[Federal Register Volume 84, Number 99 (Wednesday, May 22, 2019)]
[Notices]
[Pages 23629-23632]
[FR Doc No: 2019-10708]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0009]

Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces receipt of applications from 14 individuals
for an exemption from the vision requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions will
enable these individuals to operate CMVs in interstate commerce without
meeting the vision requirement in one eye.

DATES: Comments must be received on or before June 21, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2019-0009 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2019-0009), indicate the specific section of
this document to which each 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 that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2019-0009, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
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.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2019-0009, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-year period if it finds such exemption would
likely achieve a level of safety that is equivalent to, or greater
than, the level that would be achieved absent such exemption. The
statute also allows the Agency to renew exemptions at the end of the
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The 14 individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of at least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal Meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing standard
red, green, and amber.
    In July 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16,
1992). The current Vision Exemption Program was established in 1998,
following the enactment of amendments to the statutes governing
exemptions made by Sec.  4007 of the Transportation Equity Act for the
21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9,
1998). Vision exemptions are considered under the procedures
established in 49 CFR part 381 subpart C, on a case-by-case basis upon
application by CMV drivers who do not meet the vision standards of 49
CFR 391.41(b)(10).
    To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past
three years. Recent driving performance is especially important in
evaluating future safety, according to several research studies
designed to correlate past and future driving performance. Results of
these studies support the principle that the best predictor of future
performance by a driver is his/her past record of crashes and traffic
violations. Copies of the studies may be found at Docket Number FMCSA-
1998-3637.
    FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated the driving
performance of experienced monocular drivers in the program is better
than that of all CMV drivers collectively (See 61 FR 13338, 13345,
March 26, 1996). The fact that experienced monocular drivers
demonstrated safe driving records in the waiver program supports a
conclusion that other monocular drivers, meeting the same qualifying
conditions as those required by the waiver program, are also likely to
have adapted to their vision deficiency and will continue to operate
safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used three consecutive
years of data, comparing the experiences of drivers in the first two
years with their experiences in the final year.

III. Qualifications of Applicants

Cesar Avila

    Mr. Avila, 35, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/20, and in his left eye, 20/400.
Following an examination in 2019, his optometrist stated, ``It is our
opinion that Cesar would have sufficient vision and visual fields to
perform any commercial driving task provided to him.'' Mr. Avila
reported that he has driven straight trucks for 15 years, accumulating
360,000 miles. He holds an operator's license from Pennsylvania. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Scott R. Barber

    Mr. Barber, 47, has optic atrophy in his left eye due to a
traumatic incident in 1996. The visual acuity in his right eye is 20/
20, and in his left eye, 20/200. Following an examination in 2019, his
optometrist stated, ``It is in my medical option, [sic] I believe Mr.
Scott Barber has sufficient vision to perform the driving tasks
required to operate a commercial vehicle based on these requirements.''
Mr. Barber reported that he has driven straight trucks for 26 years,
accumulating 26,000 miles. He holds an operator's license from
Illinois. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.

Jonathan A. Brown

    Mr. Brown, 66, has a cataract in his right eye due to a traumatic
incident in 2007. The visual acuity in his right eye is 20/200, and in
his left eye, 20/25. Following an examination in 2019, his optometrist
stated, ``My opinion is that Mr. Brown has sufficient vision to drive
commercial vehicles.'' Mr. Brown reported that he has driven straight
trucks for 48 years, accumulating 960,000 miles, and tractor-trailer
combinations for 48 years, accumulating 192,000 miles. He holds a Class
A CDL from Georgia. His driving record for the last three years shows
no crashes and no convictions for moving violations in a CMV.

Glenn E. Coombes, Jr.

    Mr. Coombes, 59, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye,
counting fingers. Following an examination in 2018, his optometrist
stated, ``Patient does have sufficient vision to operate commercial
vehicle.'' Mr. Coombes reported that he has driven straight trucks for
two years, accumulating 1,200 miles, and tractor-trailer combinations
for ten years, accumulating 1.06 million miles. He holds a Class A CDL
from Texas. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.

