[Federal Register Volume 79, Number 157 (Thursday, August 14, 2014)]
[Notices]
[Pages 47711-47718]
[FR Doc No: 2014-19250]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0020]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

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

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SUMMARY: FMCSA announces receipt of applications from 46 individuals
for exemption from the prohibition against persons with insulin-treated
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in
interstate commerce. If granted, the exemptions would allow these
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before September 15, 2014. All
comments will be investigated by FMCSA. The exemptions will be issued
the day after the comment period closes.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-201X-XXXX using any of the
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line Federal document management system
is available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System published in the Federal Register on January 17, 2008
(73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays. If you have questions
on viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' The statute also allows the Agency to renew
exemptions at the end of the 2-year period. The 46 individuals listed
in this notice have recently requested such an exemption from the
diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers
of CMVs in interstate commerce. Accordingly, the Agency has evaluated
the qualifications of each applicant to determine whether granting an
exemption will achieve the required level of safety mandated by
statute.

II. Qualifications of Applicants

James M. Brooks

    Mr. Brooks, 51, has had ITDM since 2004. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Brooks understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Brooks meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2014 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Virginia.

Gary L. Brown

    Mr. Brown, 52, has had ITDM since 2013. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Brown understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Brown meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2014 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Richard E. Campney

    Mr. Campney, 80, has had ITDM since 2012. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function

that occurred without warning in the past 12 months and no recurrent (2
or more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Campney understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Campney meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2014 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Iowa.

Steven J. Causie

    Mr. Causie, 52, has had ITDM since 2010. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Causie understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Causie meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Michigan.

Wesley A. Chain

    Mr. Chain, 32, has had ITDM since 2014. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Chain understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Chain meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Texas.

Richard M. Cohen

    Mr. Cohen, 63, has had ITDM since 2010. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Cohen understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Cohen meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2014 and certified that he does not
have diabetic retinopathy. He holds an operator's license from New
Jersey.

Alex A. Comella

    Mr. Comella, 57, has had ITDM since 2013. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Comella understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Comella meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from New Jersey.

Jeffrey R. Courtright

    Mr. Courtright, 27, has had ITDM since 1999. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Courtright understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Courtright meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Colorado.

Dwayne P. Daniels

    Mr. Daniels, 48, has had ITDM since 2014. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Daniels understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Daniels meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds a Class C CDL from Pennsylvania.

James T. Dodge

    Mr. Dodge, 44, has had ITDM since 2010. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Dodge understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Dodge meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Colorado.

Richard D. Domingo

    Mr. Domingo, 52, has had ITDM since 2013. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Domingo understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Domingo meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Nevada.

John J. Dominguez

    Mr. Dominguez, 54, has had ITDM since 2013. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Dominguez understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Dominguez meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2014 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Texas.

Mark S. Duda

    Mr. Duda, 57, has had ITDM since 2006. His endocrinologist examined
him in 2014 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Duda understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Duda meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2014 and certified that he does not have diabetic retinopathy. He
holds a Class B CDL from Pennsylvania.

Vernon L. Fulton, Jr.

    Mr. Fulton, 57, has had ITDM since 2008. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Fulton understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Fulton meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2014 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Oregon.

Gary W. Giles

    Mr. Giles, 49, has had ITDM since 1985. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Giles understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Giles meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Texas.

Benny B. Gonzales

    Mr. Gonzales, 61, has had ITDM since 2013. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Gonzales understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gonzales meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2014 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Texas.

Jerry W. Gott

    Mr. Gott, 63, has had ITDM since 2012. His endocrinologist examined
him in 2014 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Gott understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Gott meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2014 and certified that he does not have diabetic retinopathy.
He holds an operator's license from Iowa.

James L. Hummel

    Mr. Hummel, 57, has had ITDM since 2011. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Hummel understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hummel meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Washington.

Matthew J. Jensen

    Mr. Jensen, 37, has had ITDM since 2003. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Jensen understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Jensen meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Minnesota.

Joseph A. Kipus

    Mr. Kipus, 58, has had ITDM since 2013. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Kipus understands diabetes
management and monitoring, has stable control of his diabetes using

insulin, and is able to drive a CMV safely. Mr. Kipus meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Ohio.

Kevin L. Kreakie

    Mr. Kreakie, 39, has had ITDM since 1993. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Kreakie understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Kreakie meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2014 and certified that he has stable
nonproliferative and stable proliferative diabetic retinopathy. He
holds an operator's license from Ohio.

Gerald D. Layton

    Mr. Layton, 66, has had ITDM since 2014. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Layton understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Layton meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2014 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Texas.

Steve F. Levicoff

    Mr. Levicoff, 60, has had ITDM since 2014. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Levicoff understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Levicoff meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Kevin C. Lewis

    Mr. Lewis, 54, has had ITDM since 2014. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Lewis understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Lewis meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2014 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Louisiana.

