[Federal Register: November 9, 2007 (Volume 72, Number 217)]
[Notices]
[Page 63570-63572]
[DOCID:fr09no07-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. P-12966-000]

Utah Board of Water Resources; Notice of Application Accepted for
Filing and Soliciting Motions To Intervene, Protests, and Comments

November 2, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12966-000.
    c. Date filed: August 21, 2007.
    d. Applicant: Utah Board of Water Resources.
    e. Name of Project: Lake Powell Pipeline Project.
    f. Location: The project would be located on the Lake Powell,
Colorado River and Sand Hollow Reservoir, in Kane, Washington, and Iron
Counties, Utah and Coconino and Mohave Counties, Arizona.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Eric Miller, Utah Board of Water
Resources, 1594 W. North Temple, Salt lake City, UT 84116, Phone (801)
528-7250, and John H. Clements, Van Ness Feldman, 1050 Jefferson Street
NW., Washington, DC 20007-3877, phone<PHONE_NUMBER>.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Kimberly

D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426. Comments, protests, and
interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-12966-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project would use the
proposed Lake Powell-to-Sand Hollow Reservoir 135-mile pipeline and
include the following three Developments:
    Little Creek Development: (1) The proposed Little Creek Mountain
Forebay having a surface elevation of 5,600 feet mean sea level (msl),
(2) an existing 2,000-foot-long waterway, (3) a proposed powerhouse
with one generating unit having an installed capacity of 18 megawatts
(MW), (4) a proposed afterbay having a surface elevation of 4,800 feet
msl, (5) a proposed transmission line, and (6) appurtenant facilities.
    Hurricane Cliffs Pumped Storage Development: (1) A proposed forebay
along the Hurricane Cliffs ridgeline with a surface area of 150 acres
having a storage capacity of 4,000 acre-feet and normal surface
elevation of 4,800 feet msl, would serve as the upper reservoir, (2)
the proposed afterbay with a surface area of 195 acres, having a
storage capacity of 3,610 feet msl, would serve as the lower reservoir,
(3) a proposed 2,500-foot-long connecting waterway, (4) a proposed
powerhouse containing two pump generating units having a total
installed capacity of 380 MW plus a 35 MW single peaking generating
unit, (5) a proposed transmission line, and (6) appurtenant facilities.
    Sand Hollow Development: (1) A proposed powerhouse at the end of
the Lake Powell Pipeline at the shore of the Sand Hollow reservoir
containing one generating unit with an installed capacity of 10 MW, (2)
a proposed transmission line, and (3) appurtenant facilities.
    The proposed 443 MW project would have an estimated average annual
generating of 525 gigawatt-hours.
    l. Locations of Applications: A copy of the application is
available for inspection and reproduction at the Commission in the
Public Reference Room, located at 888 First Street NE., Room 2A,
Washington DC 20426, or by calling<PHONE_NUMBER>. This filing may also
be viewed on the Commission's Web site at http://www.ferc.gov using the

``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is

also available for inspection and reproduction at the address in item h
above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Competing Preliminary Permit: Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    o. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with18 CFR 4.30 and 4.36.
    p. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    q. Proposed Scope of Studies under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    r. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, 385.214. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See 18 C.F.R. 385.2001 (a)(1)(iii)
and the instructions on the Commission's web site under ``e-filing''
link. The Commission strongly encourages electronic filing.
    s. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``COMPETING
APPLICATION'', ``RECOMMENDATIONS FOR TERMS AND CONDITIONS'',
``PROTEST'', OR ``MOTION TO INTERVENE'', as applicable, and the Project
Number of the particular application to which the filing refers. Any of
the above-named documents must be filed by providing the original and
the number of copies provided by the Commission's regulations to: The
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. A copy of any motion to intervene must also be
served upon each representative of the Applicant specified in the
particular application.
    t. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for

filing comments, it will be presumed to have no comments. One copy of
an agency's comments must also be sent to the Applicant's
representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-22016 Filed 11-8-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 9, 2008 (Volume 73, Number 197)]
[Notices]
[Page 59698-59701]
[DOCID:fr09oc08-156]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58722; File No. SR-NYSE-2008-95]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Rule 104.10 To Extend the Duration of the Pilot Program
Applicable to Conditional Transactions as Defined in Rule 104.10(6)(i)
in all Securities to the Earlier of December 31, 2008 or the Approval
of SR-NYSE-2008-46

October 2, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 30, 2008, New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Exchange Rule 104.10 to extend the
duration of the pilot program applicable

to Conditional Transactions as defined in Rule 104.10(6)(i) in all
securities to the earlier of December 31, 2008 or the approval of SR-
NYSE-2008-46.

