[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Notices]
[Pages 2160-2162]
[FR Doc No: 2023-00442]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0442; FMCSA-2015-0116; FMCSA-2015-0323; FMCSA-
2016-0007; FMCSA-2018-0053]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

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

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SUMMARY: FMCSA announces its decision to renew exemptions for six
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before February
13, 2023.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2013-0442, Docket No. FMCSA-2015-
0116, Docket No. FMCSA-2015-0323, Docket No. FMCSA-2016-0007, or Docket
No. FMCSA-2018-0053 using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number (FMCSA-2013-0442, FMCSA-2015-0116, FMCSA-2015-
0323, FMCSA-2016-0007, or FMCSA-2018-0053) in the keyword box and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, and click on the ``Comment'' button. Follow
the online instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC 20590-0001 between 9 a.m. and
5 p.m. ET Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2013-0442, Docket No. FMCSA-2015-0116, Docket
No. FMCSA-2015-0323, Docket No. FMCSA-2016-0007, or Docket No. FMCSA-
2018-0053), indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so that
FMCSA can contact you if there are questions regarding your submission.
    To submit your comment online, go to www.regulations.gov/, insert
the docket number (FMCSA-2013-0442, FMCSA-2015-0116, FMCSA-2015-0323,
FMCSA-2016-0007, or FMCSA-2018-0053) in the keyword box and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, click the ``Comment'' button, and type your
comment into the text box on the following screen. Choose whether you
are submitting your comment as an individual or on behalf of a third
party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. FMCSA will consider all comments and
material received during the comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number (FMCSA-2013-0442, FMCSA-2015-0116, FMCSA-2015-0323, FMCSA-2016-
0007, or FMCSA-2018-0053) in the keyword box and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call (202) 366-

9317 or<PHONE_NUMBER> before visiting Dockets Operations.

C. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption request. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of
the submitter.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statutes also allow the Agency to renew exemptions at
the end of the 5-year period. However, FMCSA grants medical exemptions
from the FMCSRs for a 2-year period to align with the maximum duration
of a driver's medical certification.
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce.
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    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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    The six individuals listed in this notice have requested renewal of
their exemptions from the epilepsy and seizure disorders prohibition in
Sec.  391.41(b)(8), in accordance with FMCSA procedures. Accordingly,
FMCSA has evaluated these applications for renewal on their merits and
decided to extend each exemption for a renewable 2-year period.

III. Request for Comments

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

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the six
applicants has satisfied the renewal conditions for obtaining an
exemption from the epilepsy and seizure disorders prohibition. The six
drivers in this notice remain in good standing with the Agency, have
maintained their medical monitoring and have not exhibited any medical
issues that would compromise their ability to safely operate a CMV
during the previous 2-year exemption period. In addition, for
commercial driver's license (CDL) holders, the Commercial Driver's
License Information System and the Motor Carrier Management Information
System are searched for crash and violation data. For non-CDL holders,
the Agency reviews the driving records from the State Driver's
Licensing Agency. These factors provide an adequate basis for
predicting each driver's ability to continue to safely operate a CMV in
interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each renewal applicant for a period of 2 years is likely
to achieve a level of safety equal to that existing without the
exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of December
and are discussed below.
    As of December 3, 2022, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers:

Ricky Alegre (NJ)
Michael Grant (SC)
Thomas Mitchell (MS)
Joseph Thomas (MD)

    The drivers were included in docket number FMCSA-2013-0442, FMCSA-
2016-0007, or FMCSA-2018-0053. Their exemptions were applicable as of
December 3, 2022 and will expire on December 3, 2024.
    As of December 16, 2022, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers:

Charles Gray (OK) and Kyle Loney (WA).

    The drivers were included in docket number FMCSA-2015-0116 or
FMCSA-2015-0323. Their exemptions were applicable as of December 16,
2022 and will expire on December 16, 2024.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) each driver must remain seizure-free and maintain a stable
treatment during the 2-year exemption period; (2) each driver must
submit annual reports from their treating physicians attesting to the
stability of treatment and that the driver has remained seizure-free;
(3) each driver must undergo an annual medical examination by a
certified ME, as defined by Sec.  390.5; and (4) each driver must
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file, or keep a copy of his/her
driver's qualification file if he/she is self-employed. The driver must
also have a copy of the exemption when driving, for presentation to a
duly authorized Federal, State, or local enforcement official. The
exemption will be rescinded if: (1) the person fails to comply with the
terms and conditions of the exemption; (2) the exemption has resulted
in a lower level of safety than was maintained before it was granted;
or (3) continuation of the exemption would not be consistent with the
goals and objectives of 49 U.S.C. 31136(e) and 31315(b).

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based on its evaluation of the six exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the epilepsy
and seizure disorders prohibition in Sec.  391.41(b)(8). In accordance
with 49 U.S.C. 31136(e) and 31315(b), each exemption will be

valid for 2 years unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-00442 Filed 1-11-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 59 (Tuesday, March 27, 2012)]
[Proposed Rules]
[Pages 18151-18157]
[FR Doc No: 2012-7344]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 155

[Docket No. USCG-2011-0430, Formerly CGD 90-068]
RIN 1625-AA02, Formerly 2115-AD66

Discharge Removal Equipment for Vessels Carrying Oil

AGENCY: Coast Guard, DHS.

ACTION: Notice of intent to finalize with request for comments.

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SUMMARY: The Coast Guard is advising the public of its intent to
finalize regulations previously published as an interim final rule on
December 22, 1993. The interim final rule was published to reduce the
risk of oil spills, improve vessel oil spill response capabilities, and
minimize the impact of oil spills on the environment, but certain
portions of the interim final rule were never published as a final
rule. Because of the lapse in time since the interim final rule's
publication, the Coast Guard is seeking comments from the public before
finalizing those portions of the interim final rule.

DATES: Comments must be received on or before May 29, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0430 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Mr. David Du Pont, Office of Standards Evaluation and
Development (CG-523), U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Ms. Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents for Notice

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Basis and Purpose
    A. Statutory and Regulatory History
    B. Why is this notice of intent necessary?
IV. Summary of Regulations in the IFR
V. Subsequent Changes to the IFR Regulations
VI. Discussion of Comments
    A. Comments on Specific Sections in the IFR
    B. General Comments
VII. Supporting Analyses
    A. Regulatory Assessment
    B. Environment
VIII. Intent To Finalize; Request for Comments

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-0430), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Notice'' and insert ``USCG-2011-0430'' in the ``Keyword'' box. Click
``Search'' then click on the balloon shape in the ``Actions'' column.
If you submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the final
rule based on your comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-0430'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
If you do not have access to the Internet, you may also visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.

C. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

D. Public Meeting

    We do not now plan to hold a public meeting, but you may submit a
request for one on or before April 26, 2012 using one of the four
methods specified under the ADDRESSES section above. Please explain why
you believe a public meeting would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register. Such a notice will
also include contact information for requests regarding facilities or
services for individuals with disabilities or special assistance at the
public meeting.