Timothy M. Malo

    Mr. Malo, 57, has had ITDM since 2006. His endocrinologist examined
him in 2014 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Malo understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Malo meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2014 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Maine.

Paul J. Marshall

    Mr. Marshall, 51, has had ITDM since 1993. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Marshall understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Marshall meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Utah.

David L. Mc Donald

    Mr. Mc Donald, 59, has had ITDM since 2009. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Mc Donald understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Mc Donald meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Illinois.

Thomas K. Miszler

    Mr. Miszler, 61, has had ITDM since 2012. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Miszler understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Miszler meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Rusty A. Neal

    Mr. Neal, 43, has had ITDM since 2013. His endocrinologist examined
him in 2014 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function

that occurred without warning in the past 12 months and no recurrent (2
or more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Neal understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Neal meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2014 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Illinois.

Jacob B. Newman

    Mr. Newman, 49, has had ITDM since 2013. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Newman understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Newman meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Georgia.

Duke R. Pendergraft

    Mr. Pendergraft, 51, has had ITDM since 2014. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Pendergraft understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Pendergraft meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Texas.

Timothy K. Price

    Mr. Price, 54, has had ITDM since 1998. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Price understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Price meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from West Virginia.

Michael C. Prue

    Mr. Prue, 40, has had ITDM since 1985. His endocrinologist examined
him in 2014 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Prue understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Prue meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2014 and certified that he has stable nonproliferative diabetic
retinopathy. He holds a Class B CDL from Maine.

Juan C. Rodriguez-Martinez

    Mr. Rodriguez-Martinez, 45, has had ITDM since 2014. His
endocrinologist examined him in 2014 and certified that he has had no
severe hypoglycemic reactions resulting in loss of consciousness,
requiring the assistance of another person, or resulting in impaired
cognitive function that occurred without warning in the past 12 months
and no recurrent (2 or more) severe hypoglycemic episodes in the last 5
years. His endocrinologist certifies that Mr. Rodriguez-Martinez
understands diabetes management and monitoring, has stable control of
his diabetes using insulin, and is able to drive a CMV safely. Mr.
Rodriguez-Martinez meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His optometrist examined him in 2014 and certified
that he does not have diabetic retinopathy. He holds a Class A CDL from
California.

Bradlee R. Saxby

    Mr. Saxby, 30, has had ITDM since 2009. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Saxby understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Saxby meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Illinois.

Barry L. Schwab

    Mr. Schwab, 51, has had ITDM since 2004. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Schwab understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Schwab meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2014 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a chauffeur's license
from Michigan.

Geoffrey E. Showaker

    Mr. Showaker, 39, has had ITDM since 2005. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Showaker understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. Showaker meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and
certified that he has stable nonproliferative diabetic retinopathy. He
holds an operator's license from Pennsylvania.

Nicholas J. Shultz

    Mr. Shultz, 25, has had ITDM since 2000. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Shultz understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Shultz meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Indiana.

Kevin J. Sparks

    Mr. Sparks, 49, has had ITDM since 2013. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Sparks understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Sparks meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Maine.

George E. Thompson

    Mr. Thompson, 58, has had ITDM since 1998. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Thompson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. Thompson meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and
certified that he does not have diabetic retinopathy. He holds a Class
B CDL from New Jersey.

Dale W. Tucker

    Mr. Tucker, 68, has had ITDM since 2014. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Tucker understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Tucker meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2014 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Virginia.

William C. Vickery

    Mr. Vickery, 70, has had ITDM since 2013. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Vickery understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. Vickery meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2014 and certified
that he does not have diabetic retinopathy. He holds a Class A CDL from
New York.

Cheryl L. Weber Gambill

    Ms. Weber Gambill, 54, has had ITDM since 2014. Her endocrinologist
examined her in 2014 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
Her endocrinologist certifies that Ms. Weber Gambill understands
diabetes management and monitoring has stable control of her diabetes
using insulin, and is able to drive a CMV safely. Ms. Weber Gambill
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
Her optometrist examined her in 2014 and certified that she does not
have diabetic retinopathy. She holds a Class A CDL from Illinois.

Robert A. Whitcomb

    Mr. Whitcomb, 58, has had ITDM since 2013. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Whitcomb understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. Whitcomb meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His optometrist examined him in 2014 and certified
that he does not have diabetic retinopathy. He holds a Class B CDL from
Massachusetts.

Rodney L. Wichman

    Mr. Wichman, 54, has had ITDM since 1971. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Wichman understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. Wichman meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2014 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Illinois.

