[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Notices]
[Page 13135]
[FR Doc No: 2023-04289]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4677-DR; Docket ID FEMA-2023-0001]

South Carolina; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of South Carolina (FEMA-4677-DR), dated November 21,
2022, and related determinations.

DATES: This change occurred on January 17, 2023.

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

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Judy M. Kruger,
of FEMA is appointed to act as the Federal Coordinating Officer for
this disaster.
    This action terminates the appointment of Kevin A. Wallace, Sr. as
Federal Coordinating Officer for this disaster.

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

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2023-04289 Filed 3-1-23; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Notices]
[Pages 8918-8921]
[FR Doc No: 2020-03087]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88157; File No. SR-DTC-2020-003]

Self-Regulatory Organizations; The Depository Trust Company;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Transition the Application Used for Participant Access to the
Imaging Function Relating to Deposited Certificates From a Non-Web-
Based Application to a Web-Based Application

February 11, 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 January 31, 2020, The Depository Trust Company (``DTC'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II and III below, which Items have
been prepared by the clearing agency. DTC filed the proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(4) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4).
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The proposed rule change \5\ would amend DTC's Procedures \6\ set
forth in the Deposits Guide and the Custody Guide to provide for an
update of DTC's imaging function (``Imaging Function'') relating to
Securities certificates deposited by Participants at DTC, through the
Deposits service and Custody service, to transition the application
used for Participant access to the Imaging Function from a non-web-
based application, referred to as the Imaging Fax and Email System
(``IFE''), available on DTC's Participant Terminal System (``PTS'') and
Participant Browser Service (``PBS''),\7\ to a web-based application
accessible through PBS, to be named Image Viewer, as discussed
below.\8\ The proposed rule change to use Image Viewer on PBS as a
replacement of IFE would (i) facilitate the modernization of the method
of making certificate images available to Participants and (ii) make
ministerial and clarifying changes to the text of Procedures set forth
in the Deposits Guide and Custody Guide, as discussed below. In
addition, DTC would amend the Guide to the DTC Fee Schedule (``Fee
Guide'') \9\ to conform the description of a fee relating to the
Imaging Function to reflect the proposed changes to the Imaging
Function, as described below.
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    \5\ Capitalized terms not otherwise defined in this rule filing
are defined as set forth in the Rules, By-Laws and Organization
Certificate of DTC (the ``Rules''), available at http://www.dtcc.com/legal/rules-and-procedures.aspx, the Deposits Service
Guide (``Deposits Guide''), available at http://www.dtcc.com/~/
media/Files/Downloads/legal/service-guides/Deposits.pdf and the
Custody Service Guide (``Custody Guide''), available at http://
www.dtcc.com/~/media/Files/Downloads/legal/service-guides/
Custody.pdf.
    \6\ Pursuant to the Rules, the term ``Procedures'' means the
Procedures, service guides, and regulations of DTC adopted pursuant
to Rule 27, as amended from time to time. See Rule 1, supra note 5.
The Procedures include, but are not limited to, the Deposits Guide
and the Custody Guide.
    \7\ PTS is an interface accessible through a designated terminal
that allows for Participant input and inquiry into DTC's services.
PBS is an interface that allows Participants to make input and
inquiry using functionality compatible with internet browser
technology.
    \8\ DTC currently uses an application supported by a vendor for
its imaging application. This application is reaching end-of-life
because the vendor has notified DTC that it is terminating its
support of the application, prompting DTC to replace it with a new
application and providing an opportunity to modernize image viewing
capabilities. Image Viewer, the application that DTC would implement
for the imaging function pursuant to the proposed rule change, has
been developed by DTC and would be supported by DTC.
    \9\ Available at http://www.dtcc.com/~/media/Files/Downloads/
legal/fee-guides/dtcfeeguide.pdf.
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, the clearing agency 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 clearing agency has prepared summaries,
set forth in sections A, B, and C below, of the most significant
aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

1. Purpose
    The proposed rule change would amend DTC's existing Procedures set
forth in the Deposits Guide and the Custody Guide to provide for an
update of the Imaging Function, to transition the application used for
Participant access to the Imaging Function from an application referred
to as the IFE, available on PTS and PBS, to a web-based application
accessible through PBS, to be named Image Viewer, as discussed below.
The proposed rule change to use Image Viewer on PBS as a replacement of
IFE would (i) facilitate the modernization of the method of making
certificate images available to Participants and (ii) make ministerial
and clarifying changes to text of Procedures set forth in the Deposits
Guide and Custody Guide, as discussed below. In addition, DTC would
amend the Fee Guide to conform the description of a fee relating to the
Imaging Function to reflect the proposed changes to the Imaging
Function, as described below.
Deposit of Security Certificates With DTC
    DTC performs various services for Participants to promote the
prompt and accurate clearance and settlement of Securities, including
maintaining Accounts that list a Participant's Securities holdings at
DTC and allowing Participants to present Securities to be made eligible
for DTC's depository and book-entry services. If a Security is accepted
by DTC as meeting DTC's eligibility requirements for services and is
Deposited with DTC for credit to the Securities Account of a
Participant, it becomes an ``Eligible Security.'' \10\ Other issues of
Securities may be added through corporate actions with respect to
Eligible Securities, including events such as name changes, mergers and
spinoffs. Prior to processing a corporate action, DTC reviews the
subject Securities for continuing eligibility.\11\ Thereafter,
Participants may Deposit shares of an Eligible Security into their
respective DTC Accounts.\12\
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    \10\ See Rule 5, supra note 5; DTC Operational Arrangements
(Necessary for Securities to Become and Remain Eligible for DTC
Services) (``Operational Arrangements''), Section 1, available at
http://www.dtcc.com/~/media/Files/Downloads/legal/issue-eligibility/
eligibility/operational-arrangements.pdf.
    \11\ See Operational Arrangements, Section I, supra note 10.
    \12\ Rule 6, supra note 5.
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    Security certificates for Eligible Securities are eligible for
Deposit at DTC when they are delivered to DTC in accordance with the
Rules and Procedures and pursuant to Article 8 (``Article 8'') of the
New York Uniform Commercial Code (``NYUCC'').\13\ Under Article 8, a
registered owner may transfer a Securities certificate, and the
Securities the certificate represents, to a ``purchaser'' (in this
case, DTC) by means of indorsement and Delivery.\14\ DTC's Rules and
Procedures require that the indorsement be made in favor of DTC's
nominee, Cede & Co, which is the holder of record of Securities
eligible for DTC's book-entry services.\15\ Having thereby ``acquired''
the indorsed Security certificate as the purchaser, DTC comes into
possession of the rights that the registered owner of the Security
would have.\16\ Ordinarily, under the DTC Rules and Procedures, the
indorsed certificate is presented to the issuer or transfer agent for
registration in the name of Cede & Co., so that, in addition to
physical possession of the negotiable certificate, Cede & Co. is
reflected as the registered holder on the books and records of the
issuer maintained by its transfer agent.\17\
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    \13\ NYUCC 8-101-8-602.
    \14\ NYUCC 8-301, 8-304, 8-102 and Official Comment 11 thereto.
    \15\ See Rule 6, supra note 5.
    \16\ NYUCC 8-302.
    \17\ See Deposits Guide, supra note 5 at 13.
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    Separately, the Custody service enables Participants that hold (i)
Securities that (A) are not presently eligible for book-entry services
at DTC and/or (B) would otherwise be eligible for DTC book-entry
services but are not registered in the name of DTC's nominee, Cede &
Co., and/or (ii) certain assets that are not Securities (``Non-Security
Assets''), to deposit those Securities and/or Non-Security Assets, as
applicable, with DTC for safe-keeping, in accordance with requirements
set forth in the Custody Guide.\18\ Certificates for Securities and
Non-Security Assets deposited through the Custody service are
maintained in DTC's secure vault in a Participant's name or a
Participant's customer's name (i.e., they are not transferred into
DTC's nominee name, Cede & Co).\19\ In addition, once a Security is
deposited into the Custody service, DTC may perform limited depository
services relating to the Security including physical processing for the
Security on a Participant's behalf, such as facilitating the transfer
of Security Certificates, and providing services available through the
Custody Reorganization Service.\20\
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    \18\ See Custody Guide for the types of Securities and Non-
Security Assets eligible for deposit to the Custody Service, supra
note 5, at 5, 12.
    \19\ See Custody Guide, supra note 5 at 4.
    \20\ See Custody Guide, supra note 5, at 14-17 (providing
Procedures for the Custody Reorganization Service). The limited
depository services provided by DTC as described above relate only
to securities processing functions and do not apply to Non-Security
Assets.
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Imaging Function
    DTC scans certificates that are deposited through the Deposits
service or the Custody service to create electronic images that are
made available to a Participant via email or facsimile per a request
submitted by a Participant through IFE.\21\ In order to be able to
store or forward images, a Participant must access IFE, where it can
request that an image be faxed or emailed to up to six recipients. Once
received, an image can be converted into a compatible format, such as
.pdf, before it can be stored on the recipient's own system or re-
forwarded.
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    \21\ See Deposits Guide, supra note 5 at 21; See Custody Guide
supra note 5 at 4-5.
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Proposed Replacement of IFE With Image Viewer
    As mentioned above, IFE is reaching end-of-life because the vendor
that supports it has notified DTC that it is terminating its support of
the application, prompting DTC to replace it with a new application
that would modernize image viewing capabilities. Image Viewer, the
application that DTC would implement for the imaging function pursuant
to the proposed rule change, has been developed by DTC and would be
supported by DTC.
    DTC believes that migrating the Imaging function from IFE, which is
not web-based, to the web-based Image Viewer, would provide
Participants with a method to obtain electronic images of their
certificates that is more compatible with modern systems used by its
Participants. Pursuant to the proposed rule change, Image Viewer would
allow Participants to view, download and save images of certificates
using the new web-based application Image Viewer. Through the new Image
Viewer, images would be transmitted in a format that is readily
accessible through most modern systems and which may be stored or
viewed on the Participant's own systems.
    As indicated above, the Image Viewer would only be available via
PBS. DTC does not believe this will materially impact Participants'
access to the service as all Participants that previously accessed IFE
through PTS have connectivity to PBS.

