home terminal during which time the employee is unavailable for any
service for any railroad carrier.'' FRA

has not previously addressed the question of whether an employee may
initiate a seventh on-duty period 24 hours or more \36\ after the
employee is finally released from his or her sixth consecutive duty
tour, or if Sec. 21103(a)(4)(A)(i)-(ii) only authorizes a train
employee to initiate an on-duty period that is consecutive to the sixth
consecutive day.
---------------------------------------------------------------------------

    \36\ See Final Interpretations, 77 FR 12417-19 (defining ``day''
in this context to refer to a 24-hour period).
---------------------------------------------------------------------------

    The structure of Sec. 21103(a)(4) generally prohibits a train
employee from remaining on duty or going on duty after the employee has
initiated on-duty periods for six consecutive days, until the employee
has at least 48 hours of time off duty at the home terminal unavailable
for any service for any railroad. Sec. 21103(a)(4)(A) provides an
exception to this general prohibition in subsection (a)(4)(A)(i),
allowing an employee to initiate an on-duty period \37\ on a ``seventh
consecutive day.'' Subsection (a)(4)(A)(ii) requires that ``any
employee who works a seventh consecutive day pursuant to subparagraph
(i)'' have, instead of 48 hours, 72 hours of time off duty at the home
terminal during which the employee is unavailable for any service for
any railroad. Similarly, subsection (a)(4)(B) allows employees to
initiate on-duty periods on seven consecutive days under collective
bargaining agreements or authorized pilot programs; these employees
must also have 72 hours of time off duty at the home terminal
unavailable for any service for any railroad. Outside of these two
exceptions, there is a violation of Sec. 21103(a)(4) if the railroad
requires or allows a train employee to initiate an on-duty period after
having required or allowed the employee to do so on six prior
consecutive days and before having given the employee the 48 hours of
time off duty.
---------------------------------------------------------------------------

    \37\ See Final Interpretations, 77 FR 12419 (interpreting
``work'' in this context to refer to the initiation of an on-duty
period).
---------------------------------------------------------------------------

    FRA is aware that some railroads have scheduled employees to
initiate on-duty periods each day for six consecutive days followed by
more than a day spent off duty at the away-from-home terminal, and
then, after the employee initiates an additional on-duty period and
returns to his or her home terminal, have allowed the employee to
initiate a new on-duty period after having only 48 hours off duty at
the home terminal. Such a practice is plainly inconsistent with the
language of the statute; as discussed above, any allowance that the
statute provides for an employee to initiate an on-duty period after
having already done so on six consecutive days is contingent upon that
employee's receiving 72 hours of time off duty after the employee is
finally released at the home terminal from the additional on-duty
period that is allowed under one of the exceptions to the general six-
day limitation. Specifically, when an employee is at the away-from-home
terminal at the end of the duty tour initiated on the sixth consecutive
day, he or she is permitted to initiate an on-duty period on ``the
seventh consecutive day'' under Sec. 21103(a)(4)(A)(i), and an employee
who initiates an on-duty period on this seventh consecutive day
pursuant to that section must have the 72 hours of time off duty
required by Sec. 21103(a)(4)(A)(ii) after the employee is finally
released from the duty tour initiated on the seventh consecutive day.
However, this does not resolve the question of what period of time
constitutes ``the seventh consecutive day.''
    Because the exception of paragraphs (a)(4)(A)(i) and (ii) discusses
the additional on-duty period in the context of ``a seventh consecutive
day,'' a literal reading of the statute, which FRA is adopting, would
preclude the initiation of an on-duty period by an employee who had
done so for six consecutive days, ending the final on-duty period at
the away-from-home terminal, but did not initiate another on-duty
period until more than 24 hours later, because at that time the
initiation of the on-duty period would no longer fall on the ``seventh
consecutive day.'' Under FRA's limited interpretation, after 24 hours
at the away-from-home terminal (or more than a calendar day at the
away-from-home terminal for a railroad that had not yet transitioned to
FRA's final interpretation of ``day''), the authority of the railroad
to require or allow an employee to initiate an on-duty period as a
train employee under subsection (a)(4)(A)(i) disappears. As a result,
the railroad's only choice in this circumstance would be that the
employee must be deadheaded to his or her home terminal and receive at
least 48 hours free from any service for any railroad before next
initiating an on-duty period, though the employee could perform non-
covered service before receiving the 48 hours of time off duty.
Although this construction of the subsection has the virtue of hewing
closely to the express terms of the statute, it results in the odd
outcome that a railroad loses the authority to require or allow an
employee to perform covered service because the employee has been off
duty for too long.
    FRA considered but rejected an alternative reading of the text that
would avoid this incongruous result by understanding the authorization
to ``work a seventh consecutive day'' as allowing one final initiation
of an on-duty period when the employee ends the sixth consecutive on-
duty period at the away-from-home terminal. This final on-duty period
would generally be initiated within the seventh consecutive day, but in
unusual circumstances where the employee remained off duty at the away-
from-home terminal for more than 24 hours (or more than a calendar day
for a railroad that had not yet transitioned to FRA's final
interpretation), the final on-duty period would be authorized despite
falling outside of the 24 hours (or calendar day) that constitute the
seventh consecutive day. However, adoption of this alternative
interpretation would have raised new questions concerning the time
spent at the away-from-home terminal. Under that rejected reading, an
employee could lawfully remain at the away-from-home terminal to engage
in non-covered service for several days before next initiating an on-
duty period, and the alternative broader interpretation would require
determining whether this non-covered service would preclude subsequent
covered service before having the required 48 hours of time off duty.
    Although both of these interpretations are reasonable constructions
of the statute given the nature of railroad operations, FRA views the
limited interpretation, where an employee is not permitted to initiate
an on-duty period after the end of the seventh consecutive day, as
superior. In addition to being a more direct construction of the text
of the statute, and providing more clarity to railroads and employees,
the limited interpretation avoids the question of what, if any, non-
covered service would be permitted between the sixth consecutive on-
duty period and the final on-duty period, which could occur beyond the
seventh consecutive day. Under the limited interpretation, an employee
may engage in non-covered service separate from a duty tour at the
away-from-home terminal after initiating an on-duty period on six
consecutive days, but may not initiate a seventh duty tour prior to
having the 48 hours of time off duty at the home terminal unless the
duty tour is initiated within 24 hours, of the employee's final release
from the duty tour initiated on the sixth consecutive day. Under the
interpretation of ``day'' as a 24-hour period (24-hour-day
interpretation), this non-covered service is necessarily limited to
four hours if it is to avoid commingling with either the duty tour

initiated on the sixth consecutive day or the duty tour that follows
the non-covered service on the seventh consecutive day, since there
must be at least 10 hours of time off duty between the non-covered
service and the duty tours before and after the non-covered service,
and the duty tour following the non-covered service must be initiated
24 hours or less after the employee's final release from the duty tour
initiated on the sixth consecutive day, for the seventh duty tour to be
consecutive to it. As an example, if an employee were finally released
at midnight, the following duty tour would have to begin prior to
midnight of the following day in order to be on a consecutive day. In
order to avoid commingling with both the prior and subsequent duty
tours, the non-covered service must fall between 10 a.m., 10 hours
after the midnight final release, and 2 p.m., 10 hours prior to the
subsequent initiation of the on-duty period. This leaves only four
hours of time for non-covered service outside of both duty tours; any
greater amount of service would either commingle with the prior duty
tour, commingle with the subsequent duty tour, or cause the subsequent
duty tour to be initiated outside of the 24 hours that constitutes the
``seventh consecutive day.''
    FRA seeks comment on the impact of this interpretation on railroad
operations. Commenters arguing in favor of the broader interpretation,
allowing for the initiation of an on-duty period under Sec.
21103(a)(4)(A)(i) more than 24 hours (or more than a calendar day for a
railroad that had not yet transitioned to FRA's final interpretation),
after the employee's final release from the duty tour initiated on the
sixth consecutive day, are encouraged to discuss potential resolutions
for the issue of intervening non-covered service separated from a duty
tour.

