[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Notices]
[Pages 33554-33557]
[FR Doc No: 2012-13663]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0109]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

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

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SUMMARY: FMCSA announces receipt of applications from 22 individuals
for exemption from the prohibition against persons with insulin-treated
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in
interstate commerce. If granted, the exemptions would enable these
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before July 6, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0109 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: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., 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 FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, 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 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 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 22 individuals listed
in this notice have recently requested such an exemption from the
diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers
of CMVs in interstate commerce. Accordingly, the Agency will evaluate
the qualifications of each applicant to determine whether granting the
exemption will achieve the required level of safety mandated by the
statutes.

Qualifications of Applicants

Jack D. Alt

    Mr. Alt, age 39, has had ITDM since 1991. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Alt understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Alt meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2012 and certified that he does not have diabetic retinopathy. He
holds a Class C operator's license from New Hampshire.

Hallie L. Ayers

    Ms. Ayers, 60, has had ITDM since 2008. Her endocrinologist
examined her in 2012 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
Her endocrinologist certifies that Ms. Ayers understands diabetes
management and monitoring, has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Ayers meets the vision
requirements of 49 CFR 391.41(b)(10). Her optometrist examined her in
2012 and certified that she does not have diabetic retinopathy. She
holds a Class A CDL from Arkansas.

Tony O. Billman

    Mr. Billman, 41, has had ITDM since 2011. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Billman understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Billman meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class C operator's license from Pennsylvania.

Tracy M. Dowton

    Mr. Dowton, 45, has had ITDM since 1985. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Dowton understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Dowton meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2012 and certified that he has mild stable nonproliferative diabetic
retinopathy. He holds a Class A CDL license from Montana.

Anil D. Gharmalkar

    Mr. Gharmalkar, 33, has had ITDM since 2010. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Gharmalkar understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gharmalkar meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Kansas.

Larry A. Hamilton

    Mr. Hamilton, 43, has had ITDM since 2012. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Hamilton understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hamilton meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2012 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Missouri.

Gregory S. Heun

    Mr. Heun, 23, has had ITDM since 2001. His endocrinologist examined
him in 2012 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Heun understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Heun meets the vision requirements
of 49 CFR 391.41(b)(10). His optometrist examined him in 2012 and
certified that he does not have diabetic retinopathy. He holds a Class
D operator's license from Oklahoma.

Irene M. Howard

    Ms. Howard, 60, has had ITDM since 2005. Her endocrinologist
examined her in 2011 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5

years. Her endocrinologist certifies that Ms. Howard understands
diabetes management and monitoring, has stable control of her diabetes
using insulin, and is able to drive a CMV safely. Ms. Howard meets the
vision requirements of 49 CFR 391.41(b)(10). Her ophthalmologist
examined her in 2011 and certified that she does not have diabetic
retinopathy. She holds a Class A operator's license from Utah.

Allen K. Kates

    Mr. Kates, 55, has had ITDM since 2005. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Kates understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Kates meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from New Jersey.

Andrew L. Lyman

    Mr. Lyman, 37, has had ITDM since 2006. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Lyman understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Lyman meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class B CDL from Pennsylvania.

Franklin L. Oberender

    Mr. Oberender, 61, has had ITDM since 2011. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Oberender understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Oberender meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2012 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a Class A CDL from Iowa.

Nancy A. Plunk

    Ms. Plunk, 42, has had ITDM since 2007. Her endocrinologist
examined her in 2012 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
Her endocrinologist certifies that Ms. Plunk understands diabetes
management and monitoring, has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Plunk meets the vision
requirements of 49 CFR 391.41(b)(10). Her optometrist examined her in
2011 and certified that she does not have diabetic retinopathy. She
holds a Class A CDL from Missouri.

Victor C. Port

    Mr. Port, 50, has had ITDM since 1973. His endocrinologist examined
him in 2012 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Port understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Port meets the vision requirements
of 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2012 and
certified that he has stable nonproliferative diabetic retinopathy. He
holds a Class A CDL from North Dakota.

Scott D. Roles

    Mr. Roles, 50, has had ITDM since 2008. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Roles understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Roles meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2011 and certified that he does not have diabetic retinopathy. He
holds a Class D CDL from Minnesota.

Jeffrey A. Ryan

    Mr. Ryan, 44, has had ITDM since 1971. His endocrinologist examined
him in 2011 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Ryan understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Ryan meets the vision requirements
of 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2012 and
certified that he has stable nonproliferative diabetic retinopathy. He
holds a Class C operator's license from Iowa.

Keith A. Siekmeier

    Mr. Siekmeier, 53, has had ITDM since 2011. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Siekmeier understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Siekmeier meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2011 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Alaska.

