[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)]
[Notices]
[Pages 5758-5760]
[FR Doc No: 2016-02000]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-D-0429]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Guidance on Meetings
With Industry and Investigators on the Research and Development of
Tobacco Products

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by March
4, 2016.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0731.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Guidance on Meetings With Industry and Investigators on the Research
and Development of Tobacco Products

OMB Control Number 0910-0731--Extension

    The Family Smoking Prevention and Tobacco Control Act (Pub. L. 111-
31) offers tobacco product manufacturers several pathways to obtain an
order from FDA to authorize the marketing of a new tobacco product
before it may be introduced or delivered into interstate commerce. To
provide assistance with these pathways to market products, FDA will
meet with tobacco product manufacturers, importers, researchers, and
investigators (or their representatives) when appropriate. This
guidance is intended to assist persons who seek meetings with FDA
relating to their research to inform the regulation of tobacco
products, or to support the development or marketing of tobacco
products. The guidance has been revised to provide clarity.
    In the guidance, the Agency discusses, among other things:
     What information FDA recommends persons include in a
meeting request;
     How and when to submit a request; and
     What information FDA recommends persons submit prior to a
meeting.
    This guidance describes two collections of information: (1) The
submission of a meeting request containing certain information and (2)
the submission of an information package in advance of the meeting. The
purpose of this proposed information collection is to allow FDA to
conduct meetings with tobacco manufacturers, importers, researchers,
and investigators in an effective and efficient manner. FDA issued this
guidance as a level 2 guidance consistent with FDA's good guidance
practices regulations (21 CFR 10.115).
    Meeting Requests: The guidance sets forth FDA's recommendations for
materials to be included in a request for a meeting with FDA to discuss
the research and development of tobacco products. In the guidance, FDA
recommends that the following information be included in the meeting
request:

    1. Product name and FDA-assigned Submission Tracking Number (if
applicable);
    2. Product category (e.g., cigarettes, smokeless tobacco) (if
applicable);
    3. Product use (indicate for consumer use or for further
manufacturing);
    4. Contact information for the authorized point of contact for
the company requesting the meeting;
    5. The topic of the meeting being requested (e.g., a new tobacco
product application, an application for permission to market an
MRTP, or investigational use of a new tobacco product);
    6. A brief statement of the purpose of the meeting, which could
include a discussion of the types of studies or data to be discussed
at the meeting, the general nature of the primary questions to be
asked, and where the meeting fits in the overall product development
plans;
    7. A preliminary list of the specific objectives/outcomes
expected from the meeting;

    8. A preliminary proposed agenda, including an estimate of the
time needed and a designated speaker for each agenda item;
    9. A preliminary list of specific questions, grouped by
discipline (e.g., chemistry, clinical, nonclinical);
    10. A list of all individuals who will attend the meeting on
behalf of the tobacco product manufacturer, importer, researcher, or
investigator, including titles and responsibilities;
    11. The date on which the meeting information package will be
received by FDA; and
    12. Suggested format of the meeting, e.g., conference call, in-
person meeting at FDA offices, video conference, or written
response, and suggested dates and times for the meeting. Meetings
are usually scheduled for 1 hour.

    This information will be used by the Agency to: (1) Determine the
utility of the meeting, (2) identify Agency staff necessary to discuss
proposed agenda items, and (3) schedule the meeting.
    Meeting Information Packages: An individual submitting a meeting
information package to FDA in advance of a meeting should provide
summary information relevant to the product and supplementary
information pertaining to any issue raised by the individual or FDA to
be discussed at the meeting. As stated in the guidance, FDA recommends
that meeting information packages generally include updates of
information that was submitted with the meeting request and, as
applicable:

    1. Product composition and design data summary;
    2. Manufacturing and process control data summary;
    3. Nonclinical data summary;
    4. Clinical data summary;
    5. Behavioral and product use data summary;
    6. User and nonuser perception data summary; and
    7. Investigational plans for studies and surveillance of the
tobacco product, including a summary of proposed study protocols
containing the following information (as applicable):
    a. Study objective(s);
    b. Study hypotheses;
    c. Study design;
    d. Study population (inclusion/exclusion criteria, comparison
group(s);
    e. Human subject protection information, including Institutional
Review Board information;
    f. Primary and secondary endpoints (definition and success
criteria);
    g. Sample size calculation;
    h. Data collection procedures;
    i. Duration of follow up and baseline and follow up assessments,
and
    j. Data analysis plan(s).

    The purpose of the information package is to provide Agency staff
the opportunity to adequately prepare for the meeting, including the
review of relevant data concerning the product. In the Agency's
experience, reviewing such information is critical to achieving a
productive meeting. For the information that was previously submitted
in the meeting request, the information package should provide updated
information that reflects the most current and accurate information
available.
    Description of Respondents: The respondents to this collection of
information are manufacturers, importers, researchers, and
investigators of tobacco products who seek to meet with FDA to discuss
their plans regarding the development or marketing of a tobacco
product.
    In the Federal Register of September 17, 2015 (80 FR 55855), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
            Activity                 Number of     responses per   Total annual     burden per      Total hours
                                    respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
                                                Meeting Requests
----------------------------------------------------------------------------------------------------------------
Combining and Sending Meeting                 67               1              67              10             670
 Request Letters for
 Manufacturers, Importers, and
 Researchers....................
----------------------------------------------------------------------------------------------------------------
                                          Meeting Information Packages
----------------------------------------------------------------------------------------------------------------
Combining and Submitting Meeting              67               1              67              18           1,206
 Information Packages for
 Manufacturers, Importers, and
 Researchers....................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           1,876
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    FDA's estimate of the number of respondents for meeting requests in
table 1 of this document is based on the number of meeting requests to
be received over the next 3 years.
    In the next 3 years of this collection, FDA estimates that 67
preapplication meetings will be requested. The number is not expected
to change, as the public is more experienced in submitting applications
for substantial equivalence, requests for nonsubstantial equivalence,
etc.
    Thus, FDA estimates the number of manufacturers, importers,
researchers, and investigators who are expected to submit meeting
requests in table 1 of this document to be 67 (50 year-1 requests + 100
year-2 requests + 50 year-3 requests / 3). The hours per response,
which is the estimated number of hours that a respondent would spend
preparing the information recommended by this guidance to be submitted
with a meeting request, is estimated to be approximately 10 hours each,
and the total burden hours for meeting requests are expected to be 670
hours (10 hours preparation/mailing x 67 average respondents per year).
Based on FDA's experience, the Agency expects it will take respondents
this amount of time to prepare, gather, copy, and submit brief
statements about the product and a description of the purpose and
details of the meeting.
    FDA's estimate of the number of respondents for compiling meeting
information packages in table 1 of this document is based on 67
respondents each preparing copies of their information package and
submitting them to FDA, for a total of 1,206 hours annually. The hours
per response, which is the estimated number of hours that a respondent
would spend preparing the information package as recommended by the
guidance, is estimated to be approximately 18 hours per information
package. Based on FDA's experience, the Agency expects

that it will take respondents 1,206 hours of time (67 respondents x 18
hours) to gather, copy, and submit brief statements about the product,
a description of the details of the anticipated meeting, and data and
information that generally would already have been generated for the
planned research and/or product development.
    The total number of burden hours for this collection of information
is 1,876 hours (670 hours to prepare and submit meeting requests and
1,206 hours to prepare and submit information packages).

     Dated: January 29, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-02000 Filed 2-2-16; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Notices]
[Pages 5283-5284]
[FR Doc No: 2021-00960]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34172; File No. 812-15178]

ActiveShares ETF Trust, et al.

