[Federal Register Volume 87, Number 71 (Wednesday, April 13, 2022)]
[Notices]
[Page 22026]
[FR Doc No: 2022-07901]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for Special Permits

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

ACTION: List of applications for modification of special permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein.

DATES: Comments must be received on or before April 28, 2022.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration U.S. Department of Transportation Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Donald Burger, Chief, Office of
Hazardous Materials Safety General Approvals and Permits Branch,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.
    Copies of the applications are available for inspection in the
Records Center, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington, DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on April 04, 2022.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

                                              Special Permits Data
----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special
          Application No.                   Applicant        Regulation(s) affected        permits thereof
----------------------------------------------------------------------------------------------------------------
8995-M.............................  BASF Corporation......  173.315(a),             To modify the special
                                                              174.63(c)(1).           permit to authorize an
                                                                                additional hazardous
                                                                                material. (modes 1, 2, 3).
9998-M.............................  Accumulators, Inc.....  173.302(a)............  To modify the special
                                                                                permit to authorize
                                                                                additional packagings.
                                                                                (modes 1, 2, 3, 4).
10814-M............................  Spellman High Voltage   173.302a..............  To modify the special
                                      Electronics                                     permit to update the
                                      Corporation.                                    reference drawings in the
                                                                                special permit. (modes 1,
                                                                                2, 3, 4, 5).
20356-M............................  Tesla, Inc............  172.101(j)............  To modify the special
                                                                                permit to authorize
                                                                                additional lithium ion
                                                                                batteries. (mode 4).
20493-M............................  Tesla, Inc............  172.101(j)............  To modify the special
                                                                                permit to include an
                                                                                additional cell type
                                                                                within the authorized
                                                                                lithium ion batteries.
                                                                                (mode 4).
20881-M............................  Arkema Inc............  172.102(c)(7),          To modify the special
                                                              173.201(c).             permit to authorize
                                                                                additional tanks. (mode
                                                                                1).
20942-M............................  Better Horse Inc......  172.101(i),             To modify the special
                                                              172.200(a),             permit to include IMDG
                                                              172.320(a),             Code regulatory relief in
                                                              172.400(a),             the special permit. (modes
                                                              172.500(a),             1, 2, 3).
                                                              173.60(a), 173.63(b).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2022-07901 Filed 4-12-22; 8:45 am]
BILLING CODE P


[Federal Register: July 31, 2008 (Volume 73, Number 148)]
[Notices]
[Page 44799-44800]
[DOCID:fr31jy08-96]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0086; Notice 2]

Goodyear Dunlop Tires North America, Ltd., Grant of Petition for
Decision of Inconsequential Noncompliance

    Goodyear Dunlop Tires North American, Ltd, (GDTNA), has determined
that certain tires that it manufactured during the period beginning
January 2003 through July 2004, do not fully comply with paragraph
S6.5(f) of 49 CFR 571.119 (Federal Motor Vehicle Safety Standard
(FMVSS) No. 119 New Pneumatic Tires for Motor Vehicles With a GVWR of
More than 4,536 Kilograms (10,000 pounds) and Motorcycles. On January
18, 2008, GDTNA filed an appropriate report pursuant to 49 CFR Part
573, Defect and Noncompliance Responsibility and Reports identifying
approximately 3,050 150/60R18 Dunlop D251 motorcycle tires, produced
from January 2003 through July 2004, that do not comply with the
paragraphs of FMVSS No. 119 cited above.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions at 49 CFR part 556, GDTNA has petitioned
for an exemption from the notification and remedy requirements of 49
U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential to motor vehicle safety. Notice of receipt of the
petition was published, with a 30-day public comment period, on May 12,
2008 in the Federal Register (73 FR 27023). No comments were received.
To view the petition and all supporting documents log onto the Federal
Docket Management System Web site at: http://www.regulations.gov/. Then
follow the online search instructions to locate docket number ``NHTSA-
2008-0086.''
    For further information on this decision, contact Mr. George
Gillespie, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone<PHONE_NUMBER>,
facsimile<PHONE_NUMBER>.
    Paragraph S6.5(f) of 49 CFR 571.119 requires:

    S6.5(f) The actual number of plies and the composition of the
ply cord material in the sidewall and, if different, in the tread
area.

    GDTNA described the noncompliance as incorrect labeling of
construction materials information on the sidewalls. The labeling
incorrectly lists ``TREAD 5 PLIES 2 RAYON + 3 NYLON'' and ``SIDEWALL: 2
PLIES 2 RAYON'' whereas this labeling should be ``TREAD 4 PLIES 2 NYLON
+ 2 NYLON'' and ``SIDEWALL 2 PLIES 2 NYLON.''
    GDTNA stated that it believes the noncompliance is inconsequential
to motor vehicle safety because most consumers do not base tire
purchase or vehicle operation on the construction information listed on
the tire sidewalls, the tires meet or exceed all other applicable
FMVSS, they ``were designed, manufactured and tested to the standards
and regulations as applicable, and they meet all of the internal and
regulatory performance test requirements.''
    GDTNA also stated that it has corrected the problem with the
affected tire mold and that all subsequent production will have the
correct material information shown on the sidewall.
    GDTNA additionally stated that no customer complaints have been
received.

NHTSA Decision

    By way of background, the Transportation Recall, Enhancement,
Accountability, and Documentation (TREAD) Act (Pub. L. 106-414)
required, among other things, that the agency initiate rulemaking to
improve tire label information. In response, the agency published an
Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register
on December 1, 2000 (65 FR 75222).
    The agency received more than 20 comments on the tire labeling
information required by 49 CFR Sections 571.109 and 119, Part 567, Part
574, and Part 575. In addition, the agency conducted a series of focus
groups, as required by the TREAD Act, to examine consumer perceptions
and understanding of tire labeling. Few of the focus group participants
had knowledge of tire labeling beyond the tire brand name, tire size,
and tire pressure.
    Based on the information obtained from comments to the ANPRM and
the consumer focus groups, we have concluded that it is likely that few
consumers have been influenced by the tire construction information
(number of plies and cord material in the sidewall and tread plies)
provided on the tire label when deciding to buy a motor vehicle or
tire.
    Therefore, the agency agrees with GDTNA's statement that the
incorrect markings in this case do not present a serious safety
concern.\1\ There is no effect of the noncompliance on the operational
safety of vehicles on which these tires are mounted. In the agency's
judgment, the incorrect labeling of the tire construction information
will have an inconsequential effect on motor vehicle safety because
most consumers do not base tire purchases or vehicle operation
parameters on the number of plies in the tire. In addition, the tires
are certified to meet all the performance requirements of FMVSS No.
119.
---------------------------------------------------------------------------

    \1\ This decision is limited to its specific facts. As some
commenters on the ANPRM noted, the existence of steel in a tire's
sidewall can be relevant to the manner in which it should be
repaired or retreaded.
---------------------------------------------------------------------------

    In consideration of the foregoing, NHTSA has decided that GDTNA has
met its burden of persuasion that the subject FMVSS No. 119 labeling
noncompliance is inconsequential to motor vehicle safety. Accordingly,
GDTNA's petition is granted and the

petitioner is exempted from the obligation of providing notification
of, and a remedy for, the subject noncompliance under 49 U.S.C. 30118
---------------------------------------------------------------------------
and 30120.

    Authority: 49 U.S.C. 30118, 30120; delegations of authority at
49 CFR 1.50 and 501.8.

