[Federal Register Volume 84, Number 35 (Thursday, February 21, 2019)]
[Notices]
[Pages 5554-5557]
[FR Doc No: 2019-02965]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-7006; FMCSA-2000-7165; FMCSA-2000-7363; FMCSA-
2000-7918; FMCSA-2000-8398; FMCSA-2002-13411; FMCSA-2004-17984; FMCSA-
2004-18885; FMCSA-2004-19477; FMCSA-2006-24015; FMCSA-2006-24783;
FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0174; FMCSA-2008-0266;
FMCSA-2008-0292; FMCSA-2008-0340; FMCSA-2009-0291; FMCSA-2010-0114;
FMCSA-2010-0201; FMCSA-2010-0354; FMCSA-2010-0385; FMCSA-2011-0124;
FMCSA-2012-0279; FMCSA-2012-0280; FMCSA-2014-0004; FMCSA-2014-0010;
FMCSA-2014-0296; FMCSA-2014-0298; FMCSA-2014-0300; FMCSA-2014-0301;
FMCSA-2016-0029; FMCSA-2016-0208]

Qualification of Drivers; Exemption Applications; Vision

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

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

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

SUMMARY: FMCSA announces its decision to renew exemptions for 61
individuals from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to continue to
operate CMVs in interstate commerce without meeting the vision
requirements in one eye.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before March 25,
2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2000-7006; FMCSA-2000-7165;
FMCSA-2000-7363; FMCSA-2000-7918; FMCSA-2000-8398; FMCSA-2002-13411;
FMCSA-2004-17984; FMCSA-2004-18885; FMCSA-2004-19477; FMCSA-2006-24015;
FMCSA-2006-24783; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0174;
FMCSA-2008-0266; FMCSA-2008-0292; FMCSA-2008-0340; FMCSA-2009-0291;
FMCSA-2010-0114; FMCSA-2010-0201; FMCSA-2010-0354; FMCSA-2010-0385;
FMCSA-2011-0124; FMCSA-2012-0279; FMCSA-2012-0280; FMCSA-2014-0004;
FMCSA-2014-0010; FMCSA-2014-0296; FMCSA-2014-0298; FMCSA-2014-0300;
FMCSA-2014-0301; FMCSA-2016-0029; FMCSA-2016-0208 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 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 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-2000-7006; FMCSA-2000-7165; FMCSA-2000-7363;
FMCSA-2000-7918; FMCSA-2000-8398; FMCSA-2002-13411; FMCSA-2004-17984;
FMCSA-2004-18885; FMCSA-2004-19477; FMCSA-2006-24015; FMCSA-2006-24783;
FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0174; FMCSA-2008-0266;
FMCSA-2008-0292; FMCSA-2008-0340; FMCSA-2009-

0291; FMCSA-2010-0114; FMCSA-2010-0201; FMCSA-2010-0354; FMCSA-2010-
0385; FMCSA-2011-0124; FMCSA-2012-0279; FMCSA-2012-0280; FMCSA-2014-
0004; FMCSA-2014-0010; FMCSA-2014-0296; FMCSA-2014-0298; FMCSA-2014-
0300; FMCSA-2014-0301; FMCSA-2016-0029; FMCSA-2016-0208), 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-2000-7006; FMCSA-2000-7165; FMCSA-2000-
7363; FMCSA-2000-7918; FMCSA-2000-8398; FMCSA-2002-13411; FMCSA-2004-
17984; FMCSA-2004-18885; FMCSA-2004-19477; FMCSA-2006-24015; FMCSA-
2006-24783; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0174; FMCSA-
2008-0266; FMCSA-2008-0292; FMCSA-2008-0340; FMCSA-2009-0291; FMCSA-
2010-0114; FMCSA-2010-0201; FMCSA-2010-0354; FMCSA-2010-0385; FMCSA-
2011-0124; FMCSA-2012-0279; FMCSA-2012-0280; FMCSA-2014-0004; FMCSA-
2014-0010; FMCSA-2014-0296; FMCSA-2014-0298; FMCSA-2014-0300; FMCSA-
2014-0301; FMCSA-2016-0029; FMCSA-2016-0208, 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-2000-7006; FMCSA-2000-7165; FMCSA-2000-
7363; FMCSA-2000-7918; FMCSA-2000-8398; FMCSA-2002-13411; FMCSA-2004-
17984; FMCSA-2004-18885; FMCSA-2004-19477; FMCSA-2006-24015; FMCSA-
2006-24783; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0174; FMCSA-
2008-0266; FMCSA-2008-0292; FMCSA-2008-0340; FMCSA-2009-0291; FMCSA-
2010-0114; FMCSA-2010-0201; FMCSA-2010-0354; FMCSA-2010-0385; FMCSA-
2011-0124; FMCSA-2012-0279; FMCSA-2012-0280; FMCSA-2014-0004; FMCSA-
2014-0010; FMCSA-2014-0296; FMCSA-2014-0298; FMCSA-2014-0300; FMCSA-
2014-0301; FMCSA-2016-0029; FMCSA-2016-0208, 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
for five years if it finds that 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 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 a 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 red,
green, and amber.
    The 61 individuals listed in this notice have requested renewal of
their exemptions from the vision standard in 49 CFR 391.41(b)(10), 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 two-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, FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than five years from its approval date and may be renewed upon
application. FMCSA grants exemptions from the vision standard for a
two-year period to align with the maximum duration of a driver's
medical certification. In accordance with 49 U.S.C. 31136(e) and 31315,
each of the 61 applicants has satisfied the renewal conditions for
obtaining an exemption from the vision standard (see 65 FR 20245; 65 FR
33406; 65 FR 45817; 65 FR 57230; 65 FR 66286; 65 FR 77066; 65 FR 78256;
66 FR 13825; 66 FR 16311; 67 FR 57266; 67 FR 71610; 67 FR 76439; 68 FR
10298; 68 FR 10300; 68 FR 13360; 69 FR 33997; 69 FR 53493; 69 FR 61292;
69 FR 62741; 69 FR 64806; 69 FR 64810; 70 FR 2705; 70 FR 7545; 70 FR
7546; 70 FR 12265; 71 FR 14566; 71 FR 30227; 71 FR 32183; 71 FR 41310;
71 FR 55820; 71 FR 62147; 71 FR 63379; 71 FR 63380; 71 FR 66217; 72 FR
180; 72 FR 1050; 72 FR 1051; 72 FR 1056; 72 FR 7111; 72 FR 7812; 72 FR
9397; 72 FR 11426; 73 FR 27014; 73 FR 38497; 73 FR 48271; 73 FR 51689;
73 FR 60398; 73 FR 61922; 73 FR 61925; 73 FR 63047; 73 FR 74563; 73 FR
74565; 73 FR 75803; 73 FR 75806; 73 FR 76439; 73 FR 78423; 74 FR 981;
74 FR 6209; 74 FR 6211; 74 FR 6212; 74 FR 6689; 74 FR 8302; 74 FR
65842; 75 FR 9478; 75 FR 34211; 75 FR

