[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Notices]
[Pages 40252-40253]
[FR Doc No: 2013-15916]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69869; File No. SR-NYSE-2013-32]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order
Approving a Proposed Rule Change Proposing an Amendment to the Bylaws
of Its Wholly-Owned Subsidiary, NYSE Regulation, Inc. (``NYSE
Regulation''), To Eliminate a Requirement That Not Less Than Two
Members of the Board of Directors of NYSE Regulation Must Qualify as
``Fair Representation Candidates''

June 27, 2013.

I. Introduction

    On May 8, 2013, the New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend the bylaws of its wholly-owned subsidiary
NYSE Regulation, Inc. (``NYSE Regulation'') to eliminate a requirement
that not less than two members of the board of directors of NYSE
Regulation (``NYSE Regulation Board'' or ``Board'') must qualify as
``fair representation candidates'' (as that term is defined in those
bylaws). A requirement that such directors constitute a minimum of 20%
of the NYSE Regulation Board would remain in place. The proposed rule
change was published for comment in the Federal Register on May 22,
2013.\3\ The Commission received no comments on the proposed rule
change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 69590 (May 16,
2013), 78 FR 30378 (``Notice'').
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II. Description of the Proposal

    The Exchange proposes to amend the Fourth Amended and Restated
Bylaws of NYSE Regulation (``NYSE Regulation Bylaws'') to eliminate the
requirement that not less than two members of the NYSE Regulation Board
must be ``fair representation candidates'' (as defined in the NYSE
Regulation Bylaws). However, the current requirement that such
directors constitute a minimum of 20% of the Board would continue to
apply. Furthermore, under the proposal, if the number that is equal to
20% of the entire Board is not a whole number, such number would be
rounded up to the next whole number, and a provision so stating would
be added to the NYSE Regulation Bylaws.
    As defined in the NYSE Regulation Bylaws, the fair representation
candidates are Board members who are determined by member organizations
of the Exchange through a specified petition process (``Petition
Candidates'') or, in the absence of a sufficient number of Petition
Candidates, candidates would be recommended by the Director Candidate
Recommendation Committee (``DCRC'') of NYSE Regulation. In addition,
fair representation candidates for the NYSE Regulation Board must
qualify as ``non-affiliated directors'' (as such term is defined in the
NYSE Regulation Bylaws), i.e., such persons must be U.S. Persons who
are not members of the board of directors of NYSE Euronext and qualify
as independent under the director independence policy of NYSE
Regulation.\4\ Finally, like all members of the NYSE Regulation Board
except for the Chief Executive Officer, the fair representation
candidates must qualify as independent under the director independence
policy of NYSE Regulation.\5\ The Exchange stated that it is not
proposing to change the NYSE Regulation independence requirements.\6\
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    \4\ See Securities Act Release No. 67564 (August 1, 2012), 77 FR
47161 (August 7, 2012) (SR-NYSE-2012-17) (approving a new director
independence policy for NYSE, NYSE Regulation, NYSE Market, Inc.,
and NYSE MKT LLC).
    \5\ The NYSE Regulation Bylaws require that a majority of the
NYSE Regulation Board must consist of non-affiliated directors. The
remaining directors are comprised of the Chief Executive Officer of
NYSE Regulation and members of the board of directors of NYSE
Euronext that qualify as independent under the NYSE Euronext
independence policy. The NYSE Regulation Bylaws do not require any
affiliated directors other than the Chief Executive Officer of NYSE
Regulation.
    \6\ See Notice, 78 FR at 30379.
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    The NYSE Regulation Bylaws provide that the Board shall consist of
not less than three persons and that the number of directors shall be
fixed from time to time by the Exchange, as sole equity member of NYSE
Regulation. The size of the NYSE Regulation Board is currently fixed at
five members, of which four positions are currently filled and one
position is open.\7\ The Exchange represented that both the Exchange
and NYSE Regulation believe that a board