    DTC believes that the capability to distribute facsimile copies of
images through IFE has become obsolete as Participants request that
images be delivered via email nearly all the time.\22\ In this regard,
pursuant to the proposed rule change, the option to choose facsimile
distribution would be eliminated.
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    \22\ During the 12-month period ending November 2019, DTC
received a total of approximately 29,000 IFE requests for images,
with only 54 (less than .002 percent) of those requests using
facsimile as the method of distribution. Although the option to
choose facsimile distribution of an image by DTC would not be
available upon implementation of the proposed rule change, every
Participant has access to PBS and would be able to use Image Viewer
upon implementation of the proposed change to retrieve an image. The
image would be available to the Participant in a format that could
be readily used by the Participant to re-transmit the image via
facsimile if the Participant so chooses.
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Proposed Rule Change
    Pursuant to the proposed rule change DTC would make the following
changes to the text of the Deposits Guide:
    1. DTC would delete all references to IFE and its functionality,
including related methods of distribution of images, throughout the
Deposits Guide.
    2. DTC would add a new section titled ``Image Viewer'' that
describes the functionality for the application as described above,
including that a Participant may view, download and save imaged copies
of certificates via a web-based Image Viewer, which can be accessed
from the following PBS functions: \23\
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    \23\ These functions are currently available and are listed in
the Deposits Guide for use by Participants for retrieval of
certificate images through IFE. Pursuant to the proposed rule
change, these functions would instead be used to access Image Viewer
functionality.

     Deposit Automation \24\--for regular, bearer \25\/
nontransferable,\26\ and reorg deposits; \27\
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    \24\ Deposit Automation is a PBS function that allows a
Participant to prepare a deposit through the Deposit Automation
System and generate a deposit ticket to be sent to DTC along with
the physical Security certificates. See Deposits Guide, supra note 5
at 7 and 12.
    \25\ ``Bearer deposit'' refers to the deposit of a bearer
Security. A bearer Security is a Security that is not registered
with the issuer in the name of the owner and that is negotiable
without endorsement and transferred by delivery. See Deposits Guide,
supra note 5 at 10.
    \26\ Non-transferable Securities are Securities for which
transfer services for a Security, typically through the registration
of the Security on books maintained by a transfer agent, are not
available. See Securities Exchange Act Release No. 86897 (September
6, 2019), 84 FR 48187 (September 12, 2019). See Deposits Guide,
supra note 5 at 34-35 for Deposit Procedures relating to non-
transferable Securities.
    \27\ Reorg Deposits refers to the function that allows
Participants to deposit an Eligible Security that is undergoing or
has undergone a mandatory reorganization, as well as full calls and
partial calls. See Deposits Guide, supra note 5 at 25.
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     Branch Inquiry \28\--for branch deposits;
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    \28\ ``Branch inquiry'' allows a Participant to view the status
of a Branch Deposit. See Deposits Guide, supra note 5 at 12. A
Branch Deposit refers to a deposit made through the Branch Deposit
service where Participant's branch office receives physical
certificates from their customers and enter details of the
certificates into their internal system. See Deposits Guide, supra
note 5 at 11. The branch office of the Participant then transmits
the certificate details to its main office and ships the Securities
to DTC. See id.
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     Restricted Deposit Service \29\--for deposits of
certificates bearing a restricted legend;
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    \29\ See Deposits Guide, supra note 5 at 27-30. DTC's Restricted
Deposit Service (``RDS'') allows a Participant to deposit restricted
securities into a Participant's segregated account within DTC's
Custody Service until the applicable restriction has been lifted and
the full or partial sale of the securities is complete. See
Securities Exchange Act Release No. 34-41891 (September 20, 1999),
64 FR 52115 (September 27, 1999). Securities credited to this
account will not be registered in the name of Cede & Co. and
therefore will not be available for book-entry transfer. See id. In
addition, RDS functionality allows the processing of a transfer of
all or a portion of the securities once the restriction is lifted,
and the registration of the unrestricted securities (or portion
thereof) in the name of Cede & Co. See id.
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     Deposit Inquiry--for deposits still in transfer as of
the close of business the previous business day; \30\ and
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    \30\ The ``Deposit Inquiry'' function allows a Participant to
receive a report that tracks the Participant's deposit activity. See
Deposits Guide, supra note 5 at 37.
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     Securities Transfer Legal Deposits--for legal
deposits.\31\
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    \31\ A legal deposit consists of a Security registered in the
name of the holder (i.e., not a bearer security) and the legal
documentation required for the transfer registration of that
Security into the name of DTC's nominee, Cede & Co. See Deposits
Guide, supra note 5 at 16.