44050; 75 FR 47888; 75 FR 54958; 75 FR 59327; 75 FR 66423; 75 FR 70078;
75 FR 72863; 75 FR 77492; 75 FR 77942; 75 FR 77949; 75 FR 79079; 75 FR
79083; 75 FR 79084; 76 FR 2190; 76 FR 4413; 76 FR 4414; 76 FR 5425; 76
FR 9859; 76 FR 9861; 76 FR 9865; 76 FR 11215; 76 FR 34136; 76 FR 55463;
77 FR 13689; 77 FR 40945; 77 FR 60008; 77 FR 60010; 77 FR 64839; 77 FR
68199; 77 FR 68200; 77 FR 68202; 77 FR 71671; 77 FR 74273; 77 FR 74734;
77 FR 75494; 77 FR 75496; 77 FR 76166; 78 FR 800; 78 FR 8689; 78 FR
10250; 78 FR 11731; 78 FR 12813; 78 FR 12822; 78 FR 14410; 79 FR 14331;
79 FR 18392; 79 FR 29498; 79 FR 40945; 79 FR 51643; 79 FR 58856; 79 FR
59357; 79 FR 64001; 79 FR 65759; 79 FR 65760; 79 FR 68199; 79 FR 69985;
79 FR 72754; 79 FR 73393; 79 FR 73686; 79 FR 73687; 79 FR 74169; 80 FR
603; 80 FR 2473; 80 FR 3723; 80 FR 6162; 80 FR 7678; 80 FR 7679; 80 FR
8751; 80 FR 8927; 80 FR 15859; 80 FR 18693; 80 FR 20562; 81 FR 42054;
81 FR 70253; 81 FR 71173; 81 FR 90050; 81 FR 96165; 81 FR 96180; 81 FR
96191; 82 FR 13043; 82 FR 13048). They have submitted evidence showing
that the vision in the better eye continues to meet the requirement
specified at 49 CFR 391.41(b)(10) and that the vision impairment is
stable. In addition, a review of each record of safety while driving
with the respective vision deficiencies over the past two years
indicates each applicant continues to meet the vision exemption
requirements. These factors provide an adequate basis for predicting
each driver's ability to continue to drive safely in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each renewal applicant for a period of two 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, the following
groups of drivers received renewed exemptions in the month of March and
are discussed below. As of March 1, 2019, and in accordance with 49
U.S.C. 31136(e) and 31315, the following 39 individuals have satisfied
the renewal conditions for obtaining an exemption from the vision
requirement in the FMCSRs for interstate CMV drivers (65 FR 20245; 65
FR 33406; 65 FR 57230; 67 FR 57266; 69 FR 33997; 69 FR 53493; 69 FR
61292; 69 FR 62741; 69 FR 64806; 69 FR 64810; 70 FR 2705; 71 FR 32183;
71 FR 41310; 71 FR 55820; 71 FR 62147; 71 FR 63379; 71 FR 63380; 71 FR
66217; 72 FR 180; 72 FR 1050; 72 FR 1051; 72 FR 1056; 72 FR 9397; 73 FR
38497; 73 FR 48271; 73 FR 60398; 73 FR 61922; 73 FR 61925; 73 FR 74563;
73 FR 74565; 73 FR 75803; 73 FR 75806; 73 FR 76439; 73 FR 78423; 74 FR
981; 74 FR 6209; 74 FR 6211; 74 FR 65842; 75 FR 9478; 75 FR 34211; 75
FR 44050; 75 FR 47888; 75 FR 54958; 75 FR 59327; 75 FR 66423; 75 FR
70078; 75 FR 72863; 75 FR 77492; 75 FR 77949; 75 FR 79079; 75 FR 79083;
75 FR 79084; 76 FR 2190; 76 FR 4413; 76 FR 4414; 76 FR 5425; 76 FR
9865; 76 FR 34136; 76 FR 55463; 77 FR 13689; 77 FR 40945; 77 FR 60008;
77 FR 60010; 77 FR 64839; 77 FR 68199; 77 FR 68200; 77 FR 68202; 77 FR
71671; 77 FR 74273; 77 FR 74734; 77 FR 75494; 77 FR 75496; 77 FR 76166;
78 FR 800; 78 FR 11731; 78 FR 12813; 79 FR 14331; 79 FR 18392; 79 FR
29498; 79 FR 40945; 79 FR 51643; 79 FR 58856; 79 FR 59357; 79 FR 64001;
79 FR 65759; 79 FR 65760; 79 FR 68199; 79 FR 69985; 79 FR 72754; 79 FR
73393; 79 FR 73686; 79 FR 73687; 79 FR 74169; 80 FR 603; 80 FR 2473; 80
FR 3723; 80 FR 8751; 80 FR 8927; 80 FR 18693; 81 FR 42054; 81 FR 70253;
81 FR 71173; 81 FR 90050; 81 FR 96165; 81 FR 96180; 81 FR 96191; 82 FR
13043; 82 FR 13048):

Charles H. Akers, Jr. (VA)
Gerald D. Bowser (PA)
William L. Brady (KS)
Donald O. Clopton (AL)
Thomas A. Crowell (NC)
Ivory Davis (MD)
William W.R. Dunn (PA)
Jevont D. Fells (AL)
Barry J. Ferdinando (NH)
Raymundo Flores (TX)
Rici W. Giesseman (OH)
Harlan L. Gunter (VA)
Thomas H. Gysbers (WI)
David M. Hagadorn (NJ)
William J. Hall (WA)
Guadalupe J. Hernandez (IN)
Kenneth Liuzza (LA)
Kenny Y. Louie (CA)
John T. Mabry (FL)
David S. Matheny (WA)
Tom A. McCarty (NM)
Timothy R. McCullough (FL)
Timothy L. Miller (IA)
Norman Mullins (OH)
Neville E. Owens (NC)
Jeffrey S. Pennell (VT)
Leonardo Polonski (MA)
Don C. Powell (NY)
Myriam Rodriguez (CA)
Lynn R. Schraeder (IA)
David W. Skillman (WA)
Randall S. Surber (WV)
Jeffrey L. Tanner (WY)
Ricky L. Watts (FL)
Patricia A. White (IL)
Steven E. Williams (GA)
Olen L. Williams, Jr. (TN)
Michael T. Wimber (MT)
Rick A. Young (IN)