consisting of five members is sufficiently large to effectively perform
the NYSE Regulation Board's oversight responsibilities.\8\ In addition,
with a Board size of five directors, the Exchange stated that it
believes that retaining the requirement that at least two directors
must be ``fair representation candidates'' is now unwarranted, because
such directors would constitute 40% of the Board rather than 20% as was
the case when the number of directors was fixed at ten members.\9\
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    \7\ The Exchange noted that the number of directors on the NYSE
Regulation Board was reduced from ten to five in early 2013 in
connection with the Financial Industry Regulatory Authority's
(``FINRA'') completion of specified milestones in the regulatory
services agreement by and among FINRA, NYSE Group, Inc., NYSE, NYSE
Regulation, NYSE Arca, Inc., and NYSE MKT LLC pursuant to which
FINRA assumed responsibility for performing the market surveillance
and enforcement functions previously conducted by NYSE Regulation.
See Notice, 78 FR at 30379 n.6.
    \8\ See Notice, 78 FR at 30379.
    \9\ See id.
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    The Exchange represented that the DCRC of NYSE Regulation is aware
of and is in agreement with the proposed plan of implementation. The
Exchange also represented that there is otherwise no change to the fair
representation candidate selection and petition process.\10\
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    \10\ See Notice, 78 FR at 30379 n.7.
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    The Exchange stated that it believes that the elimination of the
two-director minimum requirement for fair representation candidates is
consistent with the governance structures of other national securities
exchanges that have been approved by the Commission.\11\ The Exchange
pointed out that similar changes were approved subsequently to the
Commission's approval of a structure for the board of NYSE Alternext US
LLC (now NYSE MKT LLC), an affiliate of the Exchange, that included a
requirement that at least 20% of that exchange's board constitute fair
representation directors, but without the requirement that there be no
less than two such directors.\12\ The Exchange also noted that, more
recently, the Commission approved a similar change when it considered a
proposal to revise the Operating Agreement and Bylaws of the Exchange's
wholly owned subsidiary, NYSE Market, Inc.\13\
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    \11\ See Notice, 78 FR at 30379. The Exchange noted that, for
example, Article III, Section 5(e) of the By-Laws of the of the
NASDAQ Stock Market LLC (``NASDAQ'') requires that the Regulatory
Oversight Committee of the NASDAQ Board of Directors (``NASDAQ
ROC''), which has an oversight role comparable to that of the NYSE
Regulation Board, must consist of three members, each of whom must
be a ``Public Director'' (i.e., ``a Director who has no material
business relationship with a broker or dealer, [NASDAQ] or its
affiliates, or FINRA'') and an ``independent director'' as defined
by NASDAQ Marketplace Rule 4200. The Exchange also noted that there
is no requirement that the NASDAQ ROC have any members who would be
the equivalent of a fair representation candidate on the NYSE
Regulation Board.
    \12\ See Securities Exchange Act Release No. 58673 (September
29, 2008), 73 FR 57707, 57711-12 (October 3, 2008) (SR-Amex-2008-
62).
    \13\ Securities Exchange Act Release No. 59683 (April 1, 2009),
74 FR 15799 (April 7, 2009 (SR-NYSE-2009-12).
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III. Discussion and Commission Findings

    The Commission finds that the proposed rule change is consistent
with the Act and the rules and regulations thereunder applicable to a
national securities exchange.\14\ In particular, the Commission finds
that the proposal is consistent with the requirements of Section
6(b)(3) of the Act, which provides that the rules of an exchange must
assure a fair representation of its members in the selection of its
directors and administration of its affairs and provide that one or
more directors shall be representative of issuers and investors and not
be associated with a member of the exchange, broker, or dealer.\15\
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    \14\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
    \15\ 15 U.S.C. 78f(b)(3).
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    The fair representation requirement in Section 6(b)(3) of the Act
is intended to give members a voice in the selection of the exchange's
directors and the administration of its affairs. Moreover, the Section
6(b)(3) requirement helps to ensure that members are protected from
unfair, unfettered actions by an exchange and that, in general, an
exchange is administered in a way that is equitable to all those who
trade on its market or through its facilities. The Commission notes
that the requirement that at least 20% of the directors on the NYSE
Regulation Board be fair representation candidates is designed to
ensure the fair representation of NYSE members on its Board. The
Commission notes that, while the proposal eliminates the requirement
regarding a specific minimum number of fair representation candidates
on the Board, it does not alter the minimum 20% requirement for fair
representation candidates or the process by which members can directly
petition and vote for representatives on the NYSE Regulation Board.
Moreover, the Commission notes that the proposal adds to the NYSE
Regulation Bylaws a provision that whenever 20% of the Board would not
result in a whole number, such number would in all cases be rounded up
to the nearest whole number, thus ensuring that the fair representation
candidates never constitute less than 20% of the Board. Furthermore, as
the Exchange noted, the proposed change to the NYSE Regulation Bylaws
is consistent with previous proposals approved by the Commission.\16\
The Commission therefore finds that the Exchange's proposal is
consistent with Section 6(b)(3) of the Act.\17\
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    \16\ See supra notes 12 and 13 and accompanying text.
    \17\ 15 U.S.C. 78f(b)(3).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\18\ that the proposed rule change (SR-NYSE-2013-32) is approved.
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    \18\ 15 U.S.C. 78s(b)(2).
    \19\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-15916 Filed 7-2-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Rules and Regulations]
[Pages 15216-15218]
[FR Doc No: 2011-6579]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0038]
RIN 1625-AA87