Tom L. Simmons

    Mr. Simmons, 60, has had ITDM since 2010. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or

resulting in impaired cognitive function that occurred without warning
in the past 12 months and no recurrent (2 or more) severe hypoglycemic
episodes in the last 5 years. His endocrinologist certifies that Mr.
Simmons understands diabetes management and monitoring, has stable
control of his diabetes using insulin, and is able to drive a CMV
safely. Mr. Simmons meets the vision requirements of 49 CFR
391.41(b)(10). His optometrist examined him in 2012 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Iowa.

James H. Stichberry, Jr.

    Mr. Stichberry, 68, has had ITDM since 2010. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Stitchberry understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Stichberry meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2011 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Maryland.

Loyd J. Wagner

    Mr. Wagner, 65, has had ITDM since 2011. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Wagner understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Wagner meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Missouri.

John F. Watson

    Mr. Watson, 55, has had ITDM since 2010. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Watson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Watson meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2011 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Indiana.

Melvin E. Welch

    Mr. Welch, 59, has had ITDM since 2012. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Welch understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Welch meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2012 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from New Jersey.

Leroy R. Wille

    Mr. Wille, 63, has had ITDM since 2011. His endocrinologist
examined him in 2012 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Wille understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Wille meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2012 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Iowa.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the date section
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441).\1\ The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
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    \1\ Section 4129(a) refers to the 2003 notice as a ``final
rule.'' However, the 2003 notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
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    Section 4129 requires: (1) Elimination of the requirement for 3
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year driving experience and fulfilled
the requirements of section 4129 while continuing to ensure that
operation of CMVs by drivers with ITDM will achieve the requisite level
of safety required of all exemptions granted under 49 USC. 31136(e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary.
    The FMCSA concluded that all of the operating, monitoring and
medical requirements set out in the September 3, 2003 notice, except as
modified, were in compliance with section 4129(d). Therefore, all of
the requirements set out in the September 3, 2003 notice, except as
modified by the notice in the Federal Register on November 8, 2005 (70
FR 67777), remain in effect.

    Issued on: May 29, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-13663 Filed 6-5-12; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Rules and Regulations]
[Pages 42599-42601]
[FR Doc No: 2010-17897]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 200

[Release No. 34-62520]

Technical Amendment to Rules of Organization; Conduct and Ethics;
and Information and Requests

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; technical amendment.

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SUMMARY: The Securities and Exchange Commission (``Commission'') is
making technical amendments to the rule by which authority is delegated
to the Director of the Division of Enforcement. The amendments update
references to the provision in the Securities Act of 1933 (``Securities
Act'') which authorizes the Commission to issue subpoenas in
investigations under the Securities Act, and delete references to the
Public Utility Holding Company Act of 1935 (``PUHCA'').

DATES: Effective Date: July 22, 2010.

FOR FURTHER INFORMATION CONTACT: Kenneth H. Hall, Assistant Chief
Counsel,<PHONE_NUMBER>, Office of Chief Counsel, Division of
Enforcement, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-6553.

SUPPLEMENTARY INFORMATION:

I. Background

    The Commission is authorized to conduct investigations of possible
violations of the Securities Act. Specifically, section 19(c) of the
Securities Act \1\ provides that,
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    \1\ 15 U.S.C. 77s(c).

    For the purpose of any investigations which, in the opinion of
the Commission, are necessary and proper for the enforcement of this
title, any member of the Commission or any officer or officers
designated by it are empowered to administer oaths and affirmations,
subpena [sic] witnesses, take evidence, and require the production
of any books, papers, or other documents which the Commission deems
relevant or material to the inquiry. Such attendance of witnesses
and the production of such documentary evidence may be required from
any place in the United States or any Territory at any designated
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place of hearing.

Section 21(b) of the Securities Exchange Act of 1934 (``Exchange
Act''),\2\ section 42(b) of the Investment Company Act of 1940 \3\ and
section 209(b) of the Investment Advisers Act of 1940 \4\ also include
provisions authorizing investigations. The Sarbanes-Oxley Act of 2002
\5\ amended section 19 of the Securities Act by inserting a new section
(b), and by redesignating prior sections (b) and (c) as sections (c)
and (d), respectively.\6\ As a result of the statutory amendment,
section 19(b) of the Securities Act, which pertained to investigations
of possible Securities Act violations, was redesignated as section
19(c). To reflect this change, the Commission is adopting technical
amendments to Rule 30-4, which delegates authority to the Director of
its Division of Enforcement to take certain actions during
investigations, including investigations under the Securities Act.
Specifically, paragraphs (a)(1), (a)(4), (a)(10), (a)(11), and (a)(13)
of Rule 30-4 \7\ are each being amended to refer to ``section 19(c) of
the Securities Act of 1933 (15 U.S.C. 77s(c)).''
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    \2\ 15 U.S.C. 78u(b).
    \3\ 15 U.S.C. 80a-41(b).
    \4\ 15 U.S.C. 80b-9(b).
    \5\ Public Law 107-204, 116 Stat. 745 (2002).
    \6\ Section 108(a)(1) and (2).
    \7\ 17 CFR 200.30-4(a)(1), (4), (10), (11), and (13).
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    PUHCA was repealed by the Energy Policy Act of 2005.\8\ To reflect
this change, the Commission is also adopting technical amendments to
Rule 30-4 to remove references to investigations brought under PUHCA.
Specifically, paragraphs (a)(1), (a)(3), (a)(4), (a)(10), and (a)(11)
of Rule 30-4 are each being amended to remove references to ``section
18(c) of the Public Utility Holding Company Act of 1935 (15 U.S.C.
79r(c)).''
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    \8\ Public Law 109-58, 119 Stat. 624 (2005).
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II. Administrative Law Matters