    The drivers were included in docket numbers FMCSA-2000-7006; FMCSA-
2000-7165; FMCSA-2004-17984; FMCSA-2004-18885; FMCSA-2004-19477; FMCSA-
2006-24783; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0174; FMCSA-
2008-0292; FMCSA-2008-0340; FMCSA-2009-0291; FMCSA-2010-0114; FMCSA-
2010-0201; FMCSA-2010-0354; FMCSA-2010-0385; FMCSA-2011-0124; FMCSA-
2012-0279; FMCSA-2012-0280; FMCSA-2014-0004; FMCSA-2014-0010; FMCSA-
2014-0296; FMCSA-2014-0298; FMCSA-2014-0300; FMCSA-2016-0029; FMCSA-
2016-0208. Their exemptions are applicable as of March 1, 2019, and
will expire on March 1, 2021.
    As of March 4, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (65 FR 45817; 65 FR 77066; 67 FR
71610; 67 FR 76439; 68 FR 10298; 70 FR 7545; 72 FR 7812; 74 FR 6689; 76
FR 9859; 78 FR 8689; 80 FR 7678; 82 FR 13043):

Harry P. Henning (PA); Christopher L. Humphries (TX); and Ralph J.
Miles (OR)

    The drivers were included in docket numbers FMCSA-2000-7363; FMCSA-
2002-13411. Their exemptions are applicable as of March 4, 2019, and
will expire on March 4, 2021.
    As of March 7, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following nine individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (65 FR 66286; 66 FR 13825; 68 FR
10300; 70 FR 7546; 72 FR 7111; 74 FR 6212; 76 FR 9861; 78 FR 10250; 80
FR 6162; 80 FR 7679; 80 FR 20562; 82 FR 13043):

Jason P. Atwater (UT)
Steven D. Ellsworth (IL)
Abdalla M. Jalili (IL)
Alan L. Johnston (IL)
Richard A. Pierce (MO)
Rance A. Powell (AL)
Richard P. Rebel (ND)
Mustafa Shahadeh (OH)
Charles P. Smith (MO)

    The drivers were included in docket numbers FMCSA-2000-7918; FMCSA-
2014-0301. Their exemptions are applicable as of March 7, 2019, and
will expire on March 7, 2021.
    As of March 23, 2019, and in accordance with 49 U.S.C. 31136(e) and
31315, the following ten individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (65 FR 66286; 65

FR 78256; 66 FR 13825; 66 FR 16311; 67 FR 76439; 68 FR 10298; 68 FR
13360; 70 FR 7545; 70 FR 12265; 71 FR 14566; 71 FR 30227; 72 FR 7812;
72 FR 11426; 73 FR 27014; 73 FR 51689; 73 FR 63047; 73 FR 75803; 74 FR
6209; 74 FR 6689; 74 FR 8302; 75 FR 77942; 75 FR 77949; 76 FR 4413; 76
FR 5425; 76 FR 9859; 76 FR 9861; 76 FR 11215; 78 FR 8689; 78 FR 12822;
78 FR 14410; 80 FR 15859; 82 FR 13043):

Howard K. Bradley (VA)
Willie Burnett, Jr. (FL)
Marcus L. Conner (TX)
Thomas G. Danclovic (MO)
Donald K. Driscoll (MA)
William G. Holland (AR)
Thomas F. Marczewski (WI)
Steve A. Reece (TN)
Jeremichael Steele (NC)
Wade D. Taylor (MO)

    The drivers were included in docket numbers FMCSA-2000-7918; FMCSA-
2000-8398; FMCSA-2002-13411; FMCSA-2006-24015; FMCSA-2008-0266; FMCSA-
2008-0340; FMCSA-2010-0385. Their exemptions are applicable as of March
23, 2019, and will expire on March 23, 2021.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must undergo an annual physical examination (a) by an
ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a certified Medical Examiner, as defined by 49 CFR 390.5,
who attests that the driver is otherwise physically qualified under 49
CFR 391.41; (2) each driver must provide a copy of the
ophthalmologist's or optometrist's report to the Medical Examiner at
the time of the annual medical examination; and (3) each driver must
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file or keep a copy of his/her
driver's qualification if he/her is self- employed. The driver must
also have a copy of the exemption when driving, for presentation to a
duly authorized Federal, State, or local enforcement official. 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.

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.

VI. Conclusion

    Based upon its evaluation of the 61 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the vision
requirement in 49 CFR 391.41(b)(10), subject to the requirements cited
above. In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for two years unless revoked earlier by FMCSA.

    Issued on: February 13, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-02965 Filed 2-20-19; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 228 (Tuesday, November 27, 2012)]
[Rules and Regulations]
[Pages 70684-70686]
[FR Doc No: 2012-28693]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR PART 165

[Docket No. USCG-2012-0904]
RIN 1625-AA00

Safety Zone; Bridge Demolition Project; Indiana Harbor Canal,
East Chicago, IN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Indiana Harbor Canal in East Chicago, Indiana. This safety zone is
intended to restrict vessels from a portion of the Indiana Harbor Canal
due to the demolition Project on the Cline Avenue Bridge. This
temporary safety zone is necessary to protect the surrounding public
and vessels from the hazards associated with the demolition project.

DATES: This rule is effective from 6:00 a.m. until 9:00 a.m. on
December 1, 2012. This rule will be enforced between 6:00 a.m. until
9:00 a.m. on December 1, 2012.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2012-0904 and are available online
by going to www.regulations.gov, inserting USCG-2012-0904 in the
``Keyword'' box, and then clicking ``search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard
Sector Lake Michigan, at<PHONE_NUMBER> or<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The final details for this event were
not known to the Coast Guard until there was insufficient time
remaining before the event to publish an NPRM. Thus, delaying the
effective date of this rule to wait for a comment period to run would
be both impracticable and contrary to the public interest because it
would inhibit the Coast Guard's ability to protect vessels from the
hazards associated with the demolition project on the Cline Avenue
bridge, which are discussed further below.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for

making this rule effective less than 30 days after publication in the
Federal Register. For the same reasons discussed in the preceding
paragraph, waiting for a 30 day notice period to run would be
impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and limited access areas: 33
U.S.C. 1231; 46 U.S.C. chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    On December 1, 2012, Walsh Construction Company will be conducting
demolition on portions of the Cline Avenue bridge in East Chicago, IN.
The Captain of the Port, Sector Lake Michigan, has determined that this
demolition project will pose a significant risk to public safety and
property. Such hazards include loss of life and property in the
proximity of explosives, and collisions among vessels and contractors
involved in the demolition project.
    The Coast Guard had established the same safety zone for November 3
and 10, 2012. However, the Construction Company informed the Coast
Guard that their planned demolition date must be changed due to the
discovery of embedded steel beams found in two of the bridge's piers.
This discovery required a change in how the demolition will be
prepared. Considering the delicate nature of explosive work on a
transportation structure, this rule was written in order to accommodate
the Construction Company's need to properly prepare the bridge for
demolition.