II. Abbreviations

CFR Code of Federal Regulations
COI Certificate of Inspection
DRE Discharge removal equipment
EA Environmental Assessment
FONSI Finding of No Significant Impact
FR Federal Register
IFR Interim final rule
IMO International Maritime Organization
NAICS North American Industry Classification System
NEPA National Environmental Policy Act of 1969 (NEPA) (42 U.S.C.
4321-4370f)
NOI Notice of intent
OPA 90 Oil Pollution Act of 1990 (Public Law 101-380, 104 Stat. 484,
August 18, 1990)
OSRO Oil spill removal organization
OSRV Oil spill response vessel
RE Regulatory Evaluation (aka Regulatory Assessment)
Sec.  Section symbol
U.S.C. United States Code

III. Basis and Purpose

A. Statutory and Regulatory History

    Section 4202(a)(6) of the Oil Pollution Act of 1990 (OPA 90) (Pub.
L. 101-380; 104 Stat. 484; August 18, 1990) amended section 311(j) of
the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) by, among
other things, adding a new paragraph (6) to require vessels operating
on the navigable waters of the United States and carrying oil or a
hazardous substance in bulk as cargo to carry appropriate discharge
removal equipment (DRE) on board.
    On August 30, 1991, the Coast Guard published an advance notice of
proposed rulemaking to solicit information to assist the Coast Guard in
development of proposed rules that implement the OPA 90 mandate for
DRE.\1\ On September 29, 1992, the Coast Guard published a notice of
proposed rulemaking that proposed to establish DRE regulations.\2\ On
December 22, 1993 the Coast Guard published an interim final rule (IFR)
that established DRE requirements for on-deck spills, and also required
vessels to install spill prevention coamings, to install emergency
towing arrangements, and to have a prearranged capability to calculate
damage stability in the event of a casualty.\3\
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    \1\ 56 FR 43534 (Aug. 30, 1991).
    \2\ 57 FR 44912 (Sept. 29, 1992).
    \3\ 58 FR 67988 (Dec. 22, 1993).
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    In addition to the above documents, the Coast Guard has published
several DRE-related notices and technical amendments throughout the
course of this rulemaking. The complete regulatory history of the DRE
rulemaking is summarized below.

----------------------------------------------------------------------------------------------------------------
            Document type                Federal Register cite     Date published             Comments
----------------------------------------------------------------------------------------------------------------
Advance notice of proposed rulemaking  56 FR 43534.............          8/30/1991  Requested comments and
                                                                                information to help develop
                                                                                response plans for all
                                                                                vessels carrying oil as
                                                                                cargo and carriage and
                                                                                inspection of discharge-
                                                                                removal equipment.

Notice of intent to form a negotiated  56 FR 58202.............         11/18/1991  Consideration was given to
 rulemaking committee.                                                               establishing a negotiated
                                                                                rulemaking committee to
                                                                                develop part of the
                                                                                regulations to be issued
                                                                                under OPA 90.
Notice of intent to form a negotiated  56 FR 60949.............         11/29/1991  Clarified list of groups
 rulemaking committee; supplemental                                                  that would be affected by
 notice and clarification.                                                           the rulemaking.
Notice of meeting of negotiated        56 FR 66611.............         12/24/1991  Announced first public
 rulemaking committee on oil spill                                                   meeting of committee to be
 response plans.                                                                     January 8-10, 1992.
Notice of meetings of negotiated       57 FR 1890..............          1/16/1992  A schedule of four committee
 rulemaking committee on oil spill                                                   meetings was released; a
 response plans and finalization of                                                  previously scheduled
 committee membership.                                                               meeting was cancelled and
                                                                                two additions were made to
                                                                                the list of committee
                                                                                participants.
Notice of additional meetings of the   57 FR 9402..............          3/18/1992  Announced the addition of a
 Oil Spill Response Plan Negotiated                                                  committee meeting on March
 Committee.                                                                          26, 1992.
Notice of proposed rulemaking........  57 FR 44912.............          9/29/1992  Proposed requirement for
                                                                                vessels carrying oil in
                                                                                bulk as cargo.
Proposed rule; extension of comment    57 FR 48489.............         10/26/1992  Extended comment period
 period.                                                                             ended November 16, 1992.
IFR..................................  58 FR 67988.............         12/22/1993  Established requirements for
                                                                                vessels carrying oil in
                                                                                bulk as cargo; also
                                                                                required vessels to have
                                                                                pre-arranged capability to
                                                                                calculate damage stability
                                                                                in case of a casualty. Rule
                                                                                also sought further
                                                                                comments and information on
                                                                                emerging technology to help
                                                                                prevent, contain, or remove
                                                                                oil discharges from
                                                                                vessels. Comment period
                                                                                ended February 22, 1994.
                                                                                IFR effective on January
                                                                                21, 1994.
IFR correction.......................  59 FR 3749..............          1/26/1994  Four corrections made to IFR
                                                                                (58 FR 67988).
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B. Why is this notice of intent necessary?

    The Coast Guard is advising the public of our intent to finalize
regulations previously published as an IFR on December 22, 1993. The
IFR was never published as a final rule. Because of the lapse in time
since the IFR's publication, the Coast Guard is seeking comments from
the public before issuing a final rule.

IV. Summary of Regulations in the IFR

    Below is a list of the sections in Title 33 of the Code of Federal
Regulations (CFR) part 155 that were amended or added by the DRE IFR.

------------------------------------------------------------------------
         Section No.                  Title               Amendment
------------------------------------------------------------------------
Sec.   155.140..............  Incorporation by      Revised paragraph
                               reference.            (a); in paragraph
                                                     (b), added an entry
                                                     for International
                                                     Maritime
                                                     Organization (IMO)
                                                     Resolution
                                                     A.535(13).
Sec.   155.200..............  Definitions.........  Added new section to
                                                     subpart B.
Sec.   155.205..............  Discharge removal     Added new section to
                               equipment for         subpart B.
                               vessels 400 feet or
                               greater in length.
Sec.   155.210..............  Discharge removal     Added new section to
                               equipment for         subpart B.
                               vessels less than
                               400 feet in length.
Sec.   155.215..............  Discharge removal     Added new section to
                               equipment for         subpart B.
                               inland oil barges.
Sec.   155.220..............  Discharge removal     Added new section to
                               equipment for         subpart B.
                               vessels carrying
                               oil as secondary
                               cargo.
Sec.   155.225..............  Internal cargo        Added new section to
                               transfer capability.  subpart B.
Sec.   155.230..............  Emergency towing      Added new section to
                               capability for oil    subpart B.
                               barges.
Sec.   155.235..............  Emergency towing      Added new section to
                               capability for oil    subpart B.
                               tankers.
Sec.   155.240..............  Damage stability      Added new section to
                               information for oil   subpart B.
                               tankers and
                               offshore oil barges.
Sec.   155.245..............  Damage stability      Added new section to
                               information for       subpart B.
                               inland oil barges.
Sec.   155.310..............  Containment of oil    Revised the section
                               and hazardous         heading and the
                               material cargo        introductory text
                               discharges.           to paragraph (b);
                                                     added paragraphs
                                                     (c) and (d).
------------------------------------------------------------------------

V. Subsequent Changes to the IFR Regulations

    Since the publication of the IFR, a number of separate rulemaking
projects and technical amendments have modified the sections amended or
added by the IFR. These subsequent amendments were finalized after
notice in the Federal Register and an opportunity for public comment.
Accordingly, these subsequent amendments are not the subject of this
notice of intent (NOI). The subject of this NOI is limited to those
portions of the IFR that have not yet been finalized.
    A summary of the subsequent amendments follows.