IV. Application of the ``Signal Employee Exclusivity'' Provision to
Individuals Who Drive Commercial Motor Vehicles for the Purpose of
Themselves Installing, Maintaining, or Repairing Signal Systems

A. Summary of Issue and Interim Interpretation

    The ``signal employee exclusivity'' provision, which was added by
the RSIA and codified at Sec. 21104(e) (exclusivity provision), reads
as follows:

    The hours of service, duty hours, and rest periods of signal
employees shall be governed exclusively by this chapter. Signal
employees operating motor vehicles shall not be subject to any hours
of service rules, duty hours or rest period rules promulgated by any
Federal authority, including the Federal Motor Carrier Safety
Administration, other than the Federal Railroad Administration.

    FRA has previously explained that there is no gap between the
statutory HS limitations with respect to the installation, repair, and
maintenance of signal systems, which are administered by FRA, and the
regulatory HS limitations with respect to the operation of commercial
motor vehicles, which are promulgated and administered by FMCSA. Final
Interpretations, 77 FR at 12427-28. However, FRA's prior discussion of
the issue allowed FMCSA's HS regulations (49 CFR part 395) (FMCSA's HS
Regulations) to reach employees who generally performed signal covered
service and were, therefore, generally considered ``signal employees''
on the occasions when those employees were driving a commercial motor
vehicle during a period of time that was not within a duty tour that
included any time spent performing covered service as a signal
employee.
    Both labor organizations and railroad industry organizations have
identified the potential application of FMCSA's HS Regulations,
including cumulative limitations that could reach into duty tours that
are clearly governed by the FRA-enforced statutory HS limitations.\38\
Although FRA previously interpreted the exclusivity provision in light
of the definition of ``signal employee'' as ``an individual who is
engaged in installing, repairing, or maintaining signal systems'' in
Sec. 21101(4), FRA did not previously consider reinterpreting the
definition of ``signal employee'' in light of the new exclusivity
provision.
---------------------------------------------------------------------------

    \38\ FRA notes that Sec. 21104(e) would preclude the application
of any of FMCSA's HS Regulations to any duty tour of a signal
employee, including cumulative limitations. See also 49 CFR
395.1(r), excluding signal employees from the application of 49 CFR
part 395.
---------------------------------------------------------------------------

    Now construing the whole statute, in accordance with traditional
canons of statutory interpretation, FRA views the exclusivity provision
as broadening the scope of what activity is denoted by the words
``engaged in installing, repairing, or maintaining signal systems.''
Specifically, as described in detail below, FRA views an individual's
operation of a motor vehicle for the purpose of allowing that
individual to install, repair, or maintain signal systems to be a
function that is time on duty under the ``signal employee'' provisions
of the HS laws, regardless of whether the operation of the motor
vehicle is within the same duty tour as the direct work on the signal
system, or is separated from it by at least 10 hours off duty. As a
result, that operation of a motor vehicle for that purpose is itself
subject to the limitations of the HS laws and to the exclusivity
provision that exempts the operation from other Federal requirements
concerning hours of service, duty hours, or rest periods, including
FMCSA's HS Regulations.
    It is important to note that this interpretation does not affect
FRA's preexisting interpretations governing a signal employee's
commuting time (i.e., time spent commuting by motor vehicle between the
signal employee's residence and his or her headquarters), which remains
classified as time off duty for purposes of Sec. 21104. In addition, as
provided by Sec. 21104, travel time returning from a trouble call or an
outlying work site to the employee's headquarters or residence at the
end of a duty period, remains neither time on duty nor time off duty
(except where such time is in transportation in an on-track vehicle).
FRA seeks comment on this interim interpretation.

B. Detailed Discussion of Issue and Interim Interpretation

    In response to the June 2009 Interim Interpretations, the
Brotherhood of Railroad Signalmen (BRS) submitted a comment relating to
several issues. Among the issues addressed by BRS was the exclusivity
provision. BRS expressed concern that individuals generally performing
signal covered service, who are, therefore, generally signal employees,
might be excluded from FMCSA's HS Regulations as a result of this
provision, but also would not be subject to the FRA-administered
statutory HS limitations if they did not perform covered service
installing repairing or maintaining signal systems that commingled
under Sec. 21104(b)(2) \39\ with the time that they spent driving a
commercial motor vehicle to an outlying work site. BRS's proposed
solution to this apparent issue was for FRA to classify driving
commercial motor vehicles for the purposes of installing, maintaining,
or repairing signal systems to be signal-employee covered service.
---------------------------------------------------------------------------

    \39\ Sec. 21104(b)(2) reads, ``(b) Determining time on duty.--In
determining under subsection (a) of this section the time a signal
employee is on duty or off duty, the following rules apply: * * *
(2) Time spent performing any other service for the railroad carrier
during a 24-hour period in which the employee is engaged in
installing, repairing, or maintaining signal systems is time on
duty.''
---------------------------------------------------------------------------

    In the Final Interpretations, FRA responded to BRS's stated
concern, that there was an apparent gap in the HS limitations of FRA
and FMCSA, by explaining that the exclusivity provision applies only
where other FRA-