    3. DTC would revise individual references to imaging functionality
included in tables relating to PTS/PBS functions for the Branch
Deposits service and RDS to reflect the change that the Imaging
Function would be accessible via Image Viewer instead of IFE, as
described herein.
    Pursuant to the proposed rule change DTC would make the following
changes to the text of the Custody Guide:
    1. DTC would make the following changes to the Imaging section:
    a. Remove the two last paragraphs of the section that describe
connectivity specifications necessary to obtain images (through IFE).
These specifications would not apply to a Participant's ability to
access Image Viewer;
    b. Delete references to IFE and any IFE functionality;
    c. Add a description that Participants using Image Viewer would
have the ability to view, download and save and imaged copies of
certificates via Image Viewer; and
    d. Consolidate a sentence stating that each item is scanned front
and back with another sentence that describes that each deposit ticket,
certificate and legal document is scanned.
    2. DTC would revise a reference to imaging functionality through
IFE in the section titled ``Restricted Deposit Service'' to reflect
that Participants would have the ability to view, download and save
images of certificates via Image Viewer.
    Pursuant to the proposed rule change, DTC would make the following
change to the Fee Guide to conform text describing a related fee to the
changes to the Imaging Function as described above:
[GRAPHIC] [TIFF OMITTED] TN18FE20.053

Implementation Timeframe
    The proposed rule change would be implemented by February 28, 2020,
on a date to be announced via a DTC Important Notice. DTC would include
a legend on the cover page of the Deposits Guide and the Custody Guide
stating (i) that proposed changes to the Procedures, as amended by
proposed rule change would be available at dtcc.com/~/media/Files/
Downloads/legal/rule-filings/2020/DTC/SR-DTC-2020-003.pdf, (ii) that
these changes became effective upon filing with the SEC but have not
yet been implemented,

(iii) the proposed changes will be implemented by February 28, 2020 on
a date to be announced via a DTC Important Notice and (iv) upon
implementation, this legend would automatically be removed from these
Procedures.
2. Statutory Basis
    DTC believes that this proposal is consistent with the requirements
of the Act,\32\ as described below.
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    \32\ 15 U.S.C. 78q-1.
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    Section 17A(b)(3)(F) of the Act \33\ requires, inter alia, that the
Rules be designed to assure the safeguarding of securities which are in
the custody or control of DTC or for which it is responsible. As
mentioned above, DTC scans certificates, that are deposited through the
Deposits service or the Custody service and then held in DTC's secure
vault, to create images that are made available to a Participant in an
electronic format. The proposed rule change would migrate the
distribution of images of certificates of Securities, to a more
flexible application designed to use a web-based platform that would
facilitate the accessibility of images to Participants by providing for
enhanced compatibility with modern systems used by Participants to
obtain the images. In this regard, the proposed rule change would allow
DTC to continue to provide images of certificates in an electronic
format that is readily accessible to Participants, without the need to
remove a certificate from the vault to be able to make and provide a
copy to the Participant. Therefore, DTC believes that the proposed rule
change is consistent with Section 17A(b)(3)(F) of the Act,\34\ because
it is designed to assure the safeguarding of securities which are in
the custody and control of DTC or for which it is responsible, by
facilitating an accessible means for Participants to obtain copies of
Securities certificates deposited by them without removal of the
certificates from DTC's secure vault.
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    \33\ 15 U.S.C. 78q-1(b)(3)(F).
    \34\ Id.
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(B) Clearing Agency's Statement on Burden on Competition

    DTC does not believe that the proposed rule change will have any
impact on competition because neither the decommissioning of IFE nor
the elimination of access to the Imaging Function through PTS would
affect Participants' ability to access the Imaging Function, as
Participants will be able direct their imaging requests through Image
Viewer.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants, or Others

    Written comments relating to this proposed rule change have not
been solicited or received. DTC will notify the Commission of any
written comments received by DTC.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \35\ and paragraph (f) of Rule 19b-4
thereunder.\36\ 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.
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    \35\ 15 U.S.C. 78s(b)(3)(A).
    \36\ 17 CFR 240.19b-4(f).
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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-DTC-2020-003 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-DTC-2020-003. 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 DTC and on DTCC's website
(http://dtcc.com/legal/sec-rule-filings.aspx). 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-DTC-2020-003 and should be submitted on
or before March 10, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\37\
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    \37\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-03087 Filed 2-14-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Notices]
[Pages 26128-26133]
[FR Doc No: 2021-09984]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0032]

Agency Information Collection Activities; Notice and Request for
Comments; Consolidated Vehicles' Owner's Manual Requirements for Motor
Vehicles and Motor Vehicle Equipment

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

ACTION: Notice and request for comments on a reinstatement with
modification of a previously approved information collection.

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SUMMARY: The National Highway Traffic Safety Administration invites
public comments about our intention to request approval from the Office
of Management and Budget (OMB) to reinstate a previously-approved
information collection with modification. Before a Federal agency can
collect certain information from the public, it must receive approval
from OMB. Under procedures established by the Paperwork Reduction Act
of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on proposed collections of information, including
extensions and reinstatements of previously approved collections. This
document describes a collection of information for which NHTSA intends
to seek OMB approval on Vehicle Owner's Manual Requirements for Motor
Vehicles and Motor Vehicle Equipment.

DATES: Written comments should be submitted by July 12, 2021.

ADDRESSES: You may submit comments, identified by NHTSA docket number
identified above, through any of the following methods:
     Electronic submissions: Go to the Federal eRulemaking
Portal at http://www.regulations.gov. Follow the online instructions
for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail or Hand Delivery: Docket Management, U.S. Department
of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-
140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except on Federal holidays.
     Instructions: All submissions must include the agency name
and docket number 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.
     Privacy Act: Anyone is able to search the electronic form
of all comments received into any of our dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). You may
review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477-78) or you may visit https://www.transportation.gov/privacy.
     Docket: For access to the docket to read background
documents or comments received, go to http://www.regulations.gov or the
street address listed above. Follow the online instructions for
accessing the dockets via internet.

FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact James Myers, NHTSA, 1200 New Jersey
Avenue SE, West Building, Room W43-320, NRM-100, Washington, DC 20590.
Mr. Myers' telephone number is<PHONE_NUMBER>. Please identify the
relevant collection of information by referring to its OMB Control
Number.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), before an agency submits a proposed
collection of information to OMB for approval, it must first publish a
document in the Federal Register providing a 60-day comment period and
otherwise consult with members of the public and affected agencies
concerning each proposed collection of information. The OMB has
promulgated regulations describing what must be included in such a
document. Under OMB's regulation (at 5 CFR 1320.8(d)), an agency must
ask for public comment on the following: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the proposed collection of information, including the
validity of the methodology and assumptions used; (c) how to enhance
the quality, utility, and clarity of the information to be collected;
and (d) how to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In compliance with these requirements, NHTSA
asks for public comments on the following proposed collection of
information for which the agency is seeking approval from OMB.
    Title: Consolidated Vehicle Owner's Manual Requirements for Motor
Vehicles and Motor Vehicle Equipment.
    OMB Control Number: 2127-0541.
    Type of Request: Request for reinstatement with modification of a
previously approved collection of information.
    Type of Review Requested: Regular.
    Requested Expiration Date of Approval: 3 years from date of
approval.
    Abstract: The National Traffic and Motor Vehicle Act, authorizes
the Secretary of Transportation (NHTSA by delegation), at 49 U.S.C.
30111, to issue Federal Motor Vehicle Safety Standards (FMVSS) that set
performance standards for motor vehicles and items of motor vehicle
equipment. Further, the Secretary (NHTSA by delegation) is authorized,
at 49 U.S.C. 30117, to require manufacturers to provide information to
first purchasers of motor vehicles or items of motor vehicle equipment
related to performance and safety in printed materials that are
attached to or accompany the motor vehicle or item of motor vehicle
equipment. NHTSA has exercised this authority to require manufacturers
to provide certain specified safety information to be readily available
to consumers and purchasers of motor vehicles and items of motor
vehicle