------------------------------------------------------------------------
                                 Source(s) of
        Section No.               amendment        Description of change
------------------------------------------------------------------------
Sec.   155.140............  CGD 96-026, 61 FR      Periodically updated
                             33666, June 28,        CG and other
                             1996; CGD 95-028, 62   addresses, replaced
                             FR 51194, Sept. 30,    emergency towing
                             1997; USCG-1998-       arrangement
                             4443, 63 FR 71763,     guidelines for
                             Dec. 30, 1998; USCG-   tankers in 1997,
                             1999-5151, 64 FR       revised format of
                             67176, Dec. 1, 1999;   section in 2008.
                             USCG-2008-0179, 73
                             FR 35015, June 19,
                             2008; USCG-1998-
                             3417, 73 FR 80648,
                             Dec. 31, 2008, as
                             amended by USCG-2001-
                             8661, 74 FR 45026,
                             Aug. 31, 2009; USCG-
                             2010-0351, 75 FR
                             36285, June 25, 2010.
Sec.   155.200............  USCG-2001-9046, 67 FR  Added definition in
                             58524, Sept. 17,       2002, then removed
                             2002; 73 FR 79316,     same definition in
                             Dec. 29, 2008.         2008.
Sec.   155.205............  USCG-1998-3799, 64 FR  In paragraph (a),
                             35531, June 30, 1998.  removed compliance
                                                    date that had
                                                    passed.
Sec.   155.210............  USCG-1998-3799, 64 FR  In paragraph (a),
                             3553, June 30, 1998.   removed compliance
                                                    date that had
                                                    passed.
Sec.   155.215............  USCG-1998-3799, 64 FR  In paragraph (a),
                             35531, June 30, 1998.  removed compliance
                                                    date that had
                                                    passed.
Sec.   155.220............  USCG-1998-3799, 64 FR  In paragraph (a),
                             35531, June 30, 1998.  removed compliance
                                                    date that had
                                                    passed.
Sec.   155.225............  USCG-1998-3799, 64 FR  In paragraph (a),
                             35531, June 30, 1998.  removed compliance
                                                    date that had
                                                    passed.
Sec.   155.230............  USCG-1998-4443, 65 FR  Replaced section in
                             31811, May 19, 2000,   2000, renamed to
                             as amended by USCG-    emergency control
                             2001-8661, 74 FR       systems for tank
                             45026, Aug. 31,        barges.
                             2009; USCG-2010-
                             0351, 75 FR 36285,
                             June 25, 2010.
Sec.   155.235............  CGD 95-028, 62 FR      Replaced section in
                             51194, Sept. 30,       1997 and again in
                             1997; USCG-2001-       2009. Revised into
                             8661, 74 FR 45026,     one paragraph
                             Aug. 31, 2009.         stating emergency
                                                    towing arrangements
                                                    must be on both ends
                                                    of oil tankers not
                                                    less than 20,000
                                                    deadweight tons
                                                    (dwt). Referenced
                                                    more recent IMO
                                                    Maritime Safety
                                                    Committee
                                                    resolution.
Sec.   155.240............  USCG-1998-3799, 63 FR  In paragraph (a),
                             35531, June 30, 1998.  removed compliance
                                                    date that had
                                                    passed; and, in
                                                    paragraph (d),
                                                    redesignated
                                                    paragraphs (i),
                                                    (ii), and (iii) as
                                                    paragraphs (1), (2)
                                                    and (3)
                                                    respectively.
Sec.   155.245............  USCG-1998-3799, 63 FR  Removed compliance
                             35531, June 30, 1998.  date that had
                                                    passed.
Sec.   155.310............  USCG-1998-3799, 63 FR  Removed compliance
                             35531, June 30, 1998.  date that had
                                                    passed.
------------------------------------------------------------------------

VI. Discussion of Comments

    The Coast Guard received 38 comment letters in response to the IFR,
with about 60 individual comments. No public meeting was requested and
none was held. The comments are grouped below into comments related to
specific 33 CFR part 155 DRE sections and general comments to the IFR.

A. Comments on Specific Sections in the IFR

Sections 155.205, 155.210, 155.215, and 155.220--Carriage of Discharge
Removal Equipment for On-Deck, Oil-Cargo Spills
    The Coast Guard received a number of comments on the carriage of
DRE for on-deck oil-cargo spills.
    Several commenters suggested changes to the quantities of oil
specified in paragraph (a) of Sec. Sec.  155.205, 155.210, 155.215, and
155.220, stating that the equipment and supplies must be capable of
containing and removing oil (e.g., 12 barrels of oil for vessels 400
feet or greater in length). Two comments stated that the quantities
specified in the IFR were too small, one that the quantities were too
large, and one that they were reasonable.
    We believe that the quantities specified strike an appropriate
balance for the categories of vessels specified, and that the
distribution of comments received supports that view.
    Two comments stated that paragraphs (b)(1) and (b)(2) of Sec. Sec.
155.205, 155.210, 155.215, and 155.220 should state the specific
quantity of sorbent and hand tools required. These sections presently
require that the equipment and supplies be ``appropriate'' for the
containment and removal of the amount of oil specified.
    We decided not to require carriage of specific quantities of
sorbents and hand tools because vessel owners or operators are best
able to determine the quantity necessary given variability in cargo
carriage, operational practices and environment, and other factors.
    One comment stated that the IFR did not define the term
``contract.''
    We disagree. The term ``contract or other approved means'' is
defined in 33 CFR 155.1020.
    Three comments stated that inland oil barges engaged in transfer
operations between the barge and another vessel should not rely on the
other vessel to provide the required DRE.
    We agree. The optional provision to allow inland oil barges to rely
on other means for the required DRE applies only to transfer facilities
in which the barge owner or operator has made prearrangements through a
contract or other approved means. Inland oil barges must maintain their
own DRE when involved in bunkering operations.
    Several comments stated that the exclusive transportation of
certain cargoes, such as animal fats and vegetable oils or Grade D and
E products (see 46 CFR 30.10-15), have a reduced risk and should be
regulated differently.
    We see the merit of this argument and will consider revisions to
these sections. We seek comments on which specific cargoes fall into
the reduced risk category and in particular how the risk is reduced.
Sections 155.230 and 155.235--Emergency Towing Capability
    The Coast Guard received a number of comments on emergency towing
capability. Most of the comments related to tankers, whereas three
related to barges.
    Regarding barges, Sec.  155.230 (originally titled ``Emergency
towing capability for oil barges'') was replaced by a separate
rulemaking (Emergency Control Measures for Tank Barges, 65 FR 31811,
May 19, 2000) which became effective on December 11, 2000. Because
Sec.  155.230 was completely replaced by that final rule after the
public had an opportunity to comment, we seek no further comments on
that section.
    Similarly for tankers, Sec.  155.235 was replaced, on two separate
occasions, by two separate rulemakings. The first rulemaking, titled
``Harmonization With International Safety Standards'' (62 FR 51194,
September 30, 1997), became effective on October 30, 1997. The second
rulemaking, titled ``Vessel and Facility Response Plans for Oil: 2003
Removal Equipment Requirements and Alternative Technology Revisions''
(74 FR 45026, August 31, 2009), became effective on September 30, 2009.
Because Sec.  155.235 was completely replaced by two final rules after
the public had an opportunity to comment,