administered HS limitations apply. The Final Interpretations stated,
``the statute does not allow an individual subject to the exemption
granted at Sec. 21104(e) not to be subject to Sec. 21104(a).'' Final
Interpretations, 77 FR at 12427. However, FRA noted that the
interpretation would not completely preclude the application of FMCSA's
HS Regulations to individuals who generally perform signal covered
service, since there are circumstances where such an individual may
drive a commercial motor vehicle to an outlying work site and then be
provided with a statutory minimum off-duty period of at least 10 hours
before beginning to perform covered service at the work site. Under
these circumstances, FRA's position in the Final Interpretations was
that if driving the commercial motor vehicle is not covered service,
then the individual is not performing signal-employee functions, is not
a signal employee during the time spent driving, and is not subject to
Sec. 21104, including the exclusivity provision. FRA expressed a
willingness to work with FMCSA to address the issue, but viewed those
efforts as outside the scope of interpreting the statute.
    In addressing the purported gap between the HS limitations, FRA's
Final Interpretations simply applied the preexisting understanding of
what activities are classified as ``engaged in installing, repairing,
or maintaining signal systems'' under the old, pre-RSIA HS laws.
However, labor organizations and railroad industry organizations have
implicitly suggested that FRA's understanding of covered service should
be revised in light of the statutory changes. Having considered the
statute in light of these arguments, FRA agrees that the exclusivity
provision at Sec. 21104(e) broadens the definition of signal-employee
covered service that brings an individual within the scope of Sec.
21104.
    Following the 1976 amendment of the HS laws \40\ to cover ``an
individual employed by the carrier who is engaged in installing,
repairing or maintaining signal systems,'' FRA published an interim
statement of agency policy and interpretation for signal service. 42 FR
4464 (Jan. 25, 1977) (1977 Signal Interim Interpretations). See Sec.
4(d) of Public Law 94-348 (July 8, 1976), adding new Sec. 3A to the
Hours of Service Act, then codified at 45 U.S.C. 64; 42 FR 4464,
January 25, 1977. In that contemporaneous interpretation, FRA noted
that ``[p]erhaps the most difficult problem posed by the general
language of [the statutory provisions governing such individuals] is
the definition of time on duty. Individuals who work on signal systems
often spend much of their compensated time traveling for the carrier's
purposes.'' FRA ultimately determined that travel time devoted to the
carrier's work was to be considered commingling service (other service
for the carrier during a 24-hour period in which the employee is
engaged in installing, maintaining, or repairing signal systems), such
that the travel time would be considered time on duty if not separated
by a statutory minimum off-duty period from direct work to install,
repair, or maintain signal systems. Time spent returning from trouble
calls or an outlying work site at the end of scheduled hours, was
considered neither time on duty nor time off duty, an interpretation
subsequently ratified by Congress in the 1978 amendments to the HS
laws. Sec. 4 of Public Law 95-574 (November 2, 1978). Commuting time
between an employee's residence and the employee's regular reporting
point, which is determined by an employee in his or her decision of
where to live, was considered time off duty.
---------------------------------------------------------------------------

    \40\ In 1976 the statute was still called the Hours of Service
Act. See note 2.
---------------------------------------------------------------------------

    Based in part on the nature of the statute as it existed in 1977,
FRA stated that the functional approach of the HS laws meant that
``driving signal department vehicles is not covered service under the
[HS laws].'' 1977 Signal Interim Interpretations, 42 FR at 4466. At the
time that FRA published the 1977 Signal Interim Interpretations, the
limitations of the HS laws applied only to individual duty tours, so
there was little concern with individuals moving into and out of the
classification ``signal employee'' based upon the functions performed
at any given moment or within or outside of any individual duty tour.
    As noted above, in Section III.B of this document, the RSIA
amendments to the HS laws have attached more significance to the
classification of an individual as a covered service employee beyond
the boundaries of a particular duty tour. Although the functional
approach is inherent to the HS laws as they currently exist, and a
change from that approach to a status-based approach would require
additional statutory amendments, FRA nonetheless recognizes that the
functions that bring an individual employee within the scope of Sec.
21104 must be construed ``in connection with every other part or
section of the statute to produce a harmonious whole.'' \41\
---------------------------------------------------------------------------

    \41\ United States v. Uvalle-Patricio, 478 F.3d 699 (5th Cir.
2007) (internal citations omitted). See also, e.g., Bilski v.
Kappos, 130 S.Ct. 3218 (2010); Sutherland Sec.  46:5.
---------------------------------------------------------------------------

    In the RSIA, Congress added to Sec. 21104 new subsection (e), which
specifically references FMCSA's rules related to hours of service, duty
hours, and rest periods as not applying to signal employees. Although
the exclusivity provision can bear an interpretation of signal-employee
covered service as it existed prior to the RSIA, such a narrow
interpretation would allow individuals who often perform the functions
of signal employees to be subject to the regulations of FMCSA, which
seems to be contrary to the purpose of the exclusivity provision. Or,
to the extent that FMCSA has excluded such individuals from the scope
of its regulations, such employees could have no substantive Federal
limitation on the time that could be spent in the driving function,
provided that it is separated from the work of installing, repairing,
or maintaining signal systems by at least a statutory minimum off-duty
period of 10 hours, a result that is equally untenable. An alternative
reading of the exclusivity provision recognizes that Congress expressly
excluded signal employees from the application of FMCSA's regulations,
and interprets what is necessary for an individual to be a signal
employee in light of that exclusion.
    As discussed above, FRA has long understood that driving a motor
vehicle is often an integral part of performing work on signal systems.
Much of signal system installation, maintenance, and repair will
necessarily occur at track wayside locations, requiring significant
amounts of travel to and from those locations for the individuals
performing such work. Because of the immense scale of the rail network
in the United States, this driving time may sometimes be sufficiently
long that the driving is separated from the direct work on a signal
system by a statutory minimum off-duty period of 10 consecutive hours.
Under earlier FRA interpretations, FRA viewed the HS laws as not
reaching the period of time spent driving for the purposes of a
railroad if it was separated from the period of covered service by a
statutory minimum off-duty period and, therefore, not within the duty
tour.\42\ When outside of a duty tour, time spent driving by
individuals who generally

perform signal covered service was only regulated if it fell within the
regulatory jurisdiction of FMCSA and FMCSA's HS Regulations. However,
the RSIA rejected this status quo, and unequivocally stated that
``signal employees operating motor vehicles shall not be subject to any
hours of service rules . . . promulgated by any Federal authority,
including the Federal Motor Carrier Safety Administration, other than
the Federal Railroad Administration.'' Maintaining FRA's prior narrow
reading of what constitutes covered service would not fully exclude
signal employees from the reach of FMCSA's HS Regulations, since such
regulations include cumulative limits on total on-duty time and include
all compensated time as time on duty, even when not connected with time
spent driving.\43\ Congress specifically identified ``signal employees
operating motor vehicles'' as subject to the HS laws and under the
authority of FRA, and understanding the operation of a motor vehicle
for the purpose of installing, repairing, or maintaining signal systems
to be service that is ``engaged in'' those activities brings such
individuals entirely within the scope of Sec. 21104, consistent with
the statutory mandate.
---------------------------------------------------------------------------

    \42\ As discussed above, normal commuting time between an
employee's residence and his or her normal headquarters or regular
reporting point was and is considered time off duty. 42 FR 4466.
    \43\ 49 CFR 395.2, ``On-duty time.''
---------------------------------------------------------------------------

    Such an interpretation is also consistent with FRA's prior
understanding of the activities generally within the scope of a signal
employee's employment. In construing the statutory definition of what
an individual must do to be considered a ``signal employee,'' it is
appropriate to consider the actual duties generally performed by such
individuals, giving deference to the words that Congress chose to
define as well as to the definition Congress provided.\44\ Both
Congress and FRA have recognized that signal employees ``spend much of
their compensated time traveling for the carrier's purposes.'' \45\ In
discussing this issue previously, FRA noted that this fact created
difficulties in interpreting what constituted time on duty for signal
employees, and ultimately concluded that such time should be considered
potentially commingling: Time on duty if commingled with other time on
duty; and otherwise neither time on duty nor time off duty. FRA
concludes that Congress intended Sec. 21104(e) to mean unequivocally
that when these individuals are operating motor vehicles for the
purpose of installing, repairing, or maintaining signal systems, these
individuals shall be subject to the HS laws and not to FMCSA's HS
Regulations; FRA's prior construction of the term ``signal employee''
and therefore the activities performed by an individual that make the
individual subject to the HS laws, is not consistent with that
congressional intent. Although FRA's prior reading of the statutory
language was reasonable given the context of the HS laws as a whole,
that context has now changed, and FRA's construction of the term
``signal employee'' must change with it.
---------------------------------------------------------------------------

