[Federal Register: December 15, 2009 (Volume 74, Number 239)]
[Notices]
[Page 66352-66353]
[DOCID:fr15de09-54]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2009-0533; FRL-9092-7]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for the Secondary Lead
Smelter Industry, EPA ICR Number 1686.07, OMB Control Number 2060-0296

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before January 14,
2010.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2009-0533, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by e-mail to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2)
OMB at: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Robert C. Marshall, Jr., Office of
Compliance, Mail code: 2223A, Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202)
564-7021; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On July 30, 2009 (74 FR 38004), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2009-0533, which is available for public viewing
online at http://www.regulations.gov, in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The
EPA Docket Center 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 Reading Room is<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov, as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.
    Title: NESHAP for the Secondary Lead Smelter Industry.
    ICR Numbers: EPA ICR Number 1686.07, OMB Control Number 2060-0296.
    ICR Status: This ICR is scheduled to expire on January 31, 2010.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: This standard applies to owners and operators of
secondary lead smelter industry. The provisions of this subpart (40 CFR
part 63, subpart X) apply to secondary lead smelters that use blast,
reverberatory, rotary, or electric smelting furnaces to recover lead
metal from scrap lead, primarily from used lead-acid automotive-type
batteries. Consistent with the NESHAP General Provisions (40 CFR part
63, subpart A), owners and operators must comply with recordkeeping,
monitoring and reporting requirements including control device
parameter monitoring, conduct performance tests and submittal of
initial and periodic reports such as semiannual compliance reports and
an operation, maintenance and monitoring plan.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 229
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Secondary lead smelters.
    Estimated Number of Respondents: 23.
    Frequency of Response: Initially, occasionally, and semiannually.
    Estimated Total Annual Hour Burden: 16,034.
    Estimated Total Annual Cost: $1,125,913, which includes $975,913 in
labor costs, no annualized capital/startup costs, and operation and
maintenance (O&M) costs of $150,000.
    Changes in the Estimates: There is no change in the labor hours or
cost to the respondents in this ICR compared to the previous ICR. This
is due to two considerations. First, the regulations have not changed
over the past three years and are not anticipated to change over the
next three years. Second, the growth rate for respondents is very low,
negative, or non-existent. Therefore, the labor hours and cost figures
in the previous ICR reflect the current burden to the respondents and
are reiterated in this ICR.

    Dated: December 7, 2009.
John Moses,
Director, Collection Strategies Division.
[FR Doc. E9-29806 Filed 12-14-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 90 (Friday, May 9, 2014)]
[Notices]
[Pages 26785-26787]
[FR Doc No: 2014-10652]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72095; File No. SR-Phlx-2014-29]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Mini Options Pricing

May 5, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 30, 2014, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I and II, below, which
Items have been

prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 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 amend its Pricing Schedule to replace the
reference to ``GOOG7'' to ``GOLG7'' with respect to pricing for Mini
Options.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings,
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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend Section A of the Pricing Schedule,
regarding Mini Options pricing, to replace the reference to ``GOOG7''
to ``GOLG7.'' Today, the Exchange has pricing for the following Mini
Options symbols: AAPL7, AMZN7, GLD7, GOOG7, SPY7. The Exchange is
proposing to make this change because, on April 3, 2014, Google issued
a new class of shares (class C) to its shareholders in lieu of a cash
dividend payment. Additionally, these new class C shares were given the
ticker, ``GOOG''; while the class A shares changed their ticker from
``GOOG'' to ``GOOGL''. The Exchange is proposing to change the Google
ticker referenced in Section A of the Pricing Schedule from ``GOOG7''
to ``GOLG7.'' The suffix ``7'' identifies the Mini Options product.
    Mini Options trade on a list of underlying securities outlined in
Supplementary Material .13 to Rule 1012. This change is meant to
continue the inclusion of class A shares of Google in the current list
of underlying securities that will receive the pricing for Mini Options
specified in Section A of the Pricing Schedule. As a result, the
proposed change will also help avoid confusion.
    In addition, the Exchange proposes to amend a typographical error
in Section A to remove repetitive rule text which was inadvertently
included in the Pricing Schedule.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\3\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \4\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \5\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
    \5\ Id.
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    The Exchange's pricing will not substantively change as a result of
this rule change; rather the pricing for Mini Options applicable to
GOLG7 will continue to remain in effect with the correction to the
Pricing Schedule. The Exchange proposes to accurately reflect the
symbol for GOLG7 to avoid investor confusion with respect to pricing.
The Exchange believes that correcting the Pricing Schedule will ensure
that members are aware of the symbol change. In addition, the Exchange
is correcting a typographical error in the Pricing Schedule to ensure
the accuracy of the Pricing Schedule.

