (MA)
David A. Charles (OH)
James A. Davis (IL)
Samuel J. Desmond (RI)
Mark C. Durler (KS)
John F. Fedorchak, Jr. (PA)
Derek W. Frazier (IA)
Michael G. Haugen (WI)
Timothy S. Hinkhouse (NE)
Gregg W. Isherwood (ME)
James A. Lagunas (AZ)
Douglas R. Lane (NY)
Jonathan W. Luebke (WI)
Brion T. Maguire (PA)
Jacob R. Martin (MO)
John C. May (NE)
Daryl J. Millard (WA)
Slobodan Pavlovich (WA)
Darryl W. Peppers (IN)
Bradley S. Pletcher (PA)
Hank D. Rose, Jr. (NC)
Joshua R. Wiery (OH)

    The drivers were included in docket No. FMCSA-2014-0012. Their
exemptions are effective as of May 14, 2016, and will expire on May 14,
2018.
    As of May 16, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 29 individuals, have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (79 FR 14579; 79 FR
28590):

Schylor M. Altenhofen (IA)
Don R. Anderson III (IN)
Thomas A. Barnes (MI)
Alvin L. Carpenter (MT)
Richard J. D'Ambrosia (NY)
Jefferey F. Deame (MA)
Keith M. Dickerson (WI)
Carl A. Federighi (CA)
Bradley J. Frazier (IL)
Carl R. Gentry (WA)
Robert M. Hutchison (NY)
Craig A. Keese, Jr. (NY)
Amos L. Lapp (PA)
Edward J. Lulay (IL)
Donald S. Middleton (MO)
Alva D. Moffatt (WA)
John M. Muske (MN)
Stephen R. Newlin (IL)
Antonio Pepiciello (NY)
David R. Petitt (WA)
James K. Popp (MN)
Dustin P. Russell (PA)
Sean L. Shidell (WI)
Randall L. Shultz (MO)
Kenneth R. Soult (OH)
Chad B. Spidell (PA)
Cameron M. Sprinkle (IN)
Douglas E. Stewart (MS)
Thomas L. Williams (MN)

    The drivers were included in docket No. FMCSA-2014-0013. Their
exemptions are effective as of May 16, 2016, and will expire on May 16,
2018.
    As of May 17, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 30 individuals, have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (75 FR 13647; 75 FR
27616; 77 FR 18302; 77 FR 29446):

Mark S. Boettcher (MN)
Steven C. Boudreau (MA)
Roy L. Brokaw (WI)
Chris D. Chambers (LA)
Charles A. Cinert, Sr. (IL)
Dale J. Cleaver (PA)
James H. Collins (FL)
Bert R. Duncan II (UT)
Lance L. Fuller (MN)
Johnny Gardner, Jr. (SC)
Mark D. Golden (MI)
Nathaniel W. Gorham (IN)

DeVere E. Hansen (UT)
Grant C. Huftalin (IA)
Steven M. Janczak (WI)
Sheldon R. Koehn (KS)
Jason R. Kropp (OK)
James W. McClintock, III (AR)
Adolfo Moreno, Jr. (WA)
John W. Morrison (CA)
Bruce V. Oppegard (MN)
Steven G. Petersen (MN)
Damian J. Porter (NY)
David L. Rice (ME)
Wayne F. Richards (PA)
Gary G. Sironen (MT)
Rodney L. Stoltenberg (IA)
Wade D. Street (MT)
Charles M. Sweat (VA)
Stanley C. Tarvidas (IL)

    The drivers were included in one of the following docket Nos:
FMCSA-2009-0322; FMCSA-2012-0043. Their exemptions are effective as of
May 17, 2016, and will expire on May 17, 2018.
    As of May 21, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 52 individuals, have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (75 FR 14652; 75 FR
28684; 79 FR 18400; 79 FR 29262):