we seek no further comments on that section.
Sections 155.240 and 155.245--Damage Stability Information
    The Coast Guard received a number of comments on damage stability
information.
    One commenter stated that, for inland oil barges, the Coast Guard
should allow damage stability information to be maintained in
computerized form instead of paper form.
    Nothing in the current regulation prohibits this. Section 155.245
requires that the plans for an inland tank barge be readily available
for use in salvage, stability, and residual strength calculations.
However, the regulation does not specify the form of the plans (e.g.,
paper or electronic). As currently written, there is nothing in the
regulation that requires--or precludes--the plans being in either form;
operators may use whichever is most convenient.
    Two commenters stated that the damage stability information
requirement for oil tankers should only apply to larger oil tankers.
    We disagree. The ability to perform stability and strength
calculations as quickly as possible is appropriate for all 46 CFR
Subchapter D tank vessels (ships and barges) on ocean and coastwise
routes--regardless of vessel size--to minimize the risk of subsequent
spills during the salvage response.
    Section 155.240 requires owners or operators of 46 CFR Subchapter D
tank vessels to ensure that they have pre-arranged, prompt access to
computerized, shore-based damage stability and residual structural
strength calculation programs. Pre-loading vessel information into
computer programs allows for faster analytic support in casualty
situations. This is because time is of the essence in these
circumstances, especially for offshore locations where tidal levels or
sea conditions can change significantly in short order. This rationale
applies to oil tankers, regardless of vessel size.
    One commenter stated that the Coast Guard went beyond the
recommendation of the regulatory negotiation committee (Committee) by
requiring that computerized damage stability information for oil
tankers be kept on shore.
    The Negotiated Rulemaking Act (5 U.S.C. 561 et seq.) permits an
agency to establish a negotiated rulemaking committee to negotiate and
develop a proposed rule. Nothing in the Negotiated Rulemaking Act
requires an agency to adopt a negotiated rulemaking committee's
recommendation as a final rule.
    The DRE NPRM referred to the Committee recommendation that an owner
or operator of a tanker, offshore tank barge, or coastal tank barge
have prearranged, prompt access to computerized on-board or shore-based
damage stability and residual structural strength calculation programs.
57 FR 44916.
    Based on subsequent analysis, the Coast Guard determined that
computerized damage stability information should be specifically
available ashore. This is to ensure that information is available if
the information aboard the vessel is destroyed or inaccessible. The
Coast Guard included this requirement in the IFR and intends to
finalize this requirement in the final rule. Additionally, a
requirement for computerized shore-based damage stability information
is also found in the Tank Vessel Response Plans for Oil regulations
(see 33 CFR 155.1035(c)(11)(ii) and 155.1040(c)(10)(ii)).
Section 155.310--Deck Edge Coamings for On-Deck Spills
    The Coast Guard received a number of comments on deck edge coamings
for on-deck spills.
    One commenter stated that the term ``peripheral coamings'' in Sec.
155.310(c) may be misinterpreted and be applied to areas beyond the
cargo deck area.
    We have reviewed the use of the term ``peripheral coamings'' and
believe that Sec.  155.310(c) clearly delineates the boundaries of the
required coamings.
    Two commenters stated that coamings may present a safety hazard for
vessels operating for prolonged periods in freezing weather.
    We agree in part. The Coast Guard recognizes the special
difficulties and hazards posed by the buildup of ice through prolonged
periods of operation in freezing weather. Depending upon the
particulars of a vessel, the owner or operator may find the need to
request an exemption from these requirements under 33 CFR 155.130.
    One commenter stated that the requirement to install coamings
should apply only to vessels that carry oil and not to those that are
certificated to carry both oil and hazardous materials, but actually
carry only hazardous materials.
    We disagree. If a vessel is certificated to carry oil, the vessel
must be outfitted to meet all of the requirements for the carriage of
oil.
    One commenter stated that the coaming-containment capacity should
be raised. Another two commenters stated that the containment capacity
should be lowered for certain vessels.
    We believe that the coaming containment capacities specified strike
an appropriate balance between the size of a vessel and the areas of
operation, and that the distribution of comments received supports that
view.
    One commenter stated that alternatives to peripheral coamings
should be allowed on tank vessels carrying animal fats, vegetable oils,
or non-persistent oils, but offered no specific alternative.
    Absent a specific alternative to evaluate, we disagree and believe
that peripheral coamings are an appropriate element of the pollution
prevention regime for preventing on-deck spills of any oil type from
reaching the marine environment.

B. General Comments

On-Water Containment and Removal Equipment
    The IFR asked for additional information on major spill prevention
and response equipment, such as booms, skimmers, and temporary storage
devices designed to be carried on board vessels. It specifically
requested information on the appropriateness of this equipment, on the
technological and economic feasibility of requiring this equipment, and
on the compatibility of this equipment with safe vessel operation.
    We received 18 responses to this request. Ten responses were in
support of the carriage of major equipment on board vessels, and eight
responses were against the concept. Of the ten responses in support,
eight were from vessel-based equipment developers. Of the eight
responses in opposition, all were vessel operators or organizations
that represented vessel operators.
    Section 310 of the Coast Guard Authorization Act of 1993 (Pub. L.
103-206) required the Secretary of Transportation \4\ to review and
evaluate these technologies, and to submit a report to Congress with
recommendations on the feasibility and environmental benefits of
requiring tank vessels to carry oil spill prevention and response
equipment. The DRE IFR provided a means to obtain that information.
---------------------------------------------------------------------------

    \4\ Prior to February 25, 2003, the Coast Guard was part of the
Department of Transportation. Since that time, the Coast Guard has
been part of the Department of Homeland Security.
---------------------------------------------------------------------------

    On September 8, 1998, the Coast Guard issued a report to Congress,
titled ``Feasibility and Environmental Benefits Associated with
Requiring Oil Spill Response Equipment on Tank Vessels.'' A copy of
that report is available in the docket where indicated under the

``Public Participation and Request for Comments'' section of this
notice.
    In that report the Coast Guard concluded that while it may be
technologically feasible to carry and deploy oil spill response
equipment aboard a tank vessel without risking the safety of the crew,
the practical limitations of the equipment in oil spill response make
it economically, environmentally, and technologically unfeasible to
require tank vessels to carry the equipment. The Coast Guard further
concluded, in consideration of the practical limitations on the
equipment's effectiveness in spill response, that vessel-based
equipment should not be required for tank vessels and, if carried,
should not be credited against their required response capabilities
given those limitations.
    We continue to believe that shore-based response equipment is the
preferred method for responding to actual or potential on-water oil
spills. We do not believe that tank vessels should be required to carry
major prevention and response equipment.
Spill-Tracking Devices
    We received three comments on devices for tracking the movement of
spills. Two commenters stated that the carriage of some form of spill
tracking device should be required. One commenter stated that, if a
spill tracking device were required, a national or international
standard should be adopted first so that a vessel need carry only one
type of device throughout its operating area.
    Since the IFR was published, oil spill tracking requirements for
tank vessels have changed. In the rulemaking titled ``Vessel and
Facility Response Plans for Oil: 2003 Removal Equipment Requirements
and Alternative Technology Revisions'' (74 FR 45026, August 31, 2009),
owners and operators of tank vessels operating in oceans and coastal
waters must identify in their response plans, and ensure availability
through contract or other approved means, response resources necessary
to provide aerial oil tracking to support oil spill assessment and
cleanup activities (see 33 CFR 155.1050(l)).
    We believe that this response plan requirement is sufficient in the
area of oil spill tracking, and therefore seek no further comments on
this topic.
Preemption
    Two commenters stated that the Coast Guard lacks the authority
under OPA 90 to preempt more stringent state requirements related to
DRE.
    We disagree. It is well settled that States may not regulate in
categories reserved for regulation by the Coast Guard. It is also well
settled, now, that all of the categories covered in 46 U.S.C. 3306,
3703, 7101, and 8101 (design, construction, alteration, repair,
maintenance, operation, equipping, personnel qualification, and manning
of vessels), as well as the reporting of casualties and any other
category in which Congress intended the Coast Guard to be the sole
source of a vessel's obligations, are within the field foreclosed from
regulation by the States. (See the decision of the Supreme Court in the
consolidated cases of United States v. Locke and Intertanko v. Locke,
529 U.S. 89, 120 S.Ct. 1135 (March 6, 2000)). Here, the Coast Guard is
promulgating regulations to require discharge removal equipment for
vessels operating on the navigable waters of the U.S. and that are
carrying oil in bulk as cargo or cargo residue, which will improve
safety. Because States may not promulgate rules within this category,
preemption is not an issue.
Oil Spill Response Vessels
    One commenter stated that we should clarify whether this rule
applies to a dedicated oil spill response vessel (OSRV).
    We wish to clarify that this rule does not apply to a dedicated
OSRV when conducting response operations in the response area.
Inland Oil Barges on Limited Offshore Routes
    One comment stated that the rule should allow barges operating
offshore under a special Certificate of Inspection (COI) endorsement
for limited offshore/coastwise routes during fair weather to be
equipped under the inland oil barge requirements in Sec.  155.215.
    We agree, and note that this suggestion is similar to the
requirements for emergency control measures for tank barges added on
May 19, 2000. The current regulations provide that if a tank barge has
its COI limited to not exceed the restrictions in Sec. Sec.
155.230(a)(1) (territorial sea) or 155.230(a)(2) (Great Lakes), then it
may be equipped under the inland oil barge requirements in Sec.
155.215.