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

    Phlx does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The proposed change does not
impose any burden on intramarket competition because it applies to all
members and member organizations. There is no burden on intermarket
competition as the proposed change is merely attempting to update the
new ticker for Google class A for Mini Options. As a result, there will
be no substantive changes to the Exchange's Pricing Schedule.

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

    No written comments were either solicited or received.

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

    Because the proposed rule change does not (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \6\ and Rule 19b-
4(f)(6)(iii) thereunder.\7\
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest
because accurately reflecting the underlying symbol change in the
pricing schedule will avoid investor confusion with respect to pricing.
For this reason, the Commission waives the operative delay and
designates the proposed rule change to be operative upon filing.\8\
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    \8\ For purposes only of waiving the 30-day operative delay, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such

action is: (i) Necessary or appropriate in the public interest; (ii)
for the protection of investors; or (iii) otherwise in furtherance of
the purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2014-29 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-Phlx-2014-29. 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 such filing also will be available
for inspection and copying at the principal offices 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-Phlx-2014-29,
and should be submitted on or before May 30, 2014.

    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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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-10652 Filed 5-8-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 40 (Tuesday, March 1, 2016)]
[Notices]
[Page 10615]
[FR Doc No: 2016-04386]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG16-56-000.
    Applicants: Red Horse III, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Red Horse III, LLC.
    Filed Date: 2/23/16.
    Accession Number: 20160223-5123.
    Comments Due: 5 p.m. ET 3/15/16.

    Docket Numbers: EG16-57-000.
    Applicants: 62SK 8ME LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of 62SK 8ME LLC.
    Filed Date: 2/23/16.
    Accession Number: 20160223-5126.
    Comments Due: 5 p.m. ET 3/15/16.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER16-984-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: PG&E UOG SGIA and LGIA
Revisions to be effective 4/25/2016.
    Filed Date: 2/22/16.
    Accession Number: 20160222-5184.
    Comments Due: 5 p.m. ET 3/14/16.

    Docket Numbers: ER16-985-000.
    Applicants: Arizona Public Service Company.
    Description: Sec.  205(d) Rate Filing: Limited Section 205 Filing--
IRS Normalization ADIT to be effective 4/23/2016.
    Filed Date: 2/22/16.
    Accession Number: 20160222-5210.
    Comments Due: 5 p.m. ET 3/14/16

    Docket Numbers: ER16-986-000.
    Applicants: The Narragansett Electric Company.
    Description: Sec.  205(d) Rate Filing: Cost Reimbursement Agreement
between Narragansett & CV South Street Landing LLC to be effective 2/
19/2016.
    Filed Date: 2/22/16.
    Accession Number: 20160222-5224.
    Comments Due: 5 p.m. ET 3/14/16.

    Docket Numbers: ER16-987-000.
    Applicants: Wisconsin Power and Light Company.
    Description: Sec.  205(d) Rate Filing: Amended WPL-MGE LBAOCA
Agreement to be effective 2/22/2016.
    Filed Date: 2/22/16.
    Accession Number: 20160222-5225.
    Comments Due: 5 p.m. ET 3/14/16.