January 12, 2021.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of an application for an order under section 6(c) of the
Investment Company Act of 1940 (``Act'') for an exemption from sections
2(a)(32), 5(a)(1), and 22(d) of the Act and rule 22c-1 under the Act,
and under sections 6(c) and 17(b) of the Act for an exemption from
sections 17(a)(1) and 17(a)(2) of the Act.
    Applicants: ActiveShares ETF Trust (the ``Trust''), Legg Mason
Partners Fund Advisor, LLC (the ``Initial Adviser''), and Legg Mason
Investor Services, LLC (the ``Distributor'').
    Summary of Application: Applicants request an order (``Order'')
that permits: (a) ActiveShares ETFs (as described in the Reference
Order (as defined below)) to issue shares (``Shares'') redeemable in
large aggregations only (``creation units''); (b) secondary market
transactions in Shares to occur at negotiated market prices rather than
at net asset value; and (c) certain affiliated persons of an
ActiveShares ETF to deposit securities into, and receive securities
from, the ActiveShares ETF in connection with the purchase and
redemption of creation units. The relief in the Order would incorporate
by reference terms and conditions of the same relief of a previous
order granting the same relief sought by applicants, as that order may
be amended from time to time (``Reference Order'').\1\
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    \1\ Precidian ETFs Trust, et al., Investment Company Act Release
Nos. 33440 (April 8, 2019) (notice) and 33477 (May 20, 2019)
(order). Applicants are not seeking relief under section 12(d)(1)(J)
of the Act for an exemption from sections 12(d)(1)(A) and
12(d)(1)(B) of the Act (the ``Section 12(d)(1) Relief''), and relief
under sections 6(c) and 17(b) of the Act for an exemption from
sections 17(a)(1) and 17(a)(2) of the Act relating to the Section
12(d)(1) Relief, as granted in the Reference Order. Accordingly, to
the extent the terms and conditions of the Reference Order relate to
such relief, they are not incorporated by reference into the Order.
---------------------------------------------------------------------------

    Filing Date: The application was filed on November 5, 2020 and
amended on December 23, 2020.
    Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by emailing the Commission's
Secretary at<EMAIL_ADDRESS>and serving applicants with a
copy of the request by email. Hearing requests should be received by
the Commission by 5:30 p.m. on February 8, 2021, and should be
accompanied by proof of service on applicants, in the form of an
affidavit or, for lawyers, a certificate of service. Pursuant to rule
0-5 under the Act, hearing requests should state the nature of the
writer's interest, any facts bearing upon the desirability of a hearing
on the matter, the reason for the request, and the issues contested.
Persons who wish to be notified of a hearing may request notification
by emailing the Commission's Secretary at<EMAIL_ADDRESS>
ADDRESSES: The Commission<EMAIL_ADDRESS>Applicants:
ActiveShares ETF Trust, Legg Mason Partners Fund Advisor, LLC, and Legg
Mason Investor Services, LLC: c/o Marc De Oliveira, ActiveShares ETF
Trust<EMAIL_ADDRESS>Laura E. Flores, Morgan, Lewis &
Bockius LLP<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Kay M. Vobis, Senior Counsel, at (202)
551-6728 or Trace W. Rakestraw, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the

application. The complete application may be obtained via the
Commission's website by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants

    1. The Trust is a statutory trust established under the laws of the
State of Maryland and will consist of one or more series operating as
ActiveShares ETFs. The Trust is registered as an open-end management
investment company under the Act. Applicants seek relief with respect
to Funds (as defined below), including an initial Fund (the ``Initial
Fund''). The Funds will operate as ActiveShares ETFs as described in
the Reference Order.\2\
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    \2\ To facilitate arbitrage, an ActiveShares ETF disseminates a
``verified intraday indicative value'' or ``VIIV,'' reflecting the
value of its portfolio holdings, calculated every second during the
trading day. To protect the identity and weightings of its portfolio
holdings, an ActiveShares ETF sells and redeems its Shares in
creation units to authorized participants only through an
unaffiliated broker-dealer acting on an agency basis.
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    2. The Initial Adviser, a Delaware limited liability company, will
be the investment adviser to the Initial Fund. An Adviser (as defined
below) will serve as investment adviser to each Fund. The Initial
Adviser is, and any other Adviser will be, registered as an investment
adviser under the Investment Advisers Act of 1940 (``Advisers Act'').
The Adviser may enter into sub-advisory agreements with other
investment advisers to act as sub-advisers with respect to the Funds
(each a ``Sub-Adviser''). Any Sub-Adviser will be registered under the
Advisers Act.
    3. The Distributor is a Delaware limited liability company and a
broker-dealer registered under the Securities Exchange Act of 1934, as
amended, and will act as the principal underwriter of Shares of the
Funds. Applicants request that the requested relief apply to any
distributor of Shares, whether affiliated or unaffiliated with the
Adviser and/or Sub-Adviser (included in the term ``Distributor''). Any
Distributor will comply with the terms and conditions of the Order.

Applicants' Requested Exemptive Relief

    4. Applicants seek the requested Order under section 6(c) of the
Act for an exemption from sections 2(a)(32), 5(a)(1), and 22(d) of the
Act and rule 22c-1 under the Act, and under sections 6(c) and 17(b) of
the Act for an exemption from sections 17(a)(1) and 17(a)(2) of the
Act. The requested Order would permit applicants to offer ActiveShares
ETFs. Because the relief requested is the same as certain of the relief
granted by the Commission under the Reference Order and because the
Initial Adviser, or an affiliate thereof, has entered into a license
agreement with Precidian Investments LLC, or an affiliate thereof, in
order to offer ActiveShares ETFs,\3\ the Order would incorporate by
reference the terms and conditions of the same relief of the Reference
Order.
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    \3\ Aspects of the Funds are covered by intellectual property
rights, including but not limited to those which are described in
one or more patent applications.
---------------------------------------------------------------------------

    5. Applicants request that the Order apply to the Initial Fund and
to any other existing or future registered open-end management
investment company or series thereof that: (a) Is advised by the
Initial Adviser or any entity controlling, controlled by, or under
common control with the Initial Adviser (any such entity, along with
the Initial Adviser, included in the term ``Adviser''); (b) operates as
an ActiveShares ETF as described in the Reference Order; and (c)
complies with the terms and conditions of the Order and the terms and
conditions of the Reference Order that are incorporated by reference
into the Order (each such company or series and the Initial Fund, a
``Fund'').\4\
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    \4\ All entities that currently intend to rely on the Order are
named as applicants. Any other entity that relies on the Order in
the future will comply with the terms and conditions of the Order
and the terms and conditions of the Reference Order that are
incorporated by reference into the Order.
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    6. Section 6(c) of the Act provides that the Commission may exempt
any person, security or transaction, or any class of persons,
securities or transactions, from any provisions of the Act, if and to
the extent that such exemption is necessary or appropriate in the
public interest and consistent with the protection of investors and the
purposes fairly intended by the policy and provisions of the Act.
Section 17(b) of the Act authorizes the Commission to exempt a proposed
transaction from section 17(a) of the Act if evidence establishes that
the terms of the transaction, including the consideration to be paid or
received, are reasonable and fair and do not involve overreaching on
the part of any person concerned, and the transaction is consistent
with the policies of the registered investment company and the general
purposes of the Act. Applicants submit that for the reasons stated in
the Reference Order the requested relief meets the exemptive standards
under sections 6(c) and 17(b) of the Act.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-00960 Filed 1-15-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 7, 2007 (Volume 72, Number 25)]
[Notices]
[Page 5703-5704]
[DOCID:fr07fe07-81]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0038; FRL-8113-9]

Syracuse Research Corporation; Transfer of Data

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces that pesticide related information
submitted to EPA's Office of Pesticide Programs (OPP) pursuant to the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the
Federal Food, Drug, and Cosmetic Act (FFDCA), including information
that may have been claimed as Confidential Business Information (CBI)
by the submitter, will be transferred to Syracuse Research Corporation
in accordance with 40 CFR 2.307(h)(3) and 2.308(i)(2). Syracuse
Research Corporation has been awarded multiple contracts to perform
work for OPP, and access to this information will enable Syracuse
Research Corporation to fulfill the obligations of the contract.