equipment. This information is most often provided in vehicle owners'
manuals and the requirements are found in 49 CFR parts 563, 571, and
575. This information collection request only covers requirements or
requests to provide information that is not provided verbatim in the
regulation or standard. The information requirements or requests are
included in: Part 563, ``Event data recorders;'' FMVSS No. 108,
``Lamps, reflective devices, and associated equipment;'' FMVSS No. 110,
``Tire selection and rims;'' FMVSS No. 138, ``Tire Pressure Monitoring
Systems;'' FMVSS No. 202a, ``Head restraints;'' FMVSS No. 205,
``Glazing materials;'' FMVSS No. 208, ``Occupant crash protection;''
FMVSS No. 210, ``Seat belt assembly anchorages;'' FMVSS No. 213,
``Child restraint systems;'' FMVSS No. 226, ``Ejection mitigation;''
FMVSS No. 303, ``Fuel System Integrity of Compressed Natural Gas
Vehicles;'' section 575.103, ``Truck-camper loading;'' section 575.104,
``Uniform tire quality grading standards;'' and section 575.105,
``Vehicle rollover.''
    Part 563--Event data recorders. Section 563.11 requires
manufacturers of vehicles equipped with event data recorders (EDRs) to
provide a prescribed statement (provided verbatim) in the owner's
manual,\1\ which is not an information collection. Section 563.11 also
states that the owner's manual may include additional information about
the form, function, and capabilities of the EDR, in supplement to the
required statement. This voluntary disclosure of information is an
information collection for which NHTSA is seeking approval. There is a
slight burden for respondents to include the voluntary additional
information in their owner's manuals. The vehicle manufacturers which
provide this additional information in the owner's manual incur minimal
burden. We conservatively estimate that half of the 406 vehicle models
for light duty vehicles will have owner's manuals that contain this
supplemental information and that the burden for updating and reviewing
this information will be 1 hour per model line. This would result in
203. annual burden hours (203 vehicle model lines x 1 hour of time x 1
manual per model).
---------------------------------------------------------------------------

    \1\ 49 CFR 563.11(a).
---------------------------------------------------------------------------

    It is estimated that the word content in the owner's manual
required by Part 563 would be 100 text words. Hence, the cost burden to
vehicle manufacturers is estimated to be $30,566.25 (17,100,939 total
vehicles x 50% of vehicles including added language in the owner's
manuals x 100 text words x 1.1 production factor x 0.25 printing factor
x $0.00013 per word). Cost burdens for this regulation were not
included in the previous information collection request.
    FMVSS No. 108, ``Lamps, reflective devices, and associated
equipment.'' This standard requires that certain lamps and reflective
devices with certain performance levels be installed on motor vehicles
to assure that the roadway is properly illuminated, that vehicles can
be readily seen, and the signals can be transmitted to other drivers
sharing the road during day, night, and inclement weather. Because the
specific manner in which headlamp aiming is to be performed is not
regulated (only the performance of the device is), aiming devices
manufactured or installed by different vehicle and headlamp
manufacturers may work in significantly different ways. To assure that
one particular type of aiming system, the Vehicle headlamp aiming
device (VHAD) can be correctly aimed, this standard requires that
instructions for proper use of VHAD systems be part of the vehicle as a
label, or optionally, be placed in the vehicle owner's manual.
    It is estimated that manufacturers no longer equip passenger
vehicles, trucks, buses, trailers, or motorcycles with VHAD headlamp
systems. If vehicles were equipped with VHAD headlamps, for one model
line with new VHAD headlamps, the time to collect the required
information, prepare technical input, and review for accuracy of the
required information placed for publication in the owner's manual
template is estimated to be 4 hours per manual. In a carry-over vehicle
owner's manual, we estimate that it would take a vehicle manufacturer 1
hour to review the required information for continued accuracy relating
to VHAD systems. Section 571.108 permits each manufacturer a choice in
placing headlamp aiming instruction in the owner's manual or on a label
affixed to the vehicle. We estimate about half of the VHAD aiming
applications would be on labels attached to the VHAD, with the
remainder (50%) using information in the owner's manual to convey the
necessary information. Therefore, the number of annual burden hours
imposed on manufacturers whose vehicles are subject to FMVSS No. 108
would be determined from the number of model lines produced annually
(of which an estimated 25% are new and 75% are non-new, a repeat of
previous years' model lines) multiplied by the portion of vehicles
equipped with VHAD headlamps multiplied by the estimated number of
hours required to assemble the required information (estimated to be 4
hours of review for new vehicles and 1 hour to review the information
for non-new vehicles). The printing cost burden for these owner's
manuals would be the number of vehicles produced annually multiplied by
the portion of vehicles equipped with VHAD headlamps, multiplied by
certain printing factors (an estimated 500 text words required per
owner's manual, a 1.1 multiplier to account for aftermarket manuals, a
0.25 printing factor, and a $0.00013 cost per word). Because
manufacturers no longer equip passenger vehicles, trucks, buses,
trailers, or motorcycles with VHAD headlamp systems, NHTSA estimates
the burden hours as 0 hours, and the printing cost at $0.
    FMVSS No. 110, ``Tire selection and rims.'' This standard specifies
requirements for tire selection to prevent tire overloading. The
vehicle's normal load and maximum load on the tire shall not be greater
than applicable specified limits. The standard requires a permanently
affixed vehicle placard specifying vehicle capacity weight, designated
seating capacity, manufacturer-recommended cold tire inflation
pressure, and manufacturer's recommended tire size. The standard
further specifies rim construction requirements, load limits of non-
pneumatic spare tires, and labeling requirements for non-pneumatic
spare tires, including a required placard. Owner's manual information
is required for non-pneumatic spare tires.
    Currently, manufacturers do not equip current passenger vehicles,
trucks, buses, trailers, or motorcycles with non-pneumatic spare tires.
If vehicles were equipped with non-pneumatic spare tires, the number of
annual burden hours imposed on manufacturers who choose to equip their
vehicles with this equipment would be determined from the number of
model lines produced annually (of which an estimated 25% are new and
75% are on-new, a repeat of previous years' model lines) multiplied by
the portion of vehicle models equipped with non-pneumatic spare tires
multiplied by the estimated number of hours required to assemble the
required information (estimated to be 4 hours of review for new
vehicles and 1 hour to review the information for non-new vehicles).
The product of these factors would provide the number of hours required
by manufacturers to produce necessary information to place into an
owner's manual ``master'' for printing. The printing cost burden for
these owner's manuals would be the number of vehicles produced annually
multiplied by the portion of vehicles