    Docket Numbers: ER16-988-000.
    Applicants: Duke Energy Florida, LLC.
    Description: Sec.  205(d) Rate Filing: City of Chattahoochee NITSA
OATT SA No. 154 to be effective 3/1/2016.
    Filed Date: 2/23/16.
    Accession Number: 20160223-5033.
    Comments Due: 5 p.m. ET 3/15/16.

    Docket Numbers: ER16-989-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: Market-Based Rates Tariff
2015 Update to be effective 4/24/2016.
    Filed Date: 2/23/16.
    Accession Number: 20160223-5043.
    Comments Due: 5 p.m. ET 3/15/16.

    Docket Numbers: ER16-990-000.
    Applicants: Avista Corporation.
    Description: Sec.  205(d) Rate Filing: Avista Corp NITSA Low
Voltage Facilities Chgs to be effective 4/1/2016.
    Filed Date: 2/23/16.
    Accession Number: 20160223-5074.
    Comments Due: 5 p.m. ET 3/15/16.

    Take notice that the Commission received the following electric
reliability filings:

    Docket Numbers: RR15-2-003.
    Applicants: North American Electric Reliability Corporation.
    Description: Annual Compliance Monitoring and Enforcement Program
Filing of North American Electric Reliability Corporation.
    Filed Date: 2/18/16.
    Accession Number: 20160218-5218.
    Comments Due: 5 p.m. ET 3/10/16.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 23, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-04386 Filed 2-29-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Notices]
[Pages 47050-47052]
[FR Doc No: 2019-19281]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0014]

Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces receipt of applications from ten individuals
for an exemption from the vision requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to operate a commercial motor
vehicle (CMV) in interstate commerce. If granted, the exemptions will
enable these individuals to operate CMVs in interstate commerce without
meeting the vision requirement in one eye.

DATES: Comments must be received on or before October 7, 2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2019-0014 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D=FMCSA-2019-0014. Follow the online
instructions for submitting comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services,<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-2019-0014), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov/docket?D=FMCSA-2019-0014. Click on the ``Comment Now!'' button and type
your comment into the text box on the following screen. Choose whether
you are submitting your comment as an individual or on behalf of a
third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2019-0014 and choose the document to review. 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 DOT West Building, 1200 New Jersey Avenue SE, Washington,
DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except
Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-

14 FDMS), which can be reviewed at www.dot.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 ten individuals listed in this notice have requested an
exemption from the vision requirement in 49 CFR 391.41(b)(10).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding vision
found in Sec.  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 at 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 standard
red, green, and amber.
    On July 16, 1992, the Agency first published the criteria for the
Vision Waiver Program, which listed the conditions and reporting
standards that CMV drivers approved for participation would need to
meet (57 FR 31458). The current Vision Exemption Program was
established in 1998, following the enactment of amendments to the
statutes governing exemptions made by Sec.  4007 of the Transportation
Equity Act for the 21st Century (TEA-21), Public Law 105-178, 112 Stat.
107, 401 (June 9, 1998). Vision exemptions are considered under the
procedures established in 49 CFR part 381 subpart C, on a case-by-case
basis upon application by CMV drivers who do not meet the vision
standards of Sec.  391.41(b)(10).
    To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely in intrastate commerce with the vision
deficiency for the past three years. Recent driving performance is
especially important in evaluating future safety, according to several
research studies designed to correlate past and future driving
performance. Results of these studies support the principle that the
best predictor of future performance by a driver is his/her past record
of crashes and traffic violations. Copies of the studies may be found
at https://www.regulations.gov/docket?D=FMCSA-1998-3637.
    FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrated the driving
performance of experienced monocular drivers in the program is better
than that of all CMV drivers collectively.\1\ The fact that experienced
monocular drivers demonstrated safe driving records in the waiver
program supports a conclusion that other monocular drivers, meeting the
same qualifying conditions as those required by the waiver program, are
also likely to have adapted to their vision deficiency and will
continue to operate safely.
---------------------------------------------------------------------------

    \1\ A thorough discussion of this issue may be found in a FHWA
final rule published in the Federal Register on March 26, 1996 and
available on the internet at https://www.govinfo.gov/content/pkg/FR-1996-03-26/pdf/96-7226.pdf.
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    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used three consecutive
years of data, comparing the experiences of drivers in the first two
years with their experiences in the final year.