DATES: Syracuse Research Corporation will be given access to this
information on or before February 12, 2007.

FOR FURTHER INFORMATION CONTACT:  Felicia Croom, Information Technology
and Resources Management Division (7502P), Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action applies to the public in general. As such, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2007-0038. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard

copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. Contractor Requirements

    Under Contract No. EP06H000149, the contractor will perform the
following: Develop surface water scenarios based on the type of
assessment needed. A list will be supplied by the EPA Project Officer.
For the standard risk assessment process, these typically include a
national or regional scenario which is used in the screening-level risk
assessment. Occasionally, a more localized standard scenario or type
may be needed to answer specific questions related to risk and
mitigation.
    The contractor shall use the guidance provided, including the
Pesticide Root Zone Model (PRSM) Guidance for Selecting Field Crop and
Orchard Scenario Development Input Parameters, the Input Parameter
Guidance, and the example input scenario file to develop a single
scenario for each of the identified crop/geography combinations. This
task may also include the development of scenarios specifically
tailored to assessing risks to endangered organism which need
refinement based on species occurrence, habitat, life pattern,
pesticide-use pattern, and agronomic practices. The need to rapidly
develop local scenarios to provide estimated environmental
concentrations (EECs) relevant to a specific endangered species is
critical to the assessment of risk to endangered species.
    OPP has determined that the contracts described in this document
involve work that is being conducted in connection with FIFRA, in that
pesticide chemicals will be the subject of certain evaluations to be
made under

this contract. These evaluations may be used in subsequent regulatory
decisions under FIFRA.
    Some of this information may be entitled to confidential treatment.
The information has been submitted to EPA under sections 3, 4, 6, and 7
of FIFRA and under sections 408 and 409 of FFDCA.
    In accordance with the requirements of 40 CFR 2.307(h)(3), the
contract with Syracuse Research Corporation, prohibits use of the
information for any purpose not specified in this contract; prohibits
disclosure of the information to a third party without prior written
approval from the Agency; and requires that each official and employee
of the contractor sign an agreement to protect the information from
unauthorized release and to handle it in accordance with the FIFRA
Information Security Manual. In addition, Syracuse Research Corporation
is required to submit for EPA approval a security plan under which any
CBI will be secured and protected against unauthorized release or
compromise. No information will be provided to Syracuse Research
Corporation until the requirements in this document have been fully
satisfied. Records of information provided to Syracuse Research
Corporation will be maintained by the EPA Project Officer for this
contract. All information supplied to Syracuse Research Corporation by
EPA for use in connection with this contract will be returned to EPA
when Syracuse Research Corporation has completed its work.

List of Subjects

    Environmental protection, Business and industry, Government
contracts, Government property, Security measures.

    Dated: January 29, 2007.
Robert A. Forrest,
Acting Director, Office of Pesticide Programs.
[FR Doc. E7-1797 Filed 2-6-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 79, Number 25 (Thursday, February 6, 2014)]
[Notices]
[Pages 7181-7183]
[FR Doc No: 2014-02575]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-0482; FRL 9906-28-OAR]

Proposed Information Collection Request; Comment Request;
Information Collection Activities Associated With SmartWay Transport
Partnership

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``Information
Collection Activities Associated with SmartWay Transport Partnership''
(EPA ICR No. 2265.02, OMB Control No. 2060-0663 to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.). Before
doing so, EPA is soliciting public comments on specific aspects of the
proposed information collection as described below. This is a proposed
extension of the ICR, which is currently approved through May 31, 2014.
An Agency may not conduct or sponsor and a person is not required to
respond to a collection of information unless it displays a currently
valid OMB control number.

DATES: Comments must be submitted on or before April 7, 2014.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2007-0482 online using www.regulations.gov (our preferred method), by
email to<EMAIL_ADDRESS>or by mail to EPA Docket Center,
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patty Klavon, U.S. Environmental

Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105;
telephone number:<PHONE_NUMBER>; Fax:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20004.
The telephone number for the Docket Center is<PHONE_NUMBER>. For
additional information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: The EPA's Office of Air and Radiation (OAR) developed the
SmartWay Transport Partnership (``SmartWay'') under directives outlined
in Subtitle D of the Energy Policy Act of 2005 which calls on EPA to
assess the energy and air quality impacts of activities within the
freight industry. These activities include long-duration truck idling,
the development and promotion of strategies for reducing idling, fuel
consumption, and negative air quality effects. SmartWay's objectives
also are consistent with the Federal Technology Transfer Act and other
laws that support collaborative partnerships between government and
industry.
    SmartWay is open to organizations that own, operate, or contract
with fleet operations, including truck and multi-modal carriers,
logistics companies, and shippers. Organizations that do not operate
fleets, but that are working to strengthen the freight industry, such
as industry trade associations, state and local transportation agencies
and environmental groups, also may join as SmartWay Affiliates. All
organizations that join SmartWay are asked to provide EPA with
information as part of their SmartWay registration to annually
benchmark their transportation-related operations and improve the
environmental performance of their freight activities.
    A company joins SmartWay when it completes and submits a SmartWay
Excel-based Partnership tool (``reporting tool'') to EPA. The data
outputs from the submitted tool are used by Partners and SmartWay in
several ways. First, the data provides confirmation that SmartWay
Partners are meeting established objectives as in their Partnership
Agreement. The reporting tool outputs enable EPA to assist SmartWay
Partners in adjusting their commitments, as appropriate, and to update
them with environmental performance and technology information that
empower them to improve their efficiency. This information also
improves EPA's knowledge and understanding of the environmental and
energy impacts associated with goods movement, and the effectiveness of
both proven and emerging strategies to lessen those impacts.
    In addition to requesting annual transportation-related data, EPA
may ask its SmartWay Partners for other kinds of information which
could include opinions and test data on the effectiveness of new and
emerging technology applications, sales volumes associated with
SmartWay-recommended vehicle equipment and technologies, the reach and
value of partnering with EPA through the SmartWay Partnership, and
awareness of the SmartWay brand. In some instances, EPA might query
other freight industry representatives (not just SmartWay Partners),
including trade and professional associations, nonprofit environmental
groups, energy, and community organizations, and universities, and a
small sampling of the general public.
    Form Numbers: None.
    Respondents/Affected entities: Entities potentially affected by
this action include private and public organizations that join the
SmartWay Transport Partnership; freight industry representatives who
engage in activities related to the SmartWay Partnership; and
representative samplings of consumers in the general public. These
entities may be affected by EPA efforts to assess the effectiveness and
value of the SmartWay program, awareness of the SmartWay brand, and
ideas for improving and developing SmartWay.
    Respondent's obligation to respond: Voluntary.
    Estimated number of Program respondents: 3,961.
    Frequency of response: The information collections described in
this ICR must be completed in order for an organization to register as
or continue its status as a SmartWay Partner, to become a SmartWay
Affiliate, to use the SmartWay logo on an EPA-designated tractor or
trailer, or to be considered for a SmartWay Excellence Award.
    Total estimated burden: The annual burden for this collection of
information that all Respondent Partners incur is estimated to average
11,504 hours with a projected annual aggregate cost of $628,477. The
annual burden for this collection of information that federal agency
respondents incur is estimated to average 4,332 hours with a projected
annual aggregate cost of $160,292.
    This ICR estimates that approximately 2,901 Respondent partners
will incur burden associated with SmartWay in the first year, with a
growth of 314 Partners per year projected into the future. The
estimated average burden time per Respondent is 2.90 hours annually.
This is an average across all SmartWay Partners, regardless of whether
they are Affiliates, shippers, carriers, or logistics companies. The
average also includes 150 consumer and industry respondents who spend
far less time, providing the SmartWay program with basic information on
their awareness of the program. Among Respondent Partners, the burden
hours are typically higher for larger companies with more complex
fleets, than for smaller companies.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, disclose or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of