Richard D. Wiegartz

    Mr. Wiegartz, 59, has had ITDM since 1995. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in

the last 5 years. His endocrinologist certifies that Mr. Wiegartz
understands diabetes management and monitoring, has stable control of
his diabetes using insulin, and is able to drive a CMV safely. Mr.
Wiegartz meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2014 and certified that
he does not have diabetic retinopathy. He holds an operator's license
from Illinois.
    FMCSA has evaluated the eligibility of the 46 applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(3). Absent the receipt of comments indicating that a driver's
ability would not achieve the aforementioned level of safety, the
Agency will grant the drivers an exemption the day after the comment
period closes.

III. Diabetes Mellitus and Driving Experience of the Applicants

    The agency established the current requirement for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441) Federal
Register notice, in conjunction with the November 8, 2005 (70 FR 67777)
Federal Register notice, provides the current protocol for allowing
such drivers to operate CMVs in interstate commerce.
    These 46 applicants have had ITDM over a range of 1 to 43 years.
These applicants report no severe hypoglycemic reactions resulting in
loss of consciousness or seizure, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning symptoms in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the past 5 years. In each case,
an endocrinologist verified that the driver has demonstrated a
willingness to properly monitor and manage his/her diabetes mellitus,
received education related to diabetes management, and is on a stable
insulin regimen. These drivers report no other disqualifying
conditions, including diabetes-related complications. Each meets the
vision requirement at 49 CFR 391.41(b)(10).

IV. Basis for Exemption Determination

    Under 49 U.S.C 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption
is likely to achieve an equivalent or greater level of safety than
would be achieved without the exemption. The exemption allows the
applicants to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
granted applicants in the exemption document and they include the
following: (1) That each individual submit a quarterly monitoring
checklist completed by the treating endocrinologist as well as an
annual checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence all episodes of
severe hypoglycemia, significant complications, or inability to manage
diabetes; also, any involvement in an accident or any other adverse
event in a CMV or personal vehicle, whether or not it is related to an
episode of hypoglycemia; (3) that each individual provide a copy of the
ophthalmologist's or optometrist's report to the medical examiner at
the time of the annual medical examination; and (4) that each
individual provide a copy of the annual medical certification to the
employer for retention in the driver's qualification file, or keep a
copy in his/her driver's qualification file if he/she is self-employed.
The driver must also have a copy of the certification when driving, for
presentation to a duly authorized Federal, State, or local enforcement
official.

VI. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
    If you submit a comment, please include the docket number for this
notice (FMCSA-2014-0020), 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 the Agency can contact you if it has questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov and
put the docket number, ``FMCSA-2014-0020'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. . If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period and may change this notice based on your
comments.
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 and
insert the docket number, ``FMCSA-2014-0020'' in the ``Keyword'' box
and click ``Search.'' Next, click ``Open Docket Folder'' button and
choose the document listed to review. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590,

between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal
holidays.
Privacy Act
    All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have
provided. Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person 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 January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

    Issued on: August 7, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-19250 Filed 8-13-14; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Notices]
[Pages 47471-47472]
[FR Doc No: 2012-19364]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67585; File No. SR-NYSE-2012-33]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Implementing Certain Changes to the Credits Within the New York Stock
Exchange Price List That Are Applicable to Supplemental Liquidity
Providers

 August 2, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on July 25, 2012, New York Stock Exchange LLC (the ``Exchange''
or ``NYSE'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to certain changes to the credits within its
Price List that are applicable to Supplemental Liquidity Providers
(``SLPs''), which the Exchange proposes to become operative on August
1, 2012. The text of the proposed rule change is available on the
Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 certain changes to the credits within its
Price List that are applicable to SLPs, which the Exchange proposes to
become operative on August 1, 2012.
    SLPs are eligible for credits when adding liquidity to the NYSE.\3\
The amount of the credit is currently determined by the ``tier'' that
the SLP qualifies for, which is based on the SLP's level of quoting and
the average daily volume (``ADV'') \4\ of liquidity added by the SLP in
assigned securities.
---------------------------------------------------------------------------

    \3\ SLP credits are not applicable to executions of securities
with a per share price of $1.00 or more at the close.
    \4\ For purposes of SLP liquidity credits, ADV calculations
exclude early closing days.
---------------------------------------------------------------------------

    The Exchange proposes to amend the Price List, such that only the
following three credit rates would apply to SLPs: \5\
---------------------------------------------------------------------------

    \5\ SLP execution of securities with a per share price of $1.00
or more at the close would continue to be free.
---------------------------------------------------------------------------

    1. [sic] The current standard credit of $0.0015 per share (or
$0.0010 per share if a Non-Displayed Reserve Order) would apply when
adding liquidity to the Exchange in securities with a per share price
of $1.00 or more, if the SLP does not qualify for the higher credit set
forth in paragraph 2, below.
    2. [sic] The current credit of $0.0020 per share (or $0.0015 per
share if a Non-Displayed Reserve Order) would be increased to $0.0021
per share (or $0.0016 per share if a Non-Displayed Reserve Order) and
would apply when adding liquidity to the Exchange in securities with a
per share price of $1.00 or more if the SLP (i) meets the 10% average
or more quoting requirement in the assigned security pursuant to Rule
107B \6\ and (ii) adds liquidity of an ADV of more than 10 million
shares for all assigned SLP securities in the aggregate.\7\ The current
requirement related to adding liquidity of a certain percentage of
consolidated ADV (``CADV'') for an assigned security in the applicable
month would no longer be applicable.
---------------------------------------------------------------------------

