[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Notices]
[Pages 35705-35712]
[FR Doc No: 2015-15179]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0061]

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 51 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 enable these
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before July 22, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2015-0061 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://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: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or 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., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) 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: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Carrier, Driver and Vehicle Safety Standards,<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.

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 51 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 will evaluate
the qualifications of each applicant to determine whether granting the
exemption will achieve the required level of safety mandated by
statute.

II. Qualifications of Applicants

Timothy G. Baker

    Mr. Baker, 64, has had ITDM since 2011. His endocrinologist
examined him in 2015 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. Baker understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Baker meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Nebraska.

Daniel E. Benes

    Mr. Benes, 52, has had ITDM since 2014. His endocrinologist
examined him in 2015 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. Benes understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Benes meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Wisconsin.

William E. Blake

    Mr. Blake, 60, has had ITDM since 2013. His endocrinologist
examined him in 2015 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. Blake understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Blake meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Texas.

Thomas M. Burns

    Mr. Burns, 38, has had ITDM since 2011. His endocrinologist
examined him in 2015 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. Burns understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Burns meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds an operator's license from New
Jersey.

George W. Cahall

    Mr. Cahall, 57, has had ITDM since 2011. His endocrinologist
examined him in 2015 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. Cahall understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Cahall meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Delaware.

John T. Curry

    Mr. Curry, 60, has had ITDM since 2007. His endocrinologist
examined him in 2015 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. Curry understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Curry meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Tennessee.

Willie D. Davis

    Mr. Davis, 73, has had ITDM since 2014. His endocrinologist
examined him in 2015 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. Davis understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Davis meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Illinois.

Alan E. Dean

    Mr. Dean, 66, has had ITDM since 2014. His endocrinologist examined
him in 2015 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. Dean understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Dean meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2015 and certified that he does not have diabetic retinopathy. He
holds a Class B CDL from Nebraska.

Christopher A. DiCioccio

    Mr. DiCioccio, 24, has had ITDM since 2012. His endocrinologist
examined him in 2015 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. DiCioccio understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. DiCioccio meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Connecticut.

Johnny L. Emory

    Mr. Emory, 71, 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. Emory understands diabetes management and
monitoring, has stable control of his diabetes using insulin, and is
able to drive a CMV safely. Mr. Emory meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2015 and certified that he has stable nonproliferative diabetic
retinopathy. He holds a Class A CDL from Kansas.

Ike Gibbs

    Mr. Gibbs, 51, has had ITDM since 2014. His endocrinologist
examined him in 2015 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. Gibbs understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gibbs meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from California.

Joseph Gipson

    Mr. Gipson, 60, has had ITDM since 2009. His endocrinologist
examined him in 2015 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. Gipson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gipson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Kansas.

Juan Gomez Jr.

    Mr. Gomez, 50, has had ITDM since 2012. His endocrinologist
examined him in 2015 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. Gomez understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gomez meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Iowa.

George A. Gross

    Mr. Gross, 74, has had ITDM since 2010. His endocrinologist
examined him in 2015 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. Gross understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gross meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from New York.

Herman L. Hall

    Mr. Hall, 71, 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. Hall understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Hall meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2015 and certified that he does not have diabetic retinopathy.
He holds a Class C CDL from New Jersey.

Grover D. Johnson

    Mr. Johnson, 63, has had ITDM since 2013. His endocrinologist
examined him in 2015 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. Johnson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Johnson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from New York.

Bruce E. Johnston

    Mr. Johnston, 36, 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. Johnston understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Johnston 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.

Francis D. Judd

    Mr. Judd, 60, has had ITDM since 2011. His endocrinologist examined
him in 2015 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. Judd understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Judd 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 Massachusetts.

William J. Kaszubski

    Mr. Kaszubski, 60, has had ITDM since 2005. His endocrinologist
examined him in 2015 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. Kaszubski understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Kaszubski 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.

George S. Kean

    Mr. Kean, 69, has had ITDM since 2014. His endocrinologist examined
him in 2015 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. Kean understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Kean meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2015 and certified that he does not have diabetic retinopathy. He
holds a Class B CDL from New Hampshire.

Jeffrey K. Lageson

    Mr. Lageson, 67, has had ITDM since 1997. His endocrinologist
examined him in 2015 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. Lageson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Lageson 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.