C. Discussion of Rule

    With the aforementioned hazards in mind, the Captain of the Port,
Sector Lake Michigan, has determined that this temporary safety zone is
necessary to ensure the safety of persons and vessels during the
demolition project on the Cline Avenue bridge. This zone will be
effective from 6:00 a.m. until 9:00 a.m. on December 1, 2012. This zone
will be enforced between 6:00 a.m. until 9:00 a.m. on December 1, 2012.
    The safety zone will encompass all waters of the Indiana Harbor
Canal in the vicinity of the Cline Avenue Bridge at approximate
position 41[deg]39[min]4.3[sec] N and 87[deg]27[min]54.3[sec] W (NAD
83).
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Sector Lake
Michigan, or his designated on-scene representative. The Captain of the
Port or his designated on-scene representative may be contacted via VHF
Channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

 1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this rule is
not a significant regulatory action because we anticipate that it will
have minimal impact on the economy, will not interfere with other
agencies, will not adversely alter the budget of any grant or loan
recipients, and will not raise any novel legal or policy issues. The
safety zone created by this rule will be small and enforced for only
three hours on one day. Under certain conditions, moreover, vessels may
still transit through the safety zone when permitted by the Captain of
the Port.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of Indiana Harbor Canal on December 1,
2012.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone would be activated, and thus subject to enforcement, for
only three hours on one day. Traffic may be allowed to pass through the
zone with the permission of the Captain of the Port. The Captain of the
Port can be reached via VHF channel 16. Before the activation of the
zone, we will issue local Broadcast Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure,

we do discuss the effects of this rule elsewhere in this preamble.

7. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

8. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

9. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

10. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

11. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

12. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for Part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0904 to read as follows:

Sec.  165.T09-0904  Safety Zone; Bridge Demolition Project, Indiana
Harbor Canal, East Chicago, Indiana.

    (a) Location. The safety zone will encompass all waters of the
Indiana Harbor Canal in the vicinity of the Cline Avenue Bridge at
approximate position 41[deg]39[min]4.3[sec] N and
87[deg]27[min]54.3[sec] W (NAD 83).
    (b) Effective and Enforcement Period. This rule is effective
between 6:00 a.m. until 9:00 a.m. on December 1, 2012. This rule will
be enforced between 6:00 a.m. until 9:00 a.m. on December 1, 2012.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port, Sector Lake Michigan or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Lake Michigan or his
designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port,
Sector Lake Michigan is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sector Lake
Michigan to act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Lake Michigan or his
on-scene representative to obtain permission to do so. The Captain of
the Port, Sector Lake Michigan or his on-scene representative may be
contacted via VHF Channel 16. Vessel operators given permission to
enter or operate in the safety zone must comply with all directions
given to them by the Captain of the Port, Sector Lake Michigan, or his
on-scene representative.

    Dated: November 15, 2012.
M.W. Sibley,
Captain, U. S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2012-28693 Filed 11-26-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 6, 2010 (Volume 75, Number 193)]
[Notices]
[Page 61795-61797]
[DOCID:fr06oc10-148]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63017; File No. SR-ISE-2010-95]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Amending Rule 717

September 29, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 21, 2010, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') 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 Exchange. The Exchange has filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend to amend [sic] ISE Rule 717
(Limitations on Orders) to eliminate some of its restrictions. The text
of the proposed rule change is available on the Exchange's Web site
http://www.ise.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 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 self-regulatory organization 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 proposing to amend Rule 717(b) in order to
eliminate some of its restrictions. First, Rule 717(b) currently
provides that an Electronic Access Member (``EAM''), acting either as
principal or agent, may not enter orders in the same options series,
for the account or accounts of the same or related beneficial owner(s),
in such a manner that the EAM or the beneficial owner(s) effectively is
operating as a market maker by holding itself out as willing to buy and
sell such options contracts on a regular or continuous basis. The
Exchange is proposing that these restrictions be amended to only be
applicable to Priority Customer Orders \5\ (i.e., non-broker-dealer
orders) and not Professional Orders \6\ (as described below), since
such Priority Customer Orders have priority at any price over bids and
offers of Professional Orders.\7\
---------------------------------------------------------------------------

    \5\ See ISE Rule 100(37B).
    \6\ ``Professional Order'' means an order that is for the
account of a person or entity that is not a Priority Customer. See
ISE Rule 100(37C).
    \7\ The Exchange notes that the Commission has previously found
that it is consistent with the Act for an options exchange not to
prohibit a user of its market from effectively operating as a market
maker by holding itself out as willing to buy and sell options
contracts on a regular or continuous basis without registering as a
market maker. See Securities Exchange Act Release No. 57478 (March
12, 2008), 73 FR 14521 (March 18, 2008) (SR-NASDAQ-2007-004) (Order
approving, among other things, a proposed rule change to establish
rules governing the trading of options on NASDAQ Options Market
(``NOM'')).
     The Exchange notes that in the order approving a Chicago Board
Options Exchange (``CBOE'') rule change to amend its rules
prohibiting members from functioning as market makers, the
Commission stated that any entity that acts as a ``dealer,'' as
defined in Section 3(a)(5) of the Act, 15 U.S.C. 78c(a)(5), would be
required to register with the Commission under Section 15 of the
Act, 15 U.S.C. 78o, and the rules and regulations thereunder, or
qualify for any exception or exemption from registration. Activity
that may cause a person to be deemed a dealer includes `` `quoting a
market in or publishing quotes for securities (other than quotes on
one side of the market on a quotations system generally available to
non-broker-dealers, such as a retail screen broker for government
securities).' '' See Definitions of Terms in and Specific Exemptions
for Banks, Savings Associations, and Savings Banks Under Sections
3(a)(4) and 3(a)(5) of the Securities Exchange Act of 1934,
Securities Exchange Act Release No. 47364, 68 FR 8686, 8689, note 26
(February 24, 2003) (quoting OTC Derivatives Dealers, Securities
Exchange Act Release No. 40594 (October 23, 1998), 63 FR 59362,
59370, note 61 (November 3, 1998)). See [sic] Securities Exchange
Act Release No. 59701 (April 3, 2009), 74 FR 16247 (April 9, 2009).
The Commission notes that the immediately preceding citation (Notice
of filing and immediate effectiveness of SR-ISE-2009-15) is
incorrect. The correct citation should be to Securities Exchange Act
Release No. 59700 (April 2, 2009), 74 FR 16246 (April 9, 2009)
(order approving SR-CBOE-2009-009).
---------------------------------------------------------------------------