    \6\ Quotes of an SLP that is a proprietary trading unit of a
member organization (``SLP-Prop'') and an SLP registered as a market
maker at the Exchange (``SLMM'') of the same member organization are
not aggregated for purposes of this calculation.
    \7\ This calculation includes shares of both an SLP-Prop and an
SLMM of the same member organization.
---------------------------------------------------------------------------

    3. [sic] The current credit of $0.005 per share when adding
liquidity to the Exchange in securities with a per share price of less
than $1.00 if the SLP (i) meets the 10% average or more quoting
requirement in an assigned security pursuant to Rule 107B \8\ and (ii)
adds liquidity of an ADV of more than 10 million shares for all
assigned SLP securities in the aggregate.\9\
---------------------------------------------------------------------------

    \8\ See supra note 3.
    \9\ See supra note 4.
---------------------------------------------------------------------------

    The result of this proposed change is that the current credit tiers
of $0.0021 per share (or $0.0016 per share if a Non-Displayed Reserve
Order) and $0.0024 per share (or $0.0019 per share if a Non-Displayed
Reserve Order) will be removed from the Price List, as will the
corresponding threshold requirements that are currently applicable to
these credits.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Securities Exchange Act of 1934 (the
``Act''),\10\ in general, and furthers the objectives of Section
6(b)(4) of the Act,\11\ in particular, because it provides for the
equitable allocation of reasonable dues, fees, and other charges among
its members and issuers and other persons using its facilities and does
not unfairly discriminate between customers, issuers, brokers or
dealers.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is reasonable,
equitable and not unfairly discriminatory because it would encourage
SLPs to send additional orders to the Exchange for execution in order
to qualify for an incrementally higher credit for such executions that
add liquidity on the Exchange. In this regard, the Exchange believes
that this may incentivize SLPs to increase the orders sent directly to
the Exchange and therefore provide liquidity that supports the quality
of price discovery and promotes market transparency.

    The Exchange also believes that the proposed rule change is
reasonable, equitable and not unfairly discriminatory because it would
streamline the Price List with respect to determining the particular
credit applicable to an SLP. Specifically, the Exchange believes that
eliminating the requirement that an SLP add liquidity of a certain
percentage of CADV for an assigned security in the applicable month, as
well as the additional tiers that currently correspond to such
percentages, would simplify the method by which SLPs are provided with
credits for adding liquidity.
    The Exchange believes that the rate of $0.0021 per share (or
$0.0016 per share if a Non-Displayed Reserve Order) is reasonable
because it is consistent with a rate that is currently available to
SLPs. The Exchange also believes that the proposed rate is reasonable
because it is directly related to an SLP's activity during the month in
assigned securities (i.e., the applicable 10% and 10 million share
thresholds). In this regard, the proposed change is intended to
incentivize SLPs to provide liquidity on the Exchange in order to
satisfy the applicable percentage and volume thresholds and would
result in a credit that is reasonably related to an exchange's market
quality that is associated with higher volumes.
    The Exchange believes that the proposed rule change is equitable
and not unfairly discriminatory because it will apply to all SLPs on an
equal and non-discriminatory basis. All similarly situated members on
the Exchange are subject to the same fee structure, and access to the
Exchange is offered on terms that are not unfairly discriminatory. In
this regard, the Exchange notes that the standard credit is available
to all SLPs. Likewise, all SLPs are eligible to qualify for the
increased credit, which, as discussed above, is based on whether an SLP
satisfies the applicable percentage and volume thresholds.
    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues. In such an environment, the Exchange must continually
review, and consider adjusting, its fees and credits to remain
competitive with other exchanges. For the reasons described above, the
Exchange believes that the proposed rule change reflects this
competitive environment.

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

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

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \12\ of the Act and subparagraph (f)(2) of Rule
19b-4 \13\ thereunder, because it establishes a due, fee, or other
charge imposed by the NYSE.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2012-33 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2012-33. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of 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-2012-33 and should be
submitted on or before August 29, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-19364 Filed 8-7-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 140 (Friday, July 22, 2022)]
[Notices]
[Page 43842]
[FR Doc No: 2022-15714]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ22-11-000]

Orlando Utilities Commission; Notice of Petition for Declaratory
Order

    Take notice that on July 15, 2022, pursuant to the Federal Energy
Regulatory Commission's (Commission) Rules of Practice and Procedure,
18 CFR 35.28(e), Orlando Utilities Commission (OUC), submitted a
Petition for Declaratory Order and revisions to its non-jurisdictional
Open Access Transmission Tariff to be effective 10/1/2022.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Petitioner.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at https://www.ferc.gov. Persons unable to file electronically may mail
similar pleadings to the Federal Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426. Hand delivered submissions in
docketed proceedings should be delivered to Health and Human Services,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (https://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. At this
time, the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on August 15, 2022.