Yehuda Lauber

    Mr. Lauber, 36, has had ITDM since 1986. His endocrinologist
examined him in 2015 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. Lauber understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Lauber meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from New York.

Rickie D. Leonard

    Mr. Leonard, 49, has had ITDM since 2012. His endocrinologist
examined him in 2015 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. Leonard understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Leonard meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Washington.

Travis R. Mendenhall

    Mr. Mendenhall, 40, has had ITDM since 2013. His endocrinologist
examined him in 2015 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. Mendenhall understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Mendenhall meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Ohio.

Danny R. Middlebrooks

    Mr. Middlebrooks, 62, has had ITDM since 2011. His endocrinologist
examined him in 2015 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. Middlebrooks understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Middlebrooks
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
His optometrist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Georgia.

Kyle A. Mininger

    Mr. Mininger, 21, has had ITDM since 2008. His endocrinologist
examined him in 2015 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. Mininger understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. Mininger meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His optometrist examined him in 2015 and certified
that he does not have diabetic retinopathy. He holds an operator's
license from Alabama.

John T. Murchison, Jr.

    Mr. Murchison, 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. Murchison understands diabetes
management and monitoring,

has stable control of his diabetes using insulin, and is able to drive
a CMV safely.
    Mr. Murchison meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His optometrist examined him in 2015 and certified
that he does not have diabetic retinopathy. He holds a Class A CDL from
Tennessee.

Axel J. M. Murphy

    Mr. Murphy, 22, has had ITDM since 1999. His endocrinologist
examined him in 2015 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. Murphy understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. Murphy meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2015 and certified
that he does not have diabetic retinopathy. He holds an operator's
license from Minnesota.

Charles M. Naylis

    Mr. Naylis, 63, has had ITDM since 2014. His endocrinologist
examined him in 2015 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. Naylis understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Naylis 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.

Craig J. Nelson

    Mr. Nelson, 27, has had ITDM since 2006. His endocrinologist
examined him in 2015 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. Nelson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. Nelson meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2015 and certified that
he does not have diabetic retinopathy. He holds an operator's license
from Illinois.

Richard A. Nigro

    Mr. Nigro, 55, has had ITDM since 2015. His endocrinologist
examined him in 2015 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. Nigro understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Nigro meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from New
Jersey.

Thomas S. O'Brien

    Mr. O'Brien, 50, has had ITDM since 2014. His endocrinologist
examined him in 2015 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. O'Brien understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. O'Brien meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2015 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Texas.

Paul T. Ozbun

    Mr. Ozbun, 55, has had ITDM since 2013. His endocrinologist
examined him in 2015 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. Ozbun understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Ozbun 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 Oklahoma.

Modesto F. Pedote

    Mr. Pedote, 49, has had ITDM since 2005. His endocrinologist
examined him in 2015 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. Pedote understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Pedote meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from New York.

David M. Pomeroy

    Mr. Pomeroy, 49, has had ITDM since 1971. His endocrinologist
examined him in 2015 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. Pomeroy understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. Pomeroy meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2015 and certified that
he does not have diabetic retinopathy. He holds a Class B CDL from
Iowa.

Matthew C. Preston

    Mr. Preston, 35, has had ITDM since 2014. His endocrinologist
examined him in 2015 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. Preston understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely.
    Mr. Preston meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2015 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Kentucky.

Anthony A. Rachuy

    Mr. Rachuy, 34, has had ITDM since 2014. His endocrinologist
examined him in 2015 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. Rachuy understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. Rachuy meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2015 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Minnesota.

Joseph C. Richards

    Mr. Richards, 56, 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. Richards understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. Richards meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His optometrist examined him in 2015 and certified
that he does not have diabetic retinopathy. He holds a Class A CDL from
Maryland.

Dwight B. Richardson

    Mr. Richardson, 59, has had ITDM since 2013. His endocrinologist
examined him in 2015 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. Richardson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. Richardson meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and
certified that he does not have diabetic retinopathy. He holds an
operator's license from Texas.

James C. Rocco

    Mr. Rocco, 43, has had ITDM since 2007. His endocrinologist
examined him in 2015 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. Rocco understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Rocco meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from New Jersey.

