[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Notices]
[Pages 66778-66779]
[FR Doc No: 2018-27998]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84864; File No. SR-MIAX-2018-38]

Self-Regulatory Organizations: Notice of Filing and Immediate
Effectiveness of a Proposed Rule Change by Miami International
Securities Exchange, LLC To Amend Exchange Rule 510, Minimum Price
Variations and Minimum Trading Increments To Extend the Penny Pilot
Program

December 19, 2018.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on December 13, 2018, Miami International
Securities Exchange, LLC (``MIAX Options'' or the ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') a proposed
rule change as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Rule 510, Minimum Price
Variations and Minimum Trading Increments, Interpretations and Policies
.01 to extend the pilot program for the quoting and trading of certain
options in pennies.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/ at MIAX Options'
principal office, 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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange is a participant in an industry-wide pilot program
that provides for the quoting and trading of certain option classes in
penny increments (the ``Penny Pilot Program'' or ``Program''). The
Penny Pilot Program allows the quoting and trading of certain option
classes in minimum increments of $0.01 for all series in such option
classes with a price of less than $3.00; and in minimum increments of
$0.05 for all series in such option classes with a price of $3.00 or
higher. Options overlying the PowerShares QQQTM (``QQQ''),
SPDR[supreg] S&P 500[supreg] ETF (``SPY''), and iShares[supreg] Russell
2000 ETF (``IWM''), however, are quoted and traded in minimum
increments of $0.01 for all series regardless of the price. The Penny
Pilot Program was initiated at the then existing option exchanges in
January 2007 \3\ and currently includes more than 300 of the most
active option classes. The Penny Pilot Program is currently scheduled
to expire on December 31, 2018.\4\ The purpose of the proposed rule
change is to extend the Penny Pilot Program in its current format
through June 30, 2019.
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    \3\ See Securities Exchange Act Release Nos. 55154 (January 23,
2007), 72 FR 4743 (February 1, 2007) (SR-CBOE-2006-92); 55161
(January 24, 2007), 72 FR 4754 (February 1, 2007) (SR-ISE-2006-62);
54886 (December 6, 2006), 71 FR 74979 (December 13, 2006) (SR-Phlx-
2006-74); 54590 (October 12, 2006), 71 FR 61525 (October 18, 2006)
(SR-NYSEArca-2006-73); and 54741 (November 9, 2006), 71 FR 67176
(November 20, 2006) (SR-Amex-2006-106).
    \4\ See Securities Exchange Act Release No. 83515 (June 25,
2018), 83 FR 30786 (June 29, 2018) (SR-MIAX-2018-12) (extending the
Penny Pilot Program from June 30, 2018 to December 31, 2018).
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    In addition to the extension of the Penny Pilot Program through
June 30, 2019, the Exchange proposes to extend one other date in the
Rule. Currently, Interpretations and Policies .01 states that the
Exchange will replace any Penny Pilot issues that have been delisted
with the next most actively traded multiply listed option classes that
are not yet included in the Penny Pilot Program, and that the
replacement issues will be selected based on trading activity in the
previous six months. Such option classes will be added to the Penny
Pilot Program on the second trading day following July 1, 2018.\5\
Because this date has expired and the Exchange intends to continue this
practice for the duration of the Penny Pilot Program, the Exchange is
proposing to amend the Rule to reflect that such option classes will be
added to the Penny Pilot Program on the second trading day following
January 1, 2019.
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    \5\ The month immediately preceding a replacement class's
addition to the Pilot Program (i.e., December) is not used for
purposes of the six-month analysis. For example, a replacement added
on the second trading day following January 1, 2019, will be
identified based on trading activity from June 1, 2018, through
November 30, 2018.
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    The purpose of this provision is to reflect the new date on which
replacement issues may be added to the Penny Pilot Program.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \6\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \7\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanisms of a free and open market and a national market system and,
in general, to protect investors and the public interest.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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    In particular, the proposed rule change, which extends the Penny
Pilot Program for six months, allows the Exchange to continue to
participate in a program that has been viewed as beneficial to traders,
investors and public customers and viewed as successful by the other
options exchanges participating in it.

B. Self-Regulatory Organization's Statement on Burden on Competition

    MIAX Options 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.
Specifically, the Exchange believes that, by extending the expiration
of the Pilot Program, the proposed rule change will allow for further
analysis of the Penny Pilot Program and a determination of how the
Program should be structured in the future. In doing so, the proposed
rule change will also serve to promote regulatory clarity and
consistency, thereby reducing burdens on the marketplace, facilitating
investor protection, and fostering a competitive environment. In
addition, consistent with previous practices, the Exchange believes the
other options exchanges will be filing similar extensions of the Penny
Pilot Program.

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

    Written comments were neither solicited nor received.