    Rule 717(b) was adopted to limit the ability of EAMs that are not
market makers to compete on preferential terms within ISE's automated
systems. Because Priority Customer Orders are provided with certain
benefits, such as priority of bids and offers, the Exchange continues
to believe that Priority Customer Orders should be subject to the
Rule's restrictions. However, because Priority Orders \8\ are not
subject to any priority that is any better than market makers, the
Exchange no longer believes it is necessary to impose the Rule's
restrictions on the entry of broker-dealer orders. Similarly, because
Voluntary Professionals are not subject to priority that is any better
than market makers, we do not believe it is necessary to impose the
Rule's restrictions on Voluntary Professionals.\9\
---------------------------------------------------------------------------

    \8\ The Commission notes ISE incorrectly stated that ``Priority
Orders are not subject to any priority that is any better than
market makers * * *.'' The Commission believes that the term
``Priority Orders'' in the above-referenced sentence should be
replaced with the term ``Professional Orders.'' See Securities
Exchange Act Release No. See Securities Exchange Act Release No.
59287 (January 23, 2009), 74 FR 5964 (January 30, 2009) (SR-ISE-
2006-26) (order approving ISE proposal to create Priority Customer
and Professional order types).
    \9\ The Exchange notes that this rule change would only
eliminate the restrictions of Rule 717(b) in the manner proposed.
Members would continue to remain subject to the requirements of Rule
408 (which requires Members to establish, maintain and enforce
written policies and procedures reasonably designed, taking into
consideration the nature of such Member's business, to prevent the
misuse of material, nonpublic information by such Member or persons
associated with such Member), Supplementary Material .02 to Rule 400
(which may consider it conduct inconsistent with just and equitable
principles of trade for any person associated with a Member who has
knowledge of all material terms and conditions of (i) an order and a
solicited order; (ii) an order being facilitated; or (iii) orders
being crossed; the execution of which are imminent, to enter, based
on such knowledge, an order to buy or sell an option for the same
underlying security as any option that is the subject of the order,
or an order to buy or sell the security underlying such class, or an
order to buy or sell any related instrument until (a) the terms of
the order and any change in the terms of the order of which the
person associated with the Member has knowledge are disclosed to the
trading crowd, or (b) the trade can no longer reasonably be
considered imminent in the view of the passage of time since the
order was received); Rule 717(d) (which state that EAMs may not
execute as principal orders they represent as agent unless (i)
agency orders are first exposed on the Exchange for at least one (1)
second, (ii) the EAM has been bidding or offering on the Exchange
for at least one (1) second prior to receiving an agency order that
is executable against such bid or offer, (iii) the Member utilizes
the Facilitation Mechanism pursuant to Rule 716(d), or (iv) the
Member utilizes the Price Improvement Mechanism for Crossing
Transactions pursuant to Rule 723); and Rule 717(e) (which states
that EAMs may not execute orders they represent as agent on the
Exchange against orders solicited from Members and non-member
broker-dealers to transact with such orders unless (i) the
unsolicited order is first exposed on the Exchange for at least one
(1) second, (ii) the Member utilizes the Solicited Order Mechanism
pursuant to Rule 716(e), (iii) the Member utilizes the Facilitation
Mechanism pursuant to Rule 716(d) or (iv) the Member utilizes the
Price Improvement Mechanism for Crossing Transactions pursuant to
Rule 723).
---------------------------------------------------------------------------

    Second, in those instances where the restrictions are applicable,
Rule 717(b) currently provides that, in determining whether an EAM or
beneficial owner effectively is operating as a market maker, the
Exchange will consider, among other things, the simultaneous or near-
simultaneous entry of limit orders to buy and sell the same options
contract; the multiple acquisition and liquidation of positions in the
same options series during the same day; and the entry of multiple
limit orders at different prices in the same options series. The
Exchange is proposing to remove the condition pertaining to the
multiple acquisition and liquidation of positions from its list of
factors used for determining whether a beneficial owner is operating as
a market maker. In light of the proliferation of day trading activity
and the fact that such a prohibition does not exist on other
markets,\10\ the Exchange no longer believes that this activity should
be considered a factor in determining whether an EAM or beneficial
owner is effectively acting as a market maker.
---------------------------------------------------------------------------

    \10\ See note 7 and Securities Exchange Act Release No. 59700
(April 2, 2009), 74 FR 16246 (April 9, 2009) (SR-CBOE-2009-009).
---------------------------------------------------------------------------

2. 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 prevent fraudulent and manipulative acts and practices,
and to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general to protect investors and the
public interest. The proposed changes should contribute to the
Exchange's ability to maintain a fair and orderly market in a manner
that will limit unfair advantage and encourage competition.
Specifically, because broker-dealer orders are not subject to priority
on the ISE that is any

better than market makers, the Exchange does not believe it is
necessary to impose the Rule's restrictions on the entry of broker-
dealer orders. The Exchange believes that the elimination of these
restrictions will permit entities other than market makers to enter
orders on both sides of the market more freely, resulting in more
orders on the ISE book and therefore increase liquidity on the ISE
market, all to the benefit of investors.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f (b) [sic].
    \12\ 15 U.S.C. 78f (b)(5) [sic].
---------------------------------------------------------------------------

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) \13\ of the Act and Rule 19b-
4(f)(6) \14\ thereunder. The Exchange provided the Commission with
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at least
five business days prior to the date of filing the proposed rule
change.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    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.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-ISE-2010-95 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-ISE-2010-95. This file
number should be included on the subject line if e-mail 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,\15\ 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, on
official business days between the hours of 10 a.m. and 3 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; 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-ISE-2010-95 and should be submitted on or before October
27, 2010.
---------------------------------------------------------------------------

    \15\ The text of the proposed rule change is available on the
Commission's Web site at http://www.sec.gov/rules/sro.shtml.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-25068 Filed 10-5-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register: March 9, 2009 (Volume 74, Number 44)]
[Notices]
[Page 10111-10114]
[DOCID:fr09mr09-95]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59493; File No. SR-NYSEArca-2009-18]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change Relating to the
Listing and Trading of Bear Market Strategic Accelerated Redemption
Securities[supreg] Linked to the S&P Small Cap Regional Banks Index