Daniel A. Ryan

    Mr. Ryan, 72, has had ITDM since 2014. His endocrinologist examined
him in 2015 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. Ryan understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Ryan meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2015 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Minnesota.

Patrick J. Severance

    Mr. Severance, 53, has had ITDM since 2007. His endocrinologist
examined him in 2015 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. Severance understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. Severance meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His optometrist examined him in 2015 and certified
that he does not have diabetic retinopathy. He holds a Class A CDL from
New York.

Timothy F. Showers

    Mr. Showers, 59, has had ITDM since 2015. His endocrinologist
examined him in 2015 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. Showers understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. Showers meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2015 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Wisconsin.

James A. Smit

    Mr. Smit, 50, has had ITDM since 2015. His endocrinologist examined
him in 2015 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. Smit understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV

safely. Mr. Smit meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His optometrist examined him in 2015 and certified
that he does not have diabetic retinopathy. He holds a Class A CDL from
Minnesota.

John W. Smith

    Mr. Smith, 66, has had ITDM since 2012. His endocrinologist
examined him in 2015 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. Smith understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Smith meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Montana.

Roland Thenor

    Mr. Thenor, 43, 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. Thenor understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. Thenor 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 New
York.

Billy L. Wagner

    Mr. Wagner, 58, has had ITDM since 2014. His endocrinologist
examined him in 2015 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. Wagner understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. Wagner meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His optometrist examined him in 2015 and certified that
he does not have diabetic retinopathy. He holds a Class A CDL from
Illinois.

Steven L. Wear

    Mr. Wear, 65, has had ITDM since 2001. His endocrinologist examined
him in 2015 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. Wear understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Wear meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2015 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from North Dakota.

Jeffrey S. Wilkinson

    Mr. Wilkinson, 44, 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. Wilkinson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. Wilkinson meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and
certified that he has stable nonproliferative diabetic retinopathy. He
holds an operator's license from Indiana.

James T. Young

    Mr. Young, 69, 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. Young understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Young meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Michigan.

David J. Zelhart

    Mr. Zelhart, 52, has had ITDM since 1973. His endocrinologist
examined him in 2015 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. Zelhart understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. Zelhart meets the requirements of the vision standard at 49 CFR
391.41(b)(10). His ophthalmologist examined him in 2015 and certified
that he has stable nonproliferative diabetic retinopathy. He holds a
Class A CDL from Illinois.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the date section
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441).\1\ The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------

    \1\ Section 4129(a) refers to the 2003 notice as a ``final
rule.'' However, the 2003 notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
---------------------------------------------------------------------------

    Section 4129 requires: (1) elimination of the requirement for 3
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum

period of insulin use to demonstrate stable control of diabetes before
being allowed to operate a CMV.
    In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year driving experience and fulfilled
the requirements of section 4129 while continuing to ensure that
operation of CMVs by drivers with ITDM will achieve the requisite level
of safety required of all exemptions granted under 49 U.S.C.. 31136(e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary.
    The FMCSA concluded that all of the operating, monitoring and
medical requirements set out in the September 3, 2003 notice, except as
modified, were in compliance with section 4129(d). Therefore, all of
the requirements set out in the September 3, 2003 notice, except as
modified by the notice in the Federal Register on November 8, 2005 (70
FR 67777), remain in effect.

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2015-0061 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-2015-0061 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

    Issued on: June 8, 2015.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-15179 Filed 6-19-15; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Rules and Regulations]
[Pages 53820-53822]
[FR Doc No: 2011-22198]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0511]
RIN 1625-AA00

Safety Zone; Missouri River From the Border Between Montana and
North Dakota

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; change of effective period.

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SUMMARY: The Coast Guard is extending the effective period for the
temporary safety zone on the specified waters of the Missouri River
from the Montana and North Dakota border to the confluence with the
Mississippi River, extending the entire width of the river. Temporary
section 33 CFR 165.T11-0511, which established the temporary safety
zone, was set to expire August 30, 2011. Extending the effective period
for this safety zone provides continued and uninterrupted protection of
levees and personnel involved in ongoing high water response.
Continuing the safety zone will significantly reduce the threat of
destruction to levees and vessels and tows.