VII. Supporting Analyses

    Additionally, in this NOI we seek comments in two other areas.
First, we seek comments on the Regulatory Assessment. Second, we seek
comments on the Environment section.

A. Regulatory Assessment

    The IFR was accompanied by a Regulatory Evaluation (RE) (a copy is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this notice). Due
to the amount of time that has passed since the IFR and RE were
published, we seek current information related to the cost of
compliance with certain sections of the DRE requirements. Please note
that we are not seeking comments concerned with emergency towing
equipment cost data or other portions of the IFR that have since been
finalized through other rulemakings after the public has had an
opportunity to comment.
    The table below shows the elements on which we are seeking comment,
the units in which we measure them, the relevant chapter of the IFR's
RE, and the Coast Guard's estimate of the cost.

                                               DRE Cost Data Table
----------------------------------------------------------------------------------------------------------------
                                                                                USCG  estimate
                Element                           Units                     IFR RE basis            of cost per
                                                                                unit
----------------------------------------------------------------------------------------------------------------
Coaming...............................  $/Linear feet............  Chapter 4....................          $20-25
55 gal Drum containing oil products/    55 gallon drum...........  Chapter 4....................             200
 sorbents.
Flex bin 1 yard box (4 55 gallon drum)  55 gallon drum...........  Chapter 4....................             460
Bulk double bagged oil/sorbents $260/   ton......................  Chapter 4....................             260
 ton.
Containment Boom......................  Linear feet..............  Chapter 5....................           15-35
Storage...............................  Cubic feet...............  Chapter 5....................               5
20-foot Work Boat.....................  $/boat...................  Chapter 5....................          40,000
Work Boat Home Support Equipment......  $/boat...................  Chapter 5....................          35,000
Training..............................  $/vessel/year............  Chapter 5....................             500
Maintenance and Repair................  .........................  Chapter 5....................  ..............
Tanker's Storage Shed.................  $/year...................  Chapter 5....................       300-1,600

Barge's Storage Shed..................  $/year...................  Chapter 5....................       200-1,300
Boat..................................  $/year...................  Chapter 5....................           5,000
Source Control Equipment..............  .........................  Chapter 6....................  ..............
Submersible Pumping Kit...............  $/kit....................  Chapter 6....................         141,000
----------------------------------------------------------------------------------------------------------------

    Additionally, we seek comment on the following items:
    (1) Please describe your implementation of DRE and how you have
invested in the following:
    (a) Operational deck spill capability;
    (b) Warehouse equipment capability; and
    (c) Source control equipment.
    (2) Have you needed to use the equipment referenced in question (1)
in any operational situation? If so--
    (a) Please describe the situation;
    (b) What issues did you encounter in that implementation?; and
    (c) What recommendations do you have in improving that
implementation?
    (3) Please describe the maintenance requirements associated with
the equipment referenced in question (1).
    (4) What issues have you encountered in implementing the IFR?
    (5) How long did it take you to implement the IFR?
    (6) Are you a small business, according to the North American
Industry Classification System (NAICS) codes?
    (7) What issues did you encounter with regard to similar rules
regarding the implementation of the other OPA 90 requirements and the
implementation of the DRE IFR?
    (a) Were there issues with complementary implementation?
    (b) Were there issues with cross-purpose implementation?
    (8) How do you work together with the oil spill removal
organizations (OSROs), in planning for, or responding to, an incident?
    (9) What is the vessel type (i.e. tanker, offshore barge, etc.) and
size (i.e. length of vessel) for the data above?
    To facilitate public input, we have placed in the docket a
questionnaire labeled ``Discharge Removal Equipment (DRE) Cost Data
Template.'' We request that individuals or organizations with knowledge
of the cost of compliance use the template to provide input via the
docket. However, you are not required to use this format when
submitting comments.

B. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. A preliminary environmental analysis
checklist supporting this determination is available in the docket
where indicated under the ``Public Participation and Request for
Comments'' section of this notice. This rule involves regulations
concerning the equipping of vessels. In addition, it implements a
Congressional mandate (section 4202(a) of OPA 90). We seek any comments
or information that may lead to the discovery of a significant
environmental impact from this rule.
    At the IFR stage, an Environmental Assessment (EA) and a Finding of
No Significant Impact (FONSI) were placed in the docket for this
rulemaking. No comments were received on the EA or the FONSI.

VIII. Intent To Finalize; Request for Comments

    The Coast Guard invites further comments regarding the finalization
of the IFR provisions that have not yet been finalized. Specifically,
we seek comments on three topics--
     DRE requirements (except for Sec. Sec.  155.140, 155.230
and 155.235 as these sections were superseded by subsequent
rulemakings);
     Regulatory Assessment; and
     Environmental Impact.

Written comments and responses will be added to the docket for this
rulemaking (USCG-2011-0430). Upon close of the comment period, the
Coast Guard will consider all comments received before finalizing the
DRE rulemaking.

    Dated: February 22, 2012.
J. G. Lantz,
Director of Commercial, Regulations and Standards.
[FR Doc. 2012-7344 Filed 3-26-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Page 92885]
[FR Doc No: 2016-30557]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79551; File No. SR-NASDAQ-2016-131]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Designation of a Longer Period for Commission Action on
Proposed Rule Change To Enhance the Reopening Auction Process Following
a Trading Halt Declared Pursuant to the Plan To Address Extraordinary
Market Volatility

December 14, 2016.
    On October 13, 2016, The Nasdaq Stock Market LLC (``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change
related to the reopening auction process following a trading halt
declared pursuant to the Plan to Address Extraordinary Market
Volatility. The proposed rule change was published for comment in the
Federal Register on November 1, 2016.\3\ On December 5, 2016, the
Exchange filed Amendment No. 1 to its proposed rule change.\4\ The
Commission received no comments on the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 79158 (October 26,
2016), 81 FR 75879.
    \4\ In Amendment No. 1, the Exchange proposed to use the Auction
Reference Price in determining whether or not a security was priced
at $3 or less for purposes of calculating the Auction Collar. In
addition, the Exchange proposed to amend Rule 4754(b)(6) to make a
conforming change to state that the rule applies to Trading Pauses
in existence at or after 3:50 p.m. and before 4:00 p.m. Amendment
No. 1 is available at https://www.sec.gov/comments/sr-nasdaq-2016-131/nasdaq2016131-1.pdf.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \5\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is December 16, 2016. The Commission is extending this 45-day time
period.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change.
Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\6\ designates January 30, 2017 as the date by which the Commission
shall either approve or disapprove or institute proceedings to
determine whether to disapprove the proposed rule change (File Number
SR-NASDAQ-2016-131).
---------------------------------------------------------------------------

    \6\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
Robert W. Errett,
Deputy Secretary.
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

[FR Doc. 2016-30557 Filed 12-19-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 130 (Monday, July 8, 2013)]
[Notices]
[Pages 40757-40758]
[FR Doc No: 2013-16253]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2013-0574]

Merchant Marine Personnel Advisory Committee: Intercessional
Meeting

AGENCY: Coast Guard, DHS.