March 3, 2009.
    Pursuant to 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 March 2, 2009, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange''),
through its wholly owned subsidiary, NYSE Arca Equities, Inc. (``NYSE
Arca Equities''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
NYSE Arca filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6)

thereunder,\4\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to list and trade Bear Market Strategic
Accelerated Redemption Securities[supreg] Linked to the S&P Small Cap
Regional Banks Index (``Notes'') under NYSE Arca Equities Rule
5.2(j)(6). The text of the proposed rule change is available at http://
www.nyse.com, the Exchange and 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 parts 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 proposes to list and trade the Notes \5\ under NYSE
Arca Equities Rule 5.2(j)(6), which includes the Exchange's listing
standards for Equity Index-Linked Securities.\6\ According to the
Registration Statement, the Notes are Bank of America Corporation
(``BAC'' or the ``issuer'') senior unsecured debt securities and are
not guaranteed or insured by the Federal Deposit Insurance Corporation
or secured by collateral. The Notes will rank equally with all of the
issuer's other unsecured and unsubordinated debt, and any payments due
on the Notes, including any repayment of principal, will be subject to
the credit risk of BAC. The Notes are designed for, but not limited to,
investors who anticipate that the Observation Level \7\ of the S&P
Small Cap Regional Banks Index (the ``Index'') on any Observation Date
will be less than or equal to the Call Level. The Notes provide for an
automatic call if the Observation Level of the Index on any Observation
Date is less than or equal to the Call Level.
---------------------------------------------------------------------------

    \5\ See registration statement on Form S-3 filed with the
Securities and Exchange Commission on May 5, 2006 (Registration No.
333-133852); Product Supplement No. STR-1, dated January 2, 2009
(``Product Supplement No. STR-1''); Series L Prospectus Supplement
dated April 10, 2008; and Preliminary Term Sheet, subject to
completion, dated January 29, 2009 (``Registration Statement'').
    \6\ Equity Index-Linked Securities are securities that provide
for the payment at maturity of a cash amount based on the
performance of an underlying index or indexes of equity securities.
    \7\ Capitalized terms used but not defined herein have the
meanings set forth in Product Supplement No. STR-1.
---------------------------------------------------------------------------

    The Notes will be called at an amount equal to the $10 principal
amount per unit plus the Call Premium of between 15% and 19% per annum
if the closing level of the Index on any Observation Date is less than
or equal to 100% of its starting value. The Notes have a maturity of
approximately 18 months. There will be a one-to-one downside loss if
the Notes are not called prior to maturity and the closing level of the
Index increases above a Threshold Value, with up to 100% of the
principal amount at risk. There are no periodic interest payments.
    The Index is a capitalization weighted index. The Index is a sub-
index of the S&P SmallCap 600 Index and is comprised of the regional
banks included in the ``Financials'' sector of the S&P SmallCap 600
Index. Regional banks are defined as commercial banks whose businesses
are derived primarily from commercial lending operations and have
significant business activity in retail banking and small and medium
corporate lending. Regional banks tend to operate in limited geographic
regions. The Index excludes companies classified according to the
Global Industry Classification Standard (``GICS'') in the Diversified
Banks and Thrifts & Mortgage Banks sub-industries and also excludes
investment banks classified in the Investment Banking & Brokerage Sub-
Industry. The GICS methodology has been widely accepted as an industry
analysis framework for investment research, portfolio management, and
asset allocation. The Index was developed with a base value of 100 as
of December 31, 1993. Of the companies included in the S&P SmallCap 600
Index, 41 were included in the Index as of January 15, 2009.
    The Exchange is submitting this proposed rule change because the
Index for the Fund does not meet all of the ``generic'' listing
requirements of NYSE Arca Equities Rule 5.2(j)(6) applicable to listing
of all Equity Index-Linked Securities. The Index meets all such
requirements except for those set forth in Rule
5.2(j)(6)(B)(I)(1)(b)(i).\8\ The Exchange represents that: (1) Except
for the requirement under 5.2(j)(6)(B)(I)(1)(b)(i), the Notes currently
satisfy all of the generic listing standards under NYSE Arca Equities
Rule 5.2(j)(6); and (2) BAC is required to comply with Rule 10A-3 under
the Act \9\ for the initial and continued listing of the Notes. In
addition, the Exchange represents that the Notes will comply with all
other requirements applicable to Equity Index-Linked Securities,
including, but not limited to, requirements relating to the
dissemination of key information such as the Index value, rules
governing the trading of equity securities, trading hours, trading
halts, surveillance,\10\ and Information Bulletin to ETP Holders, as
set forth in Exchange rules applicable to Equity Index-Linked
Securities and in prior Commission orders approving the generic listing
rules applicable to the listing and trading of Equity Index-Linked
Securities.\11\ Detailed descriptions of the Notes, the Index
(including the methodology used to determine the composition of the
Index), fees, redemption procedures and payment at redemption, payment
at maturity, taxes, and risk factors relating to the Notes are
available in the Registration Statement.
---------------------------------------------------------------------------

    \8\ Rule 5.2(j)(6)(B)(I)(1)(b)(i) requires that each component
security in the index to which the security is linked has a minimum
market value of at least $75 million, except that for each of the
lowest dollar weighted component securities in the index that in the
aggregate account for no more than 10% of the dollar weight of the
index, the market value can be at least $50 million. The Exchange
states that, as of February 20, 2009, the Index fails to meet the
requirement of Rule 5.2(j)(6)(B)(I)(1)(b)(i) in that, with respect
to each of the lowest dollar weighted component securities in the
Index that in the aggregate account for no more than 10% of the
dollar weight of the Index, two securities, accounting for a total
of 0.35% of the Index weight, have a market value of less than $50
million. These two Index securities have a market value of
approximately $32 million and $25 million, respectively. Index
components comprising the top 90% of the Index weight have a market
value of at least $75 million. In addition, 99.65% of the total
Index weight is comprised of securities with a market value of at
least $50 million. The average and median market capitalization of
Index stocks is $406 million and $349.7 million, respectively, as of
February 20, 2009.
    \9\ 17 CFR 240.10A-3.
    \10\ The Exchange may obtain information for surveillance
purposes via the Intermarket Surveillance Group (``ISG'') from other
exchanges who are members of ISG. For a list of the current members
of ISG, see http://www.isgportal.org.
    \11\ See, e.g., Securities Exchange Act Release No. 56637
(October 10, 2007), 72 FR 58704 (October 16, 2007) (SR-NYSEArca-
2007-92) (order approving generic listing standards under NYSE Arca
Equities Rule 5.2(j)(6)).
---------------------------------------------------------------------------

2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the

Act,\12\ in general, and furthers the objectives of Section
6(b)(5),\13\ in particular, in that it is designed to prevent
fraudulent and manipulative practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to, and perfect the mechanisms of, a free and open
market and a national market system. The proposed rule change will
allow the listing and trading of the Notes on the Exchange, which the
Exchange believes will enhance competition among market participants,
to the benefit of investors and the marketplace.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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.