DATES: Section 165.T11-0511 temporarily added at 76 FR 37647, June 28,
2011, effective from June 2, 2011 to August 30, 2011, will continue in
effect through October 31, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0511 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0511 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice, call or e-mail Lieutenant Commander (LCDR) Scott Stoermer,
Sector Upper Mississippi River, Coast Guard at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. This rule extends the existing
temporary safety zone on the Missouri River from the border between
Montana and North Dakota at 104.05 degrees west longitude to the
confluence with the Mississippi River at 90.11 degrees West longitude
and extending the entire width of the river, which is currently set to
expire on August 30, 2011. This extension is necessary to continue
uninterrupted protection of levees and personnel involved in ongoing
high water response.
    Failing to extend the effective dates for this rule pending
completion of notice and comment rulemaking is impracticable and
contrary to the public interest because it would cause a gap in the
ability to enforce the needed safety zone for protection of all
responders, the response efforts, and the environment. For the same
reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register.

Basis and Purpose

    The safety zone in place pursuant to the temporary final Rule at
docket USCG-2011-0511 (76 FR 37647) established a safety zone for the
record flooding on the Missouri River from June 2, 2011 through August
30, 2011. The safety zone was enforced through actual notice from June
2, 2011 until June 28, 2011, when the rule published in the Federal
Register to ensure seamless protection of those involved in the
response efforts. This rule extends the effective dates of the
temporary safety zone on the Missouri River from the border between
Montana and North Dakota at 104.05 degrees west longitude to the
confluence with the Mississippi River at 90.11 degrees West longitude
and extending the entire width of the river, which is currently set to
expire on August 30, 2011. The temporary safety zone created by this
rule ensures that there is no gap in authority to protect all
responders, levees, and tow boats and tows.

Discussion of Rule

    The Coast Guard is extending the effective date of a safety zone
encompassing the entire Missouri River from the border between Montana
and North Dakota at 104.05 degrees west longitude to the confluence
with the Mississippi River at 90.11 degrees West longitude and
extending the entire width of the river.
    During enforcement periods, vessels and tows may not enter this
zone unless authorized by the Captain of the Port Sector Upper
Mississippi River. Emergency response boats or vessels may enter these
waters when responding to emergent situations on or near the river. The
Captain of the Port Sector Upper Mississippi River will

inform the public through broadcast notices to mariners and/or marine
safety information bulletins when enforcement periods are in place and
of all safety zone changes. When enforcement is implemented, vessels
currently in the safety zone will be provided opportunity to safely
exit the restricted area.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under that those Orders.
    Notifications to the marine community will be made through
broadcast notices to mariners and/or marine safety information
bulletins. Vessels requiring entry into or passage through the Safety
Zone may request permission from the Captain of the Port Sector Upper
Mississippi, or a designated representative and entry will be evaluated
on a case-by-case basis to minimize impact and protect the general
public, levee system, vessels from destruction, and loss or injury due
to the hazards associated with rising flood water. The impacts on
routine navigation are expected to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    This temporary safety zone is not expected to have a significant
economic impact on a substantial number of small entities because
vessels may request permission to transit the area from the Captain of
the Port Sector Upper Mississippi, or a designated representative, for
passage through the Safety Zone. Passage through the safety zone will
be evaluated on a case-by-case basis to minimize impact and protect the
general public, levee system, vessels from destruction, and loss or
injury due to the hazards associated with rising flood water. If you
are a small business entity and are significantly affected by this
regulation, please contact LCDR Scott Stoermer, Sector Upper
Mississippi River, Coast Guard at<PHONE_NUMBER>.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of

Management and Budget, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction, from further environmental documentation since
implementation of this action will not result in any significant
cumulative impacts on the human environment; does not involve a
substantial change to existing environmental conditions; and is
consistent with Federal, State, and/or local laws or administrative
determinations relating to the environment. This rule involves
establishing a temporary safety zone.
    Pursuant to paragraph (34)(g) of the Instruction, an environmental
checklist and a categorical exclusion checklist are available in the
docket indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

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

PART 165--SAFETY ZONES

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

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

0
2. Section 165.T11-0511 temporarily added at 76 FR 37647, 28 June 2011,
effective from June 2, 2011 to August 30, 2011, will continue in effect
through October 31, 2011.