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

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

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

1. Purpose
    The Exchange is proposing to amend Exchange Rule 104.10 to extend
the duration of the pilot program applicable to Conditional
Transactions as defined in Rule 104.10(6)(i) in all securities to the
earlier of December 31, 2008 or the approval of SR-NYSE-2008-46.\3\
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    \3\ See Securities Exchange Act Release No. 58184 (July 17,
2008), 73 FR 42853 (July 23, 2008) (SR-NYSE-2008-46) (``New Market
Model filing'').
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    On October 26, 2007, the Securities and Exchange Commission (the
``Commission'') approved the ability of NYSE specialists to effect
Conditional Transactions pursuant to Exchange Rule 104.10(6) in all
securities traded on the NYSE to operate as a pilot through March 31,
2008 (the ``Conditional Transaction Pilot'').\4\
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    \4\ See Securities Exchange Act Release No. 56711 (October 26,
2007), 72 FR 62504 (November 5, 2007) (SR-NYSE-2007-83). The Pilot
was next extended for an additional three months until June 30,
2008. See Securities Exchange Act Release No. 57592 (April 1, 2008),
73 FR 18836 (April 7, 2008) (SR-NYSE-2008-23). On June 26, 2008, the
operation of the Pilot was extended until September 30, 2008. See
Securities Exchange Act Release No. 58040 (June 26, 2008), 73 FR
38272 (July 3, 2008) (SR-NYSE-2008-50).
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(1) Current Conditional Transaction Pilot
    Conditional Transactions are specialists' transactions that
establish or increase a position and reach across the market to trade
as the contra-side to the Exchange published bid or offer. Under the
current Conditional Transaction Pilot, NYSE specialists are allowed to
effect Conditional Transactions in all securities traded on the NYSE
until September 30, 2008.
    When a specialist effects a Conditional Transaction, he or she has
obligations to re-enter the market on the opposite side from which the
specialist effected his or her Conditional Transaction pursuant to the
rule. Specifically, pursuant to Exchange Rule 104.10(6)(ii),
``Appropriate'' re-entry means ``re-entry on the opposite side of the
market at or before the price participation point or the `PPP.' '' \5\
Depending on the type of Conditional Transaction, a specialist's
obligation to re-enter may be immediate or subject to the same re-entry
conditions of Non-Conditional Transactions.\6\ Conditional Transactions
are subject to a specialist's overall negative obligation.\7\ As a
condition of operating the Conditional Transaction Pilot, the Exchange
committed to providing the Commission with data related to specialist
executions of Conditional Transactions. The Exchange has provided the
Commission's Division of Trading and Markets and the Office of Economic
Analysis with statistics related to market quality, specialist trading
activity and sample statistics for the months of November 2007 through
July 2008. The data included the daily Consolidated Tape volume in
shares, daily number of trades, daily high-low volatility in basis
points, and daily close price in dollars.
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    \5\ NYSE Rule 104.10(6)(iii)(a) provides that the PPP identifies
the price at or before which a specialist is expected to re-enter
the market after effecting a Conditional Transaction. PPPs are only
minimum guidelines and compliance with them does not guarantee that
a specialist is meeting its obligations. The Exchange issued
guidance regarding PPPs in January 2007. See NYSE Member Education
Bulletin 2007-1 (January 18, 2007).
    \6\ NYSE Rule 104.10(6)(iii)(c) provides that immediate re-entry
is required after the following Conditional Transactions:
    (I) A purchase that (1) reaches across the market to trade with
an Exchange published offer that is above the last differently
priced trade on the Exchange and above the last differently priced