information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
    Total Estimated Cost: The total annual cost to all Respondent
Partners is $628,477. The total annual cost to federal agency
respondents is $160,292.
    Changes in estimates: There is an increase of 3,203 hours in the
total estimated Respondent Partner burden compared with the ICR
currently approved by OMB. This increase reflects the following
adjustments and program changes:
    (1) Adjustments associated with increased interest in SmartWay, and
thus, an increase in new annual Respondents and applications for the
SmartWay Excellence Award, as well as robust Program retention
practices, leading to increased number of Respondent partners reporting
annually;
    (2) Increased burden associated with the SmartWay Tractor & Trailer
program; and,
    (3) Reduced burden due to EPA's streamlined Partnership Annual
Agreement process.

    Dated: January 29, 2014.
Karl Simon,
Director, Transportation Climate Division, Office of Transportation and
Air Quality.
[FR Doc. 2014-02575 Filed 2-5-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Rules and Regulations]
[Pages 46791-46793]
[FR Doc No: 2015-19278]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 65

[Docket No. FAA-2014-1000; Amdt. No. 65-56A]
RIN 2120-AK40

Elimination of the Air Traffic Control Tower Operator Certificate
for Controllers Who Hold a Federal Aviation Administration Credential
With a Tower Rating

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; disposition of comments.

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

SUMMARY: On December 16, 2014, the FAA published a final rule with a
request for comments that eliminated the requirement for an air traffic
control tower operator to hold a control tower operator certificate if
the individual also holds a Federal Aviation Administration Credential
with a tower rating (FAA

Credential). This action addresses the public comment the FAA received.

DATES: The final rule effective date remains February 17, 2015.

ADDRESSES: The docket may be read at http://www.regulations.gov at any
time. Follow the online instructions for accessing the docket. The
docket may also be accessed at the Docket Operations in Room W12-140 of
the West Building Ground Floor, Department of Transportation, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Michele Cappelle, Air Traffic Safety Oversight
Service, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>    For legal questions concerning this action, contact Neal O'Hara,
Attorney, Office of the Chief Counsel, Regulations Division, AGC-240,
Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On December 16, 2014, the FAA published a final rule that
eliminated the requirement for an air traffic control tower operator to
hold a control tower operator (CTO) certificate if the individual also
holds an FAA Credential (79 FR 74607). The requirement to hold both the
CTO certificate and the FAA Credential was redundant since the
underlying requirements for the FAA Credential encompass those of the
CTO certificate. The action will reduce the FAA's burden of
administering redundant programs for those individuals who hold an FAA
Credential.

Discussion of Comments

    The FAA received one comment from the National Air Traffic
Controllers Association--AFL-CIO (NATCA). NATCA had several concerns
with the rule.
    NATCA opposes the elimination of the CTO certificate. NATCA
believes that if the FAA eliminates the requirement for the CTO
certificate, important training requirements risk elimination, which
will result in a significant lack of appropriate oversight and create
disparities between FAA and non-FAA tower Air Traffic Control
Specialists.
    The FAA notes the training requirements for air traffic controllers
have not changed because of this rulemaking. All FAA air traffic
controllers must adhere to the requirements in FAA Order JO 3120.4, Air
Traffic Technical Training. The final rule simply eliminated
duplicative programs that only applied to a portion of the FAA
controller workforce. Before February 17, 2015 (the effective date of
the final rule), air traffic controllers assigned to control towers
were required to possess a CTO certificate issued in accordance with 14
Code of Federal Regulations (14 CFR) part 65, subpart B. CTO
certificates were only required for air traffic controllers working in
a control tower; no such requirement existed for air traffic
controllers assigned to approach control or en-route air traffic
control facilities. In addition, once a CTO certificate was issued, it
remained valid with no recurrent or refresher training requirements to
ensure the holder still possessed the skills demonstrated at the time
the CTO certificate was awarded.
    When the FAA Credentialing program was introduced in 2006, it
included all FAA controllers, not just tower controllers as in the CTO
program. In addition, the emphasis was shifted to ensuring safety-
related personnel retained the skills necessary to perform their
responsibilities. Under the FAA Credentialing program, the individual
must: (1) Complete all required training in accordance with FAA
standards; (2) undergo required certification; and (3) successfully
complete the initial skills evaluation to be issued an FAA Credential
with an appropriate rating. Once issued, the rating associated with the
FAA Credential is valid for 2 years, after which the individual
undergoes another skills evaluation similar to the one used for the
initial certification. The biennial skills evaluation is required for
all air traffic controllers, regardless of their assignment to a tower,
approach control, or en-route air traffic control facility.
    NATCA is also concerned that the knowledge, skill, and experience
requirements in part 65 for CTO certificate holders have not been
properly incorporated into FAA Orders and that no analysis was
performed.
    During the rulemaking process, the FAA reviewed part 65, subpart B,
and made appropriate changes to FAA Order 8000.90 upon issuance of the
final rule. As noted in FAA Order 8000.90, the FAA Credentialing
program incorporates the current training, certification, and
qualification requirements that form the basis from which the Air
Traffic Safety Oversight Service issues, amends, withdraws, and removes
FAA Credentials. The Air Traffic Organization must adhere to the
requirements in FAA Orders regarding the training, proficiency, and
certification of personnel. These orders include FAA Order JO 3120.4,
Air Traffic Technical Training and FAA Order JO 3000.57, Air Traffic
Organization Technical Operations Training and Personnel Certification
Programs. The Air Traffic Organization also must ensure that changes to
FAA Orders JO 3120.4 and JO 3000.57 or other directives related to
training, proficiency, and certification, are submitted for Air Traffic
Safety Oversight Office (AOV) review and acceptance.
    NATCA states that if ``the requirements are eliminated for FAA
credentialed Air Traffic Control Specialists, they need to be retained
in another provision of Regulation or Statute to ensure proper
oversight.'' NATCA believes FAA Orders may be changed at-will and are
not subject to the Administrative Procedure Act (APA). NATCA states
there is no check and balance to oversee the FAA's changes to these
critical matters that are currently covered by regulation and subject
to oversight.
    FAA Orders serve as the primary means within the FAA to issue,
establish, and describe agency policies, organization,
responsibilities, methods, and procedures governing FAA employees. FAA
Order 1320.1 contains the requirements to issue Orders. Also, in 1997,
the National Civil Aviation Review Commission (NCARC) recommended that
the air traffic service provider in FAA be subject to the safety
policies of a separate part of the FAA to provide independent safety
oversight. In addition, in 2001, the International Civil Aviation
Organization (ICAO) adopted an amendment requiring states to implement
formal safety management procedures for their air traffic services
systems.
    FAA Order 1100.161 specifies the manner by which AOV, within the
Office of the Associate Administrator for Aviation Safety (AVS), will
oversee the Air Traffic Organization (ATO), and other organizations
within the Federal Aviation Administration (FAA) regarding safety
management of the air traffic system. AOV's safety oversight
responsibilities remain the same whether certain Air Traffic
requirements are contained in 14 CFR or in FAA Orders. Thus, there is
no erosion of oversight of these important training and certification
requirements.
    NATCA notes that military and Department of Defense civilian