    Dated: August 18, 2011.
B.L. Black,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2011-22198 Filed 8-29-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 147 (Thursday, July 30, 2020)]
[Notices]
[Pages 45890-45892]
[FR Doc No: 2020-16534]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0622]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Color Additive
Certification Requests and Recordkeeping

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Submit written comments (including recommendations) on the
collection of information by August 31, 2020.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The OMB control number for
this information collection is 0910-0216. Also include the FDA docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Color Additive Certification Requests and Recordkeeping--21 CFR Part 80

OMB Control Number 0910-0216--Extension

    We have regulatory oversight for color additives used in foods,
drugs, cosmetics, and medical devices. Section 721(a) of the Federal
Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 379e(a)) provides
that a color additive shall be deemed to be unsafe unless it meets the
requirements of a listing regulation, including any requirement for
batch certification, and is used in accordance with the regulation. We
list color additives that have been shown to be safe for their intended
uses in Title 21 of the Code of Federal Regulations (CFR). We require
batch certification for all color additives listed in 21 CFR part 74
and for all color additives provisionally listed in 21 CFR part 82.
Color additives listed in 21 CFR part 73 are exempted from
certification.
    The requirements for color additive certification are described in
21 CFR part 80. In the certification procedure, a representative sample
of a new batch of color additive, accompanied by a ``request for
certification'' that provides information about the batch, must be
submitted to FDA's Office of Cosmetics and Colors. FDA personnel
perform chemical and other analyses of the representative sample and,
providing the sample satisfies all certification requirements, issue a
certification lot number for the batch. We charge a fee for
certification based on the batch weight and require manufacturers to
keep records of the batch pending and after certification.
    Under Sec.  80.21 (21 CFR 80.21), a request for certification must
include: name of color additive, manufacturer's batch number and weight
in pounds, name and address of manufacturer, storage conditions,
statement of use(s), certification fee, and signature of person
requesting certification. Under Sec.  80.22 (21 CFR 80.22), a request
for certification must include a sample of the batch of color additive
that is the subject of the request. The sample must be labeled to show:
name of color additive, manufacturer's batch number and quantity, and
name and address of person requesting certification. Under Sec.  80.39
(21 CFR 80.39), the person to whom a certificate is issued must keep
complete records showing the disposal of all of the color additive
covered by the certificate. Such records are to be made available upon
request to any accredited representative of FDA until at least 2 years
after disposal of all of the color additive.
    The purpose for collecting this information is to help us assure
that only safe color additives will be used in foods, drugs, cosmetics,
and medical devices sold in the United States. The required information
is unique to the batch of color additive that is the subject of a
request for certification. The manufacturer's batch number is used for
temporarily identifying a batch of color additive until FDA issues a
certification lot number and for identifying a certified batch during
inspections. The manufacturer's batch number also aids in tracing the
disposal of a certified batch or a batch that has been denied
certification for noncompliance with the color additive regulations.
    The manufacturer's batch weight is used for assessing the
certification fee. The batch weight also is used to account for the
disposal of a batch of certified or certification-denied color
additive. The batch weight can be used in a recall to determine whether
all unused color additive in the batch has been recalled.
    The manufacturer's name and address and the name and address of the
person requesting certification are used to contact the person
responsible should a question arise concerning compliance with the
color additive regulations. Information on storage conditions pending
certification is used to evaluate whether a batch of certified color
additive is inadvertently or intentionally altered in a manner that
would make the sample submitted for certification analysis
unrepresentative of the batch. We check storage information during
inspections. Information on intended uses for a batch of color additive
is used to assure that a batch of certified color additive will be used
in accordance with the requirements of its listing regulation. The
statement of the fee on a certification request is used for accounting
purposes so that a person requesting certification can be notified
promptly of any discrepancies.
    Description of Respondents: The respondents include businesses
engaged in the manufacture of color additives used in FDA-regulated
foods, drugs, cosmetics, and medical devices. Respondents are from the
private sector (for-profit businesses).
    In the Federal Register of April 16, 2020 (85 FR 21250), we
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    We estimate the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                   Number of
   21 CFR section; activity        Number of     responses per   Total annual    Average burden     Total hours
                                  respondents     respondent       responses      per response
----------------------------------------------------------------------------------------------------------------
80.21; Request for                          38             198           7,524  0.17 (10                   1,279
 certification.                                                                  minutes).
80.22; Sample to accompany                  38             198           7,524  0.05 (3 minutes)             376
 request.
                               ---------------------------------------------------------------------------------
    Total.....................  ..............  ..............  ..............  0.22 (13                   1,655
                                                                                minutes).
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