III. Qualifications of Applicants

Alex T. Balk

    Mr. Balk, 34, has had optic atrophy in his left eye since birth.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
2000. Following an examination in 2019, his optometrist stated, ``It is
my medical opinion that Mr. Balk has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Balk
reported that he has driven straight trucks for 12 years, accumulating
50,400 miles. He holds an operator's license from Arizona. His driving
record for the last three years shows no crashes and no convictions for
moving violations in a CMV.

Brian K. Egbert

    Mr. Egbert, 48, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2019, his optometrist stated, ``In my
medical opinion, I believe that Mr. Egbert does have adequate and
sufficient vision to perform and operate a commercial vehicle.'' Mr.
Egbert reported that he has driven straight trucks for 18 years,
accumulating 126,000 miles. He holds an operator's license from
Missouri. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.

Joseph M. Morgan

    Mr. Morgan, 61, has an enucleated left eye due to a traumatic
incident in 2014. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2019,
his ophthalmologist stated, ``It is my opinion he has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Morgan reported that he has driven tractor-trailer
combinations for 45 years, accumulating 4.3 million miles. He holds a
Class A CDL from Florida. His driving record for the last three years
shows no crashes and no convictions for moving violations in a CMV.

Chris J. Orphan, Jr.

    Mr. Orphan, 48, has a prosthetic left eye due to a traumatic
incident in 1990. The visual acuity in his right eye is 20/20, and in
his left eye is no light perception. Following an examination in 2019,
his optometrist stated, ``It is my opinion that Mr. Orphan has
sufficient vision to perform the driving tasks required in the
operation of a commercial vehicle.'' Mr. Orphan reported that he has
driven straight

trucks for four years, accumulating 50,000 miles. He holds an
operator's license from South Carolina. His driving record for the last
three years shows no crashes and no convictions for moving violations
in a CMV.

Wayne E. Page

    Mr. Page, 57, has had amblyopia in the left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
150. Following an examination in 2019, his optometrist stated, ``In my
medical opinion, as long as he wears his glasses, he has sufficient
vision to perform the driving tasks required to operate a CMV.'' Mr.
Page reported that he has driven tractor-trailer combinations for 20
years, accumulating 1.6 million miles. He holds a Class A CDL from
North Carolina. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.

Joaquin A. Sandoval

    Mr. Sandoval, 55, has complete loss of vision in the right eye due
to a traumatic incident in 1994. The visual acuity in his right eye is
no light perception and in his left eye, 20/15. Following an
examination in 2019, his optometrist stated, ``I see him suitable to
operate a CDL visually and mentally.'' Mr. Sandoval reported that he
has driven tractor-trailer combinations for five years, accumulating
45,000 miles. He holds a Class A CDL from Oregon. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.

Donald J. Thoel

    Mr. Thoel, 58, has aphakia in his left eye due to a traumatic
incident in 1983. The visual acuity in his right eye is 20/20, and in
his left eye, counting fingers. Following an examination in 2019, his
ophthalmologist stated, ``In my opinion Mr. Thoel has sufficient vision
to perform the driving tasks required to operate a commercial
vehicle.'' Mr. Thoel reported that he has driven straight trucks for 25
years, accumulating 875,000 miles. He holds a Class CA Enhanced CDL
from Michigan. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.