    \44\ See, e.g., Johnson v. U.S., 130 S.Ct. 1265, 1271 (2010)
(noting that Congress's choice of the words ``violent felony'' is
relevant to interpreting the meaning of the definition of ``violent
felony'' provided by Congress).
    \45\ FRA's 1977 Signal Interim Interpretations, 42 FR at 4464.
---------------------------------------------------------------------------

    Operating a motor vehicle from work site to work site is an
integral part of the duty tour for many signal employees. Failing to
recognize such operation as time on duty for signal employees,
independent of whether the operation is immediately connected with the
duty tour for which the vehicle is operated, would fail to account for
Congress's clear statement that such activity should be governed by the
HS laws. Accordingly, FRA understands an individual's operation of a
motor vehicle for the purposes of that individual's installing,
repairing, or maintaining signal systems to be service that is
``engaged in'' those activities and, therefore, signal-employee covered
service. As a consequence, such driving time by the individual is time
on duty for the purposes of Sec. 21104, regardless of whether the
individual installs, repairs, or maintains a signal system during the
same duty tour as the individual operated the motor vehicle.
    However, as clarification, individuals who do not perform
installation, repair, or maintenance of signal systems do not become
signal employees simply by virtue of operating a motor vehicle
transporting a signal employee. For instance, a driver contracted by a
railroad solely to transport signal employees would not be performing
covered service while driving, because the driver is not operating the
motor vehicle for the purpose of himself or herself installing,
repairing, or maintaining signal systems. Although operating a motor
vehicle is a frequent component of signal employee duties, it is, of
course, not exclusive to such employees. FRA also notes that an
individual's operation of any motor vehicle for the purpose of himself
or herself installing, repairing, or maintaining signal systems
constitutes signal-employee covered service; the interpretation is not
limited only to instances where the motor vehicle is a ``commercial
motor vehicle'' within the meaning of FMCSA's HS Regulations. This
distinction is relevant only to the extent that FMCSA's HS Regulations
ever apply to individuals who ordinarily perform the functions of
signal employees. As explained above, however, Congress specifically
excluded signal employees from the application of HS rules promulgated
by FMCSA, which would include FMCSA distinctions between motor
vehicles.
    FRA is aware that signal employees may sometimes drive themselves
to outlying work sites and engage in activities that are not classified
as signal-employee covered service prior to performing signal-employee
covered service. Two examples follow that illustrate the application of
FRA's new interim interpretation of ``signal employee.''
Example 10
    Facts: An individual drives himself or herself to, and attends, a
rules class at the outlying work site during one duty tour, and then
performs signal-employee covered service at the same outlying work site
during the next duty tour.
    Effect of law: Despite the intervening rules class, the
individual's drive to the outlying work site facilitated his or her
subsequent performance of signal-employee covered service, and
accordingly the driving time is time on duty subject to the FRA-
administered HS laws rather than FMCSA's HS Regulations.
    However, because the definition of ``signal employee'' is
functional, there must be some connection, even if attenuated by
intervening other activities or time off duty, between the time spent
driving and the driver's performance of other signal employee functions
in order for the time spent driving to be covered service and subject
to the HS laws rather than FMCSA's HS Regulations. Only when the
employee is driving a motor vehicle with no plausible connection to his
or her future service installing, repairing, or maintaining signal
systems is the driving time not time on duty as a signal employee. FRA
recognizes the need for clarity in terms of what time spent in such
driving is, and is not, considered time on duty; ambiguous travel time
is time on duty, whereas travel time that is clearly and definitively
not connected with proximate performance of signal employee functions
is not signal-employee covered service.
Example 11
    Facts: An individual drives from his or her headquarters at
Location A to a rules class at Location B, attends the rules class, and
then drives from Location B to Location C, where he or she repairs
signal systems at Location C.

    Effect of law: The time spent driving from the employee's
headquarters to the rules class is not signal-employee covered service,
unless it commingled with the eventual signal-employee covered service
(i.e., the drive from Location B to Location C and the repair of the
signal system at Location C), because the travel to the rules class
location is not clearly connected to the performance of signal-employee
covered service, since the employee is required to travel from the
rules class location to another location in order for the employee to
perform the covered service. In other words, assuming that neither the
drive from Location B to Location C nor the signal-employee covered
service at Location C was in the same duty tour as the rules class at
Location A, the time that the employee spent driving to the rules class
is not covered by the HS laws and is not covered by FMCSA's HS
Regulations.
    FRA acknowledges this gap in coverage for such drive times
referenced in Example 12, but believes such instances are rare. FRA
seeks comment on this aspect of its interim interpretation as well as
on all other aspects of its interim interpretation.

C. Reiteration of FRA's Longstanding Interpretations of Travel Time
Involving Signal Employees

    As a result of this interim interpretation, the treatment of the
time that signal employees spend operating motor vehicles is changing,
but, as noted above, many of the other applications of the HS laws with
respect to travel time for signal employees remain unchanged in the
statutory text and in FRA interpretations. For the sake of clarity, FRA
is briefly reiterating the agency's (and the statute's) prior and
continuing treatment of these travel times as they apply to the new
interpretation and providing any applicable supporting statutory
references.
    Travel on an on-track vehicle: Any time spent in transportation on
an on-track vehicle, including any other type of travel time discussed
below, is categorically time on duty as provided by Sec. 21104(b)(6).
    Commuting time: FRA's longstanding interpretation, which remains
unchanged, has been that normal commuting between the individual's
residence and his or her regular reporting point or headquarters
connected with the regular workday is not time on duty. Because
employees choose where to reside with respect to their regular
reporting point or headquarters, time spent commuting from the
residence to that location is not service for a railroad. Note,
however, that when an employee instead travels directly from his or her
residence to a location other than his or her regular reporting point
or headquarters, the travel time, minus the normal length of the
individual's commuting time to the regular reporting point or
headquarters, is service and, therefore, time on duty.
    Travel time following the end of scheduled duty hours: As provided
by Sec. 21104(b)(4) and (b)(5), travel time that begins either at the
end of scheduled duty hours, or when the employee is released prior to
the end of scheduled duty hours in order to comply with the HS laws, is
neither time on duty nor time off duty, regardless of whether the
employee returns to his or her headquarters or directly to his or her
residence, and regardless of whether the employee operates a motor
vehicle as part of such transportation. However, if the employee
returns to duty less than 30 minutes after the completion of travel,
the travel time is instead considered travel time during a duty tour
governed by Sec. 21104(b)(7), as discussed below.
    Travel time returning from a trouble call: As provided by Sec.
21104(b)(3), travel time returning from a trouble call is neither time
on duty nor time off duty, regardless of whether the employee returns
to his or her headquarters or directly to his or her residence, and
regardless of whether the employee operates a motor vehicle as part of
such transportation. However, if the employee returns to duty less than
30 minutes after the completion of travel, the travel time is instead
considered travel time during a duty tour as provided by Sec.
21104(b)(7).
    Other travel time: As discussed above, under FRA's new interim
interpretation, any time spent by an individual operating a motor
vehicle in order for the individual to engage in installing, repairing,
or maintaining a signal system is time on duty, regardless of whether
the period of time operating the motor vehicle is connected with the
individual's duty tour. Any other travel time, such as time spent by an
individual riding in a motor vehicle operated by someone else, during
the individual's duty tour, is potentially commingling service,
consistent with FRA's preexisting interpretation. This time spent by an
individual riding in the motor vehicle commingles with time on duty
that the individual accrued within the same duty tour and becomes time
on duty. If there is no time on duty with which the travel time can
commingle, such travel time instead becomes neither time on duty nor
time off duty.