    Issued on: July 25, 2008.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E8-17527 Filed 7-30-08; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Notices]
[Pages 14489-14495]
[FR Doc No: 2016-05977]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77353; File No. SR-NASDAQ-2016-034]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change Regarding Monthly
Distributions, Excess Returns, and Share Index Factors of Certain
AccuShares[supreg] Trust I Funds

March 11, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 2, 2016, The NASDAQ Stock Market LLC (``NASDAQ'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in in Items I
and II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    NASDAQ proposes to indicate the following:
    (1) That regular distributions (``Regular Distributions'') of the
following Paired Class Shares issued by AccuShares[supreg] Trust I
(formerly known as AccuShares Commodities Trust I) (the ``AccuShares
Trust'' or ``Trust'') \3\ will be made on a monthly basis on behalf of
each of the following segregated series AccuShares S&P[supreg]
GSCI[supreg] Industrial Metals Spot Fund, AccuShares S&P GSCI Crude Oil
Spot Fund, and AccuShares S&P GSCI Brent Oil Spot Fund (each a
``Distribution Fund'', and collectively the ``Distribution Funds'');
\4\
---------------------------------------------------------------------------

    \3\ AccuShares[supreg] is a registered trademark of AccuShares
Holdings LLC. S&P[supreg], S&P GSCI[supreg], S&P 500[supreg] and
Standard & Poor's[supreg] are registered trademarks of Standard &
Poor's[supreg] Financial Services LLC. CBOE[supreg], Chicago Board
Options Exchange[supreg], CBOE Volatility Index[supreg] and
VIX[supreg] are registered trademarks of Chicago Board Options
Exchange[supreg], Incorporated (``CBOE''). Dow Jones[supreg] is a
registered trademark of Dow Jones[supreg] Trademark Holdings LLC.
    \4\ The Paired Class Shares funds discussed in this proposal--
the three Distribution Funds and the AccuShares S&P GSCI Natural Gas
Spot Fund--and in addition the AccuShares S&P GSCI Spot Fund, the
AccuShares S&P GSCI Agriculture and Livestock Spot Fund, and the
AccuShares Spot CBOE[supreg] VIX[supreg] Fund, are approved for
listing. See Securities Exchange Act Release No. 74299 (February 18,
2015), 80 FR 9778 (February 24, 2015) (SR-NASDAQ-2014-065) (order
approving new Rule 5713 and listing seven AccuShares funds) (the
``AccuShares Order''). The first, and only, AccuShares fund that is
currently listed and trading on the Exchange is the AccuShares Spot
CBOE[supreg] VIX[supreg] Fund. See also Securities Exchange Act
Release No. 72412 (June 17, 2014), 79 FR 35610 (June 23, 2014) (SR-
NASDAQ-2014-065) (notice of filing regarding new Rule 5713 and
listing seven AccuShares funds) (the ``AccuShares Proposal''). The
funds approved for listing in the AccuShares Order are together
called the ``Funds''.
---------------------------------------------------------------------------

    (2) That the following Paired Class Shares issued by the Trust will
have their indexes changed from the spot variant to the excess return
variant of such indexes and the funds will be renamed to accurately
reflect the changes to the indexes--the AccuShares S&P GSCI Crude Oil
Spot Fund will have its index changed from the S&P GSCI Crude Oil Spot
Index to the S&P GSCI Crude Oil Excess Return Index and the fund will
be renamed AccuShares S&P GSCI Crude Oil Excess Return Fund, and the
AccuShares S&P GSCI Natural Gas Spot Fund will have its index changed
from S&P GSCI Natural Gas Spot Index to S&P GSCI Natural Gas Excess
Return Index and the fund will be renamed AccuShares S&P GSCI Natural
Gas Excess Return Fund; and
    (3) That the Share Index Factors \5\ for the AccuShares Spot CBOE
VIX Fund would be reset on a weekly basis on each Tuesday (after
certain distribution dates), and the regular distributions for the
AccuShares Spot CBOE VIX Fund would be made monthly on the third
Tuesday rather than monthly on the

15th so that each monthly distribution date (and the end of each
monthly measuring period) coincides with a Share Index Factor reset.
---------------------------------------------------------------------------

    \5\ Share Index Factors are discussed below.

The text of the proposed rule change is available at http://nasdaq.cchwallstreet.com/, at NASDAQ's principal office, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this proposed rule change is to indicate the
following:
    (1) That Regular Distributions will be made on a monthly basis on
behalf of each of the Distribution Funds;
    (2) That the following Paired Class Shares issued by the Trust will
have their indexes changed from the spot variant to the excess return
variant of such indexes and the funds will be renamed to accurately
reflect the changes to the indexes--the AccuShares S&P GSCI Crude Oil
Spot Fund (``Crude Oil Fund'') will have its index changed from the S&P
GSCI Crude Oil Spot Index to the S&P GSCI Crude Oil Excess Return Index
and the fund will be renamed AccuShares S&P GSCI Crude Oil Excess
Return Fund (``Excess Crude Oil Fund''), and the AccuShares S&P GSCI
Natural Gas Spot Fund (``Natural Gas Fund'') will have its index
changed from S&P GSCI Natural Gas Spot Index to S&P GSCI Natural Gas
Excess Return Index and the fund will be renamed AccuShares S&P GSCI
Natural Gas Excess Return Fund (``Excess Natural Gas Fund''); \6\ and
---------------------------------------------------------------------------

    \6\ Excess returns, which are discussed below, are generally
investment returns from a security or portfolio that exceed a
benchmark or index with a similar level of risk. For the Excess
Return Crude Oil Fund and the Excess Return Natural Gas Fund, the
excess return index is calculated from holding a nearest-to-
expiration futures contract, and exchanging such nearest-to-
expiration contract for the contract expiring in the next following
month in accordance with the monthly S&P GSCI roll schedule. The S&P
GSCI roll schedule holds the nearest-to-expiration futures contract
until the fifth trading day of each month, and over the fifth to
ninth trading day of each month sells the nearest-to-expiration
contract and purchases the contract expiring in the next following
month (i.e. rolls the futures contracts) in five equal installments
of twenty percent each. The excess return is inclusive of two
things: The gain or loss associated with holding a futures contract
and the gain or loss associated with the rolling of a futures
contract to the next following expiration. In contrast, the spot
variant does not include the gain or loss associated with rolling
from the nearest-to-expiration contract to the next following
contract (i.e. the spot variant only captures the return related to
holding a contract). The excess return is replicated by holding and
trading futures contracts underlying the index in accordance with
the S&P GSCI roll schedule. The spot variant, on the other hand,
cannot be directly hedged with rolling futures contracts, and its
hedging requires active anticipatory hedging and rolling based on
the price differentials between forward expiry futures contracts.
The spot variant has not been used for any index in exchange traded
products, whereas the excess variant routinely continues to be used
for these purposes. In the case of the excess return indexes for the
Excess Return Crude Oil Fund and the Excess Return Natural Gas Fund,
the changes in the excess return variant may be larger or smaller
than the changes in the benchmark spot return variant. See also
http://www.investopedia.com/terms/e/excessreturn.asp.
---------------------------------------------------------------------------

    (3) That the Share Index Factors for the AccuShares Spot CBOE VIX
Fund (``VIX Fund'') \7\ would be reset on a weekly basis on each
Tuesday (after certain distribution dates), and the regular
distributions for the VIX Fund would be made monthly on the third
Tuesday rather than monthly on the 15th so that each monthly
distribution date (and the end of each monthly measuring period)
coincides with a Share Index Factor reset.\8\
---------------------------------------------------------------------------

    \7\ The VIX is a key measure of market expectations of near-term
volatility conveyed by S&P 500[supreg] stock index option prices.
    \8\ Share Index Factors would continue to reset after any
Regular Distribution or special distribution. In addition to Regular
Distributions and special distributions, discussed below, Funds may
also have corrective distributions and net income distributions.
Since this filing does not implicate or change any of these other
types of distributions, they are not discussed herein.
---------------------------------------------------------------------------

Paired Class Shares--A Short Background \9\
---------------------------------------------------------------------------

    \9\ The Exchange will not engage in a detailed discussion of the
Funds or all aspects of Paired Class Shares. This is done for
purposes of brevity. This short background description is intended
only to provide context for discussion of the proposed rule change.
For additional detail, see the AccuShares Order or AccuShares
Proposal. See also Rule 5713.
---------------------------------------------------------------------------