John A. DeVos III

    Mr. DeVos, 55, has macular chorioretinal scars in his left eye due
to a traumatic incident in 2009. The visual acuity in his right eye is
20/20, and in his left eye, 20/400. Following an examination in 2019,
his optometrist stated, ``In my medical opinion, Mr. Devos [sic]
maintains sufficient vision to continue to operate a commercial vehicle
despite the sustained eye injury to his left eye.'' Mr. DeVos reported
that he has driven straight trucks for seven years, accumulating
182,000 miles, and tractor-trailer combinations for 15 years,
accumulating 180,000 miles. He holds a Class A CDL from Vermont. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Marc W. Enderson

    Mr. Enderson, 53, has a retinal detachment in his right eye due to
a traumatic incident in 1991. The visual acuity in his right eye is
counting fingers, and in his left eye, 20/15. Following an examination
in 2019, his optometrist stated, ``In my opinion Mr. Enderson has
sufficient vision to perform driving tasks to operate a commercial
vehicle.'' Mr. Enderson reported that he has driven straight trucks for
15 years, accumulating 225,000 miles, tractor-trailer combinations for
23 years, accumulating 460,000 miles, and buses for 12 years,
accumulating 144,000 miles. He holds a Class A CDL from North Dakota.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Robert R. Enoch

    Mr. Enoch, 70, has had macular degeneration in his right eye since
2008. The visual acuity in his right eye is counting fingers, and in
his left eye, 20/20. Following an examination in 2018, his
ophthalmologist stated, ``With spectacle correction, the patient's only
well seeing left eye has vision that is adequate for operating a
commercial vehicle with a commercial driver's license.'' Mr. Enoch
reported that he has driven tractor-trailer combinations for 45 years,
accumulating 6 million miles. He holds a Class A CDL from North
Carolina. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.

Donald K. Etter

    Mr. Etter, 82, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/80, and in his left eye, 20/25.
Following an examination in 2019, his optometrist stated, ``Corrected
vision, especially left eye is sufficient to perform driving tasks to
operate a commercial vehicle.'' Mr. Etter reported that he has driven
straight trucks for 65 years, accumulating 97,500 miles, and tractor-
trailer combinations for 65 years, accumulating 97,500 miles. He holds
an operator's license from Pennsylvania. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.

Juan O. Gonzalez

    Mr. Gonzalez, 51, has had a chorioretinal scar in his right eye
since childhood. The visual acuity in his right eye is 20/200, and in
his left eye, 20/20. Following an examination in 2019, his optometrist
stated, ``Based on my exam findings, and due to the nature of the
condition, Mr. Gonzalez's vision is stable. In my opinion, Mr. Gonzalez
has the capability of operating a commercial vehicle.'' Mr. Gonzalez
reported that he has driven straight trucks for ten years, accumulating
1.1 million miles, and tractor-trailer combinations for six years,
accumulating 660,000 miles. He holds a Class A CDL from Texas. His
driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Vashion E. Hammond

    Mr. Hammond, 40, has a cataract in his left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/15, and
in his left eye, hand motion. Following an examination in 2019, his
optometrist stated, ``Mr. Hammond meets the visual requirements to
perform the driving tasks required to operate a commercial motor
vehicle.'' Mr. Hammond reported that he has driven straight trucks for
two years, accumulating 140,000 miles, and tractor-trailer combinations
for 12 years, accumulating 840,000 miles. He holds a Class A CDL from
Florida. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.

John M. Harvey

    Mr. Harvey, 31, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/80, and in his left eye, 20/
20. Following an examination in 2018, his optometrist stated, ``Pt. has
4 year history of driving a commercial vehicle and may continue doing
so given today's vision examination findings [sic].'' Mr. Harvey
reported that he has driven straight trucks for four years,
accumulating 64,400 miles, and tractor-trailer combinations for four
years, accumulating 20,000 miles. He holds a Class A CDL from Texas.
His driving record for the last three years shows no crashes and no
convictions for moving violations in a CMV.

Jerry L. Hofer

    Mr. Hofer, 67, has a prosthetic left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/20, and
in his left eye, no light perception. Following an examination in 2019,
his ophthalmologist stated, ``This certifies that the patient has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Hofer reported that he has driven buses for
13 years, accumulating 273,000 miles. He holds a Class B CDL from New
Mexico. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.