Harold W. Via

    Mr. Via, 56, has had a retinal detachment in his right eye since
1976. The visual acuity in his right eye is 20/80, and in his left eye,
20/20. Following an examination in 2019, his ophthalmologist stated,
``If abiding by applicable regulations, medical opinion suggests that
he has sufficient vision to perform the driving tasks required to
operate a commercial vehicle since he already does this with an
intrastate license.'' Mr. Via reported that he has driven straight
trucks for 30 years, accumulating 900,000 miles. He holds a Class B CDL
from Virginia. His driving record for the last three years shows no
crashes and no convictions for moving violations in a CMV.

Milton D. Voepel

    Mr. Voepel, 66, has had a retinal scar in his left eye since 2006.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2019, his optometrist stated, ``In my
medical opinion Milton has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Voepel reported
that he has driven straight trucks for four years, accumulating 68,000
miles, and tractor-trailer combinations for 14 years, accumulating 1.82
million miles. He holds a Class A CDL from Missouri. His driving record
for the last three years shows no crashes and no convictions for moving
violations in a CMV.

Andrew L. Walker

    Mr. Walker, 37, has chorioretinal scarring in his right eye due to
retinal detachment in 2004. The visual acuity in his right eye is
counting fingers, and in his left eye, 20/20. Following an examination
in 2019, his optometrist stated, ``It is my opinion based on
examination findings that Mr. Andrew Walker is safe to operate a
commercial vehicle as in my judgement his vision is sufficient to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Walker reported that he has driven straight trucks for 16 years,
accumulating 1.44 million miles, and tractor-trailer combinations for
15 years, accumulating 1.8 million miles. He holds a Class A CDL from
Minnesota. His driving record for the last three years shows no crashes
and no convictions for moving violations in a CMV.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments and material
received before the close of business on the closing date indicated
under the DATES section of the notice.

    Issued on: August 29, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-19281 Filed 9-5-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Notices]
[Pages 54270-54271]
[FR Doc No: 2011-22258]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65202; File No. SR-CME-2011-05]

Self-Regulatory Organizations; Chicago Mercantile Exchange, Inc.;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change To Amend Certain Rules To Facilitate Clearing of Additional
Interest Rate Swap Products

August 25, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 24, 2011, the Chicago Mercantile Exchange Inc. (``CME'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change described in Items I and II below, which items
have been prepared primarily by CME.\3\ The Commission is publishing
this Notice and Order to solicit comments on the proposed rule change
from interested persons and to approve the proposed rule change on an
accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In its submission, CME incorrectly labeled the file number
as CMECH-2011-04.
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I. Self-Regulatory Organization's Statement of Terms of Substance of
the Proposed Rule Change

    The text of the proposed rule change is below. Italicized text
indicates additions; bracketed text indicates deletions.
* * * * *
    Rule 100--90002.E--No Change.
    CME Rule 90002.F. Contract Elections.
    With respect to an IRS Contract, each of the following elections
made by an IRS Participant for such IRS Contract: the: Effective Date,
Notional Amount and currency, Termination Date and any Business Day
Convention adjustment, Fixed Rate Payer Payment Dates, Fixed Rate,
Floating Rate Payer Payment Dates, Floating Rate Option, Designated
Maturity, Spread, Floating Rate for Initial Floating Rate Payer
Calculation Period, initial payment amount (if any), initial amount
payer (if any) and whether the IRS Clearing Participant is acting as a
Floating Rate Payer or a Fixed Rate Payer and whether the Clearing
House is acting as a Floating Rate Payer or a Fixed Rate Payer.
    [CME Rule 90102.D. Calculation Period].
    [For any USD IRS Contract submitted to the Clearing House for
clearing, if the elections made by the relevant IRS Clearing Members
for such USD IRS Contract include ``Compounding'', then the Floating
Rate Calculation Period of such USD IRS Contract shall be 6 months and
shall entail a Compounding Period equal to 3 months.].
    [If such elections do not include ``Compounding'', then the
Floating Rate Calculation Period of such USD IRS Contract shall equal 3
months.].
    [The Fixed Rate Calculation Period of such USD IRS Contract shall
equal 6 months.].
    [CME Rule 90102.G. Designated Maturity].
    [With respect to an USD IRS Contract, Designated Maturity shall be
3 months.]