Joseph C. Szabo,
Administrator.

Appendix A

Appendix A: Brief Summary of Major Federal Hours of Service (HS)
Requirements With Respect to Employees Who Perform One or More Types of
Covered Service: Freight Train Employees, Passenger Train Employees,
Signal Employees, and Dispatching Service Employees

----------------------------------------------------------------------------------------------------------------
                                        Freight train     Passenger train                         Dispatching
                                          employees          employees       Signal employees  service employees
----------------------------------------------------------------------------------------------------------------
Citation............................  49 U.S.C. 21103..  49 CFR part 228,   49 U.S.C. 21104..  49 U.S.C. 21105.
                                                          subpart F.
Individuals Protected by the Federal  Train employees    Train employees    Signal employees   Dispatching
 HS Requirements because of the Type   (individuals       who are engaged    (individuals       service
 of Covered Service They Perform.      engaged in or      in commuter or     engaged in         employees
                                       connected with     intercity rail     installing,        (operators,
                                       the movement of    passenger          repairing, or      train
                                       a train,           transportation.    maintaining        dispatchers, or
                                       including          (Includes a        signal systems).   any other
                                       hostlers),         train employee     See 49 U.S.C.      individual who
                                       except for train   who is engaged     21101(4).          by use of an
                                       employees who      in commuter or                        electrical or
                                       are engaged in     intercity rail                        mechanical
                                       commuter or        passenger                             device
                                       intercity rail     transportation                        dispatches,
                                       passenger          regardless of                         reports,
                                       transportation,    the nature of                         transmits,
                                       as defined in 49   the entity by                         receives, or
                                       CFR part 228,      whom the                              delivers orders
                                       subpart F, who     employee is                           related to or
                                       are instead        employed and any                      affecting train
                                       subject to that    other train                           movements). See
                                       regulation. See    employee who is                       49 U.S.C.
                                       49 U.S.C.          employed by a                         21101(2).
                                       21102(c)(3).       commuter
                                                          railroad or an
                                                          intercity
                                                          passenger
                                                          railroad.
                                                          Excludes a train
                                                          employee of
                                                          another type of
                                                          railroad who is
                                                          engaged in work
                                                          train service
                                                          even though that
                                                          work train
                                                          service might be
                                                          related to
                                                          providing
                                                          commuter or
                                                          intercity rail
                                                          passenger
                                                          transportation,
                                                          and a train
                                                          employee of
                                                          another type of
                                                          railroad who
                                                          serves as a
                                                          pilot on a train
                                                          operated by a
                                                          commuter
                                                          railroad or
                                                          intercity
                                                          passenger
                                                          railroad.) See
                                                          49 CFR
                                                          228.403(c) and
                                                          discussion under
                                                          III.A of the
                                                          Second Interim
                                                          Interpretations.
Limitations on Time on Duty in a      A railroad may     A railroad may     A railroad may     A railroad may
 Single Tour.                          not require or     not require or     not require or     not require or
                                       allow an           allow an           allow an           allow an
                                       individual to      individual to      individual to      individual to
                                       remain or go on    remain or go on    remain or go on    remain or go on
                                       duty as a          duty as a          duty as a signal   duty as a
                                       freight train      passenger train    employee in        dispatching
                                       employee in        employee in        excess of 12       service employee
                                       excess of 12       excess of 12       hours or if the    for more than 9
                                       hours or if the    hours or if the    individual has     hours in a 24-
                                       individual has     individual has     not had at least   hour period at a
                                       not had at least   not had at least   10 consecutive     place at which
                                       10 consecutive     8 consecutive      hours off duty     at least 2
                                       hours off duty     hours off duty     during the prior   shifts are
                                       during the prior   during the prior   24 hours.          employed or for
                                       24 hours.          24 hours, or 10                       more than 12
                                                          consecutive                           hours in a 24-
                                                          hours off duty                        hour period at a
                                                          during the prior                      place where only
                                                          24 hours if the                       one shift is
                                                          individual has                        employed.
                                                          been on duty for
                                                          12 consecutive
                                                          hours.
End of Duty Tour....................  Duty tour ends at  Duty tour ends at  Duty tour ends at  Not applicable;
                                       beginning of       beginning of       beginning of       any service for
                                       statutory          statutory          statutory          the railroad
                                       minimum off-duty   minimum off-duty   minimum off-duty   within 24 hours
                                       period.            period.            period.            of time on duty
                                                                                will commingle
                                                                                with that time
                                                                                on duty.
Duration and Any Other Conditions of  10 consecutive     8 consecutive      10 consecutive     No express
 Minimum Off-Duty Period Between Two   hours, required    hours; 10          hours, required    minimum.
 Duty Tours.                           to be              consecutive        to be
                                       uninterrupted by   hours if the       uninterrupted by
                                       any                employee has       any
                                       communication by   been on duty for   communication by
                                       the railroad       12 consecutive     the railroad
                                       reasonably         hours.             reasonably
                                       expected to                           expected to
                                       disrupt the                           disrupt the
                                       employee's rest.                      employee's rest.
                                      Additional time
                                       off duty is
                                       required when
                                       the total of
                                       time on duty and
                                       time waiting for
                                       deadhead
                                       transportation
                                       or in deadhead
                                       transportation
                                       from a duty
                                       assignment to
                                       the place of
                                       final release
                                       that is not time
                                       off duty exceeds
                                       12 consecutive
                                       hours, which
                                       must also be
                                       uninterrupted..
Duration and Any Other Conditions of  At least 4 hours   At least 4 hours   At least 30        At least 1 hour
 Minimum Off-Duty Period Within a      of time off duty   of time off duty   minutes of time    of time off
 Duty Tour.                            at the             at the             off duty.          duty.
                                       individual's       individual's
                                       designated         designated
                                       terminal,          terminal.
                                       required to be
                                       uninterrupted by
                                       any
                                       communication by
                                       the railroad
                                       reasonably
                                       expected to
                                       disrupt the
                                       employee's rest.