Douglas L. Atkins (GA)
Bradley E. Bradshaw (NC)
Phillip W. Bulen (ID)
Robert L. Buol (IA)
Carlos V. Candelaria (NM)
Suellen M. Civiello (ME)
Michael T. Clements (WI)
Daniel G. Conery (NJ)
John A. Conness (MO)
James R. Crawford (WA)
Alan Curtis (UT)
David P. Dengate (PA)
Alan D. Ekberg (NE)
Richard A. Flieth (ND)
Neil G. Ford (PA)
Alden J. Haskins, Sr. (MD)
James Herrada (NE)
Gary W. Hochstein (MN)
Harold D. Hoggard II (PA)
Terry L. Horn (NC)
Wayne L. Hurley (MD)
Gerald A. Johnson (WI)
Frank J. Katzbeck (IL)
Frank T. Katzele (WI)
Cory M. Kobernick (KY)
Thomas G. Lamberton (WA)
Lee H. Lewis (PA)
James K. Libke (IN)
Gordon E. Lindley (WY)
Edwin J. Ludwig (OH)
Edwin H. Maranville (OR)
Joseph R. Marcelewski (OH)
Douglas J. Murray (NY)
David R. Norton (OH)
Eugene P. OQuendo (MA)
Curtis J. Pitt (OR)
Larry J. Reese (PA)
William O. Ruiz III (AZ)
James P. Rushing, Jr. (VA)
Harold D. Russman (SD)
Hector M. Sanchez (NM)
Scott W. Shindledecker (IN)
Shirliann F. Skroch (NV)
Ross L. Smith, Sr. (NJ)
Thomas G. Sosnoski (FL)
Christopher Starghill (DC)
Richard L. Stark (OH)
Philip E. Stegeman (ID)
Kevin L. Upmann (IL)
Brandon L. Weaver (PA)
Matthew G. Williams (KY)
Michael B. Wilson (OH)

    The drivers were included in one of the following docket Nos:
FMCSA-2010-0051; FMCSA-2014-0014. Their exemptions are effective as of
May 21, 2016, and will expire on May 21, 2018.
    As of May 23, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, Derald E. Moenning (NE) has satisfied the renewal conditions for
obtaining an exemption from the rule prohibiting drivers with ITDM from
driving CMVs in interstate commerce (79 FR 22573; 79 FR 35855).
    The driver was included in docket No. FMCSA-2014-0015. The
exemption is effective as of May 23, 2016, and will expire on May 23,
2018.
    Each of the 149 drivers in the aforementioned groups qualifies for
a renewal of the exemption. They have maintained their required medical
monitoring and have not exhibited any medical issues that would
compromise their ability to safely operate a CMV during the previous 2-
year exemption period.
    These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each of the
149 drivers for a period of two years is likely to achieve a level of
safety equal to that existing without the exemption. The drivers were
included in docket numbers FMCSA-2009-0322; FMCSA-2010-0051; FMCSA-
2012-0042; FMCSA-2012-0043; FMCSA-2014-0012; FMCSA-2014-0013; FMCSA-
2014-0014; FMCSA-2014-0015.

IV. Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by June 26, 2017.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 149 individuals from rule
prohibiting persons with ITDM from operating CMVs in interstate
commerce in 49 CFR 391.41(b)(3). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the medical condition of each applicant for an exemption from
rule prohibiting persons with ITDM from operating CMVs in interstate
commerce. That information is available by consulting the above cited
Federal Register publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

V. 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 numbers FMCSA-2009-0322; FMCSA-
2010-0051; FMCSA-2012-0042; FMCSA-2012-0043; FMCSA-2014-0012; FMCSA-
2014-0013; FMCSA-2014-0014; FMCSA-2014-0015 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 material received during the
comment period. FMCSA may issue a final determination at any time after
the close of the comment period.

VI. 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-2009-0322; FMCSA-2010-0051; FMCSA-2012-0042;
FMCSA-2012-0043; FMCSA-2014-0012; FMCSA-2014-0013; FMCSA-2014-0014;
FMCSA-2014-0015 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to this
notice.

    Issued on: May 18, 2017.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-10766 Filed 5-25-17; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Notices]
[Pages 22944-22946]
[FR Doc No: 2013-08957]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0031, Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming
1991 Volkswagen Transporter Multi-Purpose Vehicles Are Eligible for
Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition.

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SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
nonconforming 1991 Volkswagen Transporter Multi-Purpose Passenger
Vehicles that were not originally manufactured to comply with all
applicable Federal Motor Vehicle Safety Standards (FMVSS), are eligible
for importation into the United States because they are substantially
similar to vehicles that were originally manufactured for sale in the
United States and that were certified by their manufacturer as
complying with the safety standards (1991 Volkswagen Vanagon Multi-
Purpose Passenger Vehicles) and they are capable of being readily
altered to conform to the standards.

DATES: The closing date for comments on the petition is May 17, 2013.

ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by 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 or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>
    Instructions: Comments must be written in the English language, and
be no greater than 15 pages in length, although there is no limit to
the length of necessary attachments to the comments. If comments are
submitted in hard copy form, please ensure that two copies are
provided. If you wish to receive confirmation that your comments were
received, please enclose a stamped, self-addressed postcard with the
comments. 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.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    How To Read Comments submitted to the Docket: You may read the
comments received by Docket Management at the address and times given
above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the
dockets. The docket ID number and title of this notice are shown at the
heading of this document notice. Please note that even after the
comment closing date, we will continue to file relevant information in
the Docket as it becomes available. Further, some people may submit
late comments. Accordingly, we recommend that you periodically search
the Docket for new material.