Security Zones; Cruise Ships, Port of San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending its regulations for Security
Zones; Cruise Ships, Port of San Diego, California, by providing a
common description of all security zones created by this section to
encompass only navigable waters within a 100 yard radius around any
cruise ship that is located within the San Diego port area landward of
the sea buoys bounding the Port of San Diego. This final rule removes a
reference to shore area that is no longer necessary to provide for the
safety of the cruise ship, vessels, and users of the waterway. Entry
into these security zones will be prohibited unless specifically
authorized by the Captain of the Port (COTP) San Diego, or a COTP
designated representative.

DATES: This rule is effective April 20, 2011.

ADDRESSES:  The contents of the online docket for this rulemaking,
USCG-2011-0038, may be viewed by going to http://www.regulations.gov,
inserting USCG-2011-0038 in the ``Keyword'' box, and then clicking
``Search.'' This material is also available for inspection or copying
at the 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, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:  If you have questions on this
proposed rule, call or e-mail Commander Michael B. Dolan, Prevention,
Coast Guard Sector San Diego, Coast Guard; telephone<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

Regulatory Information

    On January 27, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Security Zones; Cruise Ships, Port of San Diego,
California in the Federal Register (76 FR 4833). We received no
comments on the proposed rule, either through the electronic docket
office, or directly to Coast Guard Sector San Diego. A public meeting
was not requested, and none were held. The telephone number listed in
the proposed rule to contact the Captain of the Port listed was
incorrect. We have corrected it in this final rule.

Basis and Purpose

    Based on experience with actual security zone enforcement
operations, the COTP San Diego has concluded that a security zone
encompassing all navigable waters, extending from the surface to the
sea floor, within a 100 yard radius around any cruise ship that is
within the San Diego port area inside the sea buoys bounding the Port
of San Diego would provide for the safety of the cruise ship, vessels,
and users of the waterway. Therefore, no reference to shore area in
security zones for moored cruise ships is required.

Background

    The Coast Guard is establishing a permanent security zone
regulation. The security zones created by this rule will encompass all
navigable waters, extending from the surface to the sea floor, within a
100 yard radius around any cruise ship that is within the San Diego
port area inside the sea buoys bounding the Port of San Diego. These
security zones are necessary to provide for the safety of the cruise
ship, other vessels and users of the waterway. Entry into these zones
will be prohibited unless specifically authorized by the

Captain of the Port (COTP) San Diego, or a COTP designated
representative.
    Paragraph (b)(2) of the existing 33 CFR 165.1108 includes reference
to the shore area. The COTP has determined that security zones for
moored cruise ships in San Diego Harbor need not include any shore
area, as the shore side passenger terminals used for cruise ship
operations are regulated under regulations in 33 CFR part 105 issued
under authority of the Maritime Transportation Security Act of 2002
(Pub. L. 107-295). These MTSA regulations were published July 1 (68 FR
39315) and October 22, 2003 (68 FR 60515), months after the final rule
establishing 33 CFR 165.1108 was published on January 8, 2003 (68 FR
1005).
    The Coast Guard issued a temporary final rule that suspends Sec.
165.1108 (b)(2) through June 20, 2011. See 75 FR 82243, December 30,
2010. With the issuance of this final rule, the temporary final rule of
December 30, 2010, is no longer needed. This final rule will remove
that section.
    Further, this rule amends both 33 CFR 165.1108 (b) and (c). In
addition to clarifying the area covered by security zones created by
Sec.  165.1108 (b), this rule simplifies the regulation by not
distinguishing between anchored cruise ships, moored cruise ships and
cruise ships underway. Also, paragraph (c) is amended to make it
clearer that persons and vessels may not enter these security zones
without first obtaining permission of the Captain of the Port San
Diego.