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

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

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

    CME currently offers clearing services for certain interest rate
swap products. These proposed rule changes are intended to expand CME's
existing US dollar interest rate swap product offerings by adding the
following additional contract elections: One month and six month
designated maturities; +/- Spreads; and matching on the Floating Amount
for the initial Floating Rate Payer Calculation Period.
    CME notes that it has also submitted the proposed rule changes that
are the subject of this filing to its primary regulator, the Commodity
Futures Trading Commission (``CFTC''). The text of the CME rule
proposed amendments is in Section I of this notice, with additions
underlined and deletions in brackets.
    CME believes the proposed rule changes are consistent with the
requirements of the Exchange Act including Section 17A of the Exchange
Act because they involve clearing of swaps and thus relate solely to
CME's swaps clearing activities pursuant to its registration as a
derivatives clearing organization under the Commodity Exchange Act
(``CEA'') and do not significantly affect any securities clearing
operations of the clearing agency or any related rights or obligations
of the clearing agency or persons using such service. CME further notes
that the policies of the CEA with respect to clearing are comparable to
a number of the policies underlying the Exchange Act, such as promoting
market transparency for over-the-counter derivatives markets, promoting
the prompt and accurate clearance of transactions and protecting
investors and the public interest. The proposed rule changes accomplish
those objectives by offering investors clearing for an expanded range
of interest rate swap products.

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

    CME does not believe that the proposed rule change will have any
impact, or impose any burden, on competition.

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

    CME has not solicited, and does not intend to solicit, comments
regarding this proposed rule change. CME has not received any
unsolicited written comments from interested parties.

III. 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 may be submitted by using the
Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml), or send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-CME-2011-05 on the subject line.
     Paper comments should be sent in triplicate to Elizabeth
M. Murphy, Secretary, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-CME-2011-05. This file
number should be included on the subject line if e-mail 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. Copies of such filing also will be available for
inspection and copying at the principal office of CME. 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-CME-2011-05 and should be
submitted on or before September 21, 2011.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    Section 19(b) of the Act \4\ directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to such
organization. The Commission finds that the proposed rule change is
consistent with the requirements of the Act, in particular the
requirements of Section 17A of the Act,\5\ and the rules and
regulations thereunder applicable to CME. Specifically, the Commission
finds that the proposed rule change is consistent with Section
17A(b)(3)(F) of the Act which requires, among other things, that the
rules of a clearing agency be designed to promote the prompt and
accurate clearance and settlement of derivative agreements, contracts,
and transactions because it should allow CME to enhance its services in
clearing interest rate swaps, thereby promoting the prompt and accurate
clearance and settlement of derivative agreements, contracts, and
transactions.\6\
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    \4\ 15 U.S.C. 78s(b).
    \5\ 15 U.S.C. 78q-1. In approving this proposed rule change, the
Commission has considered the proposed rule's impact on efficiency,
competition, and capital formation. 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78q-1(b)(3)(F).
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    The Commission finds good cause for accelerating approval because:
(i) The proposed rule change does not significantly affect any
securities clearing operations of the clearing agency (whether in
existence or contemplated by its rules) or any related rights or
obligations of the clearing agency or persons using such service; (ii)
CME has indicated that not providing accelerated approval would have a
significant impact on the swap clearing business of CME as a designated
clearing organization; and (iii) the activity relating to the non-
security clearing operations of the clearing agency for which the
clearing agency is seeking approval is subject to regulation by another
regulator.

V. Conclusion

    It Is Therefore Ordered, pursuant to Section 19(b)(2) \7\ of the
Act, that the proposed rule change (SR-CME-2011-05) is approved on an
accelerated basis.
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    \7\ 15 U.S.C. 78s(b)(2).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-22258 Filed 8-30-11; 8:45 am]
BILLING CODE 8011-01-P