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) of the Act \8\ and Rule 19b-4(f)(6) \9\ thereunder. Because
the foregoing 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 for 30
days after the date of the filing, 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 19(b)(3)(A) of the Act \10\ and Rule 19b-4(f)(6)
\11\ thereunder.
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \12\ normally
does not become operative prior to 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\13\ 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 immediately upon filing. The Commission believes
that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest because doing so will
allow the Pilot Program to continue without interruption in a manner
that is consistent with the Commission's prior approval of the
extension and expansion of the Pilot Program.\14\ Accordingly, the
Commission designates the proposed rule change as operative upon filing
with the Commission.\15\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ See Securities Exchange Release No. 61061 (November 24,
2009), 74 FR 62857 (December 1, 2009) (SR-NYSEArca-2009-44).
    \15\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the 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 to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MIAX-2018-38 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-MIAX-2018-38. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549-1090, on official business days between the hours of 10:00 a.m.
and 3:00 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-MIAX-2018-38 and should be
submitted on or before January 17, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2018-27998 Filed 12-26-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Proposed Rules]
[Pages 48010-48011]
[FR Doc No: 2017-22233]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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

========================================================================

Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0949; Airspace Docket No. 17-ACE-11]

Proposed Amendment of Class E Airspace; Charles City, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify Class E airspace extending
upward from 700 feet above the surface at Northeast Iowa Regional
Airport, Charles City, IA. The FAA is proposing this action due to the
cancellation of the instrument approach procedures associated with the
decommissioned Charles City non-directional radio beacon (NDB).
Additionally, the name of the airport would be updated to coincide with
the FAA's aeronautical database. This action would enhance the safety
and management of instrument flight rules (IFR) operations at this
airport.

DATES: Comments must be received on or before November 30, 2017.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2017-0949; Airspace Docket No. 17-ACE-11 at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except federal holidays.
    FAA Order 7400.11B, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend Class E airspace extending upward from 700 feet above
the surface at Northeast Iowa Regional Airport, Charles City, IA, to
support IFR operations at this airport.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2017-0949/
Airspace Docket No. 17-ACE-11.'' The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at  http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Federal Aviation Administration, Air Traffic
Organization, Central Service Center, Operations Support Group, 10101
Hillwood Parkway, Fort Worth, TX 76177.

Availability and Summary of Documents Proposed for Incorporation by
Reference

    This document proposes to amend FAA Order 7400.11B, Airspace
Designations and Reporting Points, dated August 3, 2017, and effective
September 15, 2017. FAA Order 7400.11B is publicly available as listed
in the ADDRESSES section of this

document. FAA Order 7400.11B lists Class A, B, C, D, and E airspace
areas, air traffic service routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 by modifying the Class E airspace
extending upward from 700 feet above the surface to within a 6.4-mile
radius (reduced from a 7-mile radius) of Northeast Iowa Regional
Airport (previously Charles City Municipal Airport), Charles City, IA,
and updating the name of the airport to coincide with the FAA's
aeronautical database.
    Airspace reconfiguration is necessary due to cancellation of the
instrument approach procedures associated with the decommissioned
Charles City NDB, and to bring the airspace in compliance with FAA
Order 7400.2L, Procedures for Handling Airspace Matters. Controlled
airspace is necessary for the safety and management of standard
instrument approach procedures for IFR operations at this airport.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11B, dated August 3, 2017, and effective September 15,
2017, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
 2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.11B, Airspace Designations and Reporting Points, dated August 3,
2017, and effective September 15, 2017, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ACE IA E5 Charles City, IA [Amended]

Northeast Iowa Regional Airport, IA
    (lat. 43[deg]04'21'' N., long. 92[deg]36'39'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Northeast Iowa Regional Airport.

    Issued in Fort Worth, Texas, on October 5, 2017.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2017-22233 Filed 10-13-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Page 82132]
[FR Doc No: 2010-32875]

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

ITS Joint Program Office; Human Factors for IntelliDrive \SM\
(HFID); Public Meeting; Notice of Public Meeting

AGENCY: Research and Innovative Technology Administration, U.S.
Department of Transportation.

ACTION: Notice.