published offer on the Exchange, (2) is 10,000 shares or more or has
a market value of $200,000 or more, and (3) exceeds 50% of the
published offer size.
    (II) A sale that (1) reaches across the market to trade with an
Exchange published bid that is below the last differently priced
trade on the Exchange and below the last differently priced
published bid on the Exchange, (2) is 10,000 shares or more or has a
market value of $200,000 or more, and (3) exceeds 50% of the
published bid size.
    Pursuant to current NYSE Rule 104.10(6)(iv), Conditional
Transactions that involve:
    (a) A specialist's purchase from the Exchange published offer
that is priced above the last differently-priced trade on the
Exchange or above the last differently-priced published offer on the
Exchange; and
    (b) A specialist's sale to the Exchange published bid that is
priced below the last differently-priced trade on the Exchange or
below the last differently-priced published bid on the Exchange are
subject to the re-entry requirements for Non-Conditional
Transactions pursuant to Rule 104.10 (5)(i)(a)(II)(c).
    NYSE Rule 104.10(5)(i)(a)(II)(c) provides:
    Re-entry Obligation Following Non-Conditional Transactions--The
specialist's obligation to maintain a fair and orderly market may
require re-entry on the opposite side of the market trend after
effecting one or more Non-Conditional Transactions. Such re-entry
transactions should be commensurate with the size of the Non-
Conditional Transactions and the immediate and anticipated needs of
the market.
    \7\ The negative obligation, which is part of NYSE Rule 104,
requires that specialists restrict their dealings so far as
practicable to those reasonably necessary to permit the specialists
to maintain a fair and orderly market. Specifically, NYSE Rule
104(a) provides:
    No specialist shall effect on the Exchange purchases or sales of
any security in which such specialist is registered, for any account
in which he, his member organization or any other member, allied
member, or approved person, (unless an exemption with respect to
such approved person is in effect pursuant to Rule 98) in such
organization or officer or employee thereof is directly or
indirectly interested, unless such dealings are reasonably necessary
to permit such specialist to maintain a fair and orderly market, or
to act as an odd-lot dealer in such security.
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    The Exchange will continue to provide data to the Commission on or
before the 20th of the calendar month as outlined in its filing to
create the Exchange New Market Model.\8\
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    \8\ See Securities Exchange Act Release No. 58184 (July 17,
2008), 73 FR 42853 (July 23, 2008) (SR-NYSE-2008-46) (``New Market
Model filing'').
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    Furthermore, NYSE Regulation (``NYSER'') continues to have
appropriate surveillance procedures in place to surveil for compliance
with the negative obligations of specialists. NYSER monitors, using a
pattern-and-practice and/or outlier approach, specialist activity that
appears to cause or exacerbate excessive price movement in the market
(since such transactions would appear to be in violation of a
specialist's negative obligation). In this connection, NYSER continues
to surveil for specialist compliance with the PPP re-entry
requirements, and, based on its reviews of surveillance data to date,
has not identified significant compliance issues. The Division of
Market Surveillance of NYSER also monitors specialist trading to
cushion such price movements.
(2) Conclusion
    The Exchange believes that an extension of the current Conditional
Transaction Pilot program will continue to provide NYSE specialists
with the flexibility to compete and to efficiently and systematically
trade and quote in their securities as well as equip them to fluidly
manage their risk.
    In view of the above, the NYSE believes it is appropriate to extend
the operation of the Conditional Transaction Pilot program to the
earlier of December 31, 2008 or the approval of SR-NYSE-2008-46.