    Under the Administrative Procedure Act (``APA''), notice of
proposed rulemaking is not required when an agency, for good cause,
finds that notice and public comment are impracticable, unnecessary, or
contrary to the public interest.'' \9\ The amendments are technical
changes, adopted solely to update references to a statutory provision
that remains unchanged except for its designation. For this reason, the
Commission finds that it is unnecessary to publish notice of these
amendments. Similarly, the amendments do not require analysis under the
Regulatory Flexibility Act or analysis of major rule status under the
Small Business Regulatory Fairness Act. See 5 U.S.C. 601(2) (for
purposes of Regulatory Flexibility Act analysis, the term ``rule''
means any rule for which the agency publishes a general notice of
proposed rulemaking); and 5 U.S.C. 804(3)(C) (for purposes of
Congressional review of agency rulemaking, the term ``rule'' does not
include any rule of agency organization, procedure or practice that
does not substantially affect the rights or obligations of non-agency
parties).
---------------------------------------------------------------------------

    \9\ 5 U.S.C. 553(b).
---------------------------------------------------------------------------

    Section 23(a)(2) of the Exchange Act requires the Commission, in
adopting rules under the Exchange Act, to consider the competitive
effects of such rules.\10\ Because this amendment merely makes
technical changes to update statutory references, no competitive
advantages or disadvantages would be created.
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    \10\ 15 U.S.C. 78w(a)(2).
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III. Statutory Authority and Text of Amendments

    We are adopting these technical amendments under the authority set
forth in section 23(a) of the Exchange Act.\11\
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    \11\ 15 U.S.C. 782w(a).
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List of Subjects in 17 CFR Part 200

    Rules of organization, Conduct and ethics, and Information and
requests.

Text of Amendments

0
For the reasons set out in the preamble, title 17, Chapter II of the
Code of Federal Regulations is amended as follows:

PART 200--RULES OF ORGANIZATION; CONDUCT AND ETHICS; AND
INFORMATION AND REQUESTS

0
1. The authority citation for part 200, subpart A, continues to read in
part as follows:

    Authority:  15 U.S.C. 77o, 77s, 77sss, 78d, 78d-1, 78d-2, 78w,
78ll(d), 78mm, 80a-37, 80b-11, and 7202, unless otherwise noted.

0
2. Section 200.30-4 is amended by revising paragraphs (a)(1), (a)(3),
(a)(4), (a)(10), (a)(11) and (13) to read as follows:

Sec.  200.30-4  Delegation of authority to Director of Division of
Enforcement.