    The structure of Paired Class Shares is designed to be a passive
unmanaged investment vehicle with the objective to provide investors
with exposure to changes in an Underlying Benchmark as defined below.
Paired Class Shares are expected to provide retail as well as
institutional investors with a simple, liquid and cost effective means
of simulating an investment in an Underlying Benchmark.
    As noted in Rule 5713, Paired Class Shares will be issued by a
trust on behalf of a segregated series of the Trust,\10\ each of which
is known as a Fund. Paired Class Shares will have values that are based
on an index or other numerical variable (``Underlying Benchmark'')
whose value reflects the value of assets, prices, price volatility or
other economic interests (``Reference Asset'').\11\ The Trust will
always issue Paired Class Shares in pairs of shares of opposing classes
of each Fund. The values of the opposing classes will move in opposite
directions as the value of the Fund's Underlying Benchmark, such as VIX
for the VIX Fund, varies from its starting level, where one constituent
of the pair is positively linked to the Fund's Underlying Benchmark
(``Up Shares'') and the other constituent is negatively linked to the
Fund's Underlying Benchmark (``Down Shares''). The rate of linkage or
leverage of a Fund's Up Shares and Down Shares performance to the
performance of the Fund's referenced Underlying Benchmark will be one-
to-one. The calculation of the liquidation value of a Fund attributable
to each of its classes of Paired Class Shares (``Class Value''), and
each Share of such class' pro rata portion of Class Value (``Class
Value per Share''), will be determined according to a mathematical
formula.\12\
---------------------------------------------------------------------------

    \10\ The Trust in the case of AccuShares is a Delaware statutory
trust that was established into separate AccuShares Funds pursuant
to the Second Amended and Restated Trust Agreement of the AccuShares
Trust, by AccuShares Investment Management, LLC, a Delaware limited
liability company, as sponsor (the ``Sponsor''), and Wilmington
Trust, N.A., a national banking association, as trustee (the
``Trustee''), as it may be amended and restated from time to time
(the ``Trust Agreement''). Under the Trust Agreement, the Sponsor
has exclusive management and control of all aspects of the business
of each Fund. Specifically, the Sponsor selects the Funds' service
providers, negotiates various fees and agreements and performs such
other services as the Sponsor believes that the AccuShares Trust may
require from time to time. See 79 FR 35610 at 35615 (AccuShares
Proposal).
    \11\ Other economic interests would include, for example,
currencies, interest rates, non-investable economic indices and
other measures of financial instrument value.
    \12\ The mathematical formula is based on the following factors:
(1) The value of Fund assets, (2) the allocation of such value based
on changes in the level of the Fund's Underlying Benchmark which may
be limited, reduced, capped or otherwise modified according to
formula or pre-set parameters, and (3) the daily accrual of gain and
income or loss on the assets of the Fund, less the liabilities of
the Fund, as such gains, income losses and liabilities are allocated
to each class of the Fund.
---------------------------------------------------------------------------

    Each Fund will engage in: (1) Scheduled Regular Distributions, (2)
special distributions that are

automatically triggered upon the Underlying Benchmark exceeding a fixed
rate of change since the Fund's prior regular or special distribution
date or inception date in the case of the first distribution (each a
``prior distribution date''), and (3) corrective distributions that are
automatically triggered when the trading price of a Paired Class Share
deviates by a specified amount from its Class Value per Share for a
specified period of time. Immediately after each Regular, special and
corrective distribution, the Fund's Underlying Benchmark participation
or exposure will be reset and the Fund's Class Value per Share for each
of its classes will be set to equal the lowest Class Value per Share of
the two classes of Paired Class Shares. To the extent any class of
Paired Class Shares of a Fund has a positive net income from income or
gain on class assets, after deduction of class liabilities, on a
Regular or special distribution date as measured from the prior
distribution date, such class of Paired Class Shares will receive a
distribution in cash equal to such positive net income regardless of
whether such class is entitled to a Regular or special distribution on
such date.
    Share Index Factors are used for the determination of Class Value
and Class Value Per Share of a Fund. On a daily basis the custodian of
a Fund (``Custodian'') \13\ will determine the Class Value of each
class of a Fund, which is based on the value of the Fund's Eligible
Assets (``Eligible Assets'') \14\ attributable to such class, (a) plus
any accrued income or gains or losses on such assets attributable to
such class (``Investment Income''), (b) less all fees, expenses and
taxes attributable to such class not otherwise assumed by the
Sponsor,\15\ where such income and gains after deduction of such fees,
expenses and taxes is referred to as the class ``Net Investment
Income.'' \16\ The Class Value per Share of each Fund's Up Shares will
have a fixed one-to-one positive linear relationship with such Fund's
Underlying Benchmark (the ``Up Share Index Factor'') and the Class
Value per Share of each Fund's Down Shares will have a fixed one-to-one
inverse linear relationship with such Fund's Underlying Benchmark (the
``Down Share Index Factor'' and together with the Up Share Index
Factor, the ``Share Index Factors''). The Down Share Index Factor will
equal negative one times the Up Share Index Factor. At the inception of
operations of each Fund, the Sponsor will establish such Fund's Share
Index Factors. After any regular or special distribution by a Fund, the
Fund will reset its Share Index Factors--the VIX Fund would have
additional resets to the Share Index Factors as described below. The
payment of cash distributions causes Class Values per Share to be equal
following each such distribution, where the Class Values per Share will
be equal to the lowest Class Value per Share of either class calculated
in determining the distribution.
---------------------------------------------------------------------------

    \13\ Each Fund will have a Custodian pursuant to appointment by
the AccuShares Trust and the terms of a domestic custodian
agreement. The Custodian will hold each Fund's securities and cash,
and will perform each Fund's Class Value and Class Value per Share
calculations.
    \14\ Regarding Eligible Assets, the Funds are designed so that
the cash proceeds from the creation of Paired Class Shares may be
held by a Fund only in Eligible Assets designed to preserve capital
while earning an investment return that is consistent with the
preservation of capital. See 80 FR 9778 at 9780 (AccuShares Order).
    \15\ The Sponsor has exclusive management and control of all
aspects of the business of each of the Funds.
    \16\ Such accrued income, gains, losses, fees, expenses and
taxes will be allocated to each Share class on a daily basis, where
such allocation is equal to the amount of such accrued income,
gains, losses, fees, expenses and taxes multiplied by a fraction the
numerator of which is the closing Class Value per Share of the
referenced class and the denominator of which is the sum of the
closing Class Values per Share of both classes of the Fund.
---------------------------------------------------------------------------

    This filing is being made to reflect the change in the Regular
Distribution interval for the Distribution Funds from quarterly to
monthly, to reflect the index changes and name changes of two funds,
and to reflect that the Share Index Factors for the VIX Fund would be
reset on a weekly basis on each Tuesday and the regular distribution
dates would be monthly on each third Tuesday to coincide with a Share
Index Factor reset. Upon operational effectiveness of this proposal,
each such Distribution Fund would, like the VIX Fund currently, engage
in monthly Regular Distributions, the two excess return Funds (Excess
Crude Oil Fund and Excess Natural Gas Fund) would reflect excess
return, and Share Index Factors for the VIX Fund will be reset on a
weekly basis on Tuesday with related changes to the regular monthly
distribution date to the third Tuesday of each month such that
distribution dates coincide with a Share Index Factor reset all as
described in more detail below. The Exchange believes that these
changes will be beneficial to market participants that choose to trade
the Funds.
Monthly Distribution
    Rule 5713 does not specify the interval for Regular Distributions.
Rather, Rule 5713 states only that a Fund may engage in ``scheduled
regular distributions''.\17\ The only mention of an interval for
Regular Distributions is in footnote 40 in the AccuShares Proposal,
which states that other than monthly Regular Distributions for VIX Fund
and the Natural Gas Fund, AccuShares ``will engage in quarterly regular
distributions.'' \18\ In this proposal the Exchange proposes to
indicate that the Distribution Funds will have Regular Distributions on
a monthly basis. Thus, the Exchange proposes that each of the
Distribution Funds will, like the VIX Fund and the Natural Gas Fund,
engage in Regular Distributions each calendar month. The Exchange
believes that this proposed change will serve to add an additional
measure of consistency to investors and traders that may want to trade
one or more of the Distribution Funds by themselves or in addition to
the currently-traded VIX Fund, which has monthly Regular
Distributions.\19\
---------------------------------------------------------------------------

    \17\ See Rule 5713(d).
    \18\ See 79 FR 35610 at 35619 (AccuShares Proposal).
    \19\ The AccuShares S&P GSCI Spot Fund and the AccuShares S&P
GSCI Agriculture and Livestock Spot Fund would continue to have
Regular Distributions on a quarterly basis. In addition, the
Exchange proposes to change the name of the Crude Oil Fund and the
Natural Gas Fund so that the new names, namely AccuShares S&P GSCI
Crude Oil Excess Return Fund and AccuShares S&P GSCI Natural Gas
Spot Excess Return Fund, more accurately reflect how these funds
will function. The Exchange also proposes to indicate that the Share
Index Factors for the VIX Fund would be reset on a weekly basis on
each Tuesday, and the regular distributions for the VIX Fund would
be made monthly on the third Tuesday rather than monthly on the 15th
so that each monthly distribution date (and each end of a monthly
measuring period) coincides with a Share Index Factor reset. These
changes are described below.
---------------------------------------------------------------------------