                               Table 2--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                   Number of                     Average burden
   21 CFR section; activity        Number of      records per    Total annual          per          Total hours
                                 recordkeepers   recordkeeper       records       recordkeeping
----------------------------------------------------------------------------------------------------------------
80.39; Record of distribution.              38             198           7,524  0.25 (15                   1,881
                                                                                minutes).
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments to our burden
estimate.

    Dated: July 23, 2020.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2020-16534 Filed 7-29-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 46 (Thursday, March 8, 2018)]
[Notices]
[Pages 9884-9885]
[FR Doc No: 2018-04632]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2016-0128]

Pipeline Safety: Meeting of the Voluntary Information-Sharing
System Working Group

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice.

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

SUMMARY: This notice announces a public meeting of the Voluntary
Information-sharing System (VIS) Working Group. The VIS Working Group
will convene to discuss and identify recommendations to establish a
voluntary information-sharing system.

DATES: The meeting will be held on April 5, 2018, from 8:30 a.m. to
5:00 p.m. ET. Members of the public who wish to attend in person should
register no later than March 30, 2018. Individuals requiring
accommodations, such as sign language interpretation or other ancillary
aids, may notify PHMSA by March 30, 2018. For additional information,
see the ADDRESSES section.

ADDRESSES: The meeting will be held at a location yet to be determined
in the Washington, DC Metropolitan area. The meeting location, agenda
and any additional information will be published on the following VIS
Working Group and registration page at: https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=133.
    The meetings will not be webcast; however, presentations will be
available on the meeting website and posted on the E-Gov website,
https://www.regulations.gov/, under docket number PHMSA-2016-0128
within 30 days following the meeting.
    Public Participation: This meeting will be open to the public.
Members of the public who attend in person will also be provided an
opportunity to make a statement during the meetings.
    Written Comments: Persons who wish to submit written comments on
the meetings may submit them to the docket in the following ways:
    E-Gov Website: https://www.regulations.gov. This site allows the
public to enter comments on any Federal Register notice issued by any
agency.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE, West Building, Room W12-140,
Washington, DC 20590-0001.
    Hand Delivery: Room W12-140 on the ground level of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m.
and 5:00 p.m., Monday through Friday, except on Federal holidays.
    Instructions: Identify the docket number PHMSA-2016-0128 at the
beginning of your comments. Note that all comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided.
    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). Therefore, consider reviewing DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477), or view the Privacy Notice at https://www.regulations.gov before submitting comments.
    Docket: For docket access or to read background documents or
comments, go to https://www.regulations.gov at any time or to Room W12-
140 on the ground level of the DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday
through Friday, except Federal holidays.
    If you wish to receive confirmation of receipt of your written
comments, please include a self-addressed, stamped postcard with the
following statement: ``Comments on PHMSA-2016-0128.'' The docket clerk
will date stamp the postcard prior to returning it to you via the U.S.
mail.

Privacy Act Statement

    In accordance with 5 U.S.C. 553(c), the DOT solicits comments from
the public to better inform its rulemaking process. The DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Services for Individuals With Disabilities: The public meeting will
be physically accessible to people with disabilities. Individuals
requiring accommodations, such as sign language interpretation or other
ancillary aids, are asked to notify Cheryl Whetsel at
[email protected].

FOR FURTHER INFORMATION CONTACT: For information about the meeting,
contact Cheryl Whetsel by phone at<PHONE_NUMBER> or by email at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The VIS Working Group is an advisory committee established in
accordance with Section 10 of the Protecting Our Infrastructure of
Pipelines and Enhancing Safety Act of 2016 (Pub. L. 114-183), the
Federal Advisory Committee Act of 1972 (5 U.S.C., App. 2, as amended),
and 41 CFR 102-3.50(a).