controllers, as well as controllers working in Federal Contract Towers,
are issued CTO certificates. NATCA states that these air traffic
controllers, as well FAA air traffic controllers, regularly transfer
between these employers. NATCA is concerned these transfers will be
stifled or new bureaucracies will need to be created to ensure
equivalent qualifications before transfer.
    The underlying requirements for the FAA Credential encompass those
of the CTO certificate. In addition, the FAA Credential includes the
biennial skills evaluation discussed previously. Therefore, the FAA
does not expect movement between employers to be stifled.
    NATCA states that the FAA's final rule does not address how the FAA
will maintain CTO certificates for incumbent employees for whom they
will not be eliminated.
    The procedures for current CTO certificate holders have not
changed. Therefore, no additional changes were needed to 14 CFR part
65.
    NATCA states that FAA should have collaborated with them on the
development of any changes to the CTO certification process.
    The FAA followed the procedures and requirements of the
Administrative Procedure Act as well as those prescribed by FAA Order
1320.1.
    Finally, NATCA requested that the FAA withdraw the rule and include
FAA Credential holders in 14 CFR part 65. NATCA notes that under such
an amendment, all certified controllers, whether holding a CTO
certificate or an FAA Credential would be subject to the same rules,
any subsequent rule changes would be subject to due process because
they would require amendments to 14 CFR, and it would eliminate
redundant processes.
    The FAA followed the requirements in the Administrative Procedure
Act and FAA Order 1320.1. Because FAA Orders serve as the primary means
within the FAA to issue, establish, and describe agency policies,
organization, responsibilities, methods, and procedures for FAA
employees, the FAA has determined its actions are appropriate and have
eliminated redundant processes.

Conclusion

    After consideration of the comment submitted in response to the
final rule, the FAA has determined that no revisions to the rule are
warranted.

    Issued in Washington, DC on July 27, 2015.
Anthony S. Ferrante,
Director, Air Traffic Safety Oversight Service.
[FR Doc. 2015-19278 Filed 8-5-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Notices]
[Pages 52518-52521]
[FR Doc No: 2016-18729]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

National Hazardous Materials Route Registry Revisions and
Procedures

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

ACTION: Notice

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

SUMMARY: This notice provides the most current revisions to the
National Hazardous Materials Route Registry (NHMRR) and procedures to
facilitate the update of the NHMRR by State and Tribal government
routing agencies. The NHMRR is a listing, as reported by States and
Tribal governments, of all designated and restricted road and preferred
highway routes for transportation of highway route controlled
quantities (HRCQ) of Class 7 radioactive materials (RAM) (HRCQ/RAM) and
non-radioactive hazardous materials (NRHMs).

DATES: Effective date: August 8, 2016.

FOR FURTHER INFORMATION CONTACT:
    Mr. Vincent Babich<PHONE_NUMBER>, or<EMAIL_ADDRESS>
Hazardous Materials Division, Office of Enforcement and Compliance,
Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE.,
Washington, DC 20590. Office hours are from 9 a.m. to 5 p.m., E.T.,
Monday through Friday, except for Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Paragraphs (a)(2) and (b) of section 5112 of title 49, United
States Code (U.S.C.) permit States and Tribal governments to designate
and limit highway routes over which HRCQ/RAM and NRHM may be
transported, provided that the State or Tribal government complies with
standards prescribed by the Secretary of Transportation (the Secretary)
and meets publication requirements in section 5112(c). To establish
standards under paragraph (b), the Secretary must consult with the
States, and, under section 5112(c), coordinate with the States to
publish periodically a list of currently effective HRCQ/RAM and NRHM
highway routing designations and restrictions. The requirements that
States and Tribal governments must follow to establish, maintain, or
enforce routing designations for the transport of placardable
quantities of NRHM are set forth in 49 CFR part 397, subpart C. Subpart
D of part 397 sets out the requirements for designating preferred
routes for HRCQ/RAM shipments as an alternative, or in addition, to
Interstate System highways. For HRCQ/RAM shipments, Sec.  397.101
defines a preferred route as an Interstate Highway for which no
alternative route is designated by the State; a route specifically
designated by the State; or both. See Sec.  397.65 for the definition
of ``NRHM'' and ``routing designations.''
    Under a delegation from the Secretary,\1\ FMCSA has authority to
implement 49 U.S.C. 5112.
---------------------------------------------------------------------------

    \1\ 49 CFR 1.87(d)(2).
---------------------------------------------------------------------------

    Currently, 49 CFR part 397, subpart C, (Routing of NRHM) and
subpart D (Routing of Class 7 RAM) address the routing requirements and
procedures that State and tribal government are required to follow.
Section 397.73 establishes public information and reporting
requirements for NRHM. States or Tribal governments are required to
furnish information regarding any new or changed routes to FMCSA within
60 days after establishment. Under 49 CFR 397.103, a State routing
designation for HRCQ/RAM routes (preferred routes) as an alternative,
or in addition, to an Interstate System highway, is effective when the
authorized routing agency provides FMCSA with written notification,
FMCSA acknowledges receipt in writing, and the route is published in
FMCSA's Hazardous Material Route Registry. The Office of Management and
Budget has approved these collections of information under control
number 2126-0014, Transportation of Hazardous Materials, Highway
Routing. This notice serves only to provide the most current updates to
the NHMRR, and to communicate to States and Tribal government routing
agencies procedures to facilitate timely reporting and efficient update
of the NHMRR as required by 49 U.S.C. 5112 and 49 CFR part 397; it does
not establish any new public information and reporting requirements.

Procedural Changes

    Section 33013 of the Moving Ahead for Progress in the 21st Century
Act of 2012 (MAP-21) [Pub. L. 112-141, July 6, 2012, 126 Stat. 405,
839] amended 49 U.S.C. 5112(c), which addresses the form, manner, and
timetable for State and Tribal Governments to issue and update routing
information for

commercial motor vehicles transporting hazardous material in commerce
for which DOT regulations require placarding of the vehicle .In October
2014, FMCSA published a Technical Amendments Rule that included
amendments to 49 CFR 397.69 to address section 33013 of the statute [79
FR 59450; October 2, 2014]. Among the amendments was a State reporting
requirement to include the name of the agency responsible for the
highway route designations, and another to clarify that any State- or
Tribal-government-designated route is effective only after publication
in the NHMRR. This notice further addresses the form and manner for
updating this information by establishing a procedure for updating the
NHMRR in accordance with the statute and regulations.

Updates to the NHMRR

    The most up-to-date version of the NHMRR, was published in the
Federal Register on April 29, 2015 (80 FR 23860) and can be accessed on
the internet at: http://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry. Further, this
Web page provides a link to http://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry-state
which provides the Route Registry listing of each individual State and
Tribal government as well as information on the official routing
agency. This information, available for use by the routing agencies as
well as the general public, is presented, in three formats; a
spreadsheet, a PDF file, and as available, an interactive map. In
addition, FMCSA has established an internet mailbox at
<EMAIL_ADDRESS>to facilitate communication with routing agencies.
    While the route designation reporting requirements of 49 CFR 397.73
and 397.103 do not provide a specific procedure to follow whenever
there is change in routing designations, the FMCSA is providing the
following procedure to facilitate State and Tribal government routing
agencies in updating their Route Registry listing:
    1. From http://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry-state, open the appropriate
Route Registry spreadsheet for your jurisdiction.
    2. Modify the spreadsheet as necessary following the instructions
on the Web page and the spreadsheet.
    3. Revisions made to the spreadsheet cannot be saved directly to
the Web page. The revised spreadsheet must be saved to a different
location.
    4. Forward the revised spreadsheet file as an attachment to an
email to<EMAIL_ADDRESS>Or forward a printout of the revised
spreadsheet via certified mail (return receipt requested) to FMCSA,
Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave. SE.,
Washington, DC 20590-0001. Attention: National Hazardous Materials
Route Registry.
    5. FMCSA will acknowledge via email the receipt of all changes
received via the ``HM Routing'' internet mailbox.
    6. FMCSA will publish the revisions as a Notice in the Federal
Register and incorporate the revisions, as applicable, into the
appropriate State or Tribal Government Route Register spreadsheet, PDF
file, and map posted on the National Hazardous Materials Route Registry
Web page.