Victor H. Lopez-Campa

    Mr. Lopez-Campa, 36, has a prosthetic left eye due to a traumatic
incident in childhood. The visual acuity in his right eye is 20/20, and
in his left eye, no light perception. Following an examination in 2019,
his ophthalmologist stated, ``I see no change in his ocular status or

new issue that would preclude him from continuing to drive as a
commercial vehicle operator.'' Mr. Lopez-Campa reported that he has
driven straight trucks for three years, accumulating 150,000 miles. He
holds an operator's license from Kansas. His driving record for the
last three years shows no crashes and no convictions for moving
violations in a CMV.

Mark A. Schlesselman

    Mr. Schlesselman, 45, has a cataract in his right eye due to a
traumatic incident in 2015. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2018, his optometrist stated, ``In my medical opinion Mark has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Schlesselman reported that he has driven
straight trucks for 15 years, accumulating 375,000 miles, and tractor-
trailer combinations for 25 years, accumulating 2.5 million miles. He
holds a Class A CDL from Ohio. His driving record for the last three
years shows no crashes and no convictions for moving violations in a
CMV.

IV. Request for Comments

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

    Issued on: May 10, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-10708 Filed 5-21-19; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Rules and Regulations]
[Pages 9294-9295]
[FR Doc No: 2021-02745]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2019-0700; FRL-10018-39-Region 5]

Air Plan Approval; Wisconsin; VOC RACT Requirements for
Lithographic Printing Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the Wisconsin
Department of Natural Resources (WDNR or Wisconsin) on December 13,
2019. Wisconsin requests that EPA approve rules related to control of
volatile organic compound (VOC) emissions from offset lithographic
printing operations into Wisconsin's SIP. These revisions include
amendments to the Wisconsin Administrative Code (WAC), Chapter NR 422.
These revisions are approvable because they are consistent with the
latest Control Techniques Guideline (CTG) for Offset Lithographic
Printing and Letterpress Printing, published by EPA in 2006, and such
revisions clarify and streamline the VOC reasonably available control
technology (RACT) requirements for lithographic printing facilities
located in nine counties in Wisconsin (Kenosha, Kewaunee, Manitowoc,
Milwaukee, Ozaukee, Racine, Sheboygan, Washington, and Waukesha). EPA
proposed to approve this action on September 25, 2020 and received no
comments.

DATES: This final rule is effective on March 15, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2019-0700. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Kathleen
Mullen, Environmental Engineer, at<PHONE_NUMBER>, before visiting the
Region 5 office.

FOR FURTHER INFORMATION CONTACT: Kathleen Mullen, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. Background Information

    On September 25, 2020, EPA proposed to approve revisions to
Wisconsin's VOC RACT rules for lithographic printing facilities
contained in the Wisconsin Administrative Code Chapter NR 422, Sections
NR 422.02, 422.142, and 422.143 (85 FR 60413). An explanation of the
Clean Air Act requirements, a detailed analysis of the revisions, and
EPA's reasons for proposing approval were provided in the notice of
proposed rulemaking and will not be restated here. The public comment
period for this proposed rule ended on October 26, 2020. EPA received
no comments on the proposal.

II. Final Action

    EPA is approving revisions to the Wisconsin SIP rules relating to
the control of VOC emissions from offset lithographic printing
operations (WI Admin Code NR 422.02, 422.142, 422.143) submitted on
December 13, 2019. These rules are approvable because they are
consistent with the latest CTG for Offset Lithographic Printing and
Letterpress Printing issued by EPA in 2006, clarify the existing state
VOC RACT requirements for lithographic printing operations located in
nine counties in Wisconsin, and streamline the implementation of these
state rules.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In

accordance with requirements of 1 CFR 51.5, EPA is finalizing the
incorporation by reference of the Wisconsin Regulations described in
the amendments to 40 CFR part 52 set forth below. EPA has made, and
will continue to make, these documents generally available through
www.regulations.gov, and at the EPA Region 5 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because it is not a significant regulatory
action under Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 13, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Volatile organic
compounds.