    Dated: July 18, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-15714 Filed 7-21-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Notices]
[Page 75060]
[FR Doc No: 2022-26526]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4673-DR; Docket ID FEMA-2022-0001]

Florida; Amendment No. 11 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Florida (FEMA-4673-DR), dated September 29, 2022, and
related determinations.

DATES: This amendment was issued November 10, 2022.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is closed effective November 4, 2022.

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

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-26526 Filed 12-6-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 82, Number 160 (Monday, August 21, 2017)]
[Notices]
[Pages 39587-39589]
[FR Doc No: 2017-17566]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2013-E-0264; FDA-2013-E-0263; and FDA-2013-E-0218]

Determination of Regulatory Review Period for Purposes of Patent
Extension; RECUVYRA

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for RECUVYRA and is publishing
this notice of that determination as required by law. FDA has made the
determination because of the submission of applications to the Director
of the U.S. Patent and Trademark Office (USPTO), Department of
Commerce, for the extension of a patent which claims that animal drug
product.

DATES: Anyone with knowledge that any of the dates as published (in the
SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by October
20, 2017. Furthermore, any interested person may petition FDA for a
determination regarding whether the applicant for extension acted with
due diligence during the regulatory review period by February 20, 2018.
See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for more
information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before October 20, 2017. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of October 20, 2017. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and

identified, as confidential, if submitted as detailed in
``Instructions.''
    Instructions: All submissions received must include the Docket Nos.
FDA-2013-E-0264; FDA-2013-E-0263; and FDA-2013-E-0218 for
``Determination of Regulatory Review Period for Purposes of Patent
Extension; RECUVYRA.'' Received comments, those filed in a timely
manner (see ADDRESSES), will be placed in the docket and, except for
those submitted as ``Confidential Submissions,'' publicly viewable at
https://www.regulations.gov or at the Dockets Management Staff between
9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For animal drug products, the
testing phase begins on the earlier date when either a major
environmental effects test was initiated for the drug or when an
exemption under section 512(j) of the Federal Food, Drug, and Cosmetic
Act (the FD&C Act) (21 U.S.C. 360b(j)) became effective and runs until
the approval phase begins. The approval phase starts with the initial
submission of an application to market the animal drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of USPTO may award
(for example, half the testing phase must be subtracted as well as any
time that may have occurred before the patent was issued), FDA's
determination of the length of a regulatory review period for an animal
drug product will include all of the testing phase and approval phase
as specified in 35 U.S.C. 156(g)(4)(B).
    FDA has approved for marketing the animal drug product RECUVYRA
(fentanyl). RECUVYRA is indicated for the control of postoperative pain
associated with surgical procedures in dogs. Subsequent to this
approval, the USPTO received patent term restoration applications for
RECUVYRA (U.S. Patent Nos. 6,299,900; 6,818,226; and 6,916,486) from
Acrux DDS Pty. Ltd., and the USPTO requested FDA's assistance in
determining the patents' eligibility for patent term restoration. In a
letter dated April 26, 2016, FDA advised the USPTO that this animal
drug product had undergone a regulatory review period and that the
approval of RECUVYRA represented the first permitted commercial
marketing or use of the product. Thereafter, the USPTO requested that
FDA determine the product's regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
RECUVYRA is 2,092 days. Of this time, 2,037 days occurred during the
testing phase of the regulatory review period, while 55 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the FD&C Act (21
U.S.C. 355(i)) became effective: October 3, 2006. The applicant claims
August 31, 2005, as the date the investigational new animal drug
application (INAD) became effective. However, FDA records indicate that
the INAD effective date was October 3, 2006, which was the date a major
health or environmental effects test began.
    2. The date the application was initially submitted with respect to
the animal drug product under section 512 of the FD&C Act (21 U.S.C.
360b): April 30, 2012. The applicant claims April 18, 2012, as the date
the new animal drug application (NADA) for RECUVYRA (NADA 141-337) was
initially submitted. However, FDA records indicate that NADA 141-337
was submitted on April 30, 2012.
    3. The date the application was approved: June 23, 2012. FDA has
verified the applicant's claim that NADA 141-337 was approved on June
23, 2012.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its applications for patent extension,
this applicant seeks 1,279 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in 21 CFR 60.30, any interested person may petition FDA for a
determination regarding whether the applicant for extension acted with
due diligence during the regulatory review period. To meet its burden,
the petition must be timely (see DATES) and contain sufficient facts to
merit an FDA investigation. (See H. Rept. 857, part 1, 98th Cong., 2d
sess., pp. 41-42, 1984.) Petitions should be in the format specified in
21 CFR 10.30.

