[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Pages 39929-39930]
[FR Doc No: 2017-17687]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81411; File No. SR-NYSEArca-2017-84]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change To Extend the Implementation Date for Certain
Changes to the NYSE Arca Rule 5 and Rule 8 Series

August 16, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on August 3, 2017, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the self-regulatory organization. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend the date on which certain changes
to the NYSE Arca Rule 5 and Rule 8 series are implemented. The proposed
change is available on the Exchange's Web site at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    On January 6, 2017, the Exchange filed a proposed rule change, as
subsequently amended by Amendments No. 1 and 2 thereto (as amended, the
``Proposed Rule Change''), to adopt certain changes to the NYSE Arca
Rules 5 and 8 series to add additional continued listing standards for
exchange-traded funds (``ETFs'') as well as clarify the procedures that
the Exchange will undertake when an ETF is noncompliant with applicable
rules. Given the scope of the amendments specified in the Proposed Rule
Change, the Exchange proposed that such amendments not be implemented
until October 1, 2017. On March 9, 2017, the Commission granted
accelerated approval of the Proposed Rule Change, including the October
1, 2017 implementation date.\4\ The Exchange now proposes to extend the
implementation date of the amendments specified in the Proposed Rule
Change to July 1, 2018.
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    \4\ See Securities Exchange Act Release No. 80189 (March 9,
2017), 82 FR 13889 (March 15, 2017) (SR-NYSEArca-2017-01).
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    Since the Proposed Rule Change was approved, the Exchange has
engaged in extensive conversations with issuers of listed ETFs,
industry advocacy groups and index providers to discuss the new rule
requirements and offer guidance on rule interpretation and application.
As a result of these conversations, ETF issuers have expressed concern
about their ability to have in place systems and procedures to ensure
compliance by the current October 1, 2017 implementation date. In
particular, listed ETF issuers, and industry advocacy groups on their
behalf, have explained that issuers will require time to design and
test new compliance systems as well as engage in discussions with
third-party providers to source and track new data elements required
for rule compliance.\5\
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    \5\ See, for example, Letter, dated July 11, 2017, from Dorothy
Donohue, Acting General Counsel, Investment Company Institute to
Brent J. Fields, Secretary, Securities and Exchange Commission,
available at https://www.sec.gov/comments/sr-nasdaq-2016-135/nasdaq2016135-1846208-5175.pdf. [sic]
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    The Exchange believes it is appropriate to extend the
implementation date of the Proposed Rule Change to July 1, 2018 to
provide listed ETF issuers with the time needed to develop and test
their compliance procedures. In support of its proposal, the Exchange
notes that the Proposed Rule Change imposes significant new compliance
requirements on issuers that they have not been subject to previously.
To meet these new compliance requirements, issuers must develop
internal systems as well as coordinate with third-party service
providers, such as index providers, to

develop procedures by which they can obtain essential data. Listed
issuers have informed the Exchange that they are unable to complete
this extensive project by the pending October 1, 2017 implementation
date. The Exchange believes that it is critical for listed ETFs issuers
to have the appropriate procedures and systems in place to monitor and
evidence ETF compliance with the new continued listing rules before
such rules are implemented. Therefore, the Exchange proposes to extend
the implementation date for the Proposed Rule Change until July 1,
2018.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Sections [sic] 6(b)(5) \7\ of the Act, in particular, in
that it is designed to promote just and equitable principles of trade,
to foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect to,
and facilitating transactions in securities, to remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest. The Exchange believes that the proposed amendment is
consistent with the protection of investors because it will enable
listed issuers to have the systems and procedures needed to monitor and
evidence compliance with the Proposed Rule Change prior to such rule
being implemented. Providing listed issuers with additional time to
ensure that they have adequate compliance systems in place furthers the
protection of investors and the public interest because it will enhance
investor confidence that listed issuers are complying with Exchange
rules.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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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 not necessary or appropriate in
furtherance of the purposes of the Act, as amended. The Exchange notes
that the proposed rule change will facilitate listed issuer ability to
monitor and evidence compliance with approved continued listing rules
by providing issuers with additional time to develop and test their
internal systems and procedures prior to the implementation date.

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

    The Exchange received a copy of a letter from the Investment
Company Institute, on behalf of listed ETF issuers, to the Securities
and Exchange Commission.\8\ As described in Item 3 [sic], above, the
Investment Company Institute detailed challenges that listed ETF
issuers are facing in developing compliance systems to address the
amendments contained in the Proposed Rule Change and have requested
that the implementation date for such amendments be extended to July 1,
2018.
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    \8\ See Footnote 5, supra.
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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 self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the 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-NYSEArca-2017-84 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-NYSEArca-2017-84. 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-NYSEArca-2017-84 and should
be submitted on or before September 12, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2017-17687 Filed 8-21-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Rules and Regulations]
[Pages 50335-50340]
[FR Doc No: 2013-20075]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 168

[Docket No. USCG-2012-0975]
RIN 1625-AB96

Double Hull Tanker Escorts on the Waters of Prince William Sound,
Alaska

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard is amending the escort requirements for
certain tankers operating on the waters of Prince William Sound, Alaska
(PWS). This interim rule is necessary to implement section 711 of the
Coast Guard Authorization Act of 2010 (Act), which mandates two tug
escorts for double hull tankers over 5,000 gross tons transporting oil
in bulk in PWS. The Act directed the Coast Guard to promulgate interim
regulations as soon and practicable to ensure that tug escort
requirements apply to certain double hull tankers.

DATES: This interim rule is effective September 18, 2013. Comments and
related material must either be submitted to our online docket via
http:

//www.regulations.gov on or before November 18, 2013 or reach the
Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0975 using any one of the following methods:
    (1) Federal eRulemaking Portal:
    http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
email or call Mr. Kevin Tone, Office of Operating and Environmental
Standards, Coast Guard; email<EMAIL_ADDRESS>telephone 202-372-
1441. If you have questions on viewing or submitting material to the
docket, call Ms. Barbara Hairston, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Regulatory History
IV. Basis and Purpose
V. Discussion of the Interim Rule
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0975), 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. We recommend that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
    To submit your comment online, go to http://www.regulations.gov and
insert ``USCG-2012-0975'' in the ``Search'' box. Click the ``Search''
button. Locate the title of this rule in the search results. Click on
the ``Comment Now!'' button to the right of the title. Complete the
required fields, include your comment, and click on the ``Submit''
button. 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 them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this rule
based on your comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov and
insert ``USCG-2012-0975'' in the ``Search'' box. Click ``Search.''
Click the ``Open Docket Folder'' in the ``Actions'' column. If you do
not have access to the internet, you may view the docket online by
visiting the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. We have an agreement
with the Department of Transportation to use the Docket Management
Facility.

C. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

D. Public Meeting

    We do not now plan to hold a public meeting. You may submit a
request for one to the docket using one of the methods specified under
ADDRESSES. In your request, explain why you believe a public meeting
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.

II. Abbreviations

APA Administrative Procedure Act (5 U.S.C. 553)
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
GT Gross tons
NAICS North American Industry Classification System
NEPA National Environmental Policy Act of 1969
NPRM Notice of proposed rulemaking
NTTAA National Technology Transfer and Advancement Act
OPA 90 Oil Pollution Act of 1990 (Pub. L. 101-380, 104 Stat. 484)
PWS Prince William Sound, Alaska
RFA Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612)
Sec.  Section symbol
SBA Small Business Administration
U.S.C. United States Code

III. Regulatory History

    The Coast Guard is issuing this interim rule without prior notice
and opportunity to comment pursuant to section 711 of the Coast Guard
Authorization Act of 2010 (Pub. L. 111-281, 124 Stat. 2905)(Act) that
mandates the requirements in this rule. The Act requires that interim
regulations be issued without notice and hearing pursuant to section
553 of title 5 of the United States Code. Because of this congressional
directive, publication of an NPRM is unnecessary.
    Although this interim rule will become effective 30 days after
publication in the Federal Register, we are issuing this rule with a
request for comments to solicit and consider information from those
entities that may be impacted by this rule. See Section I.A. of this
rule for information regarding the submission of comments.