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    The U.S. Department of Transportation ITS Joint Program Office (ITS
JPO) and the National Highway Transportation Safety Administration
(NHTSA) will host a free public meeting to discuss the Human Factors
for IntelliDrive (HFID) program on January 6, 2011 from 10 a.m. to 5:30
p.m. at the Flamingo Las Vegas, 3555 Las Vegas Boulevard South Las
Vegas, Nevada 89109.
    IntelliDrive is a research program under development that will
allow vehicles to communicate wirelessly with other vehicles and the
surrounding infrastructure, such as traffic signals and work zones. The
program has the potential to significantly reduce vehicle crashes,
enhance mobility and improve the environment. One of the supporting
research programs is Human Factors for IntelliDrive (HFID), a program
aimed at understanding the effects of providing drivers with critical
safety warning messages. The vision of the HFID research is to address
the number of new, competing visual and audible stimuli that put
demands on a driver's attention. The goal of the program is to develop
guidelines to ensure future IntelliDrive interfaces are effective
without increasing distraction. The HFID program will support all of
the IntelliDrive applications--safety, mobility, and sustainability--
for multiple vehicle types to include: passenger vehicles, passenger
transit vehicles, and heavy trucks.
    At this meeting, ITS JPO and NHTSA will provide an overview of the
entire Human Factors for IntelliDrive program, including Vehicle to
Vehicle (V2V) communication and Vehicle to Infrastructure (V2I)
communication, heavy truck-related research, and environmental research
related IntelliDrive. The presenters will also cover each of the five
HFID research tracks and then lead a discussion to facilitate the
exchange of ideas with stakeholders. The feedback obtained during the
meeting will be considered for the current program and future HFID
projects.
    Registration will be available on-site. For additional questions,
please contact Nicole Oliphant at<EMAIL_ADDRESS>or<PHONE_NUMBER>.

    Issued in Washington, DC, on the 22nd day of December 2010.
John Augustine,
Managing Director, ITS Joint Program Office.
[FR Doc. 2010-32875 Filed 12-28-10; 8:45 am]
BILLING CODE 4910-HY-P


[Federal Register Volume 86, Number 50 (Wednesday, March 17, 2021)]
[Notices]
[Pages 14668-14670]
[FR Doc No: 2021-05489]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0154; FMCSA-2013-0121; FMCSA-2013-0124; FMCSA-
2014-0102; FMCSA-2014-0103; FMCSA-2014-0104; FMCSA-2014-0106; FMCSA-
2014-0107; FMCSA-2018-0135; FMCSA-2018-0136; FMCSA-2018-0137]

Qualification of Drivers; Exemption Applications; Hearing

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

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

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SUMMARY: FMCSA announces its decision to renew exemptions for 27
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates provided
below. Comments must be received on or before April 16, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0154, Docket No. FMCSA-
2013-0121, Docket No. FMCSA-2013-0124, Docket No. FMCSA-2014-0102,
Docket No. FMCSA-2014-0103, Docket No. FMCSA-2014-0104, Docket No.
FMCSA-2014-0106, Docket No. FMCSA-2014-0107, Docket No. FMCSA-2018-
0135, Docket No. FMCSA-2018-0136, or Docket No. FMCSA-2018-0137 using
any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/, insert the docket number, FMCSA-2012-0154, FMCSA-
2013-0121, FMCSA-2013-0124, FMCSA-2014-0102, FMCSA-2014-0103, FMCSA-
2014-0104, FMCSA-2014-0106, FMCSA-2014-0107, FMCSA-2018-0135, FMCSA-
2018-0136, or FMCSA-2018-0137 in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click on the ``Comment'' button. Follow the online
instructions for submitting comments.
     Mail: Dockets Operations; 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:<PHONE_NUMBER>.
    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 from 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 Dockets Operations,<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-2012-0154, Docket No. FMCSA-2013-0121, Docket
No. FMCSA-2013-0124, Docket No. FMCSA-2014-0102, Docket No. FMCSA-2014-
0103, Docket No. FMCSA-2014-0104, Docket No. FMCSA-2014-0106, Docket
No. FMCSA-2014-0107, Docket No. FMCSA-2018-0135, Docket No. FMCSA-2018-
0136, or Docket No. FMCSA-2018-0137), 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/,
insert the docket number, FMCSA-2012-0154, FMCSA-2013-0121, FMCSA-2013-
0124, FMCSA-2014-0102, FMCSA-2014-0103, FMCSA-2014-0104, FMCSA-2014-
0106, FMCSA-2014-0107, FMCSA-2018-0135, FMCSA-2018-0136, or FMCSA-2018-
0137 in the keyword box, and click ``Search.'' Next, sort the results
by ``Posted (Newer-Older),'' choose the first notice 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.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Comments