2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
and furthers the objectives of Section 6(b)(5) of the Act \9\ in that
it is designed to prevent fraudulent and manipulative practices, to
promote just and equitable principles of trade, to remove impediments
to, and perfect the mechanisms of, a free and open market and a
national market system, and, in general, to protect investors and the
public interest. The proposed rule change also is designed to support
the principles of Section 11A(a)(1) \10\ in that it seeks to assure
economically efficient execution of securities transactions. The
Exchange believes that extending the operation of the Conditional
Transaction Pilot will provide specialists with the required
flexibility to compete, thus adding value to the Exchange market by
encouraging specialists to continue to commit capital. Ultimately, the
Exchange believes that the Conditional Transaction Pilot benefits the
marketplace by allowing specialists to manage their risk and,
therefore, provides them with the ability to increase the liquidity
they provide at prices outside the best bid and offer, as well as meet
their obligation to bridge temporary gaps in supply and demand and
dampen volatility.
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    \9\ See Securities Exchange Act Release No. 58184 (July 17,
2008), 73 FR 42853 (July 23, 2008)(SR-NYSE-2008-46) (``New Market
Model filing'').
    \10\ 15 U.S.C. 78k-1(a)(1).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

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

    The Exchange has designated the proposed rule change as one that:
(i) Does not significantly affect the protection of investors or the
public interest; (ii) does not impose any significant burden on
competition; and (iii) by its terms, does not become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest. Therefore, the foregoing proposed rule change
has become effective pursuant to Section 19(b)(3)(A) of the Exchange
Act \11\ and Rule 19b-4(f)(6) thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative until 30 days after the date of filing.\13\
However, Rule 19b-4(f)(6)(iii) \14\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange believes that the
instant filing is non-controversial because it merely seeks to extend
the operation of the current Conditional Transaction Pilot. For the
foregoing reasons, this rule filing qualifies for immediate
effectiveness as a ``non-controversial'' rule change under paragraph
(f)(6) of Rule 19b-4.\15\
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    \13\ Id. In addition, Rule 19b-4(f)(6)(iii) requires a self-
regulatory organization to give the Commission written notice of its
intent to file the proposed rule change at least five business days
prior to the date of filing of the proposed rule change, or such
shorter time as designated by the Commission. The Exchange has
satisfied this requirement.
    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6).
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    The Exchange further respectfully requests that the Commission
waive the 30-day delayed operative date so that the proposed rule
change may become effective and operative upon filing with the
Commission pursuant to Section 19(b)(3)(A) of the Act \16\ and Rule
19b-4(f)(6) \17\ thereunder. The Exchange submits that good cause
exists to justify waiver of the operative delay because the instant
filing seeks to extend the operation the Conditional Transaction Pilot
without interruption thus allowing specialists to continue managing
their risk and therefore providing them with the ability to increase
the liquidity they provide at prices outside the best bid and offer, as
well as meeting their obligation to bridge temporary gaps in supply and
demand, and dampening volatility. The Commission believes that waiving
the 30-day operative delay is consistent with the protection of
investors and the public interest because such waiver would allow the
Conditional Transaction Pilot to continue without interruption through
the earlier of December 31, 2008 or the approval SR-NYSE-2008-46 and
provide the Exchange and the Commission additional time to evaluate the
pilot.\18\ Accordingly, the Commission designates the proposed rule
change effective and operative upon filing with the Commission.
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4.
    \18\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78(c)(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2008-95 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2008-95. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available

for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2008-95 and should be
submitted on or before October 30, 2008.

For the Commission, by the Division of Trading and Markets, pursuant
to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-23928 Filed 10-8-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: May 11, 2009 (Volume 74, Number 89)]
[Notices]
[Page 21850-21851]
[DOCID:fr11my09-597]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2009-0095]

Technical Report on the Effectiveness of Amber Rear Turn Signals
for Reducing Rear Impacts

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.

ACTION: Request for comments on technical report.

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SUMMARY: This purpose of this report is to determine the effect of rear
turn signal color on the likelihood of being involved in a rear-end
crash. Federal Motor Vehicle Safety Standard No. 108 allows rear turn
signals to be either red or amber in color. The primary conclusion is
that amber rear turn signals are 5.3% more effective than red rear turn
signals at preventing involvement in crashes where a careful driver
would typically use the turn signals. The result is shown to be
statistically significant and consistent with other published analyses
on the influence of rear turn signal color.

DATES: Comments must be received no later than September 6, 2009

ADDRESSES:
    Report: The technical report is available on the Internet for
viewing in PDF format at http://www-nrd.nhtsa.dot.gov/Pubs/811115.PDF.
You may obtain a copy of the report free of charge by sending a self-
addressed mailing label to Kirk Allen (NVS-431), National Highway
Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington,
DC 20590.
    Comments: You may submit comments [identified by Docket Number
NHTSA-2009-0095] by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. Eastern Time,
Monday through Friday, except Federal holidays.
    You may call Docket Management at<PHONE_NUMBER>.
    Instructions: For detailed instructions on submitting comments, see
the Procedural Matters section of this document. Note that all comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Kirk Allen, Statistician, Evaluation
Division, NVS-431, National Center for Statistics and Analysis,
National Highway Traffic Safety Administration, Room W53-457, 1200 New
Jersey Avenue, SE, Washington, DC 20590. Telephone:<PHONE_NUMBER>. E-
mail<EMAIL_ADDRESS>    For information about NHTSA's evaluations of the effectiveness of
existing regulations and programs: Visit the NHTSA Web site at http://
www.nhtsa.dot.gov and click ``NCSA'' near the upper right corner on the
home page; then click ``Regulatory Evaluation'' under ``Browse Topics''
on the ``NCSA'' page.