IV. Basis and Purpose

    The basis of this rulemaking is section 711 of the Act. In section
711, Congress directed the Coast Guard to revise its regulations to
require all double hull tankers over 5,000 gross tons (GT) transporting
oil in bulk in Prince William Sound, Alaska (PWS) to be escorted by at
least two towing vessels or other vessels considered to be appropriate
by the Secretary. This requirement is intended to increase the
protection of the environment and the safety of vessels transiting PWS
by reducing the risk of groundings, allisions or collisions when escort
vessels are readily available to assist a tanker in distress.

Background

    Section 4116(c) of the Oil Pollution Act of 1990 (Pub. L. 101-380,
104 Stat. 484)(OPA 90) required the two vessel escort system for single
hull tank vessels over 5,000 GT transporting oil in bulk in PWS. These
regulations are found in 33 CFR part 168. OPA 90 also mandated the
phase-out of single hull tank vessels by January 1, 2015, and required
that newly built tank vessels be double hulled.
    With the phase-out of the single hull tank vessels, there would be
no requirement for any tank vessel to maintain an escort system.
Section 711 of the Act extends the escort system requirement to double
hull tank vessels over 5,000 GT transporting oil in bulk in PWS.
    A double hull provides a tank vessel with added protection from an
oil spill as a result of a hull breach due to a grounding, allision or
collision. While double hull tank vessels provide greater protection
from oil spills over single hull tank vessels, with section 711 of the
Act Congress further intended to increase the protection of the
environment and the safety of vessels transiting PWS.

V. Discussion of the Interim Rule

    The purpose of the existing regulations in 33 CFR part 168, Escort
Requirements for Certain Tankers, is to reduce the risk of oil spills
from laden, single hull tankers over 5,000 GT by requiring that these
tankers be escorted by at least two suitable escort vessels in
applicable waters. The applicable waters are defined in Sec.  168.40.
    The requirement of two escort vessels has contributed to a
reduction in spill incidents because the escort vessels are immediately
available to influence the tanker's speed and course in the event of a
steering or propulsion equipment failure, thereby reducing the
possibility of a grounding, allision or collision. This interim rule
amends part 168 so that it also applies to double hull tankers over
5,000 GT transporting oil in PWS. This rule codifies established
industry practice for escorting double hull tank vessels on transits in
and out of PWS.
    This interim rule revises three sections of 33 CFR part 168. We
revised Sec.  168.01 to make it clear that part 168 now addresses
escort vessels for double hull tankers as well as single hull tankers.
We added a definition of the term double hull tanker to Sec.  168.05.
Finally, this rule amends Sec.  168.20 to extend the applicability of
part 168 to include double hull tankers over 5,000 GT transporting oil
in bulk in PWS. All other sections of part 168, including the escort
vessel performance and operational requirements in Sec.  168.50, which
includes prescribed transit speeds and other maneuvering parameters
such as directional variances for escort vessels, remain unchanged.
With these changes, the Coast Guard is implementing the escort vessel
requirements of section 711 of the Act.
    We considered two alternatives (including the preferred
alternative) in the development of this rule. The key factors that we
evaluated in considering each alternative included: (1) The degree to
which the alternative comported with the congressional mandate in
section 711 of the Act; (2) what benefits, if any, would be derived,
such as enhancement of personal and environmental safety and security;
and (3) cost effectiveness. The alternatives considered are as follows:
    Alternative 1: Revise 33 CFR 168 to include double hull tankers
over 5,000 GT transporting oil in bulk in PWS, but do not revise the
existing performance-based escort requirements (preferred alternative).
At present, two tug escorts of both single and double hull tankers is
the industry practice being employed on the waters of PWS.
Implementation of this interim rule will codify current industry
practice.
    Alternative 2: Take no action. This option was not selected as it
would not implement section 711 of the Act, which specifically requires
the Coast Guard to issue regulations.
    We also considered adding a third escort vessel for double hull
tank vessels that transit PWS. However, this would impose additional
disproportionate costs on double hull tank vessel owners and operators
(as single hull tank vessels would remain subject to the two escort
requirement) without any incremental gain in benefits from the current
industry practice of a dual vessel escort system (i.e., no casualties
or other data indicating that two escort vessels were insufficient).
    Ultimately, we chose Alternative 1 as the preferred alternative to
make revisions to 33 CFR part 168. Alternative 1 satisfactorily
implements section 711 of the Act by adding two escort vessels for each
double hull tanker transporting oil in bulk in PWS while also retaining
the performance requirements in Sec.  168.50 that are readily
applicable to tanker escorts regardless of whether the tanker is single
or double hulled.

VI. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This interim rule has not been designated a
``significant regulatory action'' under section 3(f) of Executive Order
12866. Accordingly, the interim rule has not been reviewed by the
Office of Management and Budget. The Regulatory Assessment follows:
    This interim rule will require a two vessel escort system for
double hull tankers over 5,000 GT transporting oil in bulk in PWS, as
mandated by section 711(b) of the Act. Currently, single hull tankers
are required to have two escort vessels per 33 CFR part 168. This
interim rule will amend this part to extend this requirement to double
hull tankers in PWS.
    Table 1 below summarizes the impacts of the interim rule.

                                    Table 1--Summary of Interim Rule Impacts
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                  Category                                                  Summary
----------------------------------------------------------------------------------------------------------------
Population..................................  --15 double-hull tank vessels that transit PWS annually.
                                              --One company that owns the 12 escort vessels in PWS.
Costs.......................................  None--codification of existing practice.
Unquantified Benefits.......................  --Elimination of confusion within industry by harmonizing CFR with
                                               U.S.C.
                                              --Codification of current industry practice ensures benefits of
                                               dual vessel escort system in PWS remain, including reduction of
                                               the risk of an oil spill by influencing a vessel's speed and
                                               course in the event of equipment failure or loss of steering and/
                                               or propulsion.
----------------------------------------------------------------------------------------------------------------

Costs
    OPA 90 requires the two vessel escort system for single hull
vessels over 5,000 GT transporting oil in bulk in PWS. However, single
hull tankers are currently being phased out in favor of double hull
tankers. Based on vessel traffic data from the Coast Guard Marine
Safety Unit in Valdez, Alaska, no single hull vessels have called on
PWS since 2009.
    Based on communications with the Marine Safety Unit in Valdez, AK,
as well as the Vessel Traffic Service and Captain of the Port for that
region, we determined that it has been an industry practice since 2008
that double hull tankers be escorted by a two vessel escort system when
in transit through PWS. Currently, 15 double hull tank vessels transit
PWS and over the last 5 years, double hull tank vessels made an average
of 250 port calls annually on PWS. One company operates the 12 tugs
that participate in the two tug escort system in PWS.
    Since this interim rule will codify an industry practice that has
been in place for over 5 years, we do not anticipate that this interim
rule will impose additional costs on the public or industry, or alter
industry behavior in any way. Finally, we do not anticipate that this
interim rule will impose new costs on the Coast Guard or require the
Coast Guard to expend additional resources.
Analysis of Alternatives
    We chose Alternative 1, which codifies current industry practice
and implements section 711 of the Act as described above and in Section
VI.B. below. We chose to reject Alternative 2, the ``no action''
alternative, because it would not implement section 711 of the Act.
Benefits
    This interim rule codifies the current industry practice of a dual
vessel escort system in PWS. The primary benefit of the interim rule is
eliminating confusion within industry by harmonizing the CFR with
U.S.C. The practice of a dual vessel escort system also results in
safety and environmental benefits, although these benefits exist under
current practice. However, codification of the industry practice
ensures the continuing benefits of the dual vessel escort system, which
is to reduce the risk of an oil spill by ensuring the safe transit of
tank vessels over 5,000 GT transporting oil in bulk in PWS. For PWS, we
believe a two vessel escort system is beneficial in the event of
equipment failure such as the loss of steering or propulsion.
Additionally, if a tanker becomes disabled, the two escort vessels can
influence the speed and course of the tanker, thereby reducing the
likelihood of an allision, collision, or grounding. We reviewed
allision, collision, and grounding casualty data for tank vessels in
PWS over a 15-year period from 1998 through 2012 and found no casualty
cases that involved a double hull tank vessel. All of these vessels
were escorted by a two vessel escort.

B. Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. However, when an
agency is not required to publish an NPRM for a rule, the RFA does not
require an agency to prepare a regulatory flexibility analysis. The
Coast Guard was not required to publish an NPRM for this rule for the
reasons stated in section III. ``Regulatory History'' and therefore is
not required to publish a regulatory flexibility analysis.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule will have a
significant economic impact on it, please submit a comment to the
Docket Management Facility at the address under ADDRESSES. In your
comment, explain why you think it qualifies and how and to what degree
this rule would economically affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please consult Mr. Kevin Tone, CG-OES, Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>The Coast
Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).

D. Collection of Information

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

E. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132. Our analysis is explained below.
    As noted earlier in the preamble, this rule implements section 711
of Public Law 118-281 for PWS. With respect to federalism, section
711(c) of Public Law 118-281 provides that nothing in the

Act or any other provision of Federal law related to the regulation of
maritime transportation of oil should be construed or interpreted as
preempting the authority of the State, or a political subdivision
thereof, from requiring escort vessels to accompany tankers
transporting oil in bulk in PWS. Because this statute preserves the
authority of the State of Alaska to promulgate additional requirements
beyond that required by this rule in PWS, and because this rule merely
implements the Congressional mandate, this rule does not have an effect
on the relationship between the national government and the State of
Alaska, and therefore is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Although this rule does not have an effect on the relationship
between the national government and the State of Alaska, the Coast
Guard recognizes the key role that State and local governments may have
in making regulatory determinations. Additionally, for rules with
implications and preemptive effect, Executive Order 13132 specifically
directs agencies to consult with State and local governments during the
rulemaking process.
    Therefore, the Coast Guard invites State and local governments and
their representative national organizations to indicate their desire
for participation and consultation in this rulemaking process by
submitting comments to this interim rule. In accordance with Executive
Order 13132, the Coast Guard will provide a federalism impact statement
to document: (1) The extent of the Coast Guard's consultation with
State and local officials who submit comments to this rule; (2) a
summary of the nature of any concerns raised by State or local
governments and the Coast Guard's position thereon; and (3) a statement
of the extent to which the concerns of State and local officials have
been met. We will also report to the Office of Management and Budget
any written communications with the States.

F. Unfunded Mandates Reform Act

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

G. Taking of Private Property

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

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

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

K. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy.

L. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under section 6(b) of
the ``Appendix to National Environmental Policy Act: Coast Guard
Procedures for Categorical Exclusions, Notice of Final Agency Policy,''
(67 FR 48244, July 23, 2002). This rule involves Congressionally-
mandated regulations designed to protect the environment, specifically,
regulations implementing the requirements of the Act. An environmental
analysis checklist and a categorical exclusion determination are
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 168

    Cargo vessels, Navigation (water), Oil pollution, Water pollution
control.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 168 as follows:

PART 168--ESCORT REQUIREMENTS FOR CERTAIN TANKERS

0
1. The authority citation for part 168 is revised to read as follows:

    Authority: Section 4116(c), Pub. L. 101-380, 104 Stat. 520 (46
U.S.C. 3703 note); section 711 Pub. L. 111-281, 124 Stat 2905;
Department of Homeland Security Delegation No. 170.1, para. 2(82).

Sec.  168.01  [Amended]

0
2. Amend Sec.  168.01(a) as follows:
0
a. After the words ``(Pub. L. 101-380)'', add the words ``, as amended
by section 711 of the Coast Guard Authorization Act of 2010 (Pub. L.
111-281)'';
0
b. After the words ``single hull'', add the words ``and double hull'';
and
0
c. After the words ``suitable escort vessels'', add the words ``in
applicable waters, as defined in Sec.  168.40''.

0
3. In Sec.  168.05, add, in alphabetical order, the definition of the
term ``Double hull tanker'' to read as follows:

Sec.  168.05  Definitions.

* * * * *
    Double hull tanker means any self-propelled tank vessel that is
constructed with both double bottom and double sides in accordance with
the provisions of 33 CFR 157.10d.
* * * * *

0
4. Revise Sec.  168.20 to read as follows:

Sec.  168.20  Applicable vessels.

    The requirements of this part apply to the following laden tankers
of 5,000 gross tons or more:
    (a) All single hull tankers on the waters listed in Sec.  168.40(a)
and (b); and
    (b) All double hull tankers on the waters listed in Sec.
168.40(a).

    Dated: August 9, 2013.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2013-20075 Filed 8-16-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 6 (Monday, January 10, 2022)]
[Notices]
[Pages 1250-1254]
[FR Doc No: 2022-00148]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5748; FMCSA-2000-7165; FMCSA-2001-10578; FMCSA-
2003-15892; FMCSA-2005-20560; FMCSA-2005-21711; FMCSA-2005-22194;
FMCSA-2005-22727; FMCSA-2006-26653; FMCSA-2007-27897; FMCSA-2008-0021;
FMCSA-2009-0154; FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-2010-0354;
FMCSA-2010-0372; FMCSA-2010-0385; FMCSA-2011-0010; FMCSA-2011-0024;
FMCSA-2011-0092; FMCSA-2011-0275; FMCSA-2011-0299; FMCSA-2011-0325;
FMCSA-2011-0380; FMCSA-2013-0025; FMCSA-2013-0029; FMCSA-2013-0165;
FMCSA-2013-0166; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170;
FMCSA-2013-0174; FMCSA-2014-0300; FMCSA-2014-0302; FMCSA-2014-0304;
FMCSA-2015-0048; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0071;
FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0345; FMCSA-2015-0347;
FMCSA-2016-0208; FMCSA-2016-0212; FMCSA-2016-0377; FMCSA-2017-0017;
FMCSA-2017-0018; FMCSA-2017-0022; FMCSA-2017-0023; FMCSA-2017-0026;
FMCSA-2018-0014; FMCSA-2019-0005; FMCSA-2019-0009; FMCSA-2019-0011;
FMCSA-2019-0013; FMCSA-2019-0014; FMCSA-2019-0015; FMCSA-2020-0018]

