[Federal Register Volume 85, Number 196 (Thursday, October 8, 2020)]
[Notices]
[Pages 63649-63652]
[FR Doc No: 2020-22311]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-7165; FMCSA-2002-12294; FMCSA-2006-23773; FMCSA-
2007-29019; FMCSA-2008-0106; FMCSA-2008-0231; FMCSA-2010-0082; FMCSA-
2010-0114; FMCSA-2011-0365; FMCSA-2011-0366; FMCSA-2012-0104; FMCSA-
2012-0160; FMCSA-2012-0161; FMCSA-2013-0028; FMCSA-2013-0169; FMCSA-
2013-0170; FMCSA-2013-0174; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-
2014-0007; FMCSA-2014-0010; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-
2015-0347; FMCSA-2016-0025; FMCSA-2016-0030; FMCSA-2016-0031; FMCSA-
2016-0033; FMCSA-2017-0022; FMCSA-2017-0026; FMCSA-2018-0007; FMCSA-
2018-0011; FMCSA-2018-0012; FMCSA-2018-0013; FMCSA-2018-0014]

Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces its decision to renew exemptions for 44
individuals from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to continue to
operate CMVs in interstate commerce without meeting the vision
requirements in one eye.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must

be received on or before November 9, 2020.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2000-7165, Docket No. FMCSA-
2002-12294, Docket No. FMCSA-2006-23773, Docket No. FMCSA-2007-29019,
Docket No. FMCSA-2008-0106, Docket No. FMCSA-2008-0231, Docket No.
FMCSA-2010-0082, Docket No. FMCSA-2010-0114, Docket No. FMCSA-2011-
0365, Docket No. FMCSA-2011-0366, Docket No. FMCSA-2012-0104, Docket
No. FMCSA-2012-0160, Docket No. FMCSA-2012-0161, Docket No. FMCSA-2013-
0028, Docket No. FMCSA-2013-0169, Docket No. FMCSA-2013-0170, Docket
No. FMCSA-2013-0174, Docket No. FMCSA-2014-0003, Docket No. FMCSA-2014-
0004, Docket No. FMCSA-2014-0007, Docket No. FMCSA-2014-0010, Docket
No. FMCSA-2015-0056, Docket No. FMCSA-2015-0070, Docket No. FMCSA-2015-
0347, Docket No. FMCSA-2016-0025, Docket No. FMCSA-2016-0030, Docket
No. FMCSA-2016-0031, Docket No. FMCSA-2016-0033, Docket No. FMCSA-2017-
0022, Docket No. FMCSA-2017-0026, Docket No. FMCSA-2018-0007, Docket
No. FMCSA-2018-0011, Docket No. FMCSA-2018-0012, Docket No. FMCSA-2018-
0013, or Docket No. FMCSA-2018-0014 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Operations; 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.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, 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.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2000-7165; FMCSA-2002-12294; FMCSA-2006-23773;
FMCSA-2007-29019; FMCSA-2008-0106; FMCSA-2008-0231; FMCSA-2010-0082;
FMCSA-2010-0114; FMCSA-2011-0365; FMCSA-2011-0366; FMCSA-2012-0104;
FMCSA-2012-0160; FMCSA-2012-0161; FMCSA-2013-0028; FMCSA-2013-0169;
FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-2014-0003; FMCSA-2014-0004;
FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2015-0056; FMCSA-2015-0070;
FMCSA-2015-0347; FMCSA-2016-0025; FMCSA-2016-0030; FMCSA-2016-0031;
FMCSA-2016-0033; FMCSA-2017-0022; FMCSA-2017-0026; FMCSA-2018-0007;
FMCSA-2018-0011; FMCSA-2018-0012; FMCSA-2018-0013; FMCSA-2018-0014),
indicate the specific section of this document to which each comment
applies, and provide a reason for each suggestion or recommendation.
You may submit your comments and material online or by fax, mail, or
hand delivery, but please use only one of these means. FMCSA recommends
that you include your name and a mailing address, an email address, or
a phone number in the body of your document so that FMCSA can contact
you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2000-7165; FMCSA-2002-12294; FMCSA-2006-
23773; FMCSA-2007-29019; FMCSA-2008-0106; FMCSA-2008-0231; FMCSA-2010-
0082; FMCSA-2010-0114; FMCSA-2011-0365; FMCSA-2011-0366; FMCSA-2012-
0104; FMCSA-2012-0160; FMCSA-2012-0161; FMCSA-2013-0028; FMCSA-2013-
0169; FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-2014-0003; FMCSA-2014-
0004; FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2015-0056; FMCSA-2015-
0070; FMCSA-2015-0347; FMCSA-2016-0025; FMCSA-2016-0030; FMCSA-2016-
0031; FMCSA-2016-0033; FMCSA-2017-0022; FMCSA-2017-0026; FMCSA-2018-
0007; FMCSA-2018-0011; FMCSA-2018-0012; FMCSA-2018-0013; FMCSA-2018-
0014, in the keyword box, and click ``Search.'' When the new screen
appears, click on the ``Comment Now!'' button and type your comment
into the text box on the following screen. Choose whether you are
submitting your comment as an individual or on behalf of a third party
and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-2000-7165; FMCSA-2002-12294; FMCSA-
2006-23773; FMCSA-2007-29019; FMCSA-2008-0106; FMCSA-2008-0231; FMCSA-
2010-0082; FMCSA-2010-0114; FMCSA-2011-0365; FMCSA-2011-0366; FMCSA-
2012-0104; FMCSA-2012-0160; FMCSA-2012-0161; FMCSA-2013-0028; FMCSA-
2013-0169; FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-2014-0003; FMCSA-
2014-0004; FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2015-0056; FMCSA-
2015-0070; FMCSA-2015-0347; FMCSA-2016-0025; FMCSA-2016-0030; FMCSA-
2016-0031; FMCSA-2016-0033; FMCSA-2017-0022; FMCSA-2017-0026; FMCSA-
2018-0007; FMCSA-2018-0011; FMCSA-2018-0012; FMCSA-2018-0013; FMCSA-
2018-0014, in the keyword box, and click ``Search.'' Next, click the
``Open Docket Folder'' button and choose the document to review. If you
do not have access to the internet, you may view the docket online by
visiting Docket Operations in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal
holidays. To be sure someone is there to help you, please call (202)
366-9317 or<PHONE_NUMBER> before visiting Docket Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public