    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: August 15, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2017-17566 Filed 8-18-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 100 (Friday, May 22, 2020)]
[Notices]
[Pages 31281-31282]
[FR Doc No: 2020-11021]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2020-0027-N-10]

Proposed Agency Information Collection Activities; Comment
Request

AGENCY: Federal Railroad Administration (FRA), U.S. Department of
Transportation (DOT).

ACTION: Notice of information collection; request for comment.

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

SUMMARY: Under the Paperwork Reduction Act of 1995 (PRA) and its
implementing regulations, this notice announces that FRA is forwarding
the Information Collection Requests (ICRs) abstracted below to the
Office of Management and Budget (OMB) for review and comment. These
ICRs describe the information collections and their expected burdens.
On March 16, 2020, FRA published a notice providing a 60-day period for
public comment on the ICRs.

DATES: Interested persons are invited to submit comments on or before
June 22, 2020.

ADDRESSES: Written comments and recommendations for the proposed ICRs
should be sent within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find the particular ICR by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.

FOR FURTHER INFORMATION CONTACT: Ms. Hodan Wells, Information
Collection Clearance Officer, Office of Railroad Safety, Regulatory
Analysis Division, Federal Railroad Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590.

SUPPLEMENTARY INFORMATION: The PRA, 44 U.S.C. 3501-3520, and its
implementing regulations, 5 CFR part 1320, require Federal agencies to
issue two notices seeking public comment on information collection
activities before OMB may approve paperwork packages. See 44 U.S.C.
3506, 3507; 5 CFR 1320.8 through 1320.12. On March 16, 2020, FRA
published a 60-day notice in the Federal Register soliciting comment on
the ICRs for which it is now seeking OMB approval. See 85 FR 15020. FRA
received no comments in response to this notice.
    Before OMB decides whether to approve these proposed collections of
information, it must provide 30 days for public comment. Federal law
requires OMB to approve or disapprove paperwork packages between 30 and
60 days after the 30-day notice is published. 44 U.S.C. 3507(b)-(c); 5
CFR 1320.12(d); see also 60 FR 44978, 44983, Aug. 29, 1995. OMB
believes the 30-day notice informs the regulated community to file
relevant comments and affords the agency adequate time to digest public
comments before it renders a decision. 60 FR 44983, Aug. 29, 1995.
Therefore, respondents should submit their respective comments to OMB
within 30 days of publication to best ensure having their full effect.
    Comments are invited on the following ICRs regarding: (1) Whether
the information collection activities are necessary for FRA to properly
execute its functions, including whether the information will have
practical utility; (2) the accuracy of FRA's estimates of the burden of
the information collection activities, including the validity of the
methodology and assumptions used to determine the estimates; (3) ways
for FRA to enhance the quality, utility, and clarity of the information
being collected; and (4) ways to minimize the burden of information
collection activities on the public, including the use of automated
collection techniques or other forms of information technology.
    The summaries below describe the ICRs that FRA will submit for OMB
clearance as the PRA requires:
    Title: Railroad Communications.
    OMB Control Number: 2130-0524.
    Abstract: This collection of information is used by FRA to promote
safety in rail operations and to ensure compliance by railroads and
their employees with all the requirements set forth in 49 CFR part 220.
FRA amended its radio standards and procedures to promote compliance by
making the regulations more flexible; require wireless communications
devices, including radios, for specified classifications of railroad
operations and roadway workers; and retitle this part to reflect its
coverage of other means of wireless communications, such as cellular
telephones and data radio terminals, to convey emergency and need-to-
know information. The amended rule established safe, uniform procedures
covering the use of radio and other wireless communications within the
railroad industry.
    Type of Request: Extension with change (revised estimates) of a
currently approved collection.
    Affected Public: Businesses.
    Form(s): N/A.
    Respondent Universe: 746 railroads.
    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 4,119,004.
    Total Estimated Annual Burden: 95,902 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent:
$7,288,552.
    Title: Passenger Train Emergency Systems.
    OMB Control Number: 2130-0576.
    Abstract: This information collection is due to passenger train
emergency systems regulations under 49 CFR part 238. The purpose of
this part is to prevent collisions, derailments, and other occurrences
involving railroad passenger equipment that cause injury or death to
railroad employees, railroad passengers, or the general public, and to
mitigate the consequences of such occurrences to the extent they cannot
be prevented.
    In its final rule issued on November 29, 2013 (see 78 FR 71785),
FRA added requirements for emergency passage through vestibule and
other interior passageway doors and enhanced emergency egress and
rescue signage requirements. FRA also established requirements for low-
location emergency exit path markings to assist occupants in reaching
and operating emergency exits, particularly under conditions of limited
visibility. Moreover, FRA added standards to ensure emergency lighting
systems are provided in all passenger cars and enhanced requirements
for the survivability of emergency lighting systems in new passenger
cars.
    Type of Request: Extension with change (revised estimates) of a
currently approved collection.
    Affected Public: Businesses (railroads).