ACTION: Notice of Federal Advisory Committee Working Group Meeting.

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

SUMMARY: A working group of the Merchant Marine Personnel Advisory
Committee (MERPAC) will meet to work on Task Statement 82, entitled
``The review and submittal of recommendations for proposed revisions to
forms CG-719K, Merchant Mariner Credential Medical Evaluation Report
and CG-719K/E, Merchant Mariner Evaluation of Fitness for Entry Level
Ratings.'' This meeting will be open to the public.

DATES: A MERPAC working group will meet on July 24, 2013, and July 25,
2013, from 8 a.m. until 4 p.m. Please note that the meeting may adjourn
early if all business is finished. Written comments to be distributed
to working group members and placed on MERPAC's Web site are due by
July 10, 2013.

ADDRESSES: The working group will meet at the Jemal Building of U.S.
Coast Guard Headquarters, Room 10-0718, 1900 Half St. SW., Washington,
DC

20593. Attendees will be required to provide a picture identification
card and pass through a magnetometer in order to gain admittance to the
Jemal Building. Visitors should also arrive at least 30 minutes in
advance of the meeting in case of long lines at the entrance.
    For further information about the Coast Guard facilities or
services for individuals with disabilities or to request special
assistance, contact Mr. Davis Breyer at<PHONE_NUMBER> or
<EMAIL_ADDRESS>    To facilitate public participation, we are inviting public comment
on the issues to be considered by the working group, as listed in the
``Agenda'' section below. Comments must be submitted in writing on or
before July 10, 2013, and must be identified by Docket No. USCG-2013-
0574 and may be submitted by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments (preferred method to
avoid delays in processing).
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
     Hand delivery: Same as mail address above, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal Holidays. The
telephone number is<PHONE_NUMBER>.
    Instructions: All submissions received must include the words
``Department of Homeland Security'' and the docket number for this
action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided. You
may review a Privacy Act notice regarding our public dockets in the
January 17, 2008, issue of the Federal Register (73 FR 3316).
    Docket: For access to the docket to read documents or comments
related to this notice, go to http://www.regulations.gov, enter the
docket number in the ``Search'' field and follow instructions on the
Web site.
    Public oral comment periods will be held during the working group
meeting. Speakers are requested to limit their comments to 3 minutes.
Please note that the public oral comment periods may end before the
prescribed ending time following the last call for comments. Contact
Davis Breyer as indicated above no later than July 10, 2013 to register
as a speaker.

FOR FURTHER INFORMATION CONTACT: Mr. Davis Breyer, Alternate Designated
Federal Officer of MERPAC, telephone<PHONE_NUMBER>. If you have any
questions on viewing or submitting material to the docket, call Barbara
Hairston, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act (FACA), Title 5, United States Code
(Pub. L. 92-463).
    MERPAC is an advisory committee authorized under section 871 of the
Homeland Security Act of 2002, Title 6, United States Code, section
451, and chartered under the provisions of the FACA. The Committee acts
solely in an advisory capacity to the Secretary of the Department of
Homeland Security (DHS) through the Commandant of the Coast Guard and
the Director of Commercial Regulations and Standards on matters
relating to personnel in the U.S. merchant marine, including but not
limited to training, qualifications, certification, documentation, and
fitness standards. The Committee will advise, consult with, and make
recommendations reflecting its independent judgment to the Secretary.
    A copy of all meeting documentation, including the Task Statement,
is available at https://homeport.uscg.mil by using these key strokes:
Missions; Port and Waterways Safety; Advisory Committees; MERPAC; and
then use the announcements key. Alternatively, you may contact Mr.
Breyer as noted in the ADDRESSES section above.

Agenda

Day 1

    The agenda for the July 24, 2013, working group meeting is as
follows:
    (1) Review forms CG-719K, Merchant Mariner Credential Medical
Evaluation Report and CG-719K/E, Merchant Mariner Evaluation of Fitness
for Entry Level Ratings for possible revision;
    (2) Public comment period;
    (3) Discuss and prepare proposed recommendations for the full
committee to consider with regards to Task Statement 82, entitled ``The
review and submittal of recommendations for proposed revisions to forms
CG-719K, Merchant Mariner Credential Medical Evaluation Report and CG-
719K/E, Merchant Mariner Evaluation of Fitness for Entry Level
Ratings''; and
    (4) Adjournment of meeting.

Day 2

    The agenda for the July 25, 2013, working group meeting is as
follows:
    (1) Continue discussion on proposed recommendations;
    (2) Public comment period;
    (3) Discuss and prepare final recommendations for the full
committee to consider with regards to Task Statement 82, entitled ``The
review and submittal of recommendations for proposed revisions to forms
CG-719K, Merchant Mariner Credential Medical Evaluation Report and CG-
719K/E, Merchant Mariner Evaluation of Fitness for Entry Level
Ratings''; and
    (4) Adjournment of meeting.

    Dated: June 25, 2013.
J. G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2013-16253 Filed 7-5-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Pages 10569-10570]
[FR Doc No: 2014-03923]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0040]

SGS International, Inc.: Request for Renewal of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice

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SUMMARY: In this notice, OSHA announces SGS North America, Inc.'s
(SGS), application containing a request for renewal of recognition as a
Nationally Recognized Testing Laboratory (NRTL) under 29 CFR 1910.7.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before March 12, 2014.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically
at http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
    2. Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier)
service: Submit a copy of comments and any attachments to the OSHA
Docket Office, Docket No. OSHA-2006-0040, Technical Data Center, U.S.
Department of Labor, 200 Constitution Avenue NW., Room N-2625,
Washington, DC 20210; telephone:<PHONE_NUMBER> (TDY number: (877) 889-
5627). Note that security procedures may result in significant delays
in receiving comments and other written materials by regular mail.
Contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express delivery, hand
delivery, or messenger service. The hours of operation for the OSHA
Docket Office are 8:15 a.m.-4:45 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and
the OSHA docket number (OSHA-2006-0040). OSHA will place all
submissions, including any personal information provided, in the public
docket without revision, and these submissions will be available online
at http://www.regulations.gov.
    5. Docket: To read or download submissions or other material in the

docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the Web site. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.
Contact the OSHA Docket Office for assistance in locating docket
submissions.
    6. Extension of comment period: Submit requests for an extension of
the comment period on or before March 12, 2014 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW., Room N-3655, Washington, DC 20210, or by fax to (202) 693-
1644.

FOR FURTHER INFORMATION CONTACT: David W. Johnson, Director, Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW., Room N-3655, Washington, DC 20210, phone<PHONE_NUMBER>, or
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    OSHA recognition of an NRTL signifies that the organization meets
the requirements in Section 1910.7 of Title 29, Code of Federal
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the
organization can perform independent safety testing and certification
of the specific products covered within its scope of recognition and is
not a delegation or grant of government authority. As a result of
recognition, employers may use products properly approved by the NRTL
to meet OSHA standards that require testing and certification. OSHA
maintains an informational Web site for each NRTL that details its
scope of recognition available at http://www.osha.gov/dts/otpca/nrtl/index.html.
    OSHA processes applications by an NRTL for renewal of recognition
following requirements in Appendix A to 29 CFR 1910.7. OSHA conducts
renewals in accordance with the procedures in 29 CFR 1910.7, App. II.C.
In accordance with these procedures, NRTLs submit a renewal request to
OSHA, not less than nine months, or no more than one year, before the
expiration date of its current recognition. A renewal request includes
a request for renewal and any additional information the NRTL wishes to
submit to demonstrate its continued compliance with the terms of its
recognition and 29 CFR 1910.7. If OSHA has not conducted an on-site
assessment of the NRTL's headquarters and key sites within the past 18
to 24 months, it will schedule the necessary on-site assessments prior
to the expiration date of the NRTL's recognition. Upon review of the
submitted material and, as necessary, the successful completion of the
on-site assessment, OSHA announces its preliminary decision to grant or
deny renewal in the Federal Register and solicit comments from the
public. OSHA then publishes a final Federal Register notice responding
to any comments and renewing the NRTL's recognition for a period of
five years, or denying the renewal of recognition.
    SGS initially received OSHA recognition as an NRTL on March 23,
1993 (58 FR 15509). SGS's most recent renewal was on August 28, 1998,
for a five-year period ending on August 28, 2003. SGS submitted a
timely request for renewal, dated October 16, 2002 (see Ex. OSHA-2006-
0040-0007), and retains its recognition pending OSHA's final decision
in this renewal process. The current address of the SGS facility
recognized by OSHA and included as part of the renewal request is SGS
North America, Inc., 620 Old Peachtree Road, Suwanee, Georgia 30024.