FOR FURTHER INFORMATION CONTACT: Coleman Sachs, Office of Vehicle
Safety Compliance, NHTSA<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS shall be
refused admission into the United States unless NHTSA has decided that
the motor vehicle is substantially similar to a motor vehicle
originally manufactured for importation into and sale in the United
States, certified under 49 U.S.C. 30115, and of the same model year as
the model of the motor vehicle to be compared, and is capable of being
readily altered to conform to all applicable FMVSS.
    Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
in the Federal Register of each petition that it receives, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
    Autostadt West of West Sacramento, California (Registered Importer
06-346) has petitioned NHTSA to decide whether nonconforming European
Market 1991 Volkswagen Transporter Multi-Purpose Passenger Vehicles are
eligible for importation into the United States. The vehicles which
Autostadt West believes are substantially similar are 1991 Volkswagen
Vanagon Multi-Purpose Passenger Vehicles that were manufactured for
import into, and sale in the United States and certified by their
manufacturer as conforming to all applicable FMVSS.
    The petitioner claims that it compared non-U.S. certified 1991
Volkswagen Transporter Multi-Purpose Passenger Vehicles to their U.S.-
certified counterparts, and found the vehicles to be substantially
similar with respect to compliance with most FMVSS.
    Autostadt West submitted information with its petition intended to
demonstrate that non-U.S. certified 1991 Volkswagen Transporter Multi-
Purpose Passenger Vehicles, as originally manufactured, conform to many
FMVSS in the same manner as their U.S. certified counterparts, or are
capable of being readily altered to conform to those standards.
Specifically, the petitioner claims that non-U.S. certified 1991
Volkswagen Transporter Multi-Purpose Passenger Vehicles are identical
to their U.S. certified counterparts with respect to compliance with
Standard Nos. 102 Transmission Shift Lever Sequence, Starter Interlock,
and Transmission Braking Effect, 103 Windshield Defrosting and
Defogging Systems, 104 Windshield Wiping and Washing Systems, 105
Hydraulic and Electric Brake Systems, 106 Brake Hoses, 107 Reflecting
Surfaces, 116 Motor Vehicle Brake Fluids, 119 New Pneumatic Tires for
Vehicles Other Than Passenger Cars, 124 Accelerator Control Systems,
201 Occupant Protection in Interior Impact, 202 Head Restraints, 204
Steering Control Rearward Displacement, 205 Glazing Materials, 206 Door
Locks and Door Retention Components, 207 Seating Systems, 210 Seat Belt
Assembly Anchorages, 211 Wheel Nuts, Wheels Disks, and Hub Caps, 212
Windshield Mounting, 214 Side Impact Protection, 216 Roof Crush
Resistance, 301 Fuel System Integrity, and 302 Flammability of Interior
Materials.
    The petitioner also contends that the vehicles are capable of being
readily altered to meet the following standards, in the manner
indicated:
    Standard No. 101 Controls and Displays: replacement of the brake
failure lamp lens, installation of a seat belt warning lamp, and
recalibration of the speedometer/odometer to show speed in miles per
hour and distance in miles.
    Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: replacement of the headlamps, side marker reflectors, turn
signals, and stop lamps with U.S.-model components.
    Standard No. 111 Rearview Mirrors: replacement of the passenger
side rearview mirror with a U.S.-model component or inscription of the
required warning statement on the face of that mirror.
    Standard No. 114 Theft Protection and Rollaway Prevention:
installation of a U.S.-model micro switch in the steering lock assembly
and a warning buzzer.
    Standard No. 120 Tire Selection for Vehicles Other Than Passenger
Vehicles: installation of an information placard containing
manufacturer specifications for seating capacity and loading, and tire
specifications.
    Standard No. 208 Occupant Crash Protection: (a) Installation of a
U.S.-model push button seat belt buckle with a warning contact switch;
(b) installation of a seat belt warning light in the instrument cluster
and associated wiring.
    Standard No. 209 Seat Belt Assemblies: installation of a U.S.-model
push button seat belt buckle with a warning contact switch.

    The petitioner states that the VIN plate must also be installed on
the left front corner of the dashboard to meet the requirements of 49
CFR part 565.
    All comments received before the close of business on the closing
date indicated above will be considered, and will be available for
examination in the docket at the above addresses both before and after
that date. To the extent possible, comments filed after the closing
date will also be considered. Notice of final action on the petition
will be published in the Federal Register pursuant to the authority
indicated below.

    Authority: 49 U.S.C. 30141(a)(1)(A), (a)(1)(B), and (b)(1); 49
CFR 593.7; delegation of authority at 49 CFR 1.95 and 501.8.

    Issued on: April 11, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-08957 Filed 4-16-13; 8:45 am]
BILLING CODE 4910-59-P