    Form(s): N/A.
    Respondent Universe: 34 railroads.
    Frequency of Submission: On occasion.
    Total Estimated Annual Responses: 8,310.
    Total Estimated Annual Burden: 859 hours.
    Total Estimated Annual Burden Hour Dollar Cost Equivalent: $65,269.
    Under 44 U.S.C. 3507(a) and 5 CFR 1320.5(b) and 1320.8(b)(3)(vi),
FRA informs all interested parties that it may not conduct or sponsor,
and a respondent is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

    Authority:  44 U.S.C. 3501-3520.

Brett A. Jortland,
Deputy Chief Counsel.
[FR Doc. 2020-11021 Filed 5-21-20; 8:45 am]
 BILLING CODE 4910-06-P


RELEASE NOTES for CAMx v6.30, 04/08/16

The Comprehensive Air Quality Model with extensions (CAMx) is available at
http://www.camx.com.

Overview of Version 6.30
------------------------

V6.30 includes new features, modifications, and bug fixes from the previous
release (v6.20).

* Use the chemistry parameters files specifically labeled for v6.30. New files
  are available for Mechansims 4 (CB6r3) and 5 (SAPRC07TC).
* A new version of TUV is available to support SAPRC07TC.
* The 2D time-variant met file has changed to include new snow cover variables.
  CAMx remains backward compatible with the original snow cover input.
* A new source apportionment region map file format supports fractional region
  definitions per grid cell. CAMx remains backward compatible with the original
  region map format.
* The CAMx control file namelist has changed to support certain modifications.
* There are no changes to other I/O file formats from v6.20.
* The CAMx makefile now supports the Gnu Fortran compiler (gfortran).
* The Makefile for 32-bit compilers is no longer supported.

v6.30 New Features and Major Updates
------------------------------------

1. Several modifications were implemented to improve model speed.

   Implications: Our tests without Probing Tools indicate speed increases by
                 15-50%, depending on model configuration (grid number and size,
                 PiG, chemistry mechanism), compiler and chipset. These changes
                 have minimal impacts on concentration results (e.g., ozone
                 differences < 1 ppb).

2. OSAT has been expanded to include a more robust handling of O3-NOy
   interactions and to improve consistency with PSAT nitrate chemistry.

   Implications: OSAT now tracks odd oxygen and nitrogen through NOy chemistry
                 to account for NOx recycling of ozone.  OSAT is now more
                 consistent with the PSAT nitrate treatment.  Many more OSAT
                 tracers are necessary, and this affects memory requirements
                 and model speed.  Expect to see slightly more ozone
                 contributions from long range transport, and commensurately
                 less contributions from local emissions.
           NOTE: With this update, source apportionment is not available for
                 the following chemical mechanisms: 3 (CB6r2h); 5 (SAPRC07TC).

3. CAMx can now run on WRF Mercator and Polar projections.

   Implications: A parallel modification has been made to WRFCAMx (v4.4) to
                 support the new projections. Some namelist variables have
                 changed to support this update and to improve clarity.

4. A new snow albedo treatment has been incorporated based on the WRF/NOAH
   land surface model.

   Implications: Time/space-varying snow albedo is determined based on landuse,
                 snow depth and age.  Modifications have been made to WRFCAMx
                 (v4.4) to read snow variables from WRF and to pass snow depth
                 and age fields to CAMx via the 2-D time-variant input file.
                 TUV includes an update to extend the range of albedo classes.
                 Net surface albedo in snow-covered grid cells can be
                 substantially different from the original constant value of
                 50%, and this can have a large impact on photochemical
                 activity.

5. A new CB6 chemistry mechanism (CB6r3 -- mechanism 4) has been introduced
   that includes a temperature- and pressure-dependent organic nitrate branching
   ratio.

   Implications: This update was found to be important for photochemistry in
                 cold and/or elevated conditions, such as wintertime in the
                 US inter-mountain west. Generally, the effect of this change
                 is to reduce ozone production slightly relative to CB6r2 in
                 cold conditions.  There are no appreciable effects in warm
                 conditions that are more typical of the ozone season.

6. SAPRC07TC has replaced SAPRC99 (mechanism 5).

   Implications: SAPRC07 is a more recent gas-phase chemistry mechanism that
                 has replaced the dated SAPRC99 mechanism.  SAPRC07TC is a
                 variant of SAPRC07 that includes extra model species for toxics
                 and uses numerical expressions of rate constants that are
                 compatible with the current chemistry mechanism solver.
                 SAPRC07TC is consistent with the version in CMAQ so that
                 emissions will work in either model.

v6.30 Modifications
-------------------

1. The VBS organic aerosol option has been updated to add a basis set for
   organics from meat cooking, and to remove the internal allocation of POA
   emissions to individual POA and IVOC basis sets.