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this 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
Section 19(b)(3)(A) \14\ of the Act and subparagraph (f)(6) of Rule
19b-4 \15\ thereunder.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and 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. The Exchange has fulfilled the pre-filing requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \16\ normally
does not become operative for 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii),\17\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange requests that the
Commission waive the 30-day operative delay so that the proposal may
become operative immediately upon filing. The Exchange states that the
proposed rule change does not significantly affect the protection of
investors or the public interest and does not impose any significant
burden on competition. NYSE Arca believes that the proposed rule change
is non-controversial in that the Index for the Notes fail to meet the
requirements set forth in NYSE Arca Equities Rule
5.2(j)(6)(B)(I)(1)(b)(i) by only a small amount: Two securities
accounting for a total of .35% of the Index weight have a market value
of less than 50 million and the top 90% of the Index weight have a
market value of $75 million. The Notes currently satisfy all of the
other applicable generic listing standards under NYSE Arca Equities
Rule 5.2(j)(6) and all other requirements applicable to Index-Linked
Securities and, in particular, Equity Index-Linked Securities, as set
forth in Exchange rules and prior Commission orders approving the
generic listing rules applicable to the listing and trading of Index-
Linked Securities. In addition, the Exchange believes that it has
developed adequate trading rules, procedures, surveillance programs,
and listing standards for the continued listing and trading of the
Notes.
---------------------------------------------------------------------------

    \16\ 17 CFR 240.19b-4(f)(6).
    \17\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public
interest.\18\ Given that the Notes comply with all of the NYSE Arca
Equities generic listing standards for Equity Index-Linked Securities
(except for narrowly missing the requirement that lowest dollar
weighted component securities in the Index have a market value of at
least $50 million), the listing and trading of the Notes by NYSE Arca
does not appear to present any novel or significant regulatory issues
or impose any significant burden on competition. For these reasons, the
Commission designates the proposed rule change as operative upon
filing.
---------------------------------------------------------------------------

    \18\ 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).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2009-18 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2009-18. This
file number should be included on the subject line if e-mail 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 inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2009-18 and should
be submitted on or before March 30, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-4877 Filed 3-6-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Notices]
[Pages 43872-43874]
[FR Doc No: 2022-15737]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0414]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Manufactured Food
Regulatory Program Standards

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or we) 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: Submit written comments (including recommendations) on the
collection of information by August 22, 2022.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The OMB control number for
this information collection is 0910-0601. Also include the FDA docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Rachel Showalter, Office of
Operations, Food and Drug Administration, Three White Flint North, 10A-
12M, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

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.

Manufactured Food Regulatory Program Standards

OMB Control Number 0910-0601--Revision

    This information collection supports the FDA's ``Manufactured Food
Regulatory Program Standards'' (2019) (https://www.fda.gov/media/131392/download). We recommend that States use these program standards
as the framework to design and manage their manufactured food programs.
There are 44 State programs enrolled in the Manufactured Food
Regulatory Program Standards (MFRPS or the program standards) under
cooperative agreements.
    The goal of the MFRPS is to implement a nationally integrated,
risk-based, food safety system focused on protecting public health. The
MFRPS establish a uniform basis for measuring and improving the
performance of prevention, intervention, and response activities of
manufactured food regulatory programs in the United States. The
development and implementation of the standards will help Federal and
State programs better direct their regulatory activities toward
reducing foodborne illness. For more information, and to access the
program standards, we invite you to visit our website at: https://www.fda.gov/federal-state-local-tribal-and-territorial-officials/regulatory-program-standards/manufactured-food-regulatory-program-standards-mfrps.
    FDA recommends that a State program enrolled in the MFRPS use the
worksheets and forms contained in the standards; however, alternate
forms that are equivalent may be used. The State program maintains
documentation (guidance, procedures, documents, and forms) required by
the 10 standards, which must be current and fit for use. In the first
year of implementing the program standards, the State program conducts
a baseline self-assessment of the documentation to determine if it
meets the elements of each standard. The State program must participate
in additional verification audits in subsequent years. After 5 years,
FDA will conduct a comprehensive program audit of the documentation. As
part of the program audit, the auditor reviews the records and
supporting documents required by the criteria in each standard to
determine if the self-assessment and improvement plan accurately
reflect the State program's level of conformance with each of the
standards. If the State program fails to meet all program elements and
documentation requirements of a standard, it develops a strategic plan
which includes the following: (1) the individual element of
documentation requirement of the standard that was not met, (2)
improvements needed to meet the program element or documentation
requirement of the standard, and (3) projected completion dates for
each task.
    In the Federal Register of January 13, 2022 (87 FR 2162), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    Subsequent to the publication of the 60-day notice, in
collaboration with the State Governments, FDA completed a revision of
the program standards. In an effort to improve program effectiveness,
understanding and clarity, changes include those to program
definitions, inspection procedures, appendices and assessment
worksheets that may be used by the States who have adopted the MFRPS. A
copy of the revised program standards is available in the docket.
    The revised program standards are the result of external
collaboration and coordination between FDA and the Association of Food
and Drug Officials Manufactured Food Regulatory Program Alliance and
the Partnership for Food Protection Governing Council. We consider any
formal comments received on the previous edition of the program
standards and feedback obtained from our collaboration with the States.
    Description of Respondents: Respondents are State Departments of
Agriculture or Health enrolled in the MFRPS (State Governments).
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                   Type of respondent; activity                        Number of      responses per     Total annual    Average burden     Total hours
                                                                      respondents       respondent       responses       per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Governments; Development and reporting of data consistent                 44                1               44               569           25,036
 with MFRPS......................................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

                                                   Table 2--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of                       Average burden
                   Type of respondent; activity                        Number of       records per      Total annual          per          Total hours
                                                                     recordkeepers     recordkeeper       records        recordkeeping
--------------------------------------------------------------------------------------------------------------------------------------------------------
State Governments; Maintenance of data records consistent with                  44               10              440                40           17,600
 MFRPS...........................................................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    We have adjusted the number of respondents to the information
collection to reflect the enrollment of an additional State since our
last evaluation.

    Dated: July 18, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-15737 Filed 7-21-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Notices]
[Pages 25338-25340]
[FR Doc No: 2017-11239]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0028]

MET Laboratories, Inc.: Applications for Expansion of Recognition
and Proposed Modification to the NRTL Program's List of Appropriate
Test Standards

AGENCY: Occupational Safety and Health Administration, Labor.