    To view comments go to http://www.regulations.gov. Insert the
docket number, FMCSA-2012-0154, FMCSA-2013-0121, FMCSA-2013-0124,
FMCSA-2014-0102, FMCSA-2014-0103, FMCSA-2014-0104, FMCSA-2014-0106,
FMCSA-2014-0107, FMCSA-2018-0135, FMCSA-2018-0136, or FMCSA-2018-0137
in the keyword box, and click ``Search.'' Next, sort the results by
``Posted (Newer-Older),'' choose the first notice listed, and click
``Browse Comments.'' If you do not have access to the internet, you may
view the docket online by visiting Dockets Operations in Room W12-140
on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, 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 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.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-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 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding hearing
found in 49 CFR 391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5-1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971).
    The 27 individuals listed in this notice have requested renewal of
their exemptions from the hearing standard in Sec.  391.41(b)(11), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 27
applicants has satisfied the renewal conditions for obtaining an
exemption from the hearing requirement. The 27 drivers in this notice
remain in good standing with the Agency. In addition, for Commercial
Driver's License (CDL) holders, the Commercial Driver's License
Information System and the Motor Carrier Management Information System
are searched for crash and violation data. For non-CDL holders, the
Agency reviews the driving records from the State Driver's Licensing
Agency. These factors provide an adequate basis for predicting each
driver's ability to continue to safely operate a CMV in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each of these drivers for a period of 2 years is likely to achieve a
level of safety equal to that existing without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of March and
are discussed below. As of March 3, 2021, and in accordance with 49
U.S.C. 31136(e) and 31315(b), the following nine individuals have
satisfied the renewal conditions for obtaining an exemption from the
hearing requirement in the FMCSRs for interstate CMV drivers:

Kevin Beacham (MD)
Joseph Conversa (IL)
Tyjuan Davis (VA)
Scott Friede (NE)
Kimothy McLeod (GA)
Dustin Miller (MI)
Brandon Veronie (LA)
Charles Whitworth (LA)
Anthony Witcher (MI)

    The drivers were included in docket number FMCSA-2012-0154, FMCSA-
2014-0103, FMCSA-2014-0106, FMCSA-2018-0135, or FMCSA-2018-0136. Their
exemptions were applicable as of March 3, 2021, and will expire on
March 3, 2023.
    As of March 10, 2021, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
    David Helgerson (WI) and Susan Helgerson (WI).
    The drivers were included in docket number FMCSA-2013-0124. Their
exemptions are applicable as of March 10, 2021, and will expire on
March 10, 2023.
    As of March 13, 2021, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:
    John Huey (AZ); Jared Katakura (HI); and Scott Putman (TX).
    The drivers were included in docket number FMCSA-2014-0103 or
FMCSA-2014-0107. Their exemptions are applicable as of March 13, 2021,
and will expire on March 13, 2023.
    As of March 19, 2021, and in accordance with 49 U.S.C. 31136(e) and
31315(b), Victor Morales-Contreras (TX) has satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers.
    This driver was included in docket number FMCSA-2014-0106. The
exemption is applicable as of March 19, 2021, and will expire on March
19, 2023.
    As of March 22, 2021, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following five individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

William Britt, Jr. (TN)
Robert Hefner (SC)
Patrick Johnson (MI)
Lawrence Lam (CA)
Phillip Shook, Jr. (MS)

    The drivers were included in docket number FMCSA-2018-0137. Their
exemptions are applicable as of March 22, 2021, and will expire on
March 22, 2023.
    As of March 29, 2021, and in accordance with 49 U.S.C. 31136(e) and
31315(b), the following seven individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers:

Richard Boggs (OH)
Jeremy Brandyberry (NE)
Kenneth Harris (TX)
Joseph Kelly (PA)
Timothy Laporte (NY)
Brandon Londo (TX)
Jesse Shelander (TX)

    The drivers were included in docket number FMCSA-2013-0124, FMCSA-
2014-0102, FMCSA-2014-0103, FMCSA-2014-0104, or FMCSA-2014-0106. Their
exemptions are applicable as of March 29, 2021, and will expire on
March 29, 2023.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must report any crashes or accidents as defined in
Sec.  390.5; and (2)

report all citations and convictions for disqualifying offenses under
49 CFR 383 and 49 CFR 391 to FMCSA; and (3) each driver prohibited from
operating a motorcoach or bus with passengers in interstate commerce.
The driver must also have a copy of the exemption when driving, for
presentation to a duly authorized Federal, State, or local enforcement
official. In addition, the exemption does not exempt the individual
from meeting the applicable CDL testing requirements. Each exemption
will be valid for 2 years unless rescinded earlier by FMCSA. The
exemption will be rescinded if: (1) The person fails to comply with the
terms and conditions of the exemption; (2) the exemption has resulted
in a lower level of safety than was maintained before it was granted;
or (3) continuation of the exemption would not be consistent with the
goals and objectives of 49 U.S.C. 31136(e) and 31315(b).

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.

VII. Conclusion

    Based upon its evaluation of the 27 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the hearing
requirement in Sec.  391.41(b)(11). In accordance with 49 U.S.C.
31136(e) and 31315(b), each exemption will be valid for two years
unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-05489 Filed 3-16-21; 8:45 am]
BILLING CODE 4910-EX-P