Limitations on Consecutive Duty       A railroad may     A railroad may     None.............  None.
 Tours and Requirements for Extended   not require or     not require or
 Rest.                                 allow an           allow an
                                       individual to      individual to
                                       remain or go on    remain or go on
                                       duty as a          duty as a
                                       freight train      passenger train
                                       employee after     employee if the
                                       initiating an on-  individual has
                                       duty period on     initiated an on-
                                       six consecutive    duty period each
                                       days without       day on 13 or
                                       receiving 48       more consecutive
                                       consecutive        calendar days in
                                       hours off duty     the series of at
                                       and free from      most 14
                                       any service for    consecutive
                                       any railroad at    calendar days
                                       the individual's   until the
                                       home terminal.     individual has
                                       (See definition    had at least two
                                       of ``day'' and     consecutive
                                       explanation of     calendar days on
                                       ``consecutive      which he or she
                                       day'' below.)      does not
                                       Individuals are    initiate an on-
                                       permitted to       duty period.
                                       initiate an on-   May not remain or
                                       duty period as a   go on duty as a
                                       freight train      passenger train
                                       employee on a      employee if the
                                       seventh            individual has
                                       consecutive day    initiated an on-
                                       when the           duty period each
                                       individual ends    day on six or
                                       the sixth          more consecutive
                                       consecutive day    calendar days
                                       at the away-from-  including one or
                                       home terminal,     more Type 2
                                       as part of a       assignments
                                       pilot project,     until the
                                       or as part of a    individual has
                                       collectively       had at least 24
                                       bargained          consecutive
                                       agreement          hours of time
                                       entered into       off duty. For
                                       prior to April     definition of
                                       16, 2010 that      ``Type 2
                                       expressly          assignment,''
                                       provides for       see 49 CFR 228.5
                                       such a schedule.   or footnote 32
                                       An individual      of the Second
                                       performing         Interim
                                       service on this    Interpretations..
                                       additional day    During this time
                                       must receive 72    off duty, the
                                       consecutive        individual must
                                       hours free from    be at his or her
                                       any service for    home terminal
                                       any railroad at    and unavailable
                                       his or her home    for any service
                                       terminal before    for any
                                       going on duty      railroad..
                                       again as a        If the employee
                                       freight train      is not at his or
                                       employee.          her home
                                                          terminal when
                                                          this time off
                                                          duty is
                                                          required, the
                                                          employee may
                                                          either deadhead
                                                          to the point of
                                                          final release at
                                                          the employee's
                                                          home terminal or
                                                          initiate an on-
                                                          duty period in
                                                          order to return
                                                          to the
                                                          employee's home
                                                          terminal either
                                                          on the same
                                                          calendar day or
                                                          the next
                                                          consecutive
                                                          calendar day
                                                          after the
                                                          completion of
                                                          the duty tour
                                                          triggering the
                                                          rest
                                                          requirement..
Monthly Cumulative Limitations......  A railroad may     None.............  None.............  None.
                                       not require or
                                       allow an
                                       individual to
                                       remain or go on
                                       duty, wait for
                                       or be in
                                       deadhead
                                       transportation
                                       to the point of
                                       final release,
                                       or be in any
                                       other mandatory
                                       service for the
                                       carrier in any
                                       calendar month
                                       where the
                                       employee has
                                       spent a total of
                                       276 hours on
                                       duty, waiting
                                       for or in
                                       deadhead
                                       transportation
                                       from a duty
                                       assignment to
                                       the place of
                                       final release,
                                       or in any other
                                       mandatory
                                       service for the
                                       carrier.
                                      A railroad may
                                       not require or
                                       allow an
                                       individual to
                                       exceed a total
                                       of 30 hours per
                                       calendar month
                                       spent waiting
                                       for or in
                                       deadhead
                                       transportation
                                       from a duty
                                       assignment to
                                       the place of
                                       final release
                                       following a
                                       period of 12
                                       consecutive
                                       hours on duty
                                       that is neither
                                       time on duty nor
                                       time off duty,
                                       not including
                                       interim rest
                                       periods, except
                                       in the
                                       circumstances
                                       stated..

Definition of ``Time Neither On Duty  Time spent in      Time spent in      Time spent         None.
 nor Off Duty''.                       deadhead           deadhead           returning from a
                                       transportation     transportation     trouble call,
                                       from a duty        from a duty        whether the
                                       assignment to      assignment to      individual goes
                                       the place of       the place of       directly to the
                                       final release.     final release.     employee's
                                                                             residence or by
                                                                             way of the
                                                                             employee's
                                                                             headquarters.
                                                                            Time after
                                                                             scheduled duty
                                                                             hours
                                                                             necessarily
                                                                             spent in
                                                                             completing the
                                                                             trip directly to
                                                                             the individual's
                                                                             residence or to
                                                                             the individual's
                                                                             headquarters, if
                                                                             the individual
                                                                             has not
                                                                             completed the
                                                                             trip from the
                                                                             final outlying
                                                                             worksite of the
                                                                             duty period at
                                                                             the end of
                                                                             scheduled duty
                                                                             hours, or if the
                                                                             individual is
                                                                             released from
                                                                             duty at an
                                                                             outlying
                                                                             worksite before
                                                                             the end of the
                                                                             individual's
                                                                             scheduled duty
                                                                             hours to comply
                                                                             with 49 U.S.C.
                                                                             21104..
                                                                            However, time
                                                                             spent in
                                                                             transportation
                                                                             on an on-track
                                                                             vehicle is time
                                                                             on duty..
Emergencies in General..............  A freight train    A passenger train  A signal employee  A dispatching
                                       employee on the    employee on the    may be allowed     service employee
                                       crew of a wreck    crew of a wreck    to remain or go    may be allowed
                                       or relief train    or relief train    on duty for no     to remain or go
                                       may be allowed     may be allowed     more than 4        on duty for no
                                       to remain or go    to remain or go    additional hours   more than 4
                                       on duty for no     on duty for no     in any period of   additional hours
                                       more than 4        more than 4        24 consecutive     during a period
                                       additional hours   additional hours   hours when an      of 24
                                       in any period of   in any period of   emergency exists   consecutive
                                       24 consecutive     24 consecutive     and the work of    hours for no
                                       hours when an      hours when an      that employee is   more than 3 days
                                       emergency exists   emergency exists   related to the     during a period
                                       and the work of    and the work of    emergency.         of 7 consecutive
                                       the crew is        the crew is        Routine repairs,   days.
                                       related to the     related to the     routine
                                       emergency.         emergency.         maintenance, or
                                                                             routine
                                                                             inspection of
                                                                             signal systems
                                                                             is not an
                                                                             emergency that
                                                                             allows for
                                                                             additional time
                                                                             on duty.
Explanation of the End of an          The emergency      The emergency      The emergency      None.
 Emergency.                            ends when the      ends when the      ends when the
                                       track is cleared   track is cleared   signal system is
                                       and the railroad   and the railroad   restored to
                                       line is open for   line is open for   service.
                                       traffic.           traffic.
Definition of ``Day'' and             24 consecutive     Calendar days;     Not Applicable...  Not Applicable
 ``Consecutive Day''.                  hours; two         two calendar                          Except in
                                       initiations of     days are                              Context of
                                       an on-duty         consecutive if                        Emergency
                                       period are on      adjacent to one                       Provision.
                                       consecutive days   another.
                                       where they are
                                       separated by
                                       less than 24
                                       hours of time
                                       off duty,
                                       measured from
                                       the time of the
                                       employee's final
                                       release from
                                       duty until the
                                       time that the
                                       employee next
                                       reports for duty.
Explicit Use of Fatigue Science.....  None.............  Passenger train    None.............  None.
                                                          employees' work
                                                          schedules must
                                                          be analyzed
                                                          under an FRA-
                                                          approved
                                                          validated
                                                          biomathematical
                                                          fatigue model,
                                                          with the
                                                          exception of
                                                          certain
                                                          schedules deemed
                                                          as categorically
                                                          presenting an
                                                          acceptable level
                                                          of risk for
                                                          fatigue that
                                                          does not violate
                                                          the defined
                                                          fatigue
                                                          threshold.
Specific Rules for Nighttime          None.............  Schedules that     None.............  None.
 Operations.                                              include any time
                                                          on duty between
                                                          8 p.m. and 4
                                                          a.m. must be
                                                          analyzed using a
                                                          validated
                                                          biomathematical
                                                          model of human
                                                          performance and
                                                          fatigue approved
                                                          by FRA.
                                                          Schedules with
                                                          excess risk of
                                                          fatigue must be
                                                          mitigated or
                                                          supported by a
                                                          determination
                                                          that mitigation
                                                          is not possible
                                                          and the schedule
                                                          is operationally
                                                          necessary and
                                                          approved by FRA.