to better inform its rulemaking process. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.
    The 44 individuals listed in this notice have requested renewal of
their exemptions from the vision standard in Sec.  391.41(b)(10), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 44
applicants has satisfied the renewal conditions for obtaining an
exemption from the vision standard (see 65 FR 33406; 65 FR 57234; 67 FR
46016; 67 FR 57266; 67 FR 57267; 69 FR 51346; 69 FR 52741; 71 FR 6826;
71 FR 19602; 71 FR 50970; 71 FR 53489; 72 FR 58362; 72 FR 67344; 73 FR
11989; 73 FR 35198; 73 FR 46973; 73 FR 48270; 73 FR 48275; 73 FR 51336;
73 FR 54888; 74 FR 57553; 75 FR 13653; 75 FR 25919; 75 FR 34212; 75 FR
39729; 75 FR 44051; 75 FR 47888; 75 FR 50799; 75 FR 52062; 75 FR 52063;
76 FR 70212; 77 FR 3552; 77 FR 5874; 77 FR 13691; 77 FR 17117; 77 FR
23797; 77 FR 27847; 77 FR 38381; 77 FR 38386; 77 FR 40945; 77 FR 41879;
77 FR 46153; 77 FR 51846; 77 FR 52388; 77 FR 52389; 77 FR 52391; 78 FR
27281; 78 FR 41188; 78 FR 64274; 78 FR 67454; 78 FR 77778; 79 FR 1908;
79 FR 4803; 79 FR 13085; 79 FR 14333; 79 FR 14571; 79 FR 18392; 79 FR
23797; 79 FR 28588; 79 FR 29495; 79 FR 29498; 79 FR 38659; 79 FR 41735;
79 FR 41740; 79 FR 46153; 79 FR 46300; 79 FR 51643; 79 FR 52388; 79 FR
53514; 79 FR 64001; 80 FR 33007; 80 FR 59230; 80 FR 63839; 80 FR 67476;
81 FR 1284; 81 FR 1474; 81 FR 15401; 81 FR 15404; 81 FR 20433; 81 FR
20435; 81 FR 21647; 81 FR 28138; 81 FR 45214; 81 FR 48493; 81 FR 52514;
81 FR 59266; 81 FR 66726; 81 FR 68098; 81 FR 74494; 81 FR 81230; 81 FR
90050; 81 FR 91239; 82 FR 15277; 82 FR 37504; 82 FR 47309; 83 FR 2306;
83 FR 2311; 83 FR 6925; 83 FR 15195; 83 FR 15214; 83 FR 18648; 83 FR
24146; 83 FR 24585; 83 FR 28320; 83 FR 28325; 83 FR 28328; 83 FR 28332;
83 FR 28335; 83 FR 33292; 83 FR 34661; 83 FR 34677; 83 FR 40638; 83 FR
40648; 83 FR 45749; 83 FR 54644). They have submitted evidence showing
that the vision in the better eye continues to meet the requirement
specified at Sec.  391.41(b)(10) and that the vision impairment is
stable. In addition, a review of each record of safety while driving
with the respective vision deficiencies over the past 2 years indicates
each applicant continues to meet the vision exemption requirements.
These factors provide an adequate basis for predicting each driver's
ability to continue to drive safely in interstate commerce. Therefore,
FMCSA concludes that extending the exemption for each renewal applicant
for a period of 2 years is likely to achieve a level of safety equal to
that existing without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of September
and are discussed below. As of September 8, 2020, and in accordance
with 49 U.S.C. 31136(e) and 31315, the following 32 individuals have
satisfied the renewal conditions for obtaining an exemption from the
vision requirement in the FMCSRs for interstate CMV drivers (71 FR
6826; 71 FR 19602; 72 FR 58362; 72 FR 67344; 73 FR 11989; 73 FR 35198;
73 FR 48275; 74 FR 57553; 75 FR 13653; 75 FR 25919; 75 FR 39729; 75 FR
44051; 76 FR 70212; 77 FR 3552; 77 FR 5874; 77 FR 13691; 77 FR 17117;
77 FR 23797; 77 FR 38381; 77 FR 41879; 77 FR 46153; 77 FR 51846; 77 FR
52391; 78 FR 27281; 78 FR 41188; 78 FR 64274; 78 FR 67454; 78 FR 77778;
79 FR 1908; 79 FR 4803; 79 FR 13085; 79 FR 14333; 79 FR 14571; 79 FR
18392; 79 FR 23797; 79 FR 28588; 79 FR 29498; 79 FR 38659; 79 FR 41735;
79 FR 41740; 79 FR 46153; 79 FR 53514; 80 FR 33007; 80 FR 59230; 80 FR
63839; 80 FR 67476; 81 FR 1284; 81 FR 1474; 81 FR 15401; 81 FR 15404;
81 FR 20433; 81 FR 20435; 81 FR 21647; 81 FR 28138; 81 FR 45214; 81 FR
48493; 81 FR 52514; 81 FR 66726; 81 FR 68098; 81 FR 90050; 81 FR 91239;
82 FR 15277; 82 FR 37504; 82 FR 47309; 83 FR 2306; 83 FR 2311; 83 FR
6925; 83 FR 15195; 83 FR 15214; 83 FR 18648; 83 FR 24146; 83 FR 24585;
83 FR 28320; 83 FR 28325; 83 FR 28328; 83 FR 28332; 83 FR 28335; 83 FR
33292; 83 FR 34661; 83 FR 34677; 83 FR 40648; 83 FR 45749; 83 FR
54644):