    The Exchange believes that consistency across all Funds (except
AccuShares S&P GSCI Spot Fund and AccuShares S&P GSCI Agriculture and
Livestock Spot Fund) vis-a-vis monthly Regular Distributions will be
helpful to investors and traders. While some may have become aware of
AccuShares and Paired Class Shares when the Exchange filed the
AccuShares Proposal, many more have become aware of AccuShares and its
product offerings with the listing and trading of the first of the
Paired Class Shares products, namely the VIX Fund.\20\ The VIX Fund (as
also the Natural Gas Fund, which is not yet listed and traded) is
currently structured with monthly Regular Distributions. The Exchange
believes that consistency across all Funds (except AccuShares S&P GSCI
Spot Fund and AccuShares S&P GSCI Agriculture and Livestock Spot Fund)
in terms of monthly Regular Distributions would avoid potential
investor confusion, and, as discussed

below, could be advantageous to market participants. For example, the
proposed monthly distributions could allow investors to redeploy gains
from Up Shares or Down Shares to alternative, non-Fund investments in a
tax efficient manner more frequently than investors could do with
quarterly distributions. In addition, monthly distributions would
better align the changes in the Class Values per Share of both the Up
Shares and the Down Shares with a more current valuation of the
underlying index. Moreover, with the commencement of trading of the VIX
Fund on the Exchange, the Sponsor has received feedback from both
current and potential investors about preferred distribution frequency.
In particular, the majority of these market participants have indicated
to the Sponsor that monthly Regular Distributions would be preferable
to a longer period and would improve both trading and hedging. Monthly
distributions can be more frequently redeployed in a tax efficient
manner into the opposing share class or other positions. Additionally,
for traders or market makers hedging or arbitraging the fund's shares,
monthly distributions and concurrent monthly Share Index Factor
settings will more closely align the funds with the most liquid monthly
futures contracts and other exchange traded products which also employ
a monthly index roll similar to the S&P GSCI commodity indexes.
---------------------------------------------------------------------------

    \20\ The VIX Fund began trading on May 19, 2015.
---------------------------------------------------------------------------

    Finally, in each instance of a distribution the Sponsor will
continue to post a notice of such event and its details on the
Sponsor's Web site (www.AccuShares.com). The Sponsor has also
represented to the Exchange that each Fund engaging in a Regular
Distribution (or, for that matter, a special distribution, corrective
distribution, or net income distribution) will provide at least three
business days' advance notice (or longer advance notice as may be
required by the Exchange) \21\ of such an event.
---------------------------------------------------------------------------

    \21\ The Exchange may determine that longer notice is advisable
in some circumstances (e.g., an extended market break).
---------------------------------------------------------------------------

Excess Crude Oil Fund and Excess Natural Gas Fund
    The Exchange proposes to change the underlying indexes from their
spot variant to their excess return variant and to rename the
AccuShares S&P GSCI Crude Oil Spot Fund to AccuShares S&P GSCI Crude
Oil Excess Return Fund and the AccuShares S&P GSCI Natural Gas Spot
Fund to AccuShares S&P GSCI Natural Gas Excess Return Fund. Market
participants, in particular Authorized Participants \22\ of the
AccuShares Trust and market participants who are expected to act as
liquidity providers for excess return Funds (``liquidity providers''),
have recommended the index change and the related name revision. The
Authorized Participants and liquidity providers have indicated that
market making in the spot variant of the indexes (the current indexes
variant) would require wider bid/offer spreads in comparison to using
the excess return variant of the indexes.\23\ That is, the current spot
variant would require anticipatory hedging, rolls, and the management
of forward contango and backwardation \24\ risk (together ``spot
requirements''), while in contrast these spot requirements are not
important with excess return because they are naturally embedded in the
excess return variant. The excess return variant is an index variant
that is not novel, but rather is one that has been in use and is thus
familiar to market makers and other market participants.\25\ Moreover,
the excess return variant is expected to benefit market participants
through both narrower bid/offer spreads and an increased ability and
proclivity for providing liquidity in all market conditions.\26\ As
such, market participants that choose to trade Pair Class Shares and
benefit from the efficiency and transparency inherent in the product
will also be able to benefit from the more easily traded and hedged
excess return variant.
---------------------------------------------------------------------------

    \22\ Per note 13 of the AccuShares Order, an Authorized
Participant may place orders to create or redeem one or more
Creation Units, and must be (1) a registered broker-dealer or other
securities market participant such as a bank or other financial
institution which is not required to register as a broker-dealer to
engage in securities transactions, (2) a direct participant in The
Depository Trust Company, and (3) a party to an Authorized
Participant Agreement with the Sponsor setting forth the procedures
for the creation and redemption of Creation Units in a Fund.
    \23\ Market participants have indicated that their expected
average holding and reassessment periods would be in the area of two
to eight weeks, and that funds that offer excess return would be
less costly because they would offer narrower bid/offer spreads and
less risk. This would have several positive effects. First,
investors are expected to buy or sell Fund shares concurrent with
each reassessment. Second, such buying or selling is expected to be
cheaper. Third, the narrower bid/offer spreads are expected to
increase liquidity in the Fund shares, thus reducing the risk of
buying or selling across a range of market conditions.
    \24\ Contango is normally when a futures price is above the
expected future spot price. Because the futures price must converge
on the expected future spot price, contango implies that futures
prices are falling over time as new information brings them into
line with the expected future spot price. Backwardation is normally
when a futures price is below the expected future spot price and
increases with time. For additional information, see http://www.investopedia.com/articles/07/contango_backwardation.asp.
    \25\ Products that use the excess return variant include DBO,
OIL, UCO, UGAZ, and DGAZ. The crude oil products (DBO, OIL, and UCO)
have current assets ranging from $400 to 800 million, and daily
trading volumes ranging from 1 million to 11 million shares. The
natural gas products (UGAZ and DGAZ) have current assets ranging
from $80 million to $300 million, and daily trading volumes ranging
from 4 million to 11 million shares. Other funds seek to track an
excess return variant by transacting directly in the related futures
contracts and some of those funds are larger than those listed.
    \26\ Because the excess return variant can be found in standard
indexes used in exchange traded products, market makers are already
accustomed to trading and hedging fund shares based on this variant.
In addition to promoting narrower spreads and added liquidity, the
excess return variant is directly hedgeable with conventional
futures contracts, which contain the cost or benefit of the roll
forward. Because the excess return variant precisely tracks the
prices of the futures that a market maker is expected to use to both
arbitrage and hedge the Fund shares, many more market makers are
expected to engage in trading and arbitrage activities. With the
excess return variant, the rolling effect of the index will be
identical to the rolling performance of a futures hedge; and because
the excess return variant precisely tracks an actual futures
holding, a hedge can essentially remain static throughout a month
and may require rebalancing only on those five days on which the
excess return variant rolls its hypothetical positions. In contrast,
the spot variant would require a more complex daily rebalancing of
the futures hedge. Hedging and arbitraging the spot variant requires
holding a next following futures contract (rather than the current
futures contract) and manually rebalancing the next following
futures contract amount on a daily basis to account for contango or
backwardation between the futures hedge and the spot variant index.
---------------------------------------------------------------------------

    Both the spot variant and the excess return variant are computed
from the same underlying futures contracts at the same point in time.
The difference between the two variants occurs only on 5 trading days:
The 5th through the 9th trading days of each month (the ``five day
period''). During the five day period, each S&P GSCI commodity index
underlying a Fund, whether monthly return or excess return, moves its
reference from the front-month expiry contract to the next following
contract (that is, the futures contract for the next consecutive expiry
month) in five equal installments of twenty percent per day in order to
capture the cost or the benefit from rolling the nearby front-month
expiry contract into the next following expiry contract. In the excess
return variant, the cost or benefit of transacting out of the current
or front-month expiry contract and into the next or following futures
contract is added to (or subtracted from) the index value. In contrast,
in the spot variant this cost or benefit is not added to (or subtracted
from) the index value,\27\ and

as such, gives rise to needed anticipatory hedging which, based on
feedback from Authorized Participants and market makers, is expected to
result in increased bid/offer spreads.
---------------------------------------------------------------------------