SUPPLEMENTARY INFORMATION: Federal Motor Vehicle Safety Standard No.
108 allows rear turn signals to be either red or amber in color.
Previous work on this subject includes laboratory experiments and
analyses of crash data that suggest amber rear turn signals are
beneficial. The present study was designed around the concept of
``switch pairs''--make-models of passenger vehicles were identified
that had switched rear turn signal color, and crash involvement rates
were computed before and after the switch. This method should control
for extraneous factors related to vehicle and driver characteristics.
Crash data from NHTSA's State Data System was used in the analysis. The
principal finding of the report is that amber signals show a 5.3%
effectiveness in reducing involvement in two-vehicle crashes where a
lead vehicle is rear-struck in the act of turning left, turning right,
merging into traffic, changing lanes, or entering/leaving a parking
space. The advantage of amber rear turn signals is shown to be
statistically significant.

Procedural Matters

How can I influence NHTSA's thinking on this subject?

    NHTSA welcomes public review of the technical report. NHTSA will
submit to the Docket a response to the comments and, if appropriate,
will supplement or revise the report.

How do I prepare and submit comments?

    Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the Docket
number of this document (NHTSA-2009-0095) in your comments.
    Your primary comments must not be more than 15 pages long (49 CFR
553.21). However, you may attach additional documents to your primary
comments. There is no limit on the length of the attachments.
    Anyone is able to search the electronic form of all 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 DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477) or you may visit http://regulations.gov.
    Please send two paper copies of your comments to Docket Management,
fax them, or use the Federal eRulemaking Portal. The mailing address is
U. S. Department of Transportation, Docket Management Facility, M-30,
West Building, Ground Floor, Rm. W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590. The fax number is 1-202-493-2251. To use the
Federal eRulemaking Portal, go to http://www.regulations.gov and follow
the online instructions for submitting comments.
    We also request, but do not require you to send a copy to Kirk
Allen, Statistician, Evaluation Division, NVS-431, National Highway
Traffic Safety Administration, Room W53-312, 1200 New Jersey Avenue,
SE., Washington, DC 20590 (or e-mail them to kirk.allen@dot.gov). He
can check if your comments have been received at the Docket and he can
expedite their review by NHTSA.

How can I be sure that my comments were received?

    If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.

How do I submit confidential business information?

    If you wish to submit any information under a claim of
confidentiality, send three copies of your complete

submission, including the information you claim to be confidential
business information, to the Chief Counsel, National Highway Traffic
Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC
20590. Include a cover letter supplying the information specified in
our confidential business information regulation (49 CFR Part 512).
    In addition, send two copies from which you have deleted the
claimed confidential business information to U.S. Department of
Transportation, Docket Management Facility, M-30, West Building, Ground
Floor, Rm. W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,
or submit them via the Federal eRulemaking Portal.

Will the agency consider late comments?

    In our response, we will consider all comments that Docket
Management receives before the close of business on the comment closing
date indicated above under DATES. To the extent possible, we will also
consider comments that Docket Management receives after that date.
    Please note that even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the Docket for new material.

How can I read the comments submitted by other people?

    You may read the materials placed in the docket for this document
(e.g., the comments submitted in response to this document by other
interested persons) at any time by going to http://www.regulations.gov.
Follow the online instructions for accessing the dockets. You may also
read the materials at the Docket Management Facility by going to the
street address given above under ADDRESSES. The Docket Management
Facility is open between 9 a.m. and 5 p.m. Eastern Time, Monday through
Friday, except Federal holidays.

    Authority:  49 U.S.C. 30111, 30168; delegation of authority at
49 CFR 1.50 and 501.8.

James F. Simons,
Director, Office of Regulatory Analysis and Evaluation.
[FR Doc. E9-10858 Filed 5-8-09; 8:45 am]

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