Revisions to the National Hazardous Materials Route Registry

    Since FMCSA published the NHMRR in a Notice on April 29, 2015 (80
FR 23860), the State of California has notified the FMCSA of the
following revisions to their Route Registry:

Table 16.--California--Restricted HM routes
    Route Order designator ``I'' is revised.
Table 1.--California--Designated HRCQ/RAM routes
    Route Order designator ``A'' is revised.
    Route Order designator ``B1'' is revised.
    Route Order designator``B2'' is revised.
    Route Order designator ``F1'' is revised.
    Route Order designator ``B6A-2.0-A is added and assigned a ``P''
designation.
    Route Order designator ``H'' is added and assigned a ``P''
designation.

    In accordance with the requirements of 49 CFR 397.73 and 397.103,
the Route Registry listings for the State of California, as published
in Tables 16 and 17 are being revised. The following revised tables
reflect the most current Route Registry listings for the State of
California and supersede and replace the corresponding tables of the
April 29, 2015 notice. The changes to the listings contained in the
following tables are also reflected in the information posted on the
internet at http://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry. No other States submitted
changes.

                                                        Table 2--California--Restricted HM Routes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Restriction(s)
   Designation date        Route order        Route description               City                   County                (0,1,2,3,4,5,6,7,8,9,i)
--------------------------------------------------------------------------------------------------------------------------------------------------------
10/28/92..............  A                 No person shall drive or                                                   1
                                           permit the driving of
                                           any vehicle transporting
                                           commodities listed in
                                           Section 13 CCR 1150 upon
                                           any highway not
                                           designated by this
                                           article. For pickup and
                                           delivery not over
                                           designated routes, the
                                           route selected must be
                                           the shortest-distance
                                           route from the pickup
                                           location to the nearest
                                           designated route entry
                                           location, and the
                                           shortest-distance route
                                           to the delivery location
                                           from the nearest
                                           designated route exit
                                           location.
01/01/95..............  B                 State 75 [Coronado Toll    San Diego.............  San Diego.............  1,2,3,4
                                           Bridge] from Mile Post
                                           20.28 to Mile Post
                                           R22.26 Junction 5 [San
                                           Diego County].
                                          No flammables/corrosives
                                           or explosives on
                                           Coronado Bay Bridge
                                           (otherwise route is
                                           terminal access).
06/29/00..............  C                 Sepulveda Blvd. [tunnel]   Los Angeles...........  Los Angeles...........  1,2,3,4,5,6,8
                                           from Interstate 105/
                                           Imperial Highway to W.
                                           Century Blvd.
                                           [Restriction for Tank
                                           Vehicles].
10/28/92..............  D                 State 118 from State 232                                                   1
                                           [Oxnard] to Los Angeles
                                           [western county line].
01/01/95..............  E                 State 154 from State 246                           Santa Barbara.........  0
                                           [MP 8.11--Santa Ynez] to
                                           US 101 [near Los Olivos].
                                          No hazardous materials or
                                           waste except pickup and
                                           delivery (otherwise,
                                           from R8.11 to R9.97 is
                                           Terminal Access and from
                                           R9.97 to 32.29 is
                                           California Legal).

1968..................  F                 Monterey Traffic           Monterey..............  Monterey..............  0
                                           Underpass from
                                           Washington St. to
                                           Lighthouse Ave.
                                           [Alternate route:
                                           Pacific St. to Del Monte
                                           Ave.].
03/26/13..............  G                 State 1 Tom Lantos Tunnel  Pacifica..............  San Mateo.............  1, 2, 3
                                           (Devil's Slide Tunnel).
                                          No explosives (Class 1),
                                           flammable gases
                                           (Division 2.1), or
                                           flammable and
                                           combustible liquids
                                           (Class 3).
01/01/95..............  H                 State 84 from State 238/                           Alameda...............  0
                                           Mission Blvd. [MP 10.83--
                                           Fremont] to Interstate
                                           680 [Sunol].
                                          Trucks restricted from
                                           transporting hazardous
                                           materials and waste due
                                           to adjacent drinking
                                           water source (otherwise,
                                           route is Advisory 32).
02/25/95..............  I                 US 101/Golden Gate Bridge                          San Francisco.........  1
                                          [Bridge escort required.
                                           No vehicles transporting
                                           explosives are permitted
                                           on the bridge between
                                           6:30-9:30 and 16:00-
                                           19:00 on weekdays].
01/01/95..............  J                 Interstate 80--SF-Oakland  San Francisco.........                          1, 2, 3, 4
                                           Bay Bridge from Mile
                                           Post 4.92 [San
                                           Francisco] to Mile Post
                                           2.20 [Alameda County].
                                          No flammable tank
                                           vehicles or explosives
                                           on SF-Oakland Bay Bridge
                                           (otherwise, route is
                                           National Network).
01/01/95..............  K                 State 260 from Atlantic                            Alameda...............  0
                                           Ave. [MP R0.62--Alameda]
                                           to Interstate 880 [MP
                                           R1.92--Oakland]
                                           [Eastbound Webster St.
                                           Tube & Westbound Posey
                                           Tube].
                                          Trucks restricted from
                                           transporting hazardous
                                           materials and waste
                                           through Webster and
                                           Posey Tubes (otherwise,
                                           route is California
                                           Legal).
01/01/95..............  L                 State 24 [Caldecott                                                        1, 2, 3
                                           Tunnel] from Mile Post
                                           R5.89 [Alameda County]
                                           to Mile Post R0.35
                                           [Contra Costa County].
                                          [Transportation of an
                                           explosive substance,
                                           flammable liquid,
                                           liquefied petroleum gas,
                                           or poisonous gas in a
                                           tank truck, trailer, or
                                           semi-trailer is allowed
                                           through the tunnel only
                                           between the hours of
                                           3:00 AM and 5:00 AM.]
                                           Otherwise route is
                                           National Network.
10/28/92..............  M                 Tennessee St. from Mare    Vallejo...............  Solano................  1
                                           Island Way to Columbus
                                           Way.
01/01/95..............  N                 State 20 from State 29                             Lake..................  0
                                           [MP 8.32--Upper Lake] to
                                           State 53 [MP 31.62--
                                           Clearlake Oaks].
                                          [No vehicles transporting
                                           hazardous materials or
                                           waste due to adjacent
                                           waters (otherwise, route
                                           is terminal access).].
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                     Table 3--California--Designated HRCQ/RAM Routes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Designation(s)
  Designation date      Route order       Route description            City               County               (A,B,I,P)            FMCSA  QA comment
--------------------------------------------------------------------------------------------------------------------------------------------------------
10/19/94............  A               SR 905 from Mexican                                               P                       This route will be
                                       Border to Interstate                                                                      considered by the
                                       805.                                                                                California Highway
                                                                                Patrol for updates in a
                                                                                future rulemaking.
10/19/94............  B1              Interstate 805 from                           San Diego.........  P                       This route will be
                                       Interstate 5 [north of                                                                    considered by the
                                       the City of San Diego]                                                                    California Highway
                                       to State Route 905.                                                                       Patrol for updates in a
                                                                                future rulemaking.
10/19/94............  B2              Interstate 5 from State                                           P
                                       78 [MP 51--Carlsbad] to
                                       Interstate 8.
10/19/94............  B2A             Interstate 15 from State  San Diego.........  San Diego.........  P
                                       163 to Interstate 8.
10/19/94............  B2B             Interstate 8 from                                                 P
                                       Arizona to Interstate 5
                                       [San Diego].
10/19/94............  B3              Interstate 5 from                                                 P
                                       Interstate 405 [MP 93--
                                       Irvine] to State 78 [MP
                                       78--Carlsbad].
10/19/94............  B3A             Interstate 15 from State                                          P
                                       60 [Mira Loma] to State
                                       163 [San Diego].
10/19/94............  B4              Interstate 5 from                                                 P
                                       Interstate 605 [MP 123--
                                       Santa Fe Springs] to
                                       Interstate 405 [MP 93--
                                       Irvine].