* * * * *
    (a)(1) To designate officers empowered to administer oaths and
affirmations, subpoena witnesses, compel their attendance, take
evidence, and require the production of any books, papers,
correspondence, memoranda, contracts, agreements, or other records in
the course of investigations instituted by the Commission pursuant to
section 19(c) of the Securities Act of 1933 (15 U.S.C. 77s(c)), section
21(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(b)),
section 42(b) of the Investment Company Act of 1940 (15 U.S.C. 80a-
41(b)) and section 209(b) of the Investment Advisers Act of 1940 (15
U.S.C. 80b-9(b)).
* * * * *
    (3) To terminate and close all investigations authorized by the
Commission pursuant to section 20 of the Securities Act of 1933 (15
U.S.C. 77t), section 21 of the Securities Exchange Act of 1934 (15
U.S.C. 78u), section 42 of the Investment Company Act of 1940 (15
U.S.C. 80a-41) and section 209 of the Investment Advisers Act of 1940
(15 U.S.C. 80b-9).
    (4) To terminate the authority to administer oaths and
affirmations, subpoena witnesses, compel their attendance, take
evidence, and require the production of any books, papers,
correspondence, memoranda, contracts, agreements, or other records in
the course of investigations instituted by the Commission pursuant to
section 19(c) of the Securities Act of 1933 (15 U.S.C. 77s(c)), section
21(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(b)),
section 42(b) of the Investment Company Act of 1940 (15 U.S.C. 80a-
41(b)) and section 209(b) of the Investment Advisers Act of 1940 (15
U.S.C. 80b-9(b)).
* * * * *
    (10) To institute subpoena enforcement proceedings in federal court
to seek an order compelling the production of documents or an
individual's appearance for testimony pursuant to subpoenas issued
pursuant to paragraph (a)(1) of this section in connection with
investigations pursuant to section 19(c) of the Securities Act of 1933
(15 U.S.C. 77s(c)), section 21(b) of the Securities Exchange Act of
1934 (15 U.S.C. 78u(b)), section 42(b) of the Investment Company Act of
1940 (15 U.S.C. 80a-41(b)) and section 209(b) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-9(b)).
    (11) To authorize staff to appear in federal bankruptcy court to
preserve Commission claims in connection with investigations pursuant
to section 19(c) of the Securities Act of 1933 (15 U.S.C. 77s(c)),
section 21(b) of the Securities Exchange Act of 1934 (15 U.S.C.
78u(b)), section 42(b) of the Investment Company Act of 1940 (15 U.S.C.
80a-41(b)) and section 209(b) of the Investment Advisers Act of 1940
(15 U.S.C. 80b-9(b)).
* * * * *
    (13) For the period from August 11, 2009 through August 11, 2010,
to order

the making of private investigations pursuant to section 19(c) of the
Securities Act of 1933 (15 U.S.C. 77s(c)), section 21(b) of the
Securities Exchange Act of 1934 (15 U.S.C. 78u(b)), section 42(b) of
the Investment Company Act of 1940 (15 U.S.C. 80a-41(b) and section
209(b) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-9(b)).
Orders issued pursuant to this delegation during this period will
continue to have effect after August 11, 2010.
* * * * *

    Dated: July 16, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-17897 Filed 7-21-10; 8:45 am]
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[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Notices]
[Pages 20333-20334]
[FR Doc No: 2020-07604]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2020-0379]

Agency Information Collection Activities: Requests for Comments;
Clearance of a New Approval of Information Collection: Operational
Waivers for Small Unmanned Aircraft Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request Office of
Management and Budget (OMB) approval for a new information collection.
The FAA proposes collecting information about requests for waivers from
certain operational rules that apply to small unmanned aircraft systems
(sUAS). The FAA will use the collected information to make
determinations whether to authorize or deny the requested operations of
sUAS. The proposed information collection is necessary to issue such
authorizations or denials consistent with the FAA's mandate to ensure
safe and efficient use of national airspace.

DATES: Written comments should be submitted by June 9, 2020.

ADDRESSES: Please send written comments:
    By Electronic Docket: www.regulations.gov (Enter docket number into
search field).
    By mail: Dwayne C. Morris, 800 Independence Ave. SW, Washington, DC
20591.
    By fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jeremy Grogan by email at:
<EMAIL_ADDRESS>phone:<PHONE_NUMBER>

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-XXXX.
    Title: Operational Waivers for Small Unmanned Aircraft Systems.
    Form Numbers: N/A (Online Portal).
    Type of Review: New.
    Background: The FAA has seen increased operations of small unmanned
aircraft systems (sUAS) flying under 14 CFR part 107. Under 14 CFR
107.205, operators of small UAS may seek waivers from certain
operational rules. The FAA is updating and modernizing the process for
applying for such waivers using the DroneZone website. These
improvements will facilitate the process of collecting and submitting
the information required as part of a waiver application. The reporting
burdens for operational waiver applications are currently covered by
Information Collection Request (ICR) 2120-0768. As part of this effort,
the FAA is creating a new ICR just for operational waiver applications.
In order to process operational waiver requests, the FAA requires the
operator's name, the operator's contact information, and information
related to the date, place, and time of the requested small UAS
operation. Additional information is required related to the proposed
waiver and any necessary mitigations. The FAA will use the requested
information to

determine if the proposed UAS operation can be conducted safely. This
information is necessary for the FAA to meet its statutory mandate of
maintaining a safe and efficient national airspace. See 49 U.S.C.
40103, 44701 and 44708.
    Respondents: sUAS Operators: 8,034 per year.
    Frequency: On occasion. For requests for operational waivers, a
respondent will need to provide the information once at the time of the
request for the waiver. If granted, operational waivers may be valid
for up to four (4) years.
    Estimated Average Burden per Response: 0.65 hours per response.
    Estimated Total Annual Burden: 5,222 hours.

    Issued in Washington, DC, on April 7, 2020.
Dwayne C. Morris,
Project Manager, Flight Standards Service, General Aviation and
Commercial Division.
[FR Doc. 2020-07604 Filed 4-9-20; 8:45 am]
 BILLING CODE 4910-13-P