Qualification of Drivers; Exemption Applications; Vision

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

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

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

SUMMARY: FMCSA announces its decision to renew exemptions for 91
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 February
9, 2022.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-1999-5748, Docket No. FMCSA-
2000-7165, Docket No. FMCSA-2001-10578, Docket No. FMCSA-2003-15892,
Docket No. FMCSA-2005-20560, Docket No. FMCSA-2005-21711, Docket No.
FMCSA-2005-22194, Docket No. FMCSA-2005-22727, Docket No. FMCSA-2006-
26653, Docket No. FMCSA-2007-27897, Docket No. FMCSA-2008-0021, Docket
No. FMCSA-2009-0154, Docket No. FMCSA-2009-0206, Docket No. FMCSA-2009-
0303, Docket No. FMCSA-2010-0354, Docket No. FMCSA-2010-0372, Docket
No. FMCSA-2010-0385, Docket No. FMCSA-2011-0010, Docket No. FMCSA-2011-
0024, Docket No. FMCSA-2011-0092, Docket No. FMCSA-2011-0275, Docket
No. FMCSA-2011-0299, Docket No. FMCSA-2011-0325, Docket No. FMCSA-2011-
0380, Docket No. FMCSA-2013-0025, Docket No. FMCSA-2013-0029, Docket
No. FMCSA-2013-0165, Docket No. FMCSA-2013-0166, Docket No. FMCSA-2013-
0168, Docket No. FMCSA-2013-0169, Docket No. FMCSA-2013-0170, Docket
No. FMCSA-2013-0174, Docket No. FMCSA-2014-0300, Docket No. FMCSA-2014-
0302, Docket No. FMCSA-2014-0304, Docket No. FMCSA-2015-0048, Docket
No. FMCSA-2015-0055, Docket No. FMCSA-2015-0056, Docket No. FMCSA-2015-
0071, Docket No. FMCSA-2015-0072, Docket No. FMCSA-2015-0344, Docket
No. FMCSA-2015-0345, Docket No. FMCSA-2015-0347, Docket No. FMCSA-2016-
0208, Docket No. FMCSA-2016-0212, Docket No. FMCSA-2016-0377, Docket
No. FMCSA-2017-0017, Docket No. FMCSA-2017-0018, Docket No. FMCSA-2017-
0022, Docket No. FMCSA-2017-0023, Docket No. FMCSA-2017-0026, Docket
No. FMCSA-2018-0014, Docket No. FMCSA-2019-0005, Docket No. FMCSA-2019-
0009, Docket No. FMCSA-2019-0011, Docket No. FMCSA-2019-0013, Docket
No. FMCSA-2019-0014, Docket No. FMCSA-2019-0015, or Docket No. FMCSA-
2020-0018 using any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-1999-5748, FMCSA-2000-7165, FMCSA-2001-
10578, FMCSA-2003-15892, FMCSA-2005-20560, FMCSA-2005-21711, FMCSA-
2005-22194, FMCSA-2005-22727, FMCSA-2006-26653, FMCSA-2007-27897,
FMCSA-2008-0021, FMCSA-2009-0154, FMCSA-2009-0206, FMCSA-2009-0303,
FMCSA-2010-0354, FMCSA-2010-0372, FMCSA-2010-0385, FMCSA-2011-0010,
FMCSA-2011-0024, FMCSA-2011-0092, FMCSA-2011-0275, FMCSA-2011-0299,
FMCSA-2011-0325, FMCSA-2011-0380, FMCSA-2013-0025, FMCSA-2013-0029,
FMCSA-2013-0165, FMCSA-2013-0166, FMCSA-2013-0168, FMCSA-2013-0169,
FMCSA-2013-0170, FMCSA-2013-0174, FMCSA-2014-0300, FMCSA-2014-0302,
FMCSA-2014-0304, FMCSA-2015-0048, FMCSA-2015-0055, FMCSA-2015-0056,
FMCSA-2015-0071, FMCSA-2015-0072, FMCSA-2015-0344, FMCSA-2015-0345,
FMCSA-2015-0347, FMCSA-2016-0208, FMCSA-2016-0212, FMCSA-2016-0377,
FMCSA-2017-0017, FMCSA-2017-0018, FMCSA-2017-0022, FMCSA-2017-0023,
FMCSA-2017-0026, FMCSA-2018-0014, FMCSA-2019-0005, FMCSA-2019-0009,
FMCSA-2019-0011, FMCSA-2019-0013, FMCSA-2019-0014, FMCSA-2019-0015, or
FMCSA-2020-0018 in the keyword box, and click ``Search.'' Next, sort
the results by ``Posted (Newer-Older),'' choose the first notice
listed, and click on the ``Comment'' button. Follow the online
instructions for submitting comments.
     Mail: Dockets 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 protected], FMCSA,
DOT, 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 Dockets
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-1999-5748; FMCSA-2000-7165; FMCSA-2001-10578;
FMCSA-2003-15892; FMCSA-

2005-20560; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2005-22727;
FMCSA-2006-26653; FMCSA-2007-27897; FMCSA-2008-0021; FMCSA-2009-0154;
FMCSA-2009-0206; FMCSA-2009-0303; FMCSA-2010-0354; FMCSA-2010-0372;
FMCSA-2010-0385; FMCSA-2011-0010; FMCSA-2011-0024; FMCSA-2011-0092;
FMCSA-2011-0275; FMCSA-2011-0299; FMCSA-2011-0325; FMCSA-2011-0380;
FMCSA-2013-0025; FMCSA-2013-0029; FMCSA-2013-0165; FMCSA-2013-0166;
FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2013-0174;
FMCSA-2014-0300; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2015-0048;
FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0071; FMCSA-2015-0072;
FMCSA-2015-0344; FMCSA-2015-0345; FMCSA-2015-0347; FMCSA-2016-0208;
FMCSA-2016-0212; FMCSA-2016-0377; FMCSA-2017-0017; FMCSA-2017-0018;
FMCSA-2017-0022; FMCSA-2017-0023; FMCSA-2017-0026; FMCSA-2018-0014;
FMCSA-2019-0005; FMCSA-2019-0009; FMCSA-2019-0011; FMCSA-2019-0013;
FMCSA-2019-0014; FMCSA-2019-0015; FMCSA-2020-0018), 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 www.regulations.gov/, insert
the docket number, FMCSA-1999-5748, FMCSA-2000-7165, FMCSA-2001-10578,
FMCSA-2003-15892, FMCSA-2005-20560, FMCSA-2005-21711, FMCSA-2005-22194,
FMCSA-2005-22727, FMCSA-2006-26653, FMCSA-2007-27897, FMCSA-2008-0021,
FMCSA-2009-0154, FMCSA-2009-0206, FMCSA-2009-0303, FMCSA-2010-0354,
FMCSA-2010-0372, FMCSA-2010-0385, FMCSA-2011-0010, FMCSA-2011-0024,
FMCSA-2011-0092, FMCSA-2011-0275, FMCSA-2011-0299, FMCSA-2011-0325,
FMCSA-2011-0380, FMCSA-2013-0025, FMCSA-2013-0029, FMCSA-2013-0165,
FMCSA-2013-0166, FMCSA-2013-0168, FMCSA-2013-0169, FMCSA-2013-0170,
FMCSA-2013-0174, FMCSA-2014-0300, FMCSA-2014-0302, FMCSA-2014-0304,
FMCSA-2015-0048, FMCSA-2015-0055, FMCSA-2015-0056, FMCSA-2015-0071,
FMCSA-2015-0072, FMCSA-2015-0344, FMCSA-2015-0345, FMCSA-2015-0347,
FMCSA-2016-0208, FMCSA-2016-0212, FMCSA-2016-0377, FMCSA-2017-0017,
FMCSA-2017-0018, FMCSA-2017-0022, FMCSA-2017-0023, FMCSA-2017-0026,
FMCSA-2018-0014, FMCSA-2019-0005, FMCSA-2019-0009, FMCSA-2019-0011,
FMCSA-2019-0013, FMCSA-2019-0014, FMCSA-2019-0015, or FMCSA-2020-0018
in the keyword box, and click ``Search.'' Next, sort the results by
``Posted (Newer-Older),'' choose the first notice listed, click the
``Comment'' 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 Comments