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the applications of MET
Laboratories, Inc. for expansion of its recognition as a Nationally
Recognized Testing Laboratory (NRTL) and presents the Agency's
preliminary finding to grant the applications. Additionally, OSHA
proposes to add two new test standards to the NRTL Program's List of
Appropriate Test Standards.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before June 16, 2017.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically
at http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
    2. Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier)
service: Submit comments, requests, and any attachments to the OSHA
Docket Office, Docket No. OSHA-2006-0028, Technical Data Center, U.S.
Department of Labor, 200 Constitution Avenue NW., Room N-3508,
Washington, DC 20210; telephone:<PHONE_NUMBER> (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays
in receiving comments and other written materials by regular mail.
Contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express mail, hand
delivery, or messenger service. The hours of operation for the OSHA
Docket Office are 10:00 a.m.-2:30 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and
the OSHA docket number (OSHA-2006-0028). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the Agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data.
    5. Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the Web site. All submissions, including copyrighted material,
are available for inspection at the OSHA Docket Office. Contact the
OSHA Docket Office for assistance in locating docket submissions.
    6. Extension of comment period: Submit requests for an extension of
the comment period on or before June 16, 2017 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW., Room N-3655, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone:
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing
notice that MET Laboratories, Inc. (MET), is applying for expansion of
its current recognition as an NRTL. MET requests the addition of three
test standards to its NRTL scope of recognition.
    OSHA recognition of an NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by its
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The Agency processes applications by an NRTL for initial
recognition and for an expansion or renewal of this recognition,
following requirements in Appendix A to 29 CFR 1910.7. This appendix
requires that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding. In the second notice,
the Agency provides its final decision on the application. These
notices set forth the NRTL's scope of recognition or modifications of
that scope. OSHA

maintains an informational Web page for each NRTL, including MET, which
details the NRTL's scope of recognition. These pages are available from
the OSHA Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    MET currently has one facility (site) recognized by OSHA for
product testing and certification, with its headquarters located at:
MET Laboratories, Inc., 914 West Patapsco Avenue, Baltimore, Maryland
21230. A complete list of MET's scope of recognition is available at
https://www.osha.gov/dts/otpca/nrtl/met.html.

II. General Background on the Application

    MET submitted three applications, one dated October 15, 2015 (OSHA-
2006-0028-0031), the second dated March 2, 2016 (OSHA-2006-0028-0032)
and the third dated March 18, 2016 (OSHA-2006-0028-0033), to expand its
recognition to include three additional test standards. OSHA staff
performed a detailed analysis of the application packets and reviewed
other pertinent information. OSHA did not perform any on-site reviews
in relation to these applications.
    Table 1 below lists the appropriate test standards found in MET's
applications for expansion for testing and certification of products
under the NRTL Program.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                     MET's NRTL Scope of Recognition
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
UL 2108...........................  Standard for Low Voltage Lighting
                                     Systems.
UL 61010-2-091 *..................  Standard for Safety Requirements for
                                     Electrical Equipment for
                                     Measurement, Control and Laboratory
                                     Use--Part 2-091: Particular
                                     Requirements for Cabinet X-Ray
                                     Systems.
UL 61010-2-081 *..................  Standard for Safety Requirements for
                                     Electrical Equipment for
                                     Measurement, Control and Laboratory
                                     Use--Part 2-081: Particular
                                     Requirements for Automatic and Semi-
                                     Automatic Laboratory Equipment for
                                     Analysis and Other Purposes.
------------------------------------------------------------------------
* Represents the standards that OSHA proposes to add to the NRTL
  Program's List of Appropriate Test Standards.

III. Proposal To Add New Test Standard to the NRTL Program's List of
Appropriate Test Standards

    Periodically, OSHA will propose to add new test standards to the
NRTL list of appropriate test standards following an evaluation of the
test standard document. To qualify as an appropriate test standard, the
Agency evaluates the document to (1) verify it represents a product
category for which OSHA requires certification by an NRTL, (2) verify
the document represents an end product and not a component, and (3)
verify the document defines safety test specifications (not
installation or operational performance specifications).
    In this notice, OSHA proposes to add two new test standards to the
NRTL Program's List of Appropriate Test Standards. Table 2, below,
lists the test standards that are new to the NRTL Program. OSHA
preliminarily determined these test standards are appropriate test
standards and proposes to include them in the NRTL Program's List of
Appropriate Test Standards. OSHA seeks public comment on this
preliminary determination.

 Table 2--Test Standards OSHA Is Proposing To Add to the NRTL Program's
                   List of Appropriate Test Standards
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
UL 61010-2-091....................  Standard for Safety Requirements for
                                     Electrical Equipment for
                                     Measurement, Control and Laboratory
                                     Use--Part 2-091: Particular
                                     Requirements for Cabinet X-Ray
                                     Systems.
UL 61010-2-081....................  Standard for Safety Requirements for
                                     Electrical Equipment for
                                     Measurement, Control and Laboratory
                                     Use--Part 2-081: Particular
                                     Requirements for Automatic and Semi-
                                     Automatic Laboratory Equipment for
                                     Analysis and Other Purposes.
------------------------------------------------------------------------

IV. Preliminary Findings on the Application

    MET submitted acceptable applications for expansion of its scope of
recognition. OSHA's review of the application file, and pertinent
documentation, indicate that MET can meet the requirements prescribed
by 29 CFR 1910.7 for expanding its recognition to include the addition
of these three test standards for NRTL testing and certification listed
above. This preliminary finding does not constitute an interim or
temporary approval of MET's application.
    OSHA welcomes public comment as to whether MET meets the
requirements of 29 CFR 1910.7 for expansion of its recognition as an
NRTL. Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request. Commenters must submit
the written request for an extension by the due date for comments. OSHA
will limit any extension to 10 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if the request
is not adequately justified. To obtain or review copies of the exhibits
identified in this notice, as well as comments submitted to the docket,
contact the Docket Office, Room N-3508, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address. These
materials also are available online at http://www.regulations.gov under
Docket No. OSHA-2006-0028.
    OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will recommend to the Assistant Secretary for Occupational
Safety and Health whether to grant MET's applications for expansion of
its scope of recognition. The Assistant Secretary will make the final
decision on granting the applications. In making this decision, the
Assistant Secretary may undertake other proceedings prescribed in
Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of its final decision in the
Federal Register.

Authority and Signature

    Dorothy Dougherty, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on May 24, 2017.
Dorothy Dougherty,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2017-11239 Filed 5-31-17; 8:45 am]
BILLING CODE 4510-26-P