Specific Rules for Unscheduled        None.............  The potential for  None.............  None.
 Assignments.                                             fatigue
                                                          presented by
                                                          unscheduled work
                                                          assignments must
                                                          be mitigated as
                                                          part of a
                                                          railroad's FRA-
                                                          approved fatigue
                                                          mitigation plan.
                                                          Plans must be
                                                          submitted for
                                                          FRA review and
                                                          approval, along
                                                          with the
                                                          associated
                                                          schedules
                                                          requiring
                                                          mitigation.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2013-23151 Filed 9-23-13; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 84, Number 154 (Friday, August 9, 2019)]
[Rules and Regulations]
[Page 39187]
[FR Doc No: 2019-16885]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 524 and 558

[Docket No. FDA-2019-N-0002]

New Animal Drugs; Withdrawal of Approval of New Animal Drug
Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of withdrawal.

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

SUMMARY: The Food and Drug Administration (FDA) is withdrawing approval
of two new animal drug applications (NADAs) at the sponsors' request
because these products are no longer manufactured or marketed.

DATES: Withdrawal of approval is effective August 19, 2019.

FOR FURTHER INFORMATION CONTACT: Sujaya Dessai, Center for Veterinary
Medicine (HFV-212), Food and Drug Administration, 7519 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Boehringer Ingelheim Animal Health USA Inc.,
3239 Satellite Blvd., Duluth, GA 30096, has requested that FDA withdraw
approval of NADA 141-054 for use of LINCOMIX (lincomycin hydrochloride)
and IVOMEC (ivermectin) Type A medicated articles in the manufacture of
2-way, combination drug Type C medicated swine feeds because the
product is no longer manufactured or marketed.
    Also, Elanco US Inc., 2500 Innovation Way, Greenfield, IN 46140,
has requested that FDA withdraw approval of NADA 141-337 for use of
RECOVYRA (fentanyl) Transdermal Solution for Dogs because the product
is no longer manufactured or marketed.
    Therefore, under authority delegated to the Commissioner of Food
and Drugs and in accordance with Sec.  514.116 Notice of withdrawal of
approval of application (21 CFR 514.116), notice is given that approval
of NADAs 141-054 and NADA 141-337, and all supplements and amendments
thereto, is hereby withdrawn, effective August 19, 2019.
    Elsewhere in this issue of the Federal Register, FDA is amending
the animal drug regulations to reflect the voluntary withdrawal of
approval of these applications.

    Dated: August 1, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-16885 Filed 8-8-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: February 7, 2007 (Volume 72, Number 25)]
[Notices]
[Page 5704-5705]
[DOCID:fr07fe07-83]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0661; FRL-8111-4]

Chloropicrin Risk Assessments (Phase 3 of 6-Phase Process) Notice
of Availability; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; Extension of comment period.

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

SUMMARY: EPA issued a notice in the Federal Register of November 29,
2006 announcing the availability of EPA's human health and
environmental fate and effects risk assessments and related documents
for the fumigant, chloropicrin. The comment period for the notice ended
on January 29, 2007. Subsequently, EPA extended the comment period
until February 23, 2007. With this action, EPA is extending the comment
period for an additional 5 days.

DATES: Comments, identified by Docket identification (ID) number EPA-
HQ-OPP-2006-0661, must be received on or before February 28, 2007.

ADDRESSES: Follow the detailed instructions as provided under ADDRESSES
in the Federal Register of November 29, 2006 (71 FR 69112).

FOR FURTHER INFORMATION CONTACT:  Nathan Mottl, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    The Agency included in the notice of availability a list of those
who may be potentially affected by this action. If you have questions
regarding the applicability of this action to a particular entity,
consult the person listed under FOR FURTHER INFORMATION CONTACT.

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

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2006-0061. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard

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

II. What Does this Action Do?

    This notice is extending the comment period on EPA's notice of
availability of human health and environmental fate and effects risk
assessments and related documents for the fumigant, chloropicrin. The
notice of availability was published in the Federal Register on
November 29, 2006. The comment period for the notice of availability
ended on January 29, 2007. Subsequently, EPA extended the comment
period until February 23, 2007 (72 FR 3130, January 24, 2007). However,
EPA had intended to give a full 90 days for those interested in
commenting on these documents. Therefore, EPA is extending the comment
period for an additional 5 days to allow for the full 90-day comment
period. The comment period now ends on February 28, 2007.

III. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), as amended, directs that, after submission of all data
concerning a pesticide active ingredient, the Administrator shall
determine whether pesticides containing such active ingredient are
eligible for reregistration. Further provisions are made to allow a
public comment period. However, the Administrator may extend the
comment period, if additional time for comment is requested. In this
case, several stakeholders have requested additional time to develop
comments. The Agency believes that an additional 30 days is adequate.

List of Subjects

    Environmental protection, Environmental Protection, Fumigants,
Pesticides, and pests.

    Dated: January 31, 2007.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E7-2001 Filed 2-6-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Notices]
[Page 34407]
[FR Doc No: 2019-15236]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4434-DR; Docket ID FEMA-2019-0001]

California; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of California (FEMA-4434-DR), dated May 17, 2019, and
related determinations.

DATES: This amendment was issued June 24, 2019.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of California is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of May 17, 2019.