    \27\ The Sponsor expects more market makers to participate in
the excess return variant because of the reduced market making
complexity. The potential benefits of additional market maker
participation include: (i) The ability of market participants to
transact higher share quantities at tighter bid/offer spreads, and
(ii) more robust and predictable trading prices in fast moving or
volatile markets.
---------------------------------------------------------------------------

VIX Fund Share Index Factor and Distribution Date
    The Exchange is proposing a periodic resetting of the Share Index
Factors for the VIX Fund where the Share Index Factors reset weekly on
each Tuesday and where the regular distributions for the VIX Fund would
be made monthly on the third Tuesday of the month so that each monthly
distribution date (and each end of a monthly measuring period)
coincides with a Share Index Factor reset.
    Currently, after any Regular Distribution or special distribution
by a Fund, a Fund will reset its Share Index Factors. Cash
distributions cause Class Values per Share to be equal following each
such distribution. The lowest Class Value per Share of either class
calculated is used for the Share Index Factor.\28\ The Exchange is
proposing that the resetting of the Share Index Factors for the VIX
Fund not wait for a distribution but rather that [sic] be done on a
more frequent, weekly basis on each Tuesday. In a related change, the
regular distributions for the VIX Fund would be made monthly on the
third Tuesday rather than monthly on the 15th so that each monthly
distribution date and end of each monthly measuring period coincides
with a Share Index Factor reset. The Exchange believes that more
frequent resets of the Share Index Factors for the VIX Fund will be
beneficial to market participants that trade the fund because it will
improve the arbitrage function of the fund's shares by aligning the
setting of the Share Index Factors with the expiry of each weekly VIX
futures contract, and because the Share Index Factor will reset with a
frequency closer to the daily measurements of spot VIX. The weekly VIX
futures began trading in July 2015--approximately two months after the
launch of the VIX Fund. The weekly VIX futures are the preferred
hedging futures contract for spot VIX with both higher correlations to
spot VIX than the monthly contracts, and more timely responsiveness to
changes in spot VIX. Changing the Share Index Factors to a weekly
determination is expected to have two benefits, both of which are
expected to narrow bid/offer spreads and increase trading volumes.
First, the fund shares are expected to be more easily hedged with
shorter duration VIX futures. Aligning the Share Index Factor resets to
the shorter VIX futures would make the fund shares' responsiveness to
VIX better aligned with the preferred hedging instrument. The arbitrage
and hedging of fund shares would be simplified because the settlement
of the shorter VIX futures will be coincidental with each Share Index
Factor reset. That is, the preferred hedge is expected to be rolled on
its expiry cycle by an arbitrageur or hedger, and the expiry cycle will
coincide with each Share Index Factor reset. Second, the improved
hedgeability is expected to bring the trading prices in closer
alignment with fund share class values which are algorithmic and tied
directly to changes in spot VIX.
---------------------------------------------------------------------------

    \28\ Immediately after each distribution, the fund's exposure
will be reset, and the fund's Class Value per Share for each of its
classes will be set to equal the lowest Class Value per Share of the
two classes of Paired Class Shares. See 80 FR 9778 at 9779
(AccuShares Order).
---------------------------------------------------------------------------

    As a result of this proposed change, Share Index Factor resetting
will be taking place more frequently to the benefit of market
participants.\29\
---------------------------------------------------------------------------

    \29\ Share Index Factors would, as now, continue to reset after
any Regular Distribution and special distribution.
---------------------------------------------------------------------------

    The Exchange believes that all three of the proposed changes will
be beneficial to traders and investors, and that they meet the
requirements of the Act.
    The Exchange notes that this proposal makes three changes, as
discussed, to the original AccuShares Order and AccuShares Proposal,
see 80 FR 9778 and 79 FR 35610, and that the representations made in
the original AccuShares Order and AccuShares Proposal remain unchanged.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder, including the
requirements of Section 6(b) of the Act.\30\ In particular, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \31\ requirements that the rules of an exchange be
designed to promote just and equitable principles of trade, to prevent
fraudulent and manipulative acts and practices, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and to perfect the mechanism for a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The Exchange proposes to
indicate that Regular Distributions of the Distribution Funds will be
done on a monthly rather than on a quarterly basis, to rename two Funds
to reflect excess return rather than spot, and to indicate that Share
Index Factors for the VIX Fund would be reset on a weekly basis on
Tuesday and the regular distributions will occur monthly on the third
Tuesday of each month rather than on the 15th, as discussed. Thus, each
such monthly distribution Fund (and in fact all of the Funds with the
exception of AccuShares S&P GSCI Spot Fund and AccuShares S&P GSCI
Agriculture and Livestock Spot Fund) would engage in monthly Regular
Distributions, and the excess return Funds would be indexed to their
excess return variant and re-named AccuShares S&P GSCI Crude Oil Excess
Return Fund and AccuShares S&P GSCI Natural Gas Excess Return Fund. The
Exchange believes that these proposed changes will be beneficial to
market participants that choose to trade the Funds.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78f(b).
    \31\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that consistency across all Funds (except
AccuShares S&P GSCI Spot Fund and AccuShares S&P GSCI Agriculture and
Livestock Spot Fund) vis-[agrave]-vis monthly Regular Distributions
will be helpful to investors and traders. While some may have become
aware of AccuShares and Paired Class Shares when the Exchange filed the
AccuShares proposal, many more have become aware of AccuShares and its
product offerings with the listing and trading of the first of the
Paired Class Shares products, namely the VIX Fund that began trading on
May 19, 2015. The Exchange believes that consistency across Funds as
discussed in terms of monthly Regular Distributions would avoid
potential investor confusion, and, as discussed above, could be
advantageous to market participants. In addition, the Sponsor has heard
from current and potential investors about distribution. In particular,
the majority of these market participants indicated to the Sponsor that
monthly Regular Distributions would be preferable to a longer period
because this would tend to have a positive impact on trading activity
because better alignment with both futures hedges and better alignment
with other exchange traded products would reduce intraday spreads by
being more easily hedged and arbitraged, and more widely traded. This
would help trading price stability and tracking in terms of premiums
and discounts by both overall increasing trading volumes and making
intraday and inter-day trading volumes more consistent, all of which is
expected to contribute to narrower bid/offer spreads and more
predictable fund performance.

    The Exchange believes that, as discussed, re-indexing and renaming
the excess return Funds will be helpful to market participants. The
excess return change is recommended by market participants. The
Authorized Participants and liquidity providers have indicated that
market making in the excess return Funds, as currently reflecting the
spot variant of the index, would require wider bid/offer spreads in
comparison to using the excess return variant of the index.\32\ That
is, the current spot variant would require anticipatory hedging, rolls,
and the management of the spot requirements (e.g., contango and
backwardation risk), while in contrast these spot requirements are not
important with excess return because they are naturally embedded in the
excess return variant.
---------------------------------------------------------------------------

    \32\ Market participants have indicated that their expected
average holding and reassessment periods would be in the area of two
to eight weeks, and that excess return Funds, with narrower bid/
offer spreads--which are advantageous to market participants--would
be preferred.
---------------------------------------------------------------------------

    The Exchange notes that in each instance of a distribution the
Sponsor will post a notice of such event and its details on the
Sponsor's Web site (www.AccuShares.com). The Sponsor has also
represented to the Exchange that each Fund engaging in a Regular
Distribution (or, for that matter, a special distribution, corrective
distribution, or net income distribution) will provide at least three
business days' advance notice (or longer advance notice as may be
required by the Exchange) \33\ of such an event.
---------------------------------------------------------------------------

    \33\ The Exchange may determine that longer notice is advisable
in some circumstances (e.g., an extended market break).
---------------------------------------------------------------------------