II. Meeting Details and Agenda

    The VIS Working Group agenda will include briefings on topics such
as mandate requirements, integrity management, data types and tools,
in-line inspection repair and other direct assessment methods,
geographic information system implementation, subcommittee
considerations, lessons learned, examples of existing information-
sharing systems, safety management systems, and more. As part of its
work, the committee will ultimately provide recommendations to the
Secretary, as required and specifically outlined in Section 10 of
Public Law 114-183, addressing:
    (a) The need for, and the identification of, a system to ensure
that dig verification data are shared with in-line inspection operators
to the extent consistent with the need to maintain proprietary and
security-sensitive data in a confidential manner to improve pipeline
safety and inspection technology;
    (b) Ways to encourage the exchange of pipeline inspection
information and the development of advanced pipeline inspection
technologies and enhanced risk analysis;
    (c) Opportunities to share data, including dig verification data
between operators of pipeline facilities and in-line inspector vendors
to expand knowledge of the advantages and disadvantages of the
different types of in-line inspection technology and methodologies;
    (d) Options to create a secure system that protects proprietary
data while encouraging the exchange of pipeline inspection information
and the development of advanced pipeline inspection technologies and
enhanced risk analysis;
    (e) Means and best practices for the protection of safety and
security-

sensitive information and proprietary information; and
    (f) Regulatory, funding, and legal barriers to sharing the
information described in paragraphs (a) through (d).
    The Secretary will publish the VIS Working Group's recommendations
on a publicly available DOT website and in the docket. The VIS Working
Group will fulfill its purpose once its recommendations are published
online.
    PHMSA will publish the agenda on the PHMSA meeting page https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=133, once it is
finalized.

    Issued in Washington, DC, on March 2, 2018, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2018-04632 Filed 3-7-18; 8:45 am]
 BILLING CODE 4910-60-P


[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Notices]
[Pages 18628-18630]
[FR Doc No: 2020-06852]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88500; File No. SR-CboeEDGX-2020-013]

Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Extend the Current Pilot Program Related to EDGX Rule 11.15, Clearly
Erroneous Executions, to the Close of Business on October 20, 2020

March 27, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 18, 2020, Cboe EDGX Exchange, Inc. (``Exchange'' or ``EDGX'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Exchange filed the proposal as
a ``non-controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    Cboe EDGX Exchange, Inc. (``EDGX'' or the ``Exchange'') is filing
with the Securities and Exchange Commission (the ``Commission'') a
proposed rule change to extend the current pilot program related to
EDGX Rule 11.15, Clearly Erroneous Executions, to the close of business
on October 20, 2020. The text of the proposed rule change is provided
in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/edgx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to extend the effectiveness of the
Exchange's current rule applicable to Clearly Erroneous Executions to
the close of business on October 20, 2020. Portions of Rule 11.15,
explained in further detail below, are currently operating as a pilot
program set to expire on April 20, 2020.\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 87367 (October 21,
2019), 84 FR 57519 (October 25, 2019) (SR-CboeEDGX-2019-062).
---------------------------------------------------------------------------

    On September 10, 2010, the Commission approved, on a pilot basis,
changes to EDGX Rule 11.15 that, among other things: (i) Provided for
uniform treatment of clearly erroneous[thinsp]execution reviews in
multi-stock events involving twenty or more securities; 16 and [sic]
(ii) reduced the ability of the Exchange to deviate from the objective
standards set forth in the rule.\6\ In 2013, the Exchange adopted a
provision designed to address the operation of the Plan.\7\ Finally, in
2014, the Exchange adopted two additional provisions providing that:
(i) A series of transactions in a particular security on one or more
trading days may be viewed as one event if all such transactions were
effected based on the same fundamentally incorrect or grossly
misinterpreted issuance information resulting in a severe valuation
error for all such transactions; and (ii) in the event of any
disruption or malfunction in the operation of the electronic
communications and trading facilities of an Exchange, another SRO, or
responsible single plan processor in connection with the transmittal or
receipt of a trading halt, an Officer, acting on his or her own motion,
shall nullify any transaction that occurs after a trading halt has been
declared by the primary listing market for a security and before such
trading halt has officially ended according to the primary listing
market.\8\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 62886 (September 10,
2010), 75 FR 56613 (September 16, 2010) (SR-EDGX-2010-03).
    \7\ See Securities Exchange Act Release No. 68814 (February 1,
2013), 78 FR 9086 (February 7, 2013) (SR-EDGX-2013-06).
    \8\ See Securities Exchange Act Release No. 72434 (June 19,
2014), 79 FR 36110 (June 25, 2014) (SR-EDGX-2014-12).
---------------------------------------------------------------------------