    To view comments go to www.regulations.gov, insert the docket
number, FMCSA-1999-5748, FMCSA-2000-7165, FMCSA-2001-10578, FMCSA-2003-
15892, FMCSA-2005-20560, FMCSA-2005-21711, FMCSA-2005-22194, FMCSA-
2005-22727, FMCSA-2006-26653, FMCSA-2007-27897, FMCSA-2008-0021, FMCSA-
2009-0154, FMCSA-2009-0206, FMCSA-2009-0303, FMCSA-2010-0354, FMCSA-
2010-0372, FMCSA-2010-0385, FMCSA-2011-0010, FMCSA-2011-0024, FMCSA-
2011-0092, FMCSA-2011-0275, FMCSA-2011-0299, FMCSA-2011-0325, FMCSA-
2011-0380, FMCSA-2013-0025, FMCSA-2013-0029, FMCSA-2013-0165, FMCSA-
2013-0166, FMCSA-2013-0168, FMCSA-2013-0169, FMCSA-2013-0170, FMCSA-
2013-0174, FMCSA-2014-0300, FMCSA-2014-0302, FMCSA-2014-0304, FMCSA-
2015-0048, FMCSA-2015-0055, FMCSA-2015-0056, FMCSA-2015-0071, FMCSA-
2015-0072, FMCSA-2015-0344, FMCSA-2015-0345, FMCSA-2015-0347, FMCSA-
2016-0208, FMCSA-2016-0212, FMCSA-2016-0377, FMCSA-2017-0017, FMCSA-
2017-0018, FMCSA-2017-0022, FMCSA-2017-0023, FMCSA-2017-0026, FMCSA-
2018-0014, FMCSA-2019-0005, FMCSA-2019-0009, FMCSA-2019-0011, FMCSA-
2019-0013, FMCSA-2019-0014, FMCSA-2019-0015, or FMCSA-2020-0018 in the
keyword box, and click ``Search.'' Next, sort the results by ``Posted
(Newer-Older),'' choose the first notice listed, and click ``Browse
Comments.'' If you do not have access to the internet, you may view the
docket online by visiting Dockets Operations in Room W12-140 on the
ground floor of the DOT West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, 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<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Dockets Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory 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 91 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 91
applicants has satisfied the renewal conditions for obtaining an
exemption from the vision standard (see 64 FR 40404; 64 FR 66962; 65 FR
33406; 65 FR 57234; 66 FR 53826; 66 FR 63289; 66 FR 66966; 68 FR 13360;
68 FR 52811; 68 FR 61860; 68 FR 64944; 68 FR 69434; 70 FR 12265; 70 FR
17504; 70 FR 30997; 70 FR 48797; 70 FR 53412; 70 FR 57353; 70 FR 61165;
70 FR 61493; 70 FR 67776; 70 FR 71884; 70 FR 72689; 70 FR 74102; 71 FR
4632; 72 FR 8417; 72 FR 27624; 72 FR 36099; 72 FR 39879; 72 FR 40362;
72 FR 52419; 72 FR 62897; 72 FR 64273; 73 FR 5259; 73 FR 15567; 73 FR
27015; 74 FR 19270; 74 FR 34394; 74 FR 37295; 74 FR 41971; 74 FR 43217;
74 FR 48343; 74 FR 49069; 74 FR 53581; 74 FR 57551; 74 FR 60021; 74 FR
60022; 74 FR 62632; 75 FR 1451; 75 FR 4623; 75 FR 19674; 75 FR 72863;
75 FR 77492; 76 FR 2190; 76 FR 5425; 76 FR 7894; 76 FR 9856; 76 FR
17481; 76 FR 20076; 76 FR 20078; 76 FR 25762; 76 FR 25766; 76 FR 28125;
76 FR 37885; 76 FR 53708; 76 FR 54530; 76 FR 62143; 76 FR 64164; 76 FR
64171; 76 FR 66123; 76 FR 70210; 76 FR 70215; 76 FR 73769; 76 FR 75940;
76 FR 75942; 77 FR 539; 77 FR 545; 77 FR 3547; 77 FR 3554; 77 FR 10608;
77 FR 17109; 77 FR 23797; 77 FR 27845; 77 FR 74273; 78 FR 800; 78 FR
12813; 78 FR 16762; 78 FR 20376; 78 FR 24300; 78 FR 34141; 78 FR 34143;
78 FR 37270; 78 FR 47818; 78 FR 52602; 78 FR 62935; 78 FR 63302; 78 FR
63307; 78 FR 64274; 78 FR 64280; 78 FR 66099; 78 FR 67452; 78 FR 67454;
78 FR 67460; 78 FR 68137; 78 FR 76395; 78 FR 77778; 78 FR 77780; 78 FR
77782; 78 FR 78475; 78 FR 78477; 79 FR 1908; 79 FR 2247; 79 FR 2248; 79
FR 3919; 79 FR 4803; 79 FR 6993; 79 FR 14333; 79 FR 23797; 79 FR 53708;
79 FR 73687; 80 FR 2473; 80 FR 3723; 80 FR 12248; 80 FR 14223; 80 FR
15863; 80 FR 18693; 80 FR 18696; 80 FR 26139; 80 FR 29149; 80 FR 29152;
80 FR 31635; 80 FR 31640; 80 FR 33011; 80 FR 37718; 80 FR 44188; 80 FR
48402; 80 FR 48409; 80 FR 49302; 80 FR 59225; 80 FR 59230; 80 FR 62161;
80 FR 63869; 80 FR 67472; 80 FR 67481; 80 FR 70060; 80 FR 76345; 80 FR
79414; 80 FR 80443; 81 FR 1284; 81 FR 1474; 81 FR 11642; 81 FR 15401;
81 FR 16265; 81 FR 20435; 81 FR 44680; 81 FR 48493; 81 FR 60117; 81 FR
70253; 81 FR 81230; 81 FR 86063; 81 FR 96165; 81 FR 96180; 81 FR 96191;
82 FR 12683; 82 FR 13045; 82 FR 13048; 82 FR 15277; 82 FR 18949; 82 FR
18956; 82 FR 20962; 82 FR 22379; 82 FR 24430; 82 FR 32919; 82 FR 33542;
82 FR 35050; 82 FR 37499; 82 FR 37504; 82 FR 43647; 82 FR 47309; 82 FR
47312; 83 FR 2289; 83 FR 2306; 83 FR 2311; 83 FR 3861; 83 FR 4537; 83
FR 6922; 83 FR 6925; 83 FR 18648; 83 FR 28325; 83 FR 33292; 83 FR
53724; 83 FR 54644; 84 FR 2326; 84 FR 10389; 84 FR 12665; 84 FR 16320;
84 FR 21393; 84 FR 21397; 84 FR 21401; 84 FR 23629; 84 FR 33801; 84 FR
46088; 84 FR 47045; 84 FR 47047; 84 FR 47050; 84 FR 47057; 84 FR 52160;
84 FR 52166; 84 FR 58437; 84 FR 58448; 84 FR 58450; 84 FR 58453; 84 FR
66442; 84 FR 66444; 84 FR 68288; 84 FR 69814; 85 FR 4764; 85 FR 4769;
85 FR 8334). 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 February
and are discussed below. As of February 9, 2022, and in accordance with
49 U.S.C. 31136(e) and 31315(b), the following 85 individuals have
satisfied the renewal conditions for obtaining an exemption from the
vision requirement in the FMCSRs for interstate CMV drivers (64 FR
40404; 64 FR 66962; 65 FR 33406; 65 FR 57234; 66 FR 53826; 66 FR 63289;
66 FR 66966; 68 FR 13360; 68 FR 52811; 68 FR 61860; 68 FR 64944; 68 FR
69434; 70 FR 12265; 70 FR 17504; 70 FR 30997; 70 FR 48797; 70 FR 53412;
70 FR 57353; 70 FR 61165; 70 FR 61493; 70 FR 67776; 70 FR 71884; 70 FR
72689; 70 FR 74102; 71 FR 4632; 72 FR 8417; 72 FR 27624; 72 FR 36099;
72 FR 39879; 72 FR 40362; 72 FR 52419; 72 FR 62897; 72 FR 64273; 73 FR
5259; 73 FR 15567; 73 FR 27015; 74 FR 19270; 74 FR 34394; 74 FR 37295;
74 FR 41971; 74 FR 43217; 74 FR 48343; 74 FR 49069; 74 FR 53581; 74 FR
57551; 74 FR 60021; 74 FR 60022; 74 FR 62632; 75 FR 1451; 75 FR 4623;
75 FR 19674; 75 FR 72863; 75 FR 77492; 76 FR 2190; 76 FR 5425; 76 FR
7894; 76 FR 9856; 76 FR 17481; 76 FR 20076; 76 FR 20078; 76 FR 25762;
76 FR 25766; 76 FR 28125; 76 FR 37885; 76 FR 53708; 76 FR 54530; 76 FR
62143; 76 FR 64164; 76 FR 64171; 76 FR 66123; 76 FR 70210; 76 FR 70215;
76 FR 73769; 76 FR 75940; 76 FR 75942; 77 FR 545; 77 FR 3547; 77 FR
3554; 77 FR 17109; 77 FR 23797; 77 FR 27845; 77 FR 74273; 78 FR 800; 78
FR 12813; 78 FR 16762; 78 FR 20376; 78 FR 24300; 78 FR 34141; 78 FR
34143; 78 FR 37270; 78 FR 47818; 78 FR 52602; 78 FR 62935; 78 FR 63302;
78 FR 63307; 78 FR 64274; 78 FR 64280; 78 FR 66099; 78 FR 67452; 78 FR
67454; 78 FR 67460; 78 FR 68137; 78 FR 76395; 78 FR 77778; 78 FR 77780;
78 FR 77782; 78 FR 78475; 78 FR 78477; 79 FR 2247; 79 FR 2248; 79 FR
3919; 79 FR 4803; 79 FR 23797; 79 FR 53708; 79 FR 73687; 80 FR 2473; 80
FR 3723; 80 FR 12248; 80 FR 14223; 80 FR 15863; 80 FR 18693; 80 FR
18696; 80 FR 26139; 80 FR 29149; 80 FR 29152; 80 FR 31635; 80 FR 31640;
80 FR 33011; 80 FR 37718; 80 FR 44188; 80 FR 48402; 80 FR 48409; 80 FR
49302; 80 FR 59225; 80 FR 59230; 80 FR 62161; 80 FR 63869; 80 FR 67472;
80 FR 67481; 80 FR 70060; 80 FR 76345; 80 FR 79414; 80 FR 80443; 81 FR
1284; 81 FR 11642; 81 FR 15401; 81 FR 16265; 81 FR 20435; 81 FR 44680;
81 FR 60117; 81 FR 70253; 81 FR 81230; 81 FR 86063; 81 FR 96165; 81 FR
96180; 81 FR 96191; 82 FR 12683; 82 FR 13045; 82 FR 13048; 82 FR 15277;
82 FR 18949; 82 FR 18956; 82 FR 20962; 82 FR 22379; 82 FR 24430; 82 FR
32919; 82 FR 33542; 82 FR 35050; 82 FR 37499; 82 FR 37504; 82 FR 43647;
82 FR 47309; 82 FR 47312; 83 FR 2289; 83 FR 2306; 83 FR 3861; 83 FR
4537; 83 FR 6922; 83 FR 6925; 83 FR 28325; 83 FR 33292; 83 FR 53724; 83
FR 54644; 84 FR 2326; 84 FR 10389; 84 FR 12665; 84 FR 16320; 84 FR
21393; 84 FR 21397; 84 FR 21401; 84 FR 23629; 84 FR 33801; 84 FR 46088;
84 FR 47045; 84 FR 47047; 84 FR 47050; 84 FR 47057; 84 FR 52160; 84 FR
52166; 84 FR 58437; 84 FR 58448; 84 FR 58450; 84 FR 58453; 84 FR 66442;
84 FR 66444; 84 FR 68288; 84 FR 69814; 85 FR 4764; 85 FR 4769; 85 FR
8334):