II. Notice of Preliminary Findings

    OSHA is providing notice that SGS is applying for renewal of its
current recognition as a NRTL. This renewal covers SGS's existing NRTL
scope of recognition. OSHA evaluated SGS's application for renewal and
preliminarily determined that SGS can continue to meet the requirements
prescribed by 29 CFR 1910.7 for recognition. Accordingly, OSHA is
making a determination that it does not need to conduct an on-site
review of SGS's facilities based on its evaluations of SGS's
application and all other available information. This information
includes OSHA's most recent audit of SGS conducted on November 14-16,
2012, in which the auditors found some non-conformances with the
requirements of 29 CFR 1910.7. SGS addressed these issues sufficiently
to meet the applicable NRTL requirements. This preliminary finding does
not constitute an interim or temporary approval of the application.
    OSHA welcomes public comment as to whether SGS meets the
requirements of 29 CFR 1910.7 for renewal of their recognition as an
NRTL. Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request. OSHA must receive the
written request for an extension by the due date for comments. OSHA
will limit any extension to 30 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if it is not
adequately justified. To obtain or review copies of the publicly
available information in SGS's application and other pertinent
documents (including exhibits), as well as all submitted comments,
contact the Docket Office, Room N-2625, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address; these
materials also are available online at http://www.regulations.gov under
Docket No. OSHA-2006-0040.
    OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will recommend whether to grant SGS's application for
renewal. The Assistant Secretary will make the final decision on
granting the application and, in making this decision, may undertake
other proceedings prescribed in Appendix A to 29 CFR 1910.7. OSHA will
publish a public notice of this final decision in the Federal Register.

III. Authority and Signature

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

    Signed at Washington, DC, on February 19, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-03923 Filed 2-24-14; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register: June 13, 2007 (Volume 72, Number 113)]
[Notices]
[Page 32693-32695]
[DOCID:fr13jn07-122]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55872; File No. SR-OCC-2007-01]

Self-Regulatory Organizations; The Options Clearing Corporation;
Order Granting Approval of a Proposed Rule Change Relating to Credit
Default Options

June 6, 2007.

I. Introduction

    On February 13, 2007, The Options Clearing Corporation (``OCC'')
filed with the Securities and Exchange Commission (``Commission'')
proposed rule change File No. SR-OCC-2007-01 pursuant to Section
19(b)(1) of the Securities Exchange Act of 1934 (``Act'').\1\ On March
7, 2007, OCC filed an amendment to the proposed rule change.\2\ Notice
of the proposal was published in the Federal Register on March 5,
2007.\3\ No comment letters were received. This order approves the
proposed rule change as amended.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ The March 7, 2007, amendment reflects OCC's determination to
seek approval for the credit default option product only and not for
binary options in general. Because Amendment No. 1 is technical in
nature, the Commission is not republishing the notice of filing for
public comment.
    \3\ Securities Exchange Act Release No. 55362 (February 27,
2007), 72 FR 9826.
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II. Description

    The purpose of the proposed rule change is to permit OCC to clear
and settle credit default options (``CDOs''), which are options related
to the creditworthiness of an issuer or guarantor (``reference
entity'') of one or more specified debt securities (``reference
obligation(s)''). CDOs are ``binary'' options that pay a fixed amount
to the holder of the option upon the occurrence of a ``credit event''
affecting the reference obligations.\4\ CDOs will be traded by the
Chicago Board Options Exchange (``CBOE'').\5\
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    \4\ ``Binary'' options (also sometimes referred to as ``
digital'' options) are ``all-or-nothing'' options that pay a fixed
amount if automatically exercised and otherwise pay nothing.
    \5\ Securities Exchange Act Release Nos. 55251 (February 7,
2007), 72 FR 7091 (February 14, 2007) (notice of filing of proposed
rule change); 55871 (June 6, 2007) (order approving proposed rule
change) [File No. SR-CBOE-2006-84].
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Description of Credit Default Options

    CDOs are structured as binary options that are automatically
exercised and the exercise settlement amount payable if a ``credit
event'' occurs at any time prior to the last day of trading. A ``credit
event'' is generally defined as any failure to pay on any of the
reference

obligations or any other occurrence that would constitute an ``event of
default'' or ``restructuring'' under the terms of any of the reference
obligations and that the listing exchange has determined would be a
credit event for purposes of the CDO. The payout or settlement amount
for a single exercised option CBOE CDO will be $100,000.