    The Exchange believes that, as discussed, more frequent resetting
of the Share Index Factors will likewise be beneficial to market
participants. The Exchange is proposing that the resetting of the Share
Index Factors for the VIX Fund not have to wait for a Regular or
special distribution but rather be done on a more frequent, weekly
basis on each Tuesday. More frequent resets of the Share Index Factors
for the VIX Fund will be beneficial to market participants that trade
the fund because it will improve the arbitrage function of the fund's
shares by aligning the setting of the Share Index Factors with the
expiry of each weekly VIX futures contract, and because the Share Index
Factor will reset with a frequency closer to the daily measurements of
spot VIX. The weekly VIX futures are the preferred hedging futures with
both higher correlations to spot VIX than the monthly contracts, and
more timely responsiveness to changes in spot VIX. Changing the Share
Index Factors to a weekly determination is expected to have several
advantages for market participants: Narrower bid/offer spreads and
increased trading volumes; fund shares more easily hedged with shorter
VIX futures; and improved hedgeability that should bring the trading
prices in closer alignment with fund share class values which are
algorithmic and tied directly to changes in spot VIX.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The Exchange does not
believe that the proposed rule change will have any impact on
competition. The proposed rule change will achieve better consistency
for the Funds of the Trust as discussed regarding the timing of Regular
Distributions. The proposed rule change will have certain indexes
changed from the spot variant to the excess return variant of such
indexes, and will rename two of the Funds to reflect that these excess
return Funds will use the excess return variant of the index underlying
the Funds rather the current index variant that is based on spot. The
proposed rule change will increase the frequency of Share Index Factor
resets for the VIX Fund to occur weekly on each Tuesday, and will make
a corresponding change to monthly distribution dates to the third
Tuesday of each month such that a monthly distribution coincides with a
weekly Share Index Factor reset. The Exchange believes that while these
changes may not directly impact competition, they will be helpful for
market participants.

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

    Written comments were neither solicited nor received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission shall: (a) By order approve
or disapprove such proposed rule change, or (b) institute proceedings
to determine whether the proposed rule change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2016-034 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2016-034. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2016-034 and should
be submitted on or before April 7, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
---------------------------------------------------------------------------

    \34\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Lynn M. Powalski,
Deputy Secretary.
[FR Doc. 2016-05977 Filed 3-16-16; 8:45 am]
 BILLING CODE 8011-01-P


Limetree Reactivation Fact Documents- Post-Wehrum Letter

 Letter from John P. de Jongh, Jr., Governor, USVI, to Honorable Shawn-Michael Malone, President, 30[th] Legislature, USVI, Transmittal of Legislation Ratifying the Fourth Amendment to the HOVENSA Concession Agreement (July 12, 2013). https://stthomassource.com/legacy_files/userfiles/file/2013%20July/07132013-HOVENSA%20AGREEMENT%20DOCUMENTS.pdf
 Fourth Amendment Agreement Between the USVI, HOVENSA, Hess Oil VI Corp, and PDVSA (April 3, 2013). https://stthomassource.com/legacy_files/userfiles/file/2013%20July/07132013-HOVENSA%20AGREEMENT%20DOCUMENTS.pdf
 Thirtieth Legislature of the Virgin Islands, Bill No. 30-0186, A Resolution to Encourage HOVENSA to find a new owner for its Refinery Property on St. Croix (Aug. 7, 2013).
 --------------------------------------------------------------------------------
Highest and Best Use of the HOVENSA Refinery, Duff & Phelps, LLC, at 4 (Aug. 3, 2012). https://stthomassource.com/legacy_files/userfiles/file/Duff%20&%20Phelps%20-%20HOVENSA%20Highest%20and%20Best%20Use%20Report.pdf.
 --------------------------------------------------------------------------------
Complaint, Government of the United States Virgin Islands v. Hess Corporation, Superior Court of the Virgin Islands, Division of St. Croix (Sept. 14, 2015).
 --------------------------------------------------------------------------------
Hess 2012 Annual Report and 10-K Filing, at 20, https://investors.hess.com/static-files/ad76ecba-abf1-4024-aa40-2b9c84fb4cd2; https://www.annualreports.com/HostedData/AnnualReportArchive/h/NYSE_HES_2011.pdf
 --------------------------------------------------------------------------------
Letter from John Fogarty, Associate Director, Office of Civil Enforcement, to Brian K. Lever, President, HOVENSA, LLC, Oct. 5, 2012.
 --------------------------------------------------------------------------------
Hess, 2011 10-K SEC filing on behalf of HOVENSA, https://investors.hess.com/news-releases/news-release-details/hess-announces-charge-related-closure-hovensa-joint-venture.
 --------------------------------------------------------------------------------
Letter from Kathleen C. Antoine, Environmental Director, to Steve Riva, Chief, Air Programs Permitting Section, Cessation of Operation of SO2 Monitoring Stations (April 26, 2012).
 --------------------------------------------------------------------------------
In re: HOVENSA LLC, Debtor, Certification of Thomas E. Hill In Support of Chapter 11 Petition and First Day Motions, Case No. 1:15-bk-10003-MFW, District Court of the Virgin Islands Bankruptcy Division, St. Croix Division, at 25 (Sept. 15, 2015).
 --------------------------------------------------------------------------------
In re: HOVENSA, LLC, Debtor, Declaration of Joel H. Holt, District Court, Virgin Islands Bankruptcy Division, St. Croix, Virgin Islands, Case No. 15-100003(Nov. 29, 2015).
 --------------------------------------------------------------------------------
Letter from Kenneth E. Mapp, Governor of the Virgin Islands, to President of the Legislature of the Virgin Islands transmitted for ratification, Operating Agreement By and Among The Government of the U.S. Virgin Islands and Limetree Bay Terminals, LLC (Dec. 1, 2015). https://vifreepress.com/wp-content/uploads/2015/12/Operating-Agreement-GVI-and-Limetree-Bay-Terminals-12-1-2015Fully-Executed-FINAL.pdf
 --------------------------------------------------------------------------------
Press Release, HOVENSA Announces Closure of St. Croix Refinery (Jan. 18, 2012). https://investors.hess.com/news-releases/news-release-details/hess-announces-charge-related-closure-hovensa-joint-venture


[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Rules and Regulations]
[Pages 12163-12165]
[FR Doc No: 2012-4362]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0912; Directorate Identifier 2011-NM-035-AD;
Amendment 39-16962; AD 2012-04-06]
RIN 2120-AA64

Airworthiness Directives; 328 Support Services GmbH (Type
Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild
Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for all 328
Support Services GmbH (Type Certificate Previously Held by AvCraft
Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Model
328-100 airplanes. This proposed AD was prompted by several runway
excursion incidents and a single accident where the power lever could
not be operated as intended during the landing roll-out on Model
Dornier 328-100 airplanes. This proposed AD would require a
modification of the engine control box assembly. We are proposing this
AD to prevent runway excursion, which could result in damage to the
airplane and injury to the occupants.

DATES: This AD becomes effective April 4, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of April 4,
2012.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Tom Groves, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on August 31, 2011 (76
FR 54145). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    Several runway excursion incidents and a single accident have
occurred in the past with Dornier 328-100 aeroplanes, where the
power lever could not be operated as intended during the landing
roll-out. * * *
    Recurrence of such an event under similar conditions, if not
corrected, could result in further cases of runway excursion,
possibly resulting in damage to the aeroplane and injury to the
occupants.
    A modification to the power lever control box [i.e., engine
control box assembly] has been designed to prevent further power
lever handling difficulties.
    For the reasons described above, this [EASA] AD requires a
modification of the power lever control box as a retrofit for the
entire fleet of 328-100 aeroplanes.

    The required actions also include revising the airplane flight
manual

(AFM) to include Dornier 328-100 Temporary Revisions (TR) 04-078, 04-
079, and 04-080, all dated March 15, 2010, to the Abnormal Procedures
section of the Dornier (328 Support Services) 328-100 AFM; and Dornier
328-100 TRs 05-064, 05-065, and 05-066, all dated February 13, 2009, to
the Normal Procedures section of the Dornier (328 Support Services)
328-100 AFM. You may obtain further information by examining the MCAI
in the AD docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received.

Request To Change Work Hours

    328 Support Services GmbH requested we revise the Cost of
Compliance section of the NPRM (76 FR 54145, August 31, 2011). The
commenter stated that the estimate of 79 work-hours specified in the
NPRM is too low and should be changed to 99 work-hours as specified in
328 Support Services Service Bulletin SB-328-76-486, Revision 3, dated
April 7, 2010.
    We agree that the number of work hours required is higher than our
previous estimate. The cost impact information in this AD has been
revised to indicate this higher amount.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD as proposed.