   Implications: Use the new VBS emissions preprocessor PREPVBS to develop POA
                 and IVOC emissions for all basis sets.  CAMx will stop with an
                 error message if all needed emissions are not found on the
                 emission input files.  See the User's Guide for more
                 information.

2. Heterogeneous reaction rates have been updated.

   Implications: The rate for N2O5+H2O->HNO3 has been updated, and a new rate
                 calculation has been added for N2O5+HCl->CLN2+HNO3.

3. Source apportionment can now use a new source region map format that supports
   fractional (partial) area assignments for each grid cell.

   Implications: Previously, source region maps simply assigned each grid cell
                 to a single source region.  The addition of an optional
                 partial region map allows the user to define multiple regions
                 to each grid cell by source sector.  See the User's Guide for
                 more information.

4. Updated calculations of PiG dry and wet deposition for source apportionment
   tracers.

   Implications: This change improves upon inconsistencies found in treating
                 dry and wet deposition from PiG puffs and deposition sums of
                 source apportionment tracers.

5. The surface chemistry model has been extended to work with the Zhang dry
   deposition option and a new snow compartment has been added.

   Implications: Surface chemistry is now performed for a third (snow, if
                 present) surface type on top of soil and vegetation.  This
                 update is tied to the snow albedo update.  See the User's
                 Guide for more information.

6. One of the definitions for the PiG shear flag (SHRFLG=1) has been updated.
   A PiG sampling criterion has changed.

   Implications:  SHRFLG=1 now means puff growth by wind shear is always
                  applied in the boundary layer (not just during neutral/
                  unstable conditions) and never applied above the boundary
                  layer.  PiG puffs are now sampled when puffs extend to within
                  10 m of the surface (rather than simply extending into the
                  surface layer) to remove sensitivity to choice of layer
                  structure.

7. A new user option called "ALLR" has been added to force the model to output
   gridded average concentrations for all species including radicals.

   Implications: The option "ALL" outputs all "state" (transported) species to
                 the average and deposition output files.  "ALLR" includes all
                 radicals on the average concentration output files.

8. New flags have been added to the CAMx control (namelist) file to explicitly
   control the use of source apportionment and DDM point source override at
   runtime.

   Implications: Source apportionment and DDM point source override flags can
                 be set for each stack to specify each stack's region
                 assignment.  These flags are set within the input point source
                 files (a transparent feature), so users' may not know that such
                 flags are set; this can lead to confusing SA or DDM results.
                 The new namelist flags allow the user to explicitly turn the
                 override feature on or off at runtime.  See the User's Guide
                 for more information.

9. The Implicit-Explicit Hybrid (IEH) chemistry solver option has been
   removed.

   Implications: IEH has been unnecessary since the introduction of the faster
                 Euler-Backward Iterative (EBI) scheme, which is the default
                 solver.

10. The source apportionment option "GOAT" has been removed.

   Implications: GOAT was an attribution option developed in early versions of
                 OSAT, and is now considered obsolete.

v6.30 Bug Fixes
---------------

1. Removed "-Mconcur=nonuma" from the PGF90 comiler flag list.

   Implications: This flag causes the model to run much slower (by factors of
                 10 or more) for later versions of PGF90 (v13+).

2. Fixed several MPI bugs found for PiG sampling grids.

   Implications: This bug led to clearly incorrect plume patterns on sampling
                 grids relative to non-MPI simulations.  MPI and non-MPI results
                 are now equivalent.

3. Fixed a bug in the sign of v-component divergence in the calculations of PiG
   puff vertical advection.

   Implications: Minor impacts to puff elevation above ground.

4. Fixed two bugs related to RTRAC species names.

   Implications: A fix to the MPI pass of RTRAC species names resolved
                 segmentation faults.  Another minor bug was found when
                 checking attributes for RTCMC species.  Some species types may
                 have been incorrectly assigned, depending on how species were
                 ordered in the RTCMC/IMC chemistry parameters file.  The check
                 has been corrected and is now more robust.

5. Minor bug fix to the zenith angle routine GETZNTH in cases when cos(zenith)
   < -1.

   Implications: The cause for cos(zenith)<-1 remains unknown, but code has
                 been modified to trap this, ensuring -1=<cos(zenith)<=+1.

6. Fixed bug in wet deposition of gas-phase species in cases of rain
   evaporation.  Thanks to Ondrej Vlcek, CHMI.

   Implications: Accumulated masses of certain gas species in precipitation
                 could occasionally become slightly negative, resulting in small
                 negative gas concentrations in cases when rain evaporates
                 before reaching the ground (a problem trapped by a check before
                 chemistry).  Accumulated mass is now limited to zero/positive
                 values.