equipped with non-pneumatic spare tires, multiplied by certain printing
factors (an estimated 500 text words required per owner's manual, a 1.1
multiplier to account for aftermarket manuals, a 0.25 printing factor,
and a $0.00013 cost per word). Because manufacturers do not equip
current passenger vehicles, trucks, buses, trailers, or motorcycles
with non-pneumatic spare tires, NHTSA estimates the hour burden as 0
hours, and the printing cost at $0.
    FMVSS No. 138, ``Tire pressure monitoring systems.'' This standard
specifies requirements for a tire pressure monitoring system to warn
the driver of an under-inflated tire condition. Its purpose is to
reduce the likelihood of a vehicle crash resulting from tire failure
due to operation in an under-inflated condition. The standard requires
the owner's manual to include specific information on the low-pressure
warning telltale and the malfunction indicator telltale.
    The information required by FMVSS No. 138 to be included in the
owner's manual is provided verbatim and may be taken from the Federal
regulation in its entirety. FMVSS No. 138, also states that the owner's
manual may include additional information about the low-pressure
telltale and the malfunction indicator telltale. NHTSA estimates the
burden to be 1 hour for the respondents to format their owner's manuals
to include the text and additional information. There is an average of
438 model lines each year that include tire pressure monitoring
information in the owner's manual. Therefore, NHTSA estimates the total
annual burden hours for Sec.  571.138 to be 438 hours (438 model lines
x 1 manual per model x 1 hour).
    It is estimated that the information required by FMVSS No. 138 in
the owner's manual is equivalent to 400 words of text. This would
result in $244,530 in cost burden to the respondents (17,100,000
vehicles x 400 words of text x 1.1 production factor x 0.25 printing
factor x $0.00013 per word).
    FMVSS No. 202a, ``Head restraints.'' This standard specifies
requirements for head restraints. The standard, which seeks to reduce
whiplash injuries in rear collisions, currently requires head
restraints for front outboard designated seating positions in passenger
cars and in light multipurpose passenger vehicles, trucks and buses
with a gross vehicle weight rating of 4,536 kg or less and specifies
requirements for optionally provided rear outboard seat head restraints
in the same vehicles. The standard requires that vehicle manufacturers
include information in owner's manuals for vehicles manufactured on or
after September 1, 2008. The owner's manual must clearly identify which
seats are equipped with head restraints. If the head restraints are
removable, the owner's manual must provide instructions on how to
remove the head restraint by a deliberate action distinct from any act
necessary for adjustment, and how to reinstall the head restraints. The
owner's manual must warn that all head restraints must be reinstalled
to properly protect vehicle occupants. Finally, the owner's manual must
describe, in an easily understandable format, the adjustment of the
head restraints and/or seat back to achieve appropriate head restraint
position relative to the occupant's head.
    It is estimated that 438 model lines need to be reviewed annually,
but only a fraction (25 percent) need major revision each year. It is
further estimated that it would take 5 hours to complete the major
revisions. The remaining fraction of model lines (75 percent) only
require reverification of existing information. The total annual burden
hours are estimated to be 876 hours (438 model lines x 0.25 needing
revision x 5 hours plus 438 model lines x 0.75 needing revision x 1
hour).
    The word count required to disclose the required head restraint
information in the owner's manual is estimated to be 1,200 words. The
annual cost burden to the respondents to include the information
required by FMVSS No. 202a in the owner's manual is $733,590
(17,100,000 vehicles x 1,200 words of text x 1.1 production factor x
0.25 printing factor x $0.00013 per word).
    FMVSS No. 205, ``Glazing materials.'' This standard specifies
requirement for all glazing material used in windshields, windows, and
interior partitions of motor vehicles. Its purpose is to reduce
injuries resulting from impact to glazing surfaces, to ensure a
necessary degree of transparency in motor vehicle windows for driver
visibility, and to minimize the possibility of occupants being thrown
through the vehicle windows in collisions. More detailed information
regarding the care and maintenance of plastic glazing items, such as a
glass-plastic windshield, is required to be placed in the vehicle
owner's manual.
    It is estimated that the burden to provide information in the
owner's manual for detailed care and maintenance is minimal because
manufacturers already provide this type of information in the vehicle
cleaning and maintenance section of the owner's manual. NHTSA estimates
a burden for each manual of 1 hour because manufacturers would need to
verify that detailed care and maintenance information has been included
in their cleaning and maintenance section of the owner's manual. The
annual estimated burden from Sec.  571.205 is 176.0 hours (176 model
lines x 1 manual per model x 1 hour).
    The word count required in the owner's manual is estimated to be
210 words. Only buses and low speed vehicles currently use plastic type
glazing, so NHTSA estimates there are 17,400 new vehicles each year
that include glazing information in the owner's manual. The annual cost
burden to the respondents to include the information required by FMVSS
No. 205 is $130.15 (17,400 vehicles x 210 words of text x 1.1
production factor x 0.25 printing factor x $0.00013 per word).
    FMVSS No. 208, ``Occupant crash protection.'' This standard
specifies requirements for both active and passive occupant crash
protection systems for passenger cars, multipurpose passenger vehicles,
trucks, and small buses. Certain safety features, such as air bags, or
the care and maintenance of air bag systems, are required to be
explained to the owner by means of the owner's manual. For example, the
owner's manual must describe the vehicle's air bag system and provide
precautionary information about the proper positioning of the
occupants, including children. The owner's manual must also warn that
no objects should be placed over or near the air bag covers. There is
also required information about the operation of seat belt assemblies
and other information that could total up to about 20 pages in the
owner's manual. This material would also need to be kept current with
the latest technical information on an annual basis.
    A conservative estimated burden to produce the required text and
information is 16 hours (or 2 days). It is also estimated that a
fraction (25 percent) of the model lines would require updates
annually. The remaining fraction of model lines (75 percent) only
require reverification (1-hour burden) of existing information. This
would result in 2,750 annual burden hours (579 vehicle model lines x
0.25 percent that need updating x 16 hours of time plus 579 model lines
x 0.75 needing revision x 1 hour).
    It is estimated that the word content in the owner's manual
required by FMVSS No. 208 would be 5,400 text words. Hence, the cost
burden to vehicle manufacturers is estimated to be $3,397,680
(17,600,000 total vehicles x 5,400 text words x 1.1 production factor x
0.25 printing factor x $0.00013 per word).