Differences Between This AD and the MCAI or Service Information

    Although the MCAI specifies doing an inspection for discrepancies,
328 Support Services Service Bulletin SB-328-76-486, Revision 3, dated
April 7, 2010, does not include this action. The off-wing inspection
included in the MCAI is not required to address the unsafe condition.
The modification addresses the identified unsafe condition. Therefore,
this AD does not include that requirement.
    Although the MCAI and service information do not include revising
the AFM, this AD includes that requirement. The TRs specified below
introduce pre-flight operational tests of the warning system
modification, along with abnormal procedures that provide guidance to
the flightcrew in the event of various potential warning system faults.
These procedures must be adopted at the same time the modification is
installed to ensure proper use and operation of the power lever warning
system. This has been coordinated with EASA.
     Dornier 320-100 TR 04-078, dated March 15, 2010, for the
nuisance power lever aural alert.
     Dornier 328-100 TR 04-079 and 04-080, both dated March 15,
2010, for the engine indication and crew alerting system (EICAS)
caution ``Proxi System.''
     Dornier 328-100 TRs 05-064, 05-065, and 05-066, all dated
February 13, 2009, for the power level aural alert test.

Costs of Compliance

    We estimate that this AD will affect 20 products of U.S. registry.
We also estimate that it will take about 99 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $35,700 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $882,300, or $44,115 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM (76 FR 54145, August 31,
2011), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2012-04-06 328 Support Services GmbH (Type Certificate Previously
Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier
Luftfahrt GmbH): Amendment 39-16962. Docket No. FAA-2011-0912;
Directorate Identifier 2011-NM-035-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 4,
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to 328 Support Services GmbH (Type Certificate
previously held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH;
Dornier Luftfahrt GmbH) Model 328-100 airplanes; all serial numbers;
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 76: Engine
Controls.

(e) Reason

    This AD was prompted by several runway excursion incidents and a
single accident where the power lever could not be operated as
intended during the landing roll-out on Model Dornier 328-100
airplanes. We are issuing this AD to prevent runway excursion, which
could result in damage to the airplane and injury to the occupants.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Modification

    Within 15 months after the effective date of this AD, modify the
engine control box assembly with additional aural alerting function
and a revised power lever guiding gate, in accordance with the
Accomplishment Instructions of 328 Support Services Service Bulletin
SB-328-76-486, Revision 3, dated April 7, 2010.

(h) Credit for Previous Actions

    This paragraph provides credit for the modification required by
paragraph (g) of this AD, if the modification was performed before
the effective date of this AD using 328 Support Services Service
Bulletin SB-328-76-486, dated July 15, 2009; Revision 1, dated March
2, 2010; or Revision 2, dated March 11, 2010.

(i) Airplane Flight Manual Revisions

    Concurrently with doing the modification required in paragraph
(g) of this AD, revise the Dornier (328 Support Services) 328-100
Airplane Flight Manual (AFM) to include the information in the
Dornier 328-100 temporary revisions (TRs) identified in paragraphs
(i)(1), (i)(2), and (i)(3) of this AD. Operate the airplane
according to the procedures in those TRs.
    (1) For the power lever aural alert test:
    (i) Dornier 328-100 TR 05-064, dated February 13, 2009, to the
Normal Procedures section of the Dornier (328 Support Services) 328-
100 AFM.
    (ii) Dornier 328-100 TR 05-065, dated February 13, 2009, to the
Normal Procedures section of the Dornier (328 Support Services) 328-
100 AFM.
    (iii) Dornier 328-100 TR 05-066, dated February 13, 2009, to the
Normal Procedures section of the Dornier (328 Support Services) 328-
100 AFM.
    (2) For the nuisance power lever aural alert: Dornier 328-100 TR
4-078, dated March 15, 2010, to the Abnormal Procedures section of
the Dornier (328 Support Services) 328-100 ATM.
    (3) For the engine indication and crew alerting system (EICAS)
caution ``Proxi System:''
    (i) Dornier 328-100 TR 04-079, dated March 15, 2010, to the
Abnormal Procedures section of the Dornier (328 Support Services)
328-100 ATM.
    (ii) Dornier 328-100 TR 04-080, dated March 15, 2010, to the
Abnormal Procedures section of the Dornier (328 Support Services)
328-100 ATM.

    Note 1 to paragraph (i) of this AD: Revising the AFM may be done
by inserting copies of the TRs specified in paragraphs (i)(1),
(i)(2), and (i)(3) of this AD, in the Dornier (328 Support Services)
328-100 AFM. When these TRs have been included in general revisions
of this AFM, the general revisions may be inserted in the AFM,
provided the relevant information in the general revision of this
AFM is identical to that in the TRs specified in paragraphs (i)(1),
(i)(2), and (i)(3) of this AD, and these TRs may be removed.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Tom Groves,
Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(k) Related Information

    Refer to MCAI EASA Airworthiness Directive 2009-0196, dated
September 4, 2009; 328 Support Services Service Bulletin SB-328-76-
486, Revision 3, dated April 7, 2010; and the TRs specified in
paragraphs (i)(1), (i)(2), and (i)(3) of this AD; for related
information.

(l) Material Incorporated by Reference

    (1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) of the following service information under 5 U.S.C.
552(a) and 1 CFR part 51:
    (i) 328 Support Services Service Bulletin SB-328-76-486,
Revision 3, dated April 7, 2010. The revision level and date of this
document are shown only on the odd-numbered pages of the document.
    (ii) Dornier 328-100 Temporary Revision 04-078, dated March 15,
2010, to the Abnormal Procedures section of the Dornier (328 Support
Services) 328-100 Airplane Flight Manual.
    (iii) Dornier 328-100 Temporary Revision 04-079, dated March 15,
2010, to the Abnormal Procedures section of the Dornier (328 Support
Services) 328-100 Airplane Flight Manual.
    (iv) Dornier 328-100 Temporary Revision 04-080, dated March 15,
2010, to the Abnormal Procedures section of the Dornier (328 Support
Services) 328-100 Airplane Flight Manual.
    (v) Dornier 328-100 Temporary Revision 05-064, dated February
13, 2009, to the Normal Procedures section of the Dornier (328
Support Services) 328-100 Airplane Flight Manual.
    (vi) Dornier 328-100 Temporary Revision 05-065, dated February
13, 2009, to the Normal Procedures section of the Dornier (328
Support Services) 328-100 Airplane Flight Manual.
    (vii) Dornier 328-100 Temporary Revision 05-066, dated February
13, 2009, to the Normal Procedures section of the Dornier (328
Support Services) 328-100 Airplane Flight Manual.
    (2) For service information identified in this AD, contact 328
Support Services GmbH, Global Support Center, P.O. Box 1252, D-82231
Wessling, Federal Republic of Germany; telephone +49 8153 88111
6666; fax +49 8153 88111 6565; email<EMAIL_ADDRESS>Internet
http://www.328support.de.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on February 13, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-4362 Filed 2-28-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Notices]
[Pages 60008-60010]
[FR Doc No: 2012-24141]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0279]

Qualification of Drivers; Exemption Applications; Vision

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

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

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

SUMMARY: FMCSA announces receipt of applications from 15 individuals
for exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations. They are unable to meet the vision requirement in
one eye for various reasons. The exemptions will enable these
individuals to operate commercial motor vehicles (CMVs) in interstate
commerce without meeting the prescribed vision requirement in one eye.
If granted, the exemptions would enable these individuals to qualify as
drivers of commercial motor vehicles (CMVs) in interstate commerce.

DATES: Comments must be received on or before October 31, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2012-0279 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the 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.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5

p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' FMCSA can renew exemptions at the end of each
2-year period. The 15 individuals listed in this notice have each
requested such an exemption from the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.