Dakota A. Albrecht (MN)
Cesar Avila (PA)
Ernest J. Bachman (PA)
Alex T. Balk (AZ)
Wayne Barker (OK)
Herbert R. Benner (ME)
Gary L. Best (MI)
Therron K. Billings (VA)
Kenneth L. Bowers, Jr. (MN)
Charles W. Bradley (SC)
Jerry D. Bridges (TX)
Brian E. Burrows (TX)
Michael D. Champion (VT)
Charles C. Chapman (NC)
Shawn T. Cobbs (MD)
William J. Corder (NC)
Aubrey R. Cordrey, Jr. (DE)
George R. Cornell (OH)
Roderick Croft (FL)
James W. Day (VA)
Sean J. Dornin (PA)
Cecil A. Evey (ID)
Elhadji M. Faye (CA)
Dan J. Feik (IL)
Mark A. Ferris (IA)
James E. Fix (SC)
Richard L. Gandee (OH)
Willie George (NY)
Jayme L. Gilbert (NY)
Mark T. Gileau (CT)
Jeffrey J. Graham (MI)
Christopher L. Granby (MI)
Britt A. Green (ND)
James A. Green (IL)
Donald A. Hall (NC)
Johnnie L. Hall (MD)
Keith N. Hall (UT)
Vashion E. Hammond (FL)
Louis M. Hankins (IL)
Robert D. Hattabaugh (AR)
Carl E. Hess (PA)
Frank E. Johnson, Jr. (FL)
David J. Kibble (PA)
John E. Kimmet, Jr. (WA)
Mark L. LeBlanc (MN)
David F. LeClerc (MN)
Ronnie R. Lockamy (NC)
John T. Mabry (FL)
Timothy R. McCullough (FL)
Cameron S. McMillen (NM)
Mark Meacham (NC)
David L. Menken (NY)
Molu H. Mohamed (OH)
Kenneth H. Morris (NC)
James Muldoon (NY)
James R. Murphy (NY)
Robert M. Murphy (NJ)
Al V. Nowviock (IL)
Robert M. Pickett II (MI)
Thomas Pizzurro (NY)
Christopher W. Proeschel (OH)
Andres Regalado (CA)
Kevin C. Rich (NC)
Thenon D. Ridley (TX)
Chris A. Ritenour (MI)
Steven L. Roberts (AR)
Berry A. Rodrigue (LA)
Angelo D. Rogers (AL)
Leo D. Roy (NH)
Ronald L. Roy (IL)
Ricky J. Sanderson (UT)
Bobby Sawyers (PA)
Jerry L. Schroder (IL)
Brandon L. Siebe (KY)
David A. Simpson (OH)
Roye T. Skelton (MS)
John B. Stiltner (KY)
Greg W. Story (NC)
Kolby W. Strickland (WA)
Scott C. Teich (MN)
Kendle F. Waggle, Jr. (IN)
Andrew L. Walker (MN)
James J. Walsh (NH)
Dennis E. White (PA)
Willie R. White (NV)

    The drivers were included in docket numbers FMCSA-1999-5748; FMCSA-
2000-7165; FMCSA-2001-10578; FMCSA-2003-15892; FMCSA-2005-20560; FMCSA-
2005-21711; FMCSA-2005-22194; FMCSA-2005-22727; FMCSA-2006-26653;
FMCSA-2007-27897; FMCSA-2008-0021; FMCSA-2009-0154; FMCSA-2009-0206;
FMCSA-2009-0303; FMCSA-2010-0354; FMCSA-2010-0372; FMCSA-2010-0385;
FMCSA-2011-0010; FMCSA-2011-0024; FMCSA-2011-0092; FMCSA-2011-0275;
FMCSA-2011-0299; FMCSA-2011-0380; FMCSA-2013-0025; FMCSA-2013-0029;
FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0168; FMCSA-2013-0169;
FMCSA-2013-0170; FMCSA-2014-0300; FMCSA-2014-0302; FMCSA-2014-0304;
FMCSA-2015-0048; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0071;
FMCSA-2015-0072; FMCSA-2015-0344; FMCSA-2015-0345; FMCSA-2016-0208;
FMCSA-2016-0212; FMCSA-2016-0377; FMCSA-2017-0017; FMCSA-2017-0018;
FMCSA-2017-0022; FMCSA-2017-0023; FMCSA-2018-0014; FMCSA-2019-0005;
FMCSA-2019-0009; FMCSA-2019-0011; FMCSA-2019-0013; FMCSA-2019-0014;
FMCSA-2019-0015; FMCSA-2020-0018. Their exemptions are applicable as of
February 9, 2022 and will expire on February 9, 2024.
    As of February 12, 2022, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), 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 1474; 81 FR 48493; 83 FR
6925; 85 FR 4769):

Aaron D. Tillman (DE)

    The driver was included in docket number FMCSA-2015-0347. The
exemption is applicable as of February 12, 2022 and will expire on
February 12, 2024.
    As of February 16, 2022, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following three individuals have satisfied the
renewal conditions for obtaining an exemption from the vision
requirement in the FMCSRs for interstate CMV drivers (83 FR 2311; 83 FR
18648; 85 FR 4769):

Ryan J. Plank (PA)
Aaron R. Rupe (IL)
Juan D. Zertuche (TX)

    The drivers were included in docket number FMCSA-2017-0026. Their
exemptions are applicable as of February 16, 2022 and will expire on
February 16, 2024.
    As of February 22, 2022, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following individual has satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (77 FR 539; 77 FR 10608; 79 FR
6993; 81 FR 15401; 83 FR 6925; 85 FR 4769):

Brian K. Cline (NC)

    The driver was included in docket number FMCSA-2011-0325. The
exemption is applicable as of February 22, 2022 and will expire on
February 22, 2024.
    As of February 27, 2022, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), 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 1908; 79 FR 14333; 81 FR
15401; 83 FR 6925; 85 FR 4769):

Danielle Wilkins (CA)

    The driver was included in docket number FMCSA-2013-0174. The
exemption is applicable as of February 27, 2022 and will expire on
February 27, 2024.

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.