Daniel C. Berry (AR)
Christopher L. Binkley (NH)
John R. Bohman (OH)
Clifford L. Burruss (CA)
Ronald H. Carey (PA)
Darrin G. Davis (WI)
Vincent DeMedici (PA)
Jeffrey D. Duncan (IN)
Paul D. Evenhouse (IL)
John W. Forgy (ID)
Grant G. Gibson (MN)
Rickey W. Goins (TN)
Jorge Gonzalez (FL)
John E. Halcomb (GA)
Nenad Harnos (NJ)
Brian D. Hoover (IA)
Alvin H. Horgdal (IA)
Elvin M. Hursh (PA)
Michael A. Kafer (KS)
Jason W. King (MT)
Allen J. Kunze (ND)
Mickey D. McCoy (TN)
Earl L. Mokma (MI)
Terrence A. Odrick (DE)
James L. Okonek (WI)
James C. Paschal, Jr. (GA)
Riland O. Richardson (GA)
Jacob H. Riggle (OK)
Michael J. Schmelzle (KS)
Gregory S. Smith (AR)
Larry L. Stewart (NC)
William B. Van Drielen (NV)

    The drivers were included in docket numbers FMCSA-2006-23773;

FMCSA-2007-29019; FMCSA-2008-0106; FMCSA-2010-0082; FMCSA-2011-0365;
FMCSA-2011-0366; FMCSA-2012-0160; FMCSA-2012-0161; FMCSA-2013-0028;
FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2013-0174; FMCSA-2014-0003;
FMCSA-2014-0004; FMCSA-2014-0007; FMCSA-2015-0056; FMCSA-2015-0070;
FMCSA-2015-0347; FMCSA-2016-0025; FMCSA-2016-0030; FMCSA-2016-0031;
FMCSA-2017-0022; FMCSA-2017-0026; FMCSA-2018-0007; FMCSA-2018-0011;
FMCSA-2018-0012; FMCSA-2018-0013; and FMCSA-2018-0014. Their exemptions
were applicable as of September 8, 2020, and will expire on September
8, 2022.
    As of September 9, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (75 FR 34212; 75 FR 47888; 77 FR
27847; 77 FR 38386; 77 FR 40945; 77 FR 41879; 77 FR 52391; 79 FR 29495;
79 FR 41735; 81 FR 81230; 83 FR 40638):

Michael J. Hoffarth (WA)
Shane N. Maul (IN)
Robert Smiley (NM)

    The drivers were included in docket numbers FMCSA-2010-0114; FMCSA-
2012-0104; FMCSA-2012-0161. Their exemptions were applicable as of
September 9, 2020, and will expire on September 9, 2022.
    As of September 21, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (65 FR 33406; 65 FR 57234; 67 FR
46016; 67 FR 57266; 67 FR 57267; 69 FR 51346; 69 FR 52741; 71 FR 50970;
71 FR 53489; 73 FR 48270; 73 FR 51336; 75 FR 50799; 75 FR 52062; 77 FR
52389; 79 FR 46300; 81 FR 81230; 83 FR 40638):

Jack D. Clodfelter (NC)
Daniel K. Davis, III (MA)
Reginald I. Hall (TX)
Alfred C. Jewell, Jr. (WY)

The drivers were included in docket numbers FMCSA-2000-7165; and FMCSA-
2002-12294. Their exemptions were applicable as of September 21, 2020,
and will expire on September 21, 2022.
    As of September 23, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (73 FR 46973; 73 FR 54888; 75 FR
52063; 77 FR 52388; 79 FR 52388; 81 FR 81230; 83 FR 40638):

Terrence L. Benning (WI)
Larry D. Curry (GA)
Thomas P. Shank (NY)

    The drivers were included in docket number FMCSA-2008-0231. Their
exemptions were applicable as of September 23, 2020, and will expire on
September 23, 2022.
    As of September 29, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following individual has satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (81 FR 59266; 81 FR 74494; 83 FR
40638):

Gregory M. Anderson (NY)

    The driver was included in docket number FMCSA-2016-0033. The
exemption is applicable as of September 29, 2020, and will expire on
September 29, 2022.
    As of September 30, 2020, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following individual has satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (79 FR 51643; 79 FR 64001; 81 FR
81230; 83 FR 40638):

Loran J. Weiler (IA)

    The driver was included in docket number FMCSA-2014-0010. The
exemption is applicable as of September 30, 2020, and will expire on
September 30, 2022.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must undergo an annual physical examination (a) by an
ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a certified medical examiner (ME), as defined by Sec.
390.5, who attests that the driver is otherwise physically qualified
under Sec.  391.41; (2) each driver must provide a copy of the
ophthalmologist's or optometrist's report to the ME at the time of the
annual medical examination; and (3) each driver must provide a copy of
the annual medical certification to the employer for retention in the
driver's qualification file or keep a copy of his/her driver's
qualification if he/her is self-employed. The driver must also have a
copy of the exemption when driving, for presentation to a duly
authorized Federal, State, or local enforcement official. The exemption
will be rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315(b).