10/19/94............  B4A             Interstate 15 from                                                P
                                       Nevada border to State
                                       60 [Mira Loma].
10/19/94............  B5              Interstate 605 from                           Los Angeles.......  P
                                       Interstate 210 [Duarte]
                                       to Interstate 5 [Santa
                                       Fe Springs].
10/19/94............  B5A-1.0         Interstate 40 from                                                P
                                       Arizona to Interstate
                                       15 [Barstow].
10/19/94............  B6A-1.0         Interstate 10 from                                                P
                                       Arizona to Interstate
                                       605 [Baldwin Park].
10/19/94............  B6A-2.0         Interstate 210 from                           Los Angeles.......  P
                                       Interstate 5 [Sylmar]
                                       to State 57 [Glendora].
04/01/14............  B6A-2.0A        State Route 57 from                                               P
                                       Interstate 210 to
                                       Interstate 10.
10/19/94............  B7A-2.0         Interstate 5 from Oregon                                          P
                                       [MP 796] to Interstate
                                       210 [MP 160--Sylmar].
10/19/94............  C1              Interstate 280 from                                               P
                                       Interstate 680 [in San
                                       Jose] to Interstate 380
                                       [in San Francisco].
10/19/94............  C2              Interstate 680 from                                               P
                                       Interstate 80 [Cordelia
                                       Junction, Fairfield] to
                                       Interstate 280 [San
                                       Jose].
10/19/94............  D1              Interstate 880 from                           Alameda...........  P
                                       Interstate 980
                                       [Oakland] to Interstate
                                       238 [San Leandro].
10/19/94............  D2A             Interstate 980 from       Oakland...........  Alameda...........  P
                                       Interstate 580 to
                                       Interstate 880.
10/19/94............  E               Interstate 238 from                           Alameda...........  P
                                       Interstate 580
                                       [Ashland] to Interstate
                                       880 [San Leandro].
10/19/94............  F1              Interstate 580 from                                               P
                                       Interstate 5 to
                                       Interstate 238.
10/19/94............  F2A             Interstate 205 from                                               P
                                       Interstate 5 [Lanthrop]
                                       to Interstate 580
                                       [Alameda County]''.
10/19/94............  G               Interstate 80 from                                                P
                                       Nevada to Interstate
                                       580 [north of Oakland].
04/01/14............  H               Interstate 505 from                                               P
                                       Interstate 5 to
                                       Interstate 80.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Issued on: July 23, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-18729 Filed 8-5-16; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 128 (Thursday, July 6, 2023)]
[Rules and Regulations]
[Pages 43065-43068]
[FR Doc No: 2023-13731]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 391

[Docket No. FMCSA-2013-0147]

Qualification of Drivers: Skill Performance Evaluation Program;
Virginia Department of Motor Vehicles Application for Exemption Renewal

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

ACTION: Notification of provisional renewal of exemption; request for
comments.

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SUMMARY: FMCSA announces its decision to provisionally renew an
exemption for truck and bus drivers who are licensed in the
Commonwealth of Virginia and need a Skill Performance Evaluation (SPE)
Certificate to operate commercial motor vehicles (CMV) in interstate
commerce. The exemption enables interstate CMV drivers who are licensed
in Virginia and are subject to the Federal SPE certificate requirements
to continue to fulfill the Federal requirements with a State-issued SPE
certificate that qualifies such drivers to operate CMVs in interstate
commerce. The exemption renewal is for a period of 2 years.

DATES: This renewed exemption is effective from July 8, 2023, through
July 7, 2025. Comments must be received on or before August 7, 2023.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-

2013-0147 using any of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday
through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Each submission must include the Agency name and the docket number
(FMCSA-2013-0147) for this notification. Note that DOT posts all
comments received without change to 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 www.regulations.gov at any time. If you do not have
access to the internet, you may view the docket online by visiting
Dockets Operations on the ground floor of the West Building, 1200 New
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Dockets Operations.
    Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov. As described in the
system of records notice DOT/ALL 14--FDMS, which can be reviewed at
https://www.transportation.gov/privacy, the comments are searchable by
the name of the submitter.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590,<PHONE_NUMBER>, [email protected]. If you have
questions on viewing or submitting material to the docket, call Dockets
Operations at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notification (FMCSA-2013-0147), indicate the specific page and section
of this document to which your comment applies, and provide a reason
for each suggestion or recommendation. 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 FMCSA can contact you if there are questions regarding
your submission.
    To submit your comment online, go to www.regulations.gov, insert
the docket number ``FMCSA-2013-0147'' in the keyword box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notification listed, click the ``Comment'' button, and type
your comment into the text box on the following screen. Choose whether
you are submitting your comment as an individual or on behalf of a
third party and then submit.
    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.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b)(2) and 49
CFR 381.300(b) to renew an exemption for a class of persons from the
Federal Motor Carrier Safety Regulations for up to 5 years 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'' (49 U.S.C. 31315(b)(1)). The Virginia Department of
Motor Vehicles (VA DMV) has requested on behalf of Virginia-licensed
drivers who require a Federal SPE certificate renewal of the current
exemption. A copy of the request is available in Docket No. FMCSA-2013-
0147.

III. Background

Current Regulatory Requirements

    CMV drivers who are otherwise qualified to drive a CMV but are not
physically qualified to drive under 49 CFR 391.49(b)(1) or (2) because
of a loss or impairment of limbs, may drive a CMV if FMCSA has granted
an SPE certificate to that person under 49 CFR 391.49.

Initial Decision Granting Exemption

    In 2014, FMCSA initially granted the VA DMV's request for exemption
to enable Virginia-licensed drivers subject to the Federal SPE
certificate requirements under 49 CFR 391.49 to fulfill the Federal
requirements with a State-issued SPE certificate (79 FR 38659, July 8,
2014). The exemption required the State-issued SPE certificate to be
based on standards, processes, and procedures comparable to those used
by FMCSA, and the State was required to maintain copies of all
evaluation forms and certificates issued to allow FMCSA to conduct
periodic reviews of the State's program. Virginia-licensed drivers who
receive the State-issued SPE certificate are allowed to operate CMVs in
interstate commerce. The exemption contained specific terms and
conditions to ensure that the VA DMV maintained an equivalent level of
safety to the Federal SPE process.