    Dated: February 3, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. Section 52.2570 is amended by adding paragraph (c)(141) to read as
follows:

Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (141) On December 13, 2019, the Wisconsin Department of Natural
Resources submitted a State Implementation Plan revision request
regarding the state's volatile organic compound (VOC) reasonably
available control technology (RACT) rules for offset lithographic
printing operations. These revisions include amendments to Wisconsin
Administrative Code Chapter NR 422 that are consistent with the latest
CTG issued by EPA in 2006 and clarify and streamline the VOC RACT
requirements for lithographic printing facilities located in nine
counties in Wisconsin (Kenosha, Kewaunee, Manitowoc, Milwaukee,
Ozaukee, Racine, Sheboygan, Washington, and Waukesha).
    (i) Incorporation by reference. Wisconsin Administrative Code NR
422.02 ``Definitions.'', NR 422.142 ``Lithographic Printing--Part 1.'',
and NR 422.143 ``Lithographic Printing--Part 2.'', as published in the
Wisconsin Administrative Register June 2019, No. 762, effective July 1,
2019.
    (ii) [Reserved]

[FR Doc. 2021-02745 Filed 2-11-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 81 (Monday, April 28, 2014)]
[Notices]
[Pages 23393-23395]
[FR Doc No: 2014-09526]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71988; File No. SR-NYSEMKT-2014-34]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Deleting NYSE MKT Rule
343--Equities to Harmonize the NYSE MKT's Rules With Changes by
Financial Industry Regulatory Authority, Inc. to Amend the Uniform
Branch Office Registration Form

April 22, 2014.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on April 11, 2014, NYSE MKT LLC (``Exchange'' or ``NYSE MKT'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the self-regulatory organization. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to delete NYSE MKT Rule 343--Equities to
harmonize the NYSE MKT's rules with changes by Financial Industry
Regulatory Authority, Inc. (``FINRA'') to amend the Uniform Branch
Office Registration Form (``Form BR''). The text of the proposed rule
change is available on the Exchange's Web site at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to delete NYSE MKT Rule 343--Equities to
harmonize the NYSE MKT's rules with changes by FINRA to Form BR.
Background
    On July 30, 2007, FINRA's predecessor, the National Association of
Securities Dealers, Inc. (``NASD''), and NYSE Regulation, Inc.
(``NYSER'') consolidated their member firm regulation operations into a
combined organization, FINRA. Pursuant to Rule 17d-2 under the Act, the
New York Stock Exchange (``NYSE''), NYSER and FINRA entered into an
agreement (the ``Agreement'') to reduce regulatory duplication for
their members by allocating to FINRA certain regulatory
responsibilities for NYSE rules and rule interpretations (``FINRA
Incorporated NYSE Rules''). NYSE MKT LLC (``NYSE MKT'') became a party
to the Agreement effective December 15, 2008.
    As part of its effort to reduce regulatory duplication and relieve
firms that are members of FINRA, the Exchange, and NYSE of conflicting
or unnecessary regulatory burdens, FINRA is now engaged in the process
of reviewing and amending the NASD and FINRA Incorporated NYSE Rules in
order to create a consolidated FINRA rulebook.\4\ FINRA recently
harmonized NASD and FINRA Incorporated NYSE Rules and interpretations
concerning supervision.\5\ FINRA's supervisory rule changes will become
effective on December 1, 2014.\6\
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    \4\ FINRA's rulebook currently has three sets of rules: (1) NASD
Rules, (2) FINRA Incorporated NYSE Rules, and (3) consolidated FINRA
Rules. The FINRA Incorporated NYSE Rules apply only to those members
of FINRA that are also members of the NYSE (``Dual Members''), while
the consolidated FINRA Rules apply to all FINRA members. For more
information about the FINRA rulebook consolidation process, see
FINRA Information Notice, March 12, 2008.
    \5\ See Securities Exchange Act Release No. 71179 (December 23,
2013), 78 FR 79542 (December 30, 2013) (SR-FINRA-2013-025).
    \6\ See FINRA Regulatory Notice 14-10.
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    As part of this filing, FINRA deleted NYSE Rule 343 and its
interpretation.\7\