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VII. Conclusion

    Based upon its evaluation of the 44 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the vision
requirement in Sec.  391.41(b)(10), subject to the requirements cited
above. In accordance with 49 U.S.C. 31136(e) and 31315(b), each
exemption will be valid for 2 years unless revoked earlier by FMCSA.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-22311 Filed 10-7-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 79, Number 111 (Tuesday, June 10, 2014)]
[Notices]
[Page 33222]
[FR Doc No: 2014-13466]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Rule 433;
    SEC File No. 270-558, OMB Control No. 3235-0617.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') this request for extension of the previously
approved collection of information discussed below.
    Rule 433 (17 CFR 230.433) governs the use and filing of free
writing prospectuses under the Securities Act of 1933 (15 U.S.C. 77a et
seq.). The purpose of Rule 433 is to reduce the restrictions on
communications that an issuer can make to investors during a registered
offering of its securities, while maintaining important investor
protections. A free writing prospectus meeting the conditions of Rule
433(d)(1) must be filed with the Commission and is publicly available.
We estimate that it takes approximately 1.28 burden hours per response
to prepare a free writing prospectus and that the information is filed
by 2,906 respondents approximately 3.43 times per year for a total of
9,968 responses. We estimate that 25% of the 1.28 burden hours per
response (0.32 hours) is prepared by the issuer for total annual
reporting burden of approximately 3,190 hours (0.32 hours x 3,190
responses).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number.
    The public may view the background documentation for this
information collection at the following Web site, www.reginfo.gov .
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to<EMAIL_ADDRESS>and (ii) Thomas Bayer, Director/Chief Information
Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 100
F Street NE., Washington, DC 20549 or send an email to<EMAIL_ADDRESS>Comments must be submitted to OMB within 30 days of
this notice.

    Dated: June 4, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-13466 Filed 6-9-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Notices]
[Pages 8518-8519]
[FR Doc No: 2016-03451]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4254-DR; Docket ID FEMA-2016-0001]

Arkansas; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Arkansas (FEMA-4254-DR), dated February 5,
2016, and related determinations.

DATES: Effective Date: February 5, 2016.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated February 5, 2016, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Arkansas resulting from severe storms, tornadoes, straight-line
winds, and flooding during the period of December 26, 2015 to
January 22, 2016, is of sufficient severity and magnitude to warrant
a major disaster declaration under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''). Therefore, I declare that such a major disaster
exists in the State of Arkansas.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance and Public
Assistance in the designated areas and Hazard Mitigation throughout
the State. Consistent with the requirement that Federal assistance
be supplemental, any Federal funds provided under the Stafford Act
for Hazard Mitigation and Other Needs Assistance will be limited to
75 percent of the total eligible costs. Federal funds provided under
the Stafford Act for Public Assistance also will be limited to 75
percent of the total eligible costs, with the exception of projects
that meet the eligibility criteria for a higher Federal cost-sharing
percentage under the Public Assistance Alternative Procedures Pilot
Program for Debris Removal implemented pursuant to section 428 of
the Stafford Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, John Long, of FEMA is appointed to
act as the Federal Coordinating Officer for this major disaster.
    The following areas of the State of Arkansas have been designated
as adversely affected by this major disaster:

    Benton, Carroll, Crawford, Faulkner, Jackson, Jefferson, Lee,
Little River, Perry, Sebastian, and Sevier Counties for Individual
Assistance.
    Benton, Boone, Bradley, Calhoun, Carroll, Clay, Crawford,
Dallas, Drew, Franklin, Greene, Independence, Izard, Lawrence,
Little River, Logan, Madison, Marion, Mississippi, Montgomery,
Ouachita, Perry, Pike, Polk, Randolph, Scott, Searcy, Stone,
Washington, White, Woodruff, and Yell Counties for Public
Assistance.
    All areas within the State of Arkansas are eligible for
assistance under the Hazard Mitigation Grant Program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,

Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-03451 Filed 2-18-16; 8:45 am]
BILLING CODE 9111-23-P