2016 and 2018 Renewals

    FMCSA renewed the exemption on the same terms and conditions for a
2-year period from July 9, 2016, to July 9, 2018 (81 FR 44674, July 8,
2016).\1\ FMCSA renewed the exemption again for a 5-year period, from
July 8, 2018, to July 8, 2023 (84 FR 3532, Feb. 12, 2019).
---------------------------------------------------------------------------

    \1\ At the time the first exemption was granted, the term of
temporary exemptions was limited by statute to a maximum of 2 years.
However, on December 4, 2015, Congress enacted the Fixing America's
Surface Transportation (FAST) Act, which allows an exemption to be
granted for a period of 5 years (49 U.S.C. 31315(b)(2)) if FMCSA
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'' (49 U.S.C. 31315(b)(1)).
---------------------------------------------------------------------------

Renewal Request

    In its pending renewal request on behalf of the exempted drivers,
the VA DMV noted that the current exemption allows trained staff from
the Commonwealth of Virginia to review applications and conduct SPEs
for Virginia commercial driver's license (CDL) holders and the Virginia
DMV Commissioner to approve SPE certificates. It notes that the
application package mirrors the package otherwise required by FMCSA for
SPE applications. The VA DMV will use an identical process and
identical standards to process SPE applications. It further noted that,
``Virginia DMV staff assigned to review SPE application packages are
medical professionals (licensed practical nurses and

Registered Nurses).'' In addition, it stated that the Medical Review
staff receive FMCSA training on how to conduct a thorough review of the
SPE application information and that new staff are required to go
through an extensive orientation. It noted that the nurse evaluators
and the overseeing Healthcare Compliance Officer (Registered Nurse)
have all participated in training conducted by FMCSA or will have
recently attended the training provided by FMCSA on May 22-24, 2023.
    Additionally, Medical Review staff forward those drivers who have
met the Federal criteria for an SPE certificate to the Driver Licensing
Quality Assurance (DLQA) staff to conduct the SPEs. The DLQA examiners
hold Class A CDLs and have completed the FMCSA training required to
conduct evaluations. Virginia states that since completing their
training SPE examiners have coordinated with local FMCSA
representatives to ensure retention of knowledge. The May 22-24, 2023,
training will provide training to additional DLQA staff who have never
had the class to allow Virginia to have a complement of examiners to
accommodate any retirements in the future.
    The VA DMV noted that DLQA examiners are positioned across VA DMV's
eight districts and each district has a CDL test site that can be used
for the non-driving and off-highway portion of the SPE, and each
district has a planned test route for the on-highway portion of the
SPE. It states this minimizes the wait times for SPE applicants.
    Finally, the VA DMV notes that it has participated in audit
reviews, record reviews, and submits regular reports to FMCSA as part
of ongoing quality assurance process. Since the most recent July 2018
renewal, the VA DMV notes that 37 Virginia drivers have applied for and
obtained SPE certificates under the exemption and that an additional 40
to 50 drivers renew their certificates each year.
    The VA DMV notes that its program has contributed to Virginia's
commitment to being the most military and veteran-friendly state in the
nation through the Troops to Trucks Program (www.dmvnow.com/troopstotrucks). And it states that expediting the SPE process assists
wounded veterans and military personnel with transition to civilian
employment and reduces the time between discharge and employment for
many wounded veterans ``while addressing the trucking industry's
shortage of qualified licensed commercial truck drivers.''

IV. Equivalent Level of Safety

    Virginia's SPE program is essentially identical to the current
FMCSA SPE program and is subject to oversight by FMCSA to ensure that
VA's processes are equivalent to FMCSA's SPE processes. Virginia
continues to adhere to the application process modeled on the FMCSA
process. State personnel who conduct the SPE complete the same training
as FMCSA personnel conducting SPEs and follow the same procedures and
testing criteria used by FMCSA. FMCSA has conducted ongoing monitoring
and SPE program reviews and Virginia continues to maintain records of
applications, testing, and certificates issued for periodic review by
FMCSA. Based on FMCSA's analyses of the applications and the program,
FMCSA has determined that continuing the exemption for the class of
exempted drivers and continuing to allow the VA DMV to issue SPE
certificates for Virginia residents will provide an equivalent level of
safety as provided by FMCSA issuing the SPE certificates.
    FMCSA is unaware of any evidence of a degradation of safety
attributable to the current exemption. There is no indication of an
adverse impact on safety under the terms and conditions specified in
the initial exemption or exemption renewals. FMCSA concludes that
provisionally extending the exemption for a period of 2 years, under
the terms and conditions listed below, will likely achieve a level of
safety that is equivalent to, or greater than, the level of safety
achieved without the exemption.

V. Exemption Decision

A. Granting of Exemption

    FMCSA provisionally renews the exemption for interstate Virginia-
licensed drivers to be relieved of the requirement for an SPE
certificate issued by FMCSA under 49 CFR 391.49 for a period of 2 years
subject to the terms and conditions of this decision and the absence of
public comments that would cause the Agency to terminate the exemption
under Sec. VII below. The exemption renewal is otherwise effective July
8, 2023, through July 7, 2025, 11:59 p.m. local time, unless renewed or
rescinded.

B. Terms and Conditions

    The exemption to allow the VA DMV to issue an SPE certificate for
interstate drivers who have experienced an impairment or loss of a limb
and are licensed in the Commonwealth of Virginia is subject to the
following terms and conditions:
    1. VA DMV's SPE program must be substantially similar to the
current requirements in 49 CFR 391.49.
    2. VA DMV must maintain an application process modeled on the FMCSA
process and submit information concerning the application process to
FMCSA's Medical Programs Division for review, as requested.
    3. State personnel who conduct SPEs must complete SPE training
identical to that of FMCSA personnel currently administering the
Federal SPE program.
    4. The SPE and scoring for the SPE must be done using the same
procedures and testing criteria used by FMCSA.
    5. VA DMV must maintain records of applications, testing, and
certificates issued for periodic review by FMCSA.
    6. VA DMV must submit a monthly report to FMCSA listing the names
and license number of each driver tested by the State and the result of
the SPE (pass or fail).
    7. As requested, the VA DMV must provide records required to be
retained under this exemption and provide any other information
necessary for FMCSA to evaluate the VA DMV's compliance with the terms
and conditions of this exemption.
    8. Each driver who receives a State-issued SPE certificate must
carry a copy of the certificate when driving for presentation to
authorized Federal, State, or local law enforcement officials.

VI. Preemption

    During the period the exemption is in effect; no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption. An exemption granted
under the authority of 49 U.S.C. 31315(b) preempts State laws and
regulations that conflict with or are inconsistent with the exemption.
The decision to grant the exemption amounts to automatic Federal
ratification of the State-issued SPE Certificate and therefore
prohibits other jurisdictions from requiring a separate FMCSA-issued
SPE. The State-issued certificate must be treated as if it had been
issued by FMCSA. Virginia-licensed drivers who receive the State-issued
SPE certificate are allowed to operate CMVs in interstate commerce.

VII. Termination

    If the Agency determines that 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. The exemption will also be
revoked if the exemption has resulted in a lower level of safety than
was

maintained before it was granted; or continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136, 49 U.S.C. chapter 313, or the Federal Motor Carrier Safety
Regulations.

VIII. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on the application for an
exemption. All comments received before the close of business on the
comment closing date indicated at the beginning of this notification
will be considered and will be available for examination in the docket
at the location listed under the ADDRESSES section of this
notification. Comments received after the comment closing date will be
filed in the public docket and will be considered to the extent
practicable. In addition to late comments, FMCSA will also continue to
file, in the public docket, relevant information that becomes available
after the comment closing date. Interested persons should continue to
examine the public docket for new material.

Robin Hutcheson,
Administrator.
[FR Doc. 2023-13731 Filed 7-5-23; 8:45 am]
BILLING CODE 4910-EX-P