    FMVSS No. 210, ``Seat belt assembly anchorages.'' This standard
specifies requirements for seat belt assembly anchorages to ensure
effective occupant restraint and to reduce the likelihood of failure in
a crash. FMVSS No. 210 requires that manufacturers place the following
information in the vehicle owner's manual: (a) An explanation that
child restraints are designed to be secured by means of the vehicle's
seat belts, and (b) a statement alerting vehicle owners that children
are always safer in the rear seat.
    It is estimated that it would take a vehicle manufacturer no more
than 1 hour per vehicle model line to assemble all of the FMVSS No. 210
information for inclusion in the owner's manual. This would result in
438 annual burden hours (438 vehicle model lines x 1 manual per model x
1 hour).
    It is estimated that the word content in the owner's manual
required by FMVSS No. 210 would be 400 text words. Hence, the cost
burden to vehicle manufacturers is estimated to be $244,530 (17,100,000
total vehicles x 400 text words x 1.1 production factor x 0.25 printing
factor x $0.00013 per word).
    FMVSS No. 213, ``Child restraint systems.'' This standard specifies
requirements for child restraint systems and requires that
manufacturers provide consumers with detailed information relating to
child safety in air bag-equipped vehicles. The vehicle owner's manual
must include information about the operation and do's and don'ts of
built-in child seats. However, as stated in FMVSS No. 213, the
information must be made available on strategically placed labels
within the vehicles, in addition to the vehicle's owner's manual. Thus,
it is assumed that the burden hours would be minimal since the
information is already available from the information required to
produce the labels. This would result in 579 annual burden hours (579
vehicle model lines x 1 manual per model x 1 hour).
    It is estimated that the recurring information required for child
safety in the owner's manual would be 500 text words. Hence, the cost
burden to vehicle manufacturers is estimated to be $314,600 (17,600,000
total vehicles x 500 text words x 1.1 production factor x 0.25 printing
factor x $0.00013 per word).
    FMVSS No. 226, ``Ejection mitigation.'' This standard establishes
vehicle requirements intended to reduce the partial and complete
ejection of vehicle occupants through side windows in crashes,
particularly rollover crashes. The standard applies to passenger cars,
and to multipurpose passenger vehicles, trucks, and buses with a gross
vehicle weight rating of 4,536 kg (10,000 pounds) or less. Written
information must be provided that describes any ejection mitigation
countermeasure that deploys in the event of a rollover and a discussion
of the readiness indicator with a list of the elements of the system
being monitored by the indicator, a discussion of the purpose and
location of the telltale, and instructions to the consumer on the steps
to take if the telltale is illuminated.
    It is estimated that it would take a vehicle manufacturer no more
than 8 hours to compile the required material and it is estimated that
a fraction (25 percent) would need major revisions each year. The
remaining fraction of model lines (75 percent) only require
reverification (1-hour burden) of existing information. This would
result in 1,204.5 annual burden hours (438 vehicle model lines x 1
manual per model x 0.25 (percent that need updating) x 8 hours of time
plus 438 model lines x 1 manual per model x 0.75 (percent needing
revision) x 1 hour).
    It is estimated that the word content in the owner's manual
required by FMVSS No. 226 would be 3,000 text words. Hence, the cost
burden to vehicle manufacturers is estimated to be $1,833,975
(17,100,000 total vehicles x 3,000 text words x 1.1 production factor x
0.25 printing factor x $0.00013 per word).
    FMVSS No. 303, ``Fuel System Integrity of Compressed Natural Gas
Vehicles.'' This standard specifies requirements for the integrity of
motor vehicle fuel systems using compressed natural gas (CNG),
including the CNG fuel systems of bi-fuel, dedicated, and dual fuel CNG
vehicles. This regulation requires manufacturers to permanently label
CNG vehicles, near the vehicle refueling connection, with service
pressure information and the statement ``See instructions on fuel
container for inspection and service life.'' Manufacturers of CNG
vehicles shall also provide a first purchaser this information in
either an owner's manual or a one-page document. The service pressure
information required for the owner's manuals under FMVSS No. 303 is
developed by manufacturers as part of their routine engineering
development for their vehicles. Therefore, there is a slight burden of
1 hour for respondents to include this information in their owner's
manuals. This would result in 18 annual burden hours (18 vehicle model
lines x 1 manual per model x 1 hour of time).
    It is estimated that no more than 50 words are required in the
owner's manual to comply with the requirements in FMVSS No. 303. There
are conservatively 20,000 CNG vehicles produced annually. Hence, the
cost burden to CNG vehicle manufacturers is estimated to be $35.75
(20,000 total units x 50 text words x 1.1 production factor x 0.25
printing factor x $0.00013 per word). Cost burdens for this regulation
were not included in the previous information collection request.
    Section 575.103, ``Truck-camper loading.'' This regulation requires
manufacturers of slide-in campers to affix to each camper a label that
contains information relating to identification and proper loading of
the camper and to provide more detailed loading information in the
owner's manual. This regulation also requires manufacturers of trucks
that would accommodate slide-in campers to specify the cargo weight
ratings and the longitudinal limits within which the center of gravity
for the cargo weight rating should be located. The information required
for the owner's manuals under section 575.103 is developed by
manufacturers as part of their routine engineering development for
their vehicles. The figures to include in truck and slide-in camper
owner's manuals are provided in the regulation. Therefore, there is a
slight 1-hour burden for respondents to include this information in
their owner's manuals. This would result in 35 annual burden hours (35
vehicle model lines x 1 manual per model x 1 hour of time).
    It is estimated that 480 words are minimally required in the
owner's manual to comply with Sec.  575.103. There are approximately
2,300,000 pickup trucks and 11,000 truck camper units produced
annually. These total to an annual production of 2,311,000 units.
Hence, the cost burden to vehicle manufacturers is estimated to be
$39,656.76 (2,311,000 total units x 480 text words x 1.1 production
factor x 0.25 printing factor x $0.00013 per word).

    Section 575.104, ``Uniform tire quality grading standards.'' This
regulation requires manufacturers of motor vehicles to inform the
drivers of the type and quality of the tires with which their vehicles
are equipped. A statement, which manufacturers shall include in the
owner's manual, is provided in the regulation in its entirety or
equivalent form. Hence there is a slight 1-hour burden on the
respondents for inclusion of this information into their owner's
manuals. This would result in 579 annual burden hours (579 vehicle
model lines x 1 manual per model x 1 hour of time).
    It is estimated that 390 words are minimally required in the
owner's manual to comply with Sec.  575.104. There are approximately
13,857,300 vehicles covered by this regulation. Hence, the cost burden
to vehicle manufacturers is estimated to be $193,205.41 (13,857,300
total vehicles x 390 text words x 1.1 production factor x 0.25 printing
factor x $0.00013 per word). Cost burdens for this regulation were not
included in the previous information collection request.
    Section 575.105, ``Vehicle rollover.'' This regulation requires
manufacturers of utility vehicles \2\ to alert the drivers of those
vehicles that they have a higher possibility of rollover than other
vehicle types and to advise them of steps that can be taken to reduce
the possibility of rollover and/or to reduce the likelihood of injury
in a rollover. A statement, which manufacturers shall include in the
owner's manual, is provided in the regulation in its entirety or
equivalent form. Hence there is a slight 1-hour burden on the
respondents for inclusion of this information into their owner's
manuals. This would result in 18 annual burden hours (18 vehicle model
lines x 1 manual per model x 1 hour of time).
---------------------------------------------------------------------------

    \2\ 49 CFR 575.105 states Utility vehicles means multipurpose
passenger vehicles (other than those which are passenger car
derivatives) which have a wheelbase of 110 inches or less and
special features for occasional off-road operation.
---------------------------------------------------------------------------

    It is estimated that 117 words are minimally required in the
owner's manual to comply with Sec.  575.105. There are approximately
2,700,000 utility vehicles with 4-wheel drive and a wheelbase of 110
inches or less. Therefore, the cost burden to vehicle manufacturers is
estimated to be $11,293.43 (2,700,000 total vehicles x 117 text words x
1.1 production factor x 0.25 printing factor x $0.00013 per word). Cost
burdens for this regulation were not included in the previous
information collection request.
    Description of the Need for the Information and Proposed Use of the
Information: The Federal program for reducing highway fatalities,
injuries and crashes is likely to be adversely affected if the
information is not collected, since consumers would not be made readily
aware of certain important safety provisions that apply to critical
components of their vehicles and would not have a readily accessible
source of information when circumstances require such information.
    Affected Public: Vehicle manufacturers.
    Estimated Number of Respondents: 52.
    Frequency: On occasion.
    Number of Responses: 52.
    Estimated Total Annual Burden Hours: 7,315.
    Estimated Total Annual Burden Hours Cost: $368,969.
    The labor costs associated with these burden hours are derived by
using hourly labor rates published by the Bureau of Labor Statistics
(BLS). For the burden hours associated with compiling the owner's
manual information required under the FMVSSs, NHTSA uses the mean
hourly wage of $35.41 per hour for ``Technical Writers'' (occupational
code 27-3042).\3\ BLS estimates that hourly wages represent
approximately 70.2% of total compensation for private industry
workers.\4\ Therefore, NHTSA estimates the labor cost associated with
less senior Technical Writers to be $50.44 per hour. The total labor
cost associated with the burden hours of this information collection
are determined by multiplying the annual burden hours by $50.44;
therefore, the total annual labor costs are estimated to be $368.968.60
in each of the next three years.
---------------------------------------------------------------------------

    \3\ May 2019 National Industry-Specific Occupational Employment
and Wage Estimates, NAICS 336100--Motor Vehicle Manufacturing,
https://www.bls.gov/oes/current/naics4_336100.htm#27-0000.
    \4\ https://www.bls.gov/news.release/pdf/ecec.pdf. Accessed
March 20, 2020. Table 1. Employer Costs for Employee Compensation by
ownership [March 2020], https://www.bls.gov/news.release/ecec.t01.htm.
---------------------------------------------------------------------------

    The table below summarizes the total hour burden and associated
labor costs estimates.