These provisions set forth certain pre-approval requirements for space
sharing.\8\ As part of the harmonization process, FINRA determined that
a pre-approval process was no longer necessary and instead NASD's
notice filing model would be utilized.
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    \7\ NYSE Rule 343 is virtually identical to NYSE MKT Rule 343--
Equities except for certain technical differences. The Exchange does
not have a separate set of rule interpretations.
    \8\ NYSE MKT Rule 343(a)--Equities provides that, unless
otherwise permitted by the Exchange, an office or foreign
incorporated branch of a member or member organization may not be
occupied jointly with any other broker or dealer, investment
advisor, or other person who conducts a securities or commodities
business with the public. Certain types of office space arrangements
that are deemed permissible are described in the rule. NYSE MKT Rule
343(b)--Equities provides that members and member organizations may
share office space with any person who is not a broker or dealer, an
investment advisor, or who does not conduct a securities or
commodities business with the public. NYSE MKT Rule 343(c)--Equities
provides that, unless otherwise permitted by the Exchange, the main
office of every member organization must remain open for business on
every full business day during the trading hours on the Exchange.
Supplementary Material 343.10--Equities provides additional guidance
relating to office space arrangements.
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    FINRA also recently amended Form BR, which is used by firms to
register their branch offices with FINRA, the Exchange, and
participating states via the Central Registration Depository.\9\ Among
other things, the amendments to Form BR eliminated Section 6, which
incorporates space sharing arrangement questions relating to NYSE MKT
Rule 343--Equities. The changes to Form BR will become effective on
April 7, 2014.\10\
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    \9\ See Securities Exchange Act Release No. 71626 (February 27,
2014), 79 FR 12547 (March 5, 2014) (SR-FINRA-2013-051).
    \10\ See FINRA Regulatory Notice 14-11.
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Proposed Rule Change
    As a result of the proposed changes to Form BR, there will no
longer be a mechanism to collect the information used for the space
sharing pre-approval process under NYSE MKT Rule 343--Equities, and as
such, the Exchange proposes to delete NYSE MKT Rule 343--Equities
effective on the same date that FINRA makes its changes to Form BR
effective, April 7, 2014, rather than the date that the supervisory
rule changes become effective, December 1, 2014. The Exchange notes
that it will be submitting a proposed rule change to harmonize the
remaining NASD and FINRA Incorporated NYSE Rules and interpretations
concerning supervision to coincide with FINRA's December 1, 2014
effective date. The Exchange will announce both effective dates via an
Information Memo.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\11\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\12\ in particular, because it
is designed to promote just and equitable principles of trade and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system. Specifically, the Exchange
believes that the proposed rule change supports the objectives of the
Act by providing greater harmonization between Exchange rules and FINRA
rules and forms of similar purpose, resulting in less burdensome and
more efficient regulatory compliance. In particular, deleting NYSE MKT
Rule 343--Equities would promote just and equitable principles of trade
by harmonizing the Exchange's rules with the Form BR, which is used by
the Commission, SROs, and states.
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not intended to address competitive issues but rather to achieve
greater consistency between the Exchange's rules and Form BR.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
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    \13\ 15 U.S.C. 78s(b)(3)(A)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
    \14\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \15\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\16\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative upon filing. The Commission believes that waiving
the 30-day operative delay is consistent with the protection of
investors and the public interest, as it will harmonize NYSE MKT's
rules with FINRA Rules at the same time that the revised Form BR
becomes operative, thus helping to eliminate confusion regarding broker
obligations.\17\ Therefore, the Commission designates the proposed rule
change to be operative upon filing. At any time within 60 days of the
filing of such proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings under Section 19(b)(2)(B) \18\
of the Act to determine whether the proposed rule change should be
approved or disapproved.
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    \15\ 17 CFR 240.19b-4(f)(6).
    \16\ 17 CFR 240.19b-4(f)(6)(iii).
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \18\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2014-34 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEMKT-2014-34. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing will also be available
for inspection and copying at the NYSE's principal office and on its
Internet Web site at www.nyse.com. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEMKT-2014-34 and should be submitted on or before May
19, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-09526 Filed 4-25-14; 8:45 am]
BILLING CODE 8011-01-P