Discussion of Comments and Changes

    There were no comments submitted to the electronic docket or to
Coast Guard Sector San Diego. No changes were made from the proposed
regulation, except to correct the telephone number listed to contact
the Captain of the Port.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    It is not ``significant'' under the regulatory policies and
procedures of the Department of Homeland Security (DHS). We expect the
economic impact of this rule to be so minimal that full Regulatory
Evaluation is unnecessary. Most of the entities likely to be affected
are pleasure craft engaged in recreational activities and sightseeing.
In addition, due to National Security interests, the implementation of
this security zone regulation is necessary for the protection of the
United States and its people. The size of the zones is the minimum
necessary to provide adequate protection for cruise ships.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in San Diego Bay within a 100-yard radius of cruise ships
covered by this rule.
    This security zone regulation will not have a significant economic
impact on a substantial number of small entities because vessel traffic
can pass safely around the zones.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    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). 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.

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).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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.

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.

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.

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.

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.

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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

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.

Environment

    We have analyzed this proposed 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 made a determination 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 figure 2-1, paragraph (34)(g), of the Instruction. This rule
involves amending a security zone regulation by removing the reference
to shore area in security zones for moored cruise ships. 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 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. In Sec.  165.1108, reinstate temporarily suspended paragraph (b)(2),
and then revise paragraphs (b) and (c) to read as follows:

Sec.  165.1108  Security Zones; Moored Cruise Ships, Port of San Diego,
California.

* * * * *
    (b) Location. The following areas are security zones: All navigable
waters, extending from the surface to the sea floor, within a 100-yard
radius around any cruise ship that is located within the San Diego port
area landward of the sea buoys bounding the Port of San Diego.
    (c) Regulations. Under regulations in 33 CFR part 165, subpart D, a
person or vessel may not enter into or remain in the security zones
created by this section unless authorized by the Coast Guard Captain of
the Port, San Diego (COTP) or a COTP designated representative. Persons
desiring to transit these security zones may contact the COTP at
telephone number<PHONE_NUMBER> or on VHF-FM channel 16 (156.8 MHz) to
seek permission to transit the area. If permission is granted, all
persons and vessels must comply with the instructions of the Captain of
the Port or his or her designated representative.
* * * * *

Sec.  165.T11-386  [Removed]

0
3. Remove Sec.  165.T11-386.

    Dated: March 7, 2011.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2011-6579 Filed 3-16-11; 4:15 pm]
BILLING CODE 9110-04-P


[Federal Register: October 13, 2006 (Volume 71, Number 198)]
[Notices]
[Page 60497]
[DOCID:fr13oc06-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL06-109-000]

Duquesne Light Company; Notice of Filing

October 5, 2006.
    Take notice that on September 29, 2006, Duquesne Light Company
(Duquesne) filed a petition for declaratory order requesting approval
of incentive rate treatments in connection with a high voltage
transmission project that it is planning to construct, or cause to be
constructed, to enhance the reliability of 138 kV and 345 kV
transmission service to the City of Pittsburgh, Pennsylvania and
surrounding areas.
    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 October 29, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-16971 Filed 10-12-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: November 13, 2009 (Volume 74, Number 218)]
[Proposed Rules]
[Page 58574-58575]
[DOCID:fr13no09-19]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 61, and 63

[EPA-HQ-OAR-2009-0174; FRL-8980-8]
RIN 2060-AP63

Emissions Factors Program Improvements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Advanced notice of proposed rulemaking (ANPRM); extension of
public comment period.

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SUMMARY: On October 14, 2009, EPA published an Emissions Factors
Program Improvements ANPRM to convey issues raised by stakeholders
about the program, inform the public of our initial ideas to address
these issues, and solicit comments on our current thinking to resolve
these issues. EPA has received several requests from stakeholders to
grant additional time to provide comments on the ANPRM. Given that EPA
published the ANPRM specifically to obtain public comments on the
emissions factors program and the potential improvements to the
program, EPA finds this request to be reasonable. Thus, the comment
period is being extended 30 additional days to December 14, 2009.

DATES: Comments must now be received on or before December 14, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0174, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: U.S. Postal Service, send comments to: EPA Docket
Center (2822T), Emissions Factors Program Improvements Advanced Notice