By-Law and Rule Amendments Applicable to CDOs

    In order to accommodate trading in CDOs, OCC is adding a new By-Law
Article and a new Chapter to its Rules to incorporate several new
defined terms and procedures for clearing and settling CDOs.
1. Terminology--Article I, Section 1 and Article XIV, Section 1 of the
By-Laws
    The definition of ``expiration time'' in Article I of the By-Laws
is modified to be a default provision to permit the expiration time to
be defined differently for different classes of options. The definition
of ``option contract'' in Article I of the By-Laws is amended to
include a credit default option and to provide a more generic
definition of ``cash-settled option.''
    ``Adjustment event'' is defined in Article XIV by reference to the
rules of the listing exchange. Similarly, ``credit event'' is defined
by reference to exchange rules. The terms ``credit event confirmation''
and ``credit event confirmation deadline'' are used, respectively, to
refer to the notice that must be provided by the listing exchange or
other reporting authority to OCC that a credit event has occurred (and
that a CDO will therefore automatically be exercised) and to the
deadline for receipt of such notice if it is to be treated as having
been received on the business day on which it is submitted. Credit
event confirmations received after the deadline on the expiration date
but before the expiration time will be given effect but may result in
delayed exercise settlement.
    OCC is also defining the term ``exercise settlement amount'' in
Article XIV for purposes of credit default options. The exercise
settlement amount of a credit default option is the amount specified by
the exchange on which the option is traded that will be paid in
settlement of an automatically exercised option. CBOE has specified the
exercise settlement amount for a single CDO as $100,000. OCC's proposed
definition would permit an exchange to specify a different exercise
settlement amount. The exercise settlement amount will be determined by
the exchange at the time of listing when the exchange fixes the other
variable terms for the options of a particular class or series.
    OCC is replacing the definitions of ``variable terms,''
``premium,'' and ``multiplier'' in Article I with revised definitions
in Article XIV, Section 1 that are applicable to credit default
options. The term ``class'' is also redefined in Article XIV, Section
1. To be within the same class, CDOs must have the same reporting
authority, which OCC anticipates will ordinarily be the listing
exchange. This is necessary because of the degree of discretion that
the reporting authority will have in determining whether a credit event
has occurred.
    CDOs will be a category of options where exercise is triggered by a
discrete event such as a ``credit event'' affecting the ``reference
obligations'' issued by a ``reference entity,'' which terms are defined
to have the meanings given to them in the rules of the listing
exchange. The term ``underlying interest'' is defined to be the
reference obligation(s) with respect to which the credit event will or
will not occur.
2. Terms of Cleared Contracts--Article VI, Section 10(e)
    A new paragraph (e) is added to Article VI, Section 10 so that an
exchange is required to designate the exercise settlement amount,
expiration date, and exercise price for a series of credit default
options at the time the series is opened for trading. Section 10(e)
also reminds the reader that credit default options are subject to
adjustment under Article XIV.
3. Rights and Obligations--Article XIV, Section 2
    Article XIV, Section 2 defines the general rights and obligations
of holders and writers of credit default options. As noted above, the
holder of a credit default option that is automatically exercised has
the right to receive the fixed exercise settlement amount from OCC, and
the assigned writer has the obligation to pay that amount to OCC.
4. Adjustments of Credit Default Options--Article XIV, Section 3;
Determination of Occurrence of Credit Event--Article XIV, Section 4
    Article XIV, Section 3 provides for adjustment of CDOs in
accordance with the rules of the listing exchange. CBOE's rules provide
for adjustment of CDOs in the case of certain corporate events
affecting the reference obligations, and OCC proposes simply to defer
to the rules and to the determinations of the listing exchange pursuant
to its rules. Accordingly, OCC will have no responsibility for
adjustment determinations with respect to CDOs.
    Similarly, Section 4 provides that the listing exchange for a class
of CDOs will have responsibility for determining the occurrence of a
credit event that will result in automatic exercise of the options of
that class. The listing exchange has the obligation to provide a credit
event confirmation to OCC in order to trigger the automatic exercise.
5. Exercise and Settlement--Chapter XV of the Rules and Rule 801
    Credit default options will not be subject to the exercise-by-
exception procedures applicable to most other options under OCC's Rules
but would instead be automatically exercised at expiration if the
specified criterion for exercise is met. The procedures for the
automatic exercise of credit default options, as well as their
assignment and settlement (including during periods when a clearing
member is suspended), are set forth in Rules 1501 through 1505 of new
Chapter XV and in revised Rule 801(b).
6. Special Margin Requirements--Rule 601; Deposits in Lieu of Margin--
Rule 1506
    OCC will not initially margin CDOs through its usual ``STANS''
system. Because of CDOs' fixed payout feature, further systems
development is needed to accommodate these options in STANS. Until such
development is completed, OCC has initially determined to require that
writers of such options post margin in a fixed amount that will be set
at 100% of the fixed exercise settlement amount applicable to each
series of CDOs. OCC would have discretion to reduce the requirement to
something less than 100% if research, analysis, and experience suggest
that a lower percentage is sufficient. Initially, long positions in
CDOs will be valued at zero and will provide no offset against margin
requirements on shorts. Again, based on research, analysis, and
experience, OCC may determine to give some value to the longs.
Ultimately, CDOs will be incorporated into the STANS system and will be
valued and margined on a risk basis.
    OCC does not propose to accept escrow deposits in lieu of clearing
margin for credit default options. Therefore, Rule 1506 states that
Rule 610, which otherwise would permit such deposits, does not apply to
credit default options.

7. Acceleration of Expiration Date--Rule 1507
    This provision permits OCC to accelerate the expiration date of a
credit default option when the option is deemed to have been exercised
on any day prior to the expiration date.

III. Discussion

    Section 17A(b)(3)(F) of the Act requires that the rules of a
clearing agency be designed to promote the prompt and accurate
clearance and settlement of securities transactions.\6\ The Commission
finds the proposed rule change to be consistent with Section
17A(b)(3)(F) of the Act because it is designed to promote the prompt
and accurate clearance and settlement of transactions in, including
exercises of, credit default options and to remove impediments to and
perfect the mechanism of a national system for the prompt and accurate
clearance and settlement of such transactions.\7\ These purposes are
accomplished by having the clearance and settlement of CDOs take place
at OCC and by OCC applying substantially the same rules and procedures
to CDOs as it applies to similar transactions in other cash-settled
options.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1(b)(3)(F).
    \7\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act and
in particular Section 17A of the Act and the rules and regulations
thereunder.
    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (File No. SR-OCC-2007-01) as modified by
Amendment No. 1 be and hereby is approved.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\8\

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    \8\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-11370 Filed 6-12-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: September 3, 2008 (Volume 73, Number 171)]
[Notices]
[Page 51464]
[DOCID:fr03se08-59]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0004; FRL-8380-3]

Access to Confidential Business Information by Industrial
Economics, Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has authorized its contractor, Industrial Economics, Inc.
of Cambridge, MA, to access information which has been submitted to EPA
under all sections of the Toxic Substances Control Act (TSCA). Some of
the information may be claimed or determined to be Confidential
Business Information (CBI).

DATES: Access to the confidential data will occur no sooner than
September 10, 2008.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address: TSCA-
<EMAIL_ADDRESS>    For technical information contact: Scott M. Sherlock, Environmental
Assistance Division (7408M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Notice Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to you if you are conducting, or may be
required to conduct, testing of chemical substances under the Toxic
Substances Control Act (TSCA). Since other entities may also be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the technical 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-OPPT-2003-0004. All documents
in the docket are listed in the docket's index available at http://
www.regulations.gov. Although, listed in the index, some information is
not publicly available, e.g., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available electronically at http://
www.regulations.gov, or, if only available in hard copy, at the OPPT
Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) in
Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC.
TheA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. The telephone
number of the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket Facility is<PHONE_NUMBER>. Docket
visitors are required to show photographic identification, pass through
a metal detector, and sign the EPA visitor log. All visitor bags are
processed through an X-ray machine and subject to search. Visitors will
be provided an EPA/DC badge that must be visible at all times in the
building and returned upon departure.
    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 Action is the Agency Taking?

    Under GSA Contract Number GS10F0224J, contractor, Industrial
Economics, Inc. of 2067 Massachusetts Avenue, Cambridge, MA, will
assist the Office of Pollution Prevention and Toxics (OPPT) in
providing economic analysis support for EPA's enforcement actions.
    In accordance with 40 CFR 2.306(j), EPA has determined that under
GSA Contract Number GS10F0224J, Industrial Economics, Inc. will require
access to CBI submitted to EPA under all sections of TSCA to perform
successfully the duties specified under the contract. Industrial
Economics, Inc. personnel will be given access to information submitted
to EPA under all sections of TSCA. Some of the information may be
claimed or determined to be CBI.
    EPA is issuing this notice to inform all submitters of information
under all sections of TSCA that EPA may provide Industrial Economics,
Inc. access to these CBI materials on a need-to-know basis only. All
access to TSCA CBI under this contract will take place at EPA
Headquarters and Industrial Economics, Inc. site in Cambridge, MA.
    Industrial Economics, Inc. will be authorized access to TSCA CBI at
EPA Headquarters and at the Industrial Economics, Inc. facility,
provided they comply with the provisions of the EPA TSCA CBI Protection
Manual. Before access to TSCA CBI is authorized at Industrial
Economic's site, EPA will perform the required inspection of the
facility and ensure that the facility is in compliance with the Manual.
    Access to TSCA data, including CBI, will continue until October 31,
2009. If the contract is extended, this access will also continue for
the duration of the extended contract without further notice.
    Industrial Economics, Inc. personnel will be required to sign
nondisclosure agreements and will be briefed on appropriate security
procedures before they are permitted access to TSCA CBI.

List of Subjects

    Environmental Protection, Confidential Business Information.

    Dated: August 25, 2008.
Todd S. Holderman,
Acting Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. E8-20130 Filed 9-2-08; 8:45 a.m.]

BILLING CODE 6560-50-S