    On December 26, 2018, the Commission published the proposed
Eighteenth Amendment \9\ to the Plan to Address Extraordinary Market
Volatility Pursuant to Rule 608 of Regulation NMS under the Act (the
``Limit Up-Limit Down Plan'' or the ``Plan'') \10\ to allow the Plan to
operate on a permanent, rather than pilot, basis. On April 8, 2019, the
Exchange amended EDGX Rule 11.15 to untie the pilot program's
effectiveness from that of the Plan and to extend the pilot's
effectiveness to the close of business on October 18, 2019 in order
allow the Exchange and other national securities exchanges additional
time to consider further amendments, if any, to the clearly erroneous
execution rules in light of the proposed Eighteenth Amendment to the
Plan.\11\ On April 17, 2019, the Commission published an approval of
the Eighteenth Amendment to allow the Plan to operate on a permanent,
rather than pilot, basis.\12\ Finally, on October 21, 2019, the
Exchange amended EDGX Rule 11.15 to extend the pilot's effectiveness to
the close of business on April 20, 2020.\13\
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 84843 (December 18,
2018), 83 FR 66464 (December 26, 2018) (File No. 4-631)
(``Eighteenth Amendment'').
    \10\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012) (the ``Limit Up-Limit Down
Release'').
    \11\ See Securities Exchange Act Release No. 87364 (April 10,
2019), 84 FR 15652 (April 16, 2019) (SR-CboeEDGX-2019-018).
    \12\ See Securities Exchange Act Release No. 85623 (April 11,
2019), 84 FR 16086 (April 17, 2019) (File No. 4-631).
    \13\ See supra note 5.
---------------------------------------------------------------------------

    The Exchange now proposes to amend EDGX Rule 11.15 to extend the
pilot's effectiveness to the close of business on October 20, 2020. The
Exchange understands that the other national securities exchanges and
Financial Industry Regulatory Authority (``FINRA'') will also file
similar proposals to extend their respective clearly erroneous
execution pilot programs, the substance of which are identical to EDGX
Rule 11.15.
    The Exchange does not propose any additional changes to EDGX Rule
11.15. The Exchange believes the benefits to market participants from
the more objective clearly erroneous executions rule should continue on
a limited six month pilot basis. As the Plan was approved by the
Commission to operate on a permanent, rather than pilot, basis the
Exchange intends to assess whether additional changes should also be
made to the operation of the clearly erroneous execution rules.
Extending the effectiveness of EDGX Rule 11.15 for an additional six
months should provide the Exchange and other national securities
exchanges additional time to consider further amendments, if any, to
the clearly erroneous execution rules.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\14\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \15\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \16\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ Id.
---------------------------------------------------------------------------

    In particular, the Exchange believes that extending the clearly
erroneous execution pilot under EDGX Rule 11.15 for an additional six
months would help assure that the determination of whether a clearly
erroneous trade has occurred will be based on clear and objective
criteria, and that the resolution of the incident will occur promptly
through a transparent process. The proposed rule change would also help
assure consistent results in handling erroneous trades across the U.S.
equities markets, thus furthering fair and orderly markets, the
protection of investors and the public interest. Based on the
foregoing, the Exchange believes the amended clearly erroneous
executions rule should continue to be in effect on a pilot basis while
the Exchange and the other

national securities exchanges consider and develop a permanent proposal
for clearly erroneous execution reviews.

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

    The Exchange does not believe that the proposed rule change would
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. To the contrary, the
Exchange understands that FINRA and other national securities exchanges
will also file similar proposals to extend their respective clearly
erroneous execution pilot programs. Thus, the proposed rule change will
help to ensure consistency across market centers without implicating
any competitive issues.

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

    No comments were solicited or received on the proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \17\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\18\
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CboeEDGX-2020-013 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CboeEDGX-2020-013. 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 website (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 website 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. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeEDGX-2020-013 and should be
submitted on or before April 23, 2020.

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

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

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-06852 Filed 4-1-20; 8:45 am]
BILLING CODE 8011-01-P