VI. Conclusion

    Based upon its evaluation of the 91 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. 2022-00148 Filed 1-7-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 81, Number 36 (Wednesday, February 24, 2016)]
[Notices]
[Page 9177]
[FR Doc No: 2016-03827]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14747-000]

Energy Resources USA Inc.; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On December 22, 2015, the Energy Resources USA Inc. filed an
application for a preliminary permit under section 4(f) of the Federal
Power Act proposing to study the feasibility of the proposed William H.
Harsha Lake Dam Hydroelectric Project No. 14747-000, to be located at
the existing William H. Harsha Lake Dam on the East Fork of Little
Miami River, near the City of Batavia, in Clermont County, Ohio. The
William H. Harsha Lake Dam is owned by the United States government and
operated by the U.S. Army Corps of Engineers.
    The proposed project would consist of: (1) A new 16-foot by 7.5-
foot by 9-foot concrete conduit fitted with a 7-foot by 8-foot
discharge gate; (2) a new 210-foot-long, 6-foot-diameter steel penstock
fitted with a butterfly valve; (3) a new 65-foot by 45-foot reinforced
concrete powerhouse containing two 1.4-megawatt (MW) horizontal Francis
turbine-generators having a total combined generating capacity of 2.8
MW; (4) a new 90-foot-long by 60-foot-wide tailrace; (5) a new 45-foot-
long by 30-foot-wide substation; (6) a new 1-mile-long, 69-kilovolt
transmission line; and (7) appurtenant facilities. The project would
have an estimated annual generation of 8.24 gigawatt-hours.
    Applicant Contact: Mr. Ander Gonzalez, 350 Lincoln Road, 2nd Floor,
Miami, FL 33139; telephone<PHONE_NUMBER>.
    FERC Contact: Tyrone A. Williams,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 Days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. The Commission strongly encourages electronic filing.
Please file comments, motions to intervene, notices of intent, and
competing applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-14747-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14747) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: February 18, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-03827 Filed 2-23-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 193 (Friday, October 6, 2023)]
[Proposed Rules]
[Pages 69556-69558]
[FR Doc No: 2023-22259]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1893; Project Identifier AD-2023-00389-A]
RIN 2120-AA64

Airworthiness Directives; FS 2001 Corp, FS 2002 Corporation, FS
2003 Corporation, Piper, and Piper Aircraft, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain FS 2001 Corp, FS 2002 Corporation, FS 2003 Corporation,
Piper, and Piper Aircraft, Inc. (Piper) airplanes. This proposed AD was
prompted by reports of broken rudders. This proposed AD would require
replacing any rudder equipped with a rudder post made from a certain
carbon steel with a rudder equipped with a rudder post made from a
certain low-alloy steel. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by November
20, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov by
searching for and locating Docket No. FAA-2023-1893; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Joseph Zuklic, Aviation Safety
Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone:
(206) 231-3858; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-1893; Project Identifier
AD-2023-00389-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Joseph Zuklic, Aviation Safety Engineer, FAA, 2200 South 216th Street,
Des Moines, WA 98198. Any commentary that the FAA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.

Background

    The FAA received reports of two non-fatal accidents involving
airplanes designed and built by Piper that were caused by broken rudder
posts that structurally failed above the upper hinge in flight. Both
accidents occurred in Anchorage, Alaska. The first accident occurred on
June 8, 2020, and involved an FS 2003 Model PA-12 airplane and the
second accident occurred on July 23, 2021, and involved an FS 2002
Model PA-14 airplane. Both airplanes sustained substantial damage when
the rudder structurally failed.
    The National Transportation Safety Board (NTSB) published the
report Structural Failure of Piper Part Number 40622 Rudder Posts Made
of 1025 Carbon Steel, NTSB/AIR-22/02, dated January 10, 2022, which
provides information regarding the NTSB's investigations of these two
accidents. The NTSB accident investigation report included a
recommendation (Safety Recommendation No. A-22-3) to the FAA to issue
an airworthiness directive addressing this unsafe condition. The NTSB
report can be found on ntsb.gov.
    The NTSB examined the rudders involved in these accidents and
determined that the rudder posts fractured above the upper hinge and
the top portion of the rudder folded over the upper tail brace wires.
The NTSB also determined that the rudder posts were made from 1025
carbon steel and fractured due to fatigue.
    Prior to this proposed rulemaking action the FAA issued an
Airworthiness Concern Sheet, dated September 4, 2020, that requested
information from the aviation community regarding in-flight failure of
the rudder just above the upper hinge on all Piper and FS2003 Corp
(type certificate previously held by Piper) Model J-5A, J-5B, J-5C, J-
5D, AE-1, HE-1, PA-12, PA-12S, PA-14, PA-16, PA-18, L-21, PA-20, and
PA-22 airplanes. The responses revealed that there were five additional
broken rudder incidents dating as far back as 1979.

    Prior to 1974, all rudders installed on Piper model airplanes were
equipped with rudder posts manufactured from 1025 carbon steel and
starting in 1974, the rudder posts were manufactured from 4130N low-
alloy steel (Chromoly). Most parts manufacturer approval rudders are
equipped with rudder posts made from 4130N low-alloy steel.
    The NTSB determined that the broken rudder incidents resulted from
the combination of fatigue loading and corrosion affecting the rudder
assemblies made from 1025 carbon steel. This condition, if not
addressed, could result in a broken rudder and consequent reduced
ability of the flightcrew to maintain the safe flight and landing of
the airplane.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require replacing any rudder equipped with a
rudder post made from 1025 carbon steel with a rudder equipped with a
rudder post made from 4130N low-alloy steel.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 30,992 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
              Action                    Labor cost           Parts cost     Cost per  product      operators
----------------------------------------------------------------------------------------------------------------
Replace rudder...................  8 work-hours x $85               $2,320             $3,000        $92,976,000
                                    per hour = $680.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 airworthiness
directive:

FS 2001 Corp, FS 2002 Corporation, FS 2003 Corporation, Piper, and
Piper Aircraft, Inc.: Docket No. FAA-2023-1893; Project Identifier
AD-2023-00389-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by November 20, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all airplane models specified in Table 1 to
paragraph (c) of this AD, certificated in any category, that are not
equipped with a rudder having a rudder post made from 4130N low-
alloy steel.
    Note 1 to paragraph (c): Most parts manufacturer approval (PMA)
rudders are equipped with a rudder post made from 4130N low-alloy
steel. This can be verified by reviewing the individual PMA.
    Note 2 to paragraph (c): Piper Service Bulletin 1379, dated
December 2, 2022, contains information related to this AD.

          Table 1 to Paragraph (c)--Applicable Airplane Models
------------------------------------------------------------------------
      Type certificate holder                  Airplane model
------------------------------------------------------------------------
FS 2001 Corp......................  J5A (Army L-4F), J5A-80, J5B (Army L-
                                     4G), J5C, AE-1, HE-1.
FS 2002 Corporation...............  PA-14.
FS 2003 Corporation...............  PA-12, PA-12S.
Piper Aircraft, Inc...............  J3C-40, J3C-50, J3C-50S, J3C-65, J3C-
                                     65S, PA-11, PA-11S.
Piper Aircraft, Inc...............  J3F-50, J3F-50S, J3F-60, J3F-60S,
                                     (Army L-4D) J3F-65, J3F-65S.
Piper Aircraft, Inc...............  J3L, J3L-S, J3L-65 (ARMY L-4C), J3L-
                                     65S.
Piper Aircraft, Inc...............  J4, J4A, J4A-S.
Piper Aircraft, Inc...............  J4E (ARMY L-4E).
Piper.............................  J4F.

Piper Aircraft, Inc...............  PA-15.
Piper Aircraft, Inc...............  PA-16, PA-16S.
Piper Aircraft, Inc...............  PA-17.
Piper Aircraft, Inc...............  PA-18, PA-18S, PA-18 ``105''
                                     (Special), PA-18S ``105''
                                     (Special), PA-18A, PA-18 ``125''
                                     (Army L-21A), PA-18S ``125'', PA-
                                     18AS ``125'', PA-18 ``135'' (Army L-
                                     21B), PA-18A ``135'', PA-18S
                                     ``135'', PA-18AS ``135'', PA-18
                                     ``150'', PA-18A ``150'', PA-18S
                                     ``150'', PA-18AS ``150'', PA-19
                                     (Army L-18C), PA-19S.
Piper Aircraft, Inc...............  PA-18A (Restricted), PA-18A ``135''
                                     (Restricted), PA-18A ``150''
                                     (Restricted).
Piper Aircraft, Inc...............  PA-20, PA-20S, PA-20 ``115'', PA-20S
                                     ``115'', PA-20 ``135'', PA-20S
                                     ``135''.
Piper Aircraft, Inc...............  PA-22, PA-22-108, PA-22-135, PA-22S-
                                     135, PA-22-150, PA-22S-150, PA-22-
                                     160, PA-22S-160.
------------------------------------------------------------------------

(d) Subject

    Joint Aircraft System Component (JASC) Code 5540, Rudder
Structure.