                         Estimated Hour Burden and Associated Labor Costs Summary Table
----------------------------------------------------------------------------------------------------------------
                                                                                Estimated      Estimated total
                Part/section                            Brief title            total annual   annual labor costs
                                                                               burden hours     at $50.44/hour
----------------------------------------------------------------------------------------------------------------
563.........................................  Event Data Recorders..........             203          $10,239.32
571.108.....................................  Lighting......................               0                0.00
571.110.....................................  Tire Selection and Rims.......               0                0.00
571.138.....................................  Tire Pressure Monitoring......             438           22,092.72
571.202a....................................  Head Restraints...............             876           44,185.44
571.205.....................................  Glazing.......................             176            8,877.44
571.208.....................................  Crash Protection..............           2,750          138,710.00
571.210.....................................  Seat Belt Anchors.............             438           22,092.72
571.213.....................................  Child Restraints..............             579           29,204.76
571.226.....................................  Ejection Mitigation...........           1,205           60,780.20
571.303.....................................  CNG Fuel Systems..............              18              907.92
575.103.....................................  Truck-Camper Loading..........              35            1,765.40
575.104.....................................  Tire Quality..................             579           29,204.76
575.105.....................................  Utility Vehicles..............              18              907.92
                                                                             -----------------------------------
    Totals..................................  ..............................           7,315       368,968.60 or
                                                                                368,969
----------------------------------------------------------------------------------------------------------------

    Estimated Annual Printing Burden Cost: $7,043,793.
    The total annual cost to the respondents for information published
in vehicles' owner's manuals is summarized in the table below.

------------------------------------------------------------------------
                                                        Estimated total
          Part/section                Brief title          costs to
                                                          respondents
------------------------------------------------------------------------
563.............................  Event Data                  $30,566.25
                                   Recorders.
571.108.........................  Lighting..........                0.00
571.110.........................  Tire Selection and                0.00
                                   Rims.
571.138.........................  Tire Pressure               244,530.00
                                   Monitoring
                                   Systems.
571.202a........................  Head Restraints...          733,590.00
571.205.........................  Glazing...........              130.15
571.208.........................  Occupant Crash            3,397,680.00
                                   Protection.
571.210.........................  Seat Belt Assembly          244,530.00
                                   Anchors.
571.213.........................  Child Restraints            314,600.00
                                   Systems.
571.226.........................  Ejection                  1,833,975.00
                                   Mitigation.
571.303.........................  Fuel System                      35.75
                                   Integrity of
                                   Compressed
                                   Natural Gas
                                   Vehicles.
575.103.........................  Truck-Camper                 39,656.76
                                   Loading.
575.104.........................  Uniform Tire                193,205.41
                                   Quality Grading
                                   Standards.
575.105.........................  Vehicle Rollover..           11,293.43
                                                     -------------------
    Total Costs.................  ..................     7,043,792.75 or
                                                               7,043,793
------------------------------------------------------------------------

    Public Comments Invited: You are asked to comment on any aspects of
this information collection, including (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; (b) the accuracy of the Department's estimate
of the burden of the proposed information collection; (c) ways to
enhance the quality, utility and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including the use of automated collection
techniques or other forms of information technology. The agency will
summarize and/or include your comments in the request for OMB's
clearance of this information collection.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; 49 CFR 1.49; and DOT Order 1351.29.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2021-09984 Filed 5-11-21; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
[Rules and Regulations]
[Pages 58260-58262]
[FR Doc No: 2020-20627]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31330 Amdt. No. 3921]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective September 18, 2020. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of September 18, 2020.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE, West Bldg., Ground Floor, Washington, DC 20590-0001.

    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Thomas J. Nichols, Flight Procedures
and Airspace Group, Flight Technologies and Procedures Division, Flight
Standards Service, Federal Aviation Administration. Mailing Address:
FAA Mike Monroney Aeronautical Center, Flight Procedures and Airspace
Group, 6500 South MacArthur Blvd., Registry Bldg. 29, Room 104,
Oklahoma City, OK 73169. Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS.
The complete regulatory description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers of
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAPs, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPS as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as Amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26,1979); and
(3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal.
    For the same reason, the FAA certifies that this amendment will not
have a significant economic impact on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (Air).

    Issued in Washington, DC, on September 4, 2020.
Wade Terrell,
Aviation Safety Manager, Flight Procedures & Airspace Group Flight
Technologies and Procedures Division.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114,
40120, 44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 8 October 2020

Sheridan, IN, Sheridan, RNAV (GPS) RWY 5, Orig-C
Sheridan, IN, Sheridan, RNAV (GPS) RWY 23, Orig-C
Biddeford, ME, Biddeford Muni, RNAV (GPS) RWY 6, Orig-A

Effective 5 November 2020

Ash Flat, AR, KCVK, RNAV (GPS) RWY 22, Orig-B
Bridgeport, CT, KBDR, RNAV (GPS) RWY 29, Amdt 2A
Dalton, GA, Dalton Muni, ILS OR LOC RWY 14, Amdt 1B
Jeffersonville, IN, KJVY, ILS OR LOC RWY 18, Amdt 4B
Shreveport, LA, Shreveport Rgnl, RADAR-1, Amdt 6A
Fort Meade(Odenton), MD, KFME, RNAV (GPS) RWY 10, Amdt 1B
Fort Meade(Odenton), MD, KFME, RNAV (GPS) RWY 28, Amdt 1B
Hagerstown, MD, KHGR, VOR RWY 9, Amdt 7B

Windom, MN, Windom Muni, RNAV (GPS) RWY 17, Amdt 1A
Windom, MN, Windom Muni, RNAV (GPS) RWY 35, Amdt 1A
Mount Airy, NC, Mount Airy/Surry County, RNAV (GPS) RWY 18, Amdt 1A
Somerville, NJ, KSMQ, RNAV (GPS) RWY 12, Orig-C
Somerville, NJ, KSMQ, RNAV (GPS) RWY 30, Amdt 2A
New York, NY, KJFK, ILS OR LOC RWY 13L, ILS RWY 13L (CAT II), Amdt
18C
Providence, RI, Theodore Francis Green State, ILS OR LOC RWY 23, ILS
RWY 23 (SA CAT I), ILS RWY 23 (SA CAT II), Amdt 8A
Kelso, WA, Southwest Washington Rgnl, KELSO TWO GRAPHIC DP Ashland,
WI, KASX, RNAV (GPS) RWY 2, Amdt 1C
Elkins, WV, KEKN, RNAV (GPS)-A, Orig-B

[FR Doc. 2020-20627 Filed 9-17-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)]
[Notices]
[Pages 78800-78801]
[FR Doc No: 2016-26989]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP15-88-000]