Yolo County for Public Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-15236 Filed 7-17-19; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Notices]
[Pages 45250-45252]
[FR Doc No: 2015-18539]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75514; File No. SR-NASDAQ-2015-084]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify NASDAQ Rule 7014(g) Concerning Rebates Available Under the NBBO
Program

July 23, 2015.
    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 July 16, 2015, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend NASDAQ Rule 7014(g) concerning
rebates available under the NBBO Program. The Exchange will implement
the new rebate on July 17, 2015.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.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 Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    NASDAQ is proposing to add a new $0.0004 per share executed credit
in securities listed on NYSE, which would be available to any member
that provides shares of liquidity in all securities through one or more
of its Nasdaq Market Center MPIDs (``MPIDs'') that represent 0.50% or
more of Consolidated Volume \3\ during the month. The NBBO Program
provides a per share executed rebate \4\ with respect to all other
displayed orders (other than Designated Retail Orders, as defined in
NASDAQ Rule 7018) in securities priced at $1 or more per share that
provide liquidity and establish the NBBO. Currently, NASDAQ offers a
$0.0002 per share executed credit to a member that either: (1) Executes
shares of liquidity provided in all securities through one or more of
its MPIDs that represents 0.475% or more of Consolidated Volume during
the month; or (2) add [sic] NOM Market Maker liquidity, as defined in
Chapter XV, Section 2 of the Nasdaq Options Market rules, in Penny
Pilot Options and/or Non-Penny Pilot Options above 0.90% of total
industry customer equity and ETF option ADV contracts per day in a
month. Thus, the NBBO program provides an incentive to members to
improve the quality of the market by rewarding members that provide
significant market-improving order flow with a credit.
---------------------------------------------------------------------------

    \3\ Consolidated Volume is the total consolidated volume
reported to all consolidated transaction reporting plans by all
exchanges and trade reporting facilities during a month in equity
securities, excluding executed orders with a size of less than one
round lot. For purposes of calculating Consolidated Volume and the
extent of a member's trading activity, expressed as a percentage of
or ratio to Consolidated Volume, the date of the annual
reconstitution of the Rusell Investments Indexes shall be excluded
from both total Consolidated Volume and the member's trading
activity. See Rule 7018. For purposes of the proposed tier, the
Exchange will calculate Consolidated Volume during the first month
that it is implemented based on only the day during that month that
the rebate is available.
    \4\ The rebate is provided in addition to any rebate or credit
payable under NASDAQ Rule 7018(a) and the Investor Support Program
(``ISP'') and Qualified Market Maker (``QMM'') Program under NASDAQ
Rule 7014.
---------------------------------------------------------------------------

    The proposed new rebate, which is provided in lieu of the current
rebate, is designed to further improve the market by providing members
with a higher credit as incentive to provide a greater level of
Consolidated Volume to NASDAQ and to quote aggressively in Tape A
securities. In this regard, the proposed new credit will apply to all
other displayed orders (other than Designated Retail Orders, as defined
in NASDAQ Rule 7018) in securities listed on NYSE (``Tape A'') priced
at $1 or more per share that provide liquidity and establish the NBBO.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\5\ in general, and with
Sections 6(b)(4) and 6(b)(5) of the Act,\6\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which the Exchange operates or controls, and is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, 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; and is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed change to amend Rule
7014(g) is reasonable because it provides an opportunity for members
that qualify to receive a rebate of $0.0004 per share executed for all
other displayed orders (other than Designated Retail Orders, as defined
in Rule 7018) in Tape A securities priced at $1 or more per share that
provide liquidity and establish the NBBO.\7\ Thus the rebate provides
incentive to members to provide aggressively priced orders in Tape A
securities that improve the market by setting the NBBO. Requiring a
higher level of Consolidated Volume than the lower $0.0002 per share
executed tier is consistent with incentivizing member to provide
greater market improving activity in the form of Consolidated Volume in
return for eligibility for a higher credit. The Exchange believes that
it is reasonable to limit the higher credit to Tape A securities
because it desires to improve the market on NASDAQ in Tape A securities
in terms of setting the NBBO, which is currently not as robust as price
setting in non-Tape A securities.
---------------------------------------------------------------------------

    \7\This is similar to other programs originating from BATS
Global Markets 2011 filing. See Securities Exchange Act Release No.
73967 (January 3, 2011), 80 FR 594 (January 7, 2011) (SR-BATS-2010-
038.
---------------------------------------------------------------------------

    NASDAQ believes the proposed change is equitable and not unfairly
discriminatory because the $0.0004 per share executed rebate under the
NBBO Program is available to all members on an equal basis and provides
a rebate for activity that improves the Exchange's market quality
through increased activity and by encouraging the setting of the NBBO.
In this regard, the NBBO Program encourages higher levels of liquidity
provision into the price discovery process and is consistent with the
overall goals of enhancing market quality. Also, the Exchange believes
that the qualification requirement for the new tier is equitable and
not unfairly discriminatory because it represents an increased yet
attainable level for members to achieve and to qualify for this higher
rebate. In addition, the Exchange notes that the new eligibility
standard for the tier, which requires a member to execute shares of
liquidity provided in all securities through one or more of its MPIDs
that represents 0.50% or more of Consolidated Volume during the month,
represents a lower Consolidated Volume requirement than the QMM
Program, which requires at least 0.70% of Consolidated Volume to
qualify under the lowest credit tier.\8\ The Exchange believes the
proposed qualification standard is equitable and not unfairly
discriminatory because the NBBO Program rebates do not apply to all
shares of liquidity provided, and thus the Consolidated Volume
threshold is set lower.
---------------------------------------------------------------------------

    \8\See Rule 7014(e).
---------------------------------------------------------------------------

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

    NASDAQ does not believe that the proposed rule changes [sic] will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.\9\
NASDAQ notes that it operates in a highly competitive market in which
market participants can readily favor competing venues if they deem fee
levels at a particular venue to be excessive, or rebate opportunities
available at other venues to be more favorable. In such an environment,
NASDAQ must continually adjust its fees to remain competitive with
other exchanges and with alternative trading systems that have been
exempted from compliance with the statutory standards applicable to
exchanges. Because competitors are free to modify their own fees in
response, and because market participants may readily adjust their

order routing practices, NASDAQ believes that the degree to which fee
changes in this market may impose any burden on competition is
extremely limited. In this instance, NASDAQ is proposing to enhance the
NBBO Program with an additional and higher rebate opportunity in Tape A
securities in return for market improving participation. Consequently,
the proposed changes do not impose a burden on competition because the
proposed rebate, and incentive programs generally, are reflective of
the need for exchanges to offer financial incentives to attract order
flow and to let such financial incentives evolve in response to
competition. Accordingly, while the Exchange does not believe that the
proposed change will result in any burden on competition, if the change
proposed herein are unattractive to market participants it is likely
that NASDAQ will lose market share as a result.
---------------------------------------------------------------------------

    \9\U.S.C. 78f(b)(8)
---------------------------------------------------------------------------

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\10\
---------------------------------------------------------------------------

    \10\15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2015-084 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2015-084. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices 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 o File Number SR-NASDAQ-2015-
084, and should be submitted on or before August 19, 2015.
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-18539 Filed 7-28-15; 8:45 am]
BILLING CODE 8011-01-P