(e) Unsafe Condition

    This AD was prompted by reports of broken rudders. The FAA is
issuing this AD to address fatigue loading and corrosion of rudder
posts made from 1025 carbon steel which, if not addressed, could
result in a broken rudder and consequent reduced ability of the
flightcrew to maintain the safe flight and landing of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Required Actions

    (1) At the applicable compliance time for the category type for
your airplane specified in Table 2 to paragraph (g) of this AD,
replace the rudder with a rudder that is equipped with a rudder post
made from 4130N low-alloy steel.

               Table 2 to Paragraph (g)--Compliance Times
------------------------------------------------------------------------
           Airplane model              Category type     Compliance time
------------------------------------------------------------------------
J-3, J3C-40, J3C-50, J3C-50S, J3C-   Category I         Within 2 years
 65, J3C-65S, J3F-50, J3F-50S, J3F-   Airplanes:         after the
 60, J3F-60S, J3F-65 (Army L-4D),     Airplanes having   effective date
 J3F-65S, J3L, J3L-S, J3L-65 (ARMY    both a rudder      of this AD.
 L-4C), J3L-65S.                      post mounted
J-4, J4, J4A, J4A-S, J4E (ARMY L-     beacon light and
 4E), J4F.                            a 150 or greater
                                      horsepower (HP)
                                      engine installed.
PA-11, PA-11S.                       Category II        Within 3 years
PA-15.                                Airplanes:         after the
PA-16, PA-16S.                        Airplanes having   effective date
                                      either a rudder    of this AD.
                                      post mounted
                                      beacon light or
                                      a 150 or greater
                                      HP engine
                                      installed.
PA-17.                               Category III       Within 5 years
PA-18, PA-18S, PA-18 ``105''          Airplanes: All     after the
 (Special), PA-18S ``105''            other airplanes    effective date
 (Special), PA-18A, PA-18 ``125''     not in Category    of this AD.
 (Army L-21A), PA-18S ``125'', PA-    I or Category II
 18AS ``125'', PA-18 ``135'' (Army    that do not have
 L-21B), PA-18A ``135'', PA-18S       a rudder post
 ``135'', PA-18AS ``135'', PA-18      mounted beacon
 ``150'', PA-18A ``150'', PA-18S      light and have
 ``150'', PA-18AS ``150'', PA-18A     an engine less
 (Restricted), PA-18A ``135''         than 150 HP
 (Restricted), PA-18A ``150''         installed.
 (Restricted).
PA-19, PA-19 (Army L-18C), PA-19S.
PA-20, PA-20S, PA-20 ``115'', PA-
 20S ``115'', PA-20 ``135'', PA-20S
 ``135''.
PA-22, PA-22-108, PA-22-135, PA-22S-
 135, PA-22-150, PA-22S-150, PA-22-
 160, PA-22S-160.
J-5, J5A (Army L-4F), J5A-80, J5B
 (Army L-4G), J5C, AE-1, HE-1.
PA-12, PA-12S.
PA-14.
------------------------------------------------------------------------

    (2) As of the effective date of this AD, do not install any
rudder that is equipped with a rudder post made from 1025 carbon
steel on any airplane.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, West Certification Branch, 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 manager of the West Certification Branch, send it to
the attention of the person identified in paragraph (i)(1) of this
AD. Information may be emailed to: [email protected].
    (2) 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.

(i) Related Information

    (1) For more information about this AD, contact Joseph Zuklic,
Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines,
WA 98198; phone:<PHONE_NUMBER>; email: [email protected].
    (2) For service information identified in this AD that is not
incorporated by reference, contact Piper Aircraft, Inc., 2926 Piper
Drive, Vero Beach, FL 32960; phone:<PHONE_NUMBER>; website:
piper.com. You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.

(j) Material Incorporated by Reference

    None.

    Issued on September 27, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-22259 Filed 10-5-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Notices]
[Page 7837]
[FR Doc No: 2011-3162]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-3723-002]

Magill, David W.; Notice of Filing

    Take notice that on February 4, 2011, David W. Magill submitted for
filing, an application for authority to hold interlocking positions,
pursuant to section 305(b) of the Federal Power Act and Part 45 of
Title 18 of the Code of Federal Regulations, 18 CFR part 45 (2010).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on February 25, 2011.

    Dated: February 7, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-3162 Filed 2-10-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Notices]
[Page 18051]
[FR Doc No: 2018-08693]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2015-0785; FRL-9976-28]

2018 Safer Choice Partner of the Year Awards Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA is seeking applications for the 2018 Safer Choice Partner
of the Year Awards. In 2015, EPA developed the Partner of the Year
Awards to recognize Safer Choice stakeholders who have advanced the
goals of the Pollution Prevention Act by reducing pollution at its
source through safer chemistry. At the 2018 Partner of the Year Awards,
Safer Choice will recognize stakeholder organizations from five broad
categories: Formulators/Product Manufacturers of both Consumer and
Institutional/Industrial products, Purchasers and Distributors,
Retailers, Supporters (e.g., non-governmental organizations), and
Innovators (e.g., chemical manufacturers). All applications and
accompanying materials must be received by Wednesday, June 27, 2018.
Award winners will be recognized at a ceremony in the fall of 2018.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact:
    Linda Rutsch, Chemistry, Economics and Sustainable Strategies
Division, Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are a Safer
Choice program partner or stakeholder. The following list of North
American Industrial Classification System (NAICS) codes is not intended
to be exhaustive, but rather provides a guide to help readers determine
whether this document applies to them. Potentially affected entities
may include:
NAICS Code Affected Industry
325510 Paint and Coating Manufacturing.
325611 Soap and Other Detergent Manufacturing.
325612 Polish and Other Sanitation Good Manufacturing.
325910 Printing Ink Manufacturing.
325992 Photographic Film, Paper, Plate, and Chemical Manufacturing.
325998 All Other Miscellaneous Chemical Product and Preparation
Manufacturing.
561210 Facilities Support Services.
561720 Janitorial Services.
561740 Carpet and Upholstery Cleaning Services.
611310 Colleges, Universities, and Professional Schools.
8123 Dry Cleaning and Laundry Services.
921190 Other General Government Support.

B. How can I get related information?

    The full Safer Choice Partner of the Year Awards announcement and
award application materials can be found at: https://www.epa.gov/saferchoice/safer-choice-partner-year-awards.

C. How can I get copies of this document and other related information?

    The docket for this action, identified by docket information (ID)
number EPA-HQ-OPPT-2015-0785, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics
Docket (OPPT Docket), Environmental Protection Agency Docket Center
(EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

II. What action is the Agency taking?

    EPA is seeking applications for the 2018 Safer Choice Partner of
the Year Awards. In 2015, EPA developed the Partner of the Year Awards
to recognize Safer Choice stakeholders who have advanced the goals of
the Pollution Prevention Act by reducing pollution at its source
through safer chemistry. The Safer Choice Partner of the Year Awards
recognize program participants for advancing the goal of chemical
safety through exemplary participation in or promotion of the Safer
Choice program. Safer Choice program participants are continually
driving innovation to make chemical products safer. The program
currently certifies approximately 2,000 products, used by consumers,
institutions and industry that meet the Safer Choice Standard. The 2018
Partner of the Year Awards will be the fourth annual event, with
recognition for Safer Choice stakeholder organizations from five broad
categories: (1) Formulators/Product Manufacturers of both Consumer and
Institutional/Industrial products, (2) Purchasers and Distributors, (3)
Retailers, (4) Supporters (e.g., non-governmental organizations,
including environmental and health advocates, trade associations,
academia, sports teams, and others), and (5) Innovators (e.g., chemical
manufacturers, technology developers, and others).
    The award application and instructions are available at https://www.epa.gov/saferchoice/safer-choice-partner-year-awards. Interested
applicants may also view a webinar on the award application process by
visiting the website. All applications and accompanying materials must
be received by Wednesday, June 27, 2018. Award winners will be
recognized at a ceremony in the fall of 2018.

    Authority:  15 U.S.C. 2601.

    Dated: April 17, 2018,
Charlotte Bertrand,
Acting Principal Deputy Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
[FR Doc. 2018-08693 Filed 4-24-18; 8:45 am]
 BILLING CODE 6560-50-P