Qualifications of Applicants

Deurice K. Dean

    Mr. Dean, age 39, has had coat's disease in his left eye since
birth. The visual acuity in his right eye is 20/15, and in his left
eye, 20/400. Following an examination in 2012, his ophthalmologist
noted, ``He has been driving a truck for the last 12 years and
therefore it is reasonable to assume that he has sufficient vision to
perform the driving tasks require to operate a commercial vehicle.''
Mr. Dean reported that he has driven straight trucks for 12 years,
accumulating 999,996 miles, and tractor-trailer combinations for 6
years, accumulating 1,800 miles. He holds a Class A Commercial Driver's
License (CDL) from Maryland. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Terry J. Edwards

    Mr. Edwards, 53, has a prosthetic right eye due to a traumatic
injury sustained at age 5. The best corrected visual acuity in his
right eye is no light perception, and in his left eye, 20/20. Following
an examination in 2011, his optometrist noted, ``I certify that Mr.
Edwards meets the requirement as stated and has sufficient vision to
perform the driving tasks needed to drive a commercial vehicle.'' Mr.
Edwards reported that he has driven straight trucks for 10 years,
accumulating 1.2 million miles, and tractor-trailer combinations for 10
years, accumulating 1.5 million miles. He holds an operator's license
from Missouri. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Raymundo Flores

    Mr. Flores, 48, has complete loss of vision in his left eye due to
a traumatic injury sustained at age 2. The best corrected visual acuity
in his right eye is 20/20. Following an examination in 2012, his
ophthalmologist noted, ``Yes, I (Cheryl Snyder M.D.) certify Mr. Flores
has sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Flores reported that he has driven straight
trucks for 15 years, accumulating 780,000 miles, and tractor-trailer
combinations for 9 years, accumulating 702,000 miles. He holds a Class
A CDL from Texas. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Charles F. Huffman

    Mr. Huffman, 53, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/20, and in his
left eye, 20/400. Following an examination in 2012, his optometrist
noted, ``I feel that he has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Huffman reported
that he has driven tractor-trailer combinations for 5 years,
accumulating 453,000 miles. He holds a Class A CDL from Washington. His
driving record for the last 3 years shows no crashes but one conviction
for speeding in a CMV; he exceeded the speed limit by 15 or more mph.

Ivaylo V. Kanchev

    Mr. Kanchev, 39, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/20, and in his
left eye, 20/60. Following an examination in 2012, his optometrist
noted, ``Mr. Kanchev has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Kanchev reported that
he has driven tractor-trailer combinations for 7 years, accumulating
770,000 miles. He holds a Class A CDL from Florida. His driving record
for the last 3 years shows no crashes but one conviction for a moving
violation in a CMV; coasting or operating with gears disengaged.

Charlie C. Kimmel

    Mr. Kimmel, 56, had a retinal detachment in his right eye due to a
traumatic injury sustained 10 years ago. The visual acuity in his right
eye is hand motion vision, and in his left eye, 20/20. Following an
examination in 2011, his optometrist noted, ``Has sufficient vision to
perform the driving task required to operate a commercial vehicle.''
Mr. Kimmel reported that he has driven straight trucks for 7 years,
accumulating 129,500 miles, and tractor-trailer combinations for 7
years, accumulating 70,000 miles. He holds a Class A CDL from Texas.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Laine Lewin

    Mr. Lewin, 32, has a macular scar in the right eye sustained at age
13. The best corrected visual acuity in his right eye is hand motion
vision, and in his left eye, 20/20. Following an examination in 2012,
his optometrist noted, ``There is no reason for me to believe that Mr.
Lewin would have any difficulty, based on his vision, performing the
driving tasks required to operate a commercial motor vehicle safely.''
Mr. Lewin reported that he has driven straight trucks for 3 years,
accumulating 2,700 miles, and tractor-trailer combinations for 16
years, accumulating 48,000 miles. He holds a Class D license from
Minnesota. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Jimmy R. Mauldin

    Mr. Mauldin, 75, has esotropia in the right eye due to whooping
cough sustained at age 2. The best corrected visual acuity in his right
eye is hand motion vision, and in his left eye, 20/30. Following an
examination in 2012, his optometrist noted, ``it is in my medical
opinion the vision is sufficient to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Mauldin reported that he has
driven straight trucks for 7 years, accumulating 280,000 miles, and
tractor-trailer combinations for 8 years, accumulating 480,000 miles.
He holds a Class A CDL from Oklahoma. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Johnny Montemayor

    Mr. Montemayor, 61, has a macular scar on his left eye due to a
traumatic injury sustained in 1988. The best corrected visual acuity in
his right eye is 20/20, and in his left eye, 20/400. Following an
examination in 2012, his optometrist noted, ``Based upon the patient's
history and my examination finding, I am reporting that Mr. Montemayor
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Montemayor reported that he has driven

tractor-trailer combinations for 30 years, accumulating 160,080 miles.
He holds a Class A CDL from Texas. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Christopher S. Morgan

    Mr. Morgan, 30, has had amblyopia in his right eye since childhood.
The best corrected visual acuity in his right eye is 20/50, and in his
left eye, 20/20. Following an examination in 2012, his ophthalmologist
noted, ``In my medical opinion, Mr. Morgan has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Morgan reported that he has driven straight trucks for 5 years,
accumulating 75,000 miles, and tractor-trailer combinations for 3
years, accumulating 135,000 miles. He holds an operator license from
Louisiana. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

William T. Owens

    Mr. Owens, 57, has central serous choroidopathy in his right eye
since 2002. The best corrected visual acuity in his right eye is 20/
150, and in his left eye, 20/20. Following an examination in 2012, his
optometrist noted, ``It is in my medical opinion that Mr. Owens has
adequate visual function to perform his work duties and maintain his
CDL license in the operation of a commercial vehicle.'' Mr. Owens
reported that he has driven tractor-trailer combinations for 35 years,
accumulating 3.2 million miles. He holds a Class A CDL from Virginia.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Jeffrey S. Pennell

    Mr. Pennell, 49, has had amblyopia in his left eye since childhood.
The best corrected visual acuity in his right eye is 20/15, and in his
left eye, 20/400. Following an examination in 2012, his optometrist
noted, ``In my opinion, he has sufficient vision to operate a
commercial vehicle.'' Mr. Pennell reported that he has driven straight
trucks for 22 years, accumulating 792,000 miles, tractor-trailer
combinations for 12 years, accumulating 336,000 miles, and buses for 5
months, accumulating 2,000 miles. He holds a Class A CDL from Vermont.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Donald R. Strickland

    Mr. Strickland, 71, has had amblyopia in his right eye since birth.
The best corrected visual acuity in his right eye is 20/25, and in his
left eye, 20/400. Following an examination in 2012, his optometrist
noted, ``In Summary, Mr. Strickland has excellent vision in the right
eye and, somewhat diminished vision in the left eye. However, it is my
medical opinion that Mr. Strickland has sufficient visual acuity to
perform the duties required for a commercial vehicle.'' Mr. Strickland
reported that he has driven tractor-trailer combinations for 35 years,
accumulating 2.6 million miles. He holds a Class A CDL from North
Carolina. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Vaughn J. Suhling

    Mr. Suhling, 51, has a ocular histoplasmosis scar in his right eye
sustained in 1990. The best corrected visual acuity in his right eye is
20/200, and in his left eye, 20/20. Following an examination in 2012,
his optometrist noted, ``I believe Mr. Suhling has sufficient vision to
perform the driving tasks required to continue to operate a commercial
vehicle.'' Mr. Suhling reported that he has driven straight trucks for
35 years, accumulating 420,000 miles, and tractor-trailer combinations
for 6 years, accumulating 24,000 miles. He holds a Class A CDL from
Illinois. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Max A. Thurman

    Mr. Thurman, 75, has a prosthetic left eye due to a traumatic
injury sustained 10 years ago. The visual acuity in his right eye is
20/25. Following an examination in 2011, his optometrist noted, ``I
certify that patient has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Thurman reported that
he has driven straight trucks for 60 years, accumulating 6,000 miles,
and tractor-trailer combinations for 50 years, accumulating 4.5 million
miles. He holds a Class A CDL from Illinois. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. The Agency will consider all comments
received before the close of business October 31, 2012. Comments will
be available for examination in the docket at the location listed under
the ADDRESSES section of this notice. The Agency will file comments
received after the comment closing date in the public docket, and will
consider them to the extent practicable.
    In addition to late comments, FMCSA will also continue to file, in
the public docket, relevant information that becomes available after
the comment closing date. Interested persons should monitor the public
docket for new material.

    Issued on: September 21, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-24141 Filed 9-28-12; 8:45 am]
BILLING CODE 4910-EX-P