Tennessee Gas Pipeline Company, L.L.C.; Notice of Availability of
the Environmental Assessment for the Proposed Abandonment and Capacity
Restoration Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the
Abandonment and Capacity Restoration Project (ACRP or Project),
proposed by Tennessee Gas Pipeline Company, L.L.C. (TGP) in the above-
referenced docket. Tennessee requests authorization and a Certificate
of Public Convenience and Necessity pursuant to sections 7(b) and 7(c)
of the Natural Gas Act to abandon, construct, modify, and operate
natural gas pipeline facilities in Louisiana, Arkansas, Mississippi,
Tennessee, Kentucky, and Ohio. The purpose of the Project is to
disconnect and abandon pipeline segments from interstate natural gas
service and construct and operate new natural gas infrastructure as a
replacement to maintain service to existing customers. Following
abandonment, TGP intends to sell the pipeline to Utica Marcellus Texas
Pipeline LLC, an affiliate of TGP, for transportation of natural gas
liquids.
    The EA assesses the potential environmental effects of the
construction and operation of the ACRP in accordance with the
requirements of the National Environmental Policy Act. The FERC staff
concludes that approval of the proposed Project, with appropriate
mitigating measures, would not constitute a major federal action
significantly affecting the quality of the human environment.
    The EA addresses the potential environmental effects of the
construction, modification, and operation of the following facilities
associated with the Project:
     Abandonment in place of about 964 miles of pipeline
between Columbiana County, Ohio, and Natchitoches Parish, Louisiana;
     disconnects of the abandoned pipeline and directly
associated equipment at 14 existing compressor stations; abandonment in
place of 82 existing mainline valves; and 125 sites where taps or
crossover/connector lines would be disconnected, abandoned, relocated,
or removed;
     construction of 12 short segments of new pipeline to
reconnect customer taps to TGP's other existing pipelines totaling 5.3
miles of new pipeline (between 2 and 16 inches in diameter) in Ohio,
Kentucky, Tennessee, and Mississippi;
     construction of four new compressor stations in Jackson,
Morgan, Tuscarawas, and Mahoning Counties, Ohio;
     modification of existing Compressor Station 110 in Rowan
County, Kentucky and additional modification of Compressor Station 875
(approved as part of the Broad Run Expansion Project, CP15-77) in
Madison County, Kentucky;
     construction of 7.7 miles of new 36-inch-diameter pipeline
in Carter and Lewis Counties, Kentucky; and
     construction of about 1.0 mile of 30-inch-diameter
pipeline replacement in Washington County, Mississippi, and 1.5 miles
of 30-inch-diameter pipeline replacements in six sections in Madison
County, Kentucky.
    The FERC staff mailed copies of the EA to federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American tribes;
potentially affected landowners and other interested individuals and
groups; newspapers; and libraries in the project area. Paper copy
versions of the EA were mailed to those specifically requesting them;
all others received a CD version. In addition, the EA is available for
public viewing on the FERC's Web site (www.ferc.gov) using the eLibrary
link. A limited number of copies of the EA are available for
distribution and public inspection at: Federal Energy Regulatory
Commission, Public Reference Room, 888 First Street NE., Room 2A,
Washington, DC 20426,<PHONE_NUMBER>.
    Any person wishing to comment on the EA may do so. Your comments
should focus on the potential environmental effects, reasonable
alternatives, and measures to avoid or lessen environmental impacts.
The more specific your comments, the more useful they will be. To
ensure that your comments are properly recorded and considered prior to
a Commission decision on the proposal, it is important that the FERC
receives your comments on or before December 2, 2016.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. In all instances, please reference the
project docket number (CP15-88-000) with your submission. The
Commission encourages electronic filing of comments and has expert
staff available to assist you at<PHONE_NUMBER> or<EMAIL_ADDRESS>    (1) You can file your comments electronically using the eComment
feature on the Commission's Web site (www.ferc.gov) under the link to
Documents and Filings. This is an easy method for submitting brief,
text-only comments on a project;
    (2) You can also file your comments electronically using the
eFiling feature on the Commission's Web site (www.ferc.gov) under the
link to Documents and Filings. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing;'' or
    (3) You can file a paper copy of your comments by mailing them to
the following address: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC
20426.
    Any person seeking to become a party to the proceeding must file a
motion to intervene pursuant to Rule 214 of the Commission's Rules of
Practice and Procedures (Title 18 Code of Federal Regulations Part
385.214).\1\ Only intervenors have the right to seek rehearing of the
Commission's decision. The Commission grants affected landowners and
others with environmental concerns intervenor status upon showing good
cause by stating that they have a clear and direct interest in this
proceeding that no other party can adequately represent. Simply filing
environmental comments will not give you intervenor status, but you do
not need intervenor status to have your comments considered.
---------------------------------------------------------------------------

    \1\ See the previous discussion on the methods for filing
comments.
---------------------------------------------------------------------------

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC Web site (www.ferc.gov) using the eLibrary link. Click on the
eLibrary link, click on ``General Search,'' and enter the docket number
excluding the last three digits in the Docket Number field (i.e., CP15-
88). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.

    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: November 2, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-26989 Filed 11-8-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: October 21, 2010 (Volume 75, Number 203)]
[Notices]
[Page 65056-65057]
[DOCID:fr21oc10-99]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2010-0202]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt thirty-nine individuals
from its rule prohibiting persons with insulin-treated diabetes
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in
interstate commerce. The exemptions will enable these individuals to
operate CMVs in interstate commerce.

DATES: The exemptions are effective October 21, 2010. The exemptions
expire on October 22, 2012.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Room W64-224,
Department of Transportation, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/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.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review DOT's Privacy Act Statement for the Federal
Docket Management System (FDMS) published in the Federal Register on
January 17, 2008 (73 FR 3316), or you may visit http://
edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Background

    On August 27, 2010, FMCSA published a notice of receipt of Federal
diabetes exemption applications from thirty-nine individuals and
requested comments from the public (75 FR 52809). The public comment
period closed on September 27, 2010 and no comments were received.
    FMCSA has evaluated the eligibility of the thirty-nine applicants
and determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to, or greater than, the level
that would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current standard for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program To Qualify Individuals with Insulin-Treated
Diabetes Mellitus To Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441) Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777)
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    These thirty-nine applicants have had ITDM over a range of 1 to 33
years. These applicants report no severe hypoglycemic reactions
resulting in loss of consciousness or seizure, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning symptoms, in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the past 5 years.
In each case, an endocrinologist verified that the driver has
demonstrated a willingness to properly monitor and manage his/her
diabetes mellitus, received education related to diabetes management,
and is on a stable insulin regimen. These drivers report no other
disqualifying conditions, including diabetes-related complications.
Each meets the vision standard at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the August 27, 2010, Federal Register
notice and they will not be repeated in this notice.

Discussion of Comment

    FMCSA did not receive any comments in this proceeding.

Basis for Exemption Determination

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

Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly

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

Conclusion

    Based upon its evaluation of the thirty-nine exemption
applications, FMCSA exempts, Angel Bergendale, Charles K. Bond, Dennis
J. Callanan, Philip F. Carpenter, Brandon M. Coleman, George B. Ferris,
John B. Flood, John F. Galione, Jeffrey G. Giguere, Allen C. Hartshaw,
Michael Hawkins, Timothy U. Herring, Richard L. Hines, David M. Hughes,
Eugene G. Hunter, William F. Kanable, William C. Kenney, Paul D.
Kimmel, Gregory L. Kuharski, Joe D. Lammey, Robert B. Langston, III,
Mark W. Lavorini, Justin T. Mattice, Leldon W. McCutcheon, Ray A. May,
Richard E. Moore, Robert F. Naples, Jr., Robert C. Nemeth, Mark P.
Norwood, Todd H. Pack, Christopher M. Provance, Michael E. Reck, Warren
A. Richter, James E. Seymour, Karl G. Skweres, Kyle N. Stach, William
R. Thome, Richard T. Whitney and Allan M. Younglas from the ITDM
standard in 49 CFR 391.41(b)(3), subject to the conditions listed under
``Conditions and Requirements'' above.
    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will
be valid for two years unless revoked earlier by FMCSA. The exemption
will be revoked if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315. If the exemption is
still effective at the end of the 2-year period, the person may apply
to FMCSA for a renewal under procedures in effect at that time.

    Issued on: October 14, 2010.
Larry W. Minor,
Associate Administrator, Office of Policy and Program Development.
[FR Doc. 2010-26654 Filed 10-20-10; 8:45 am]
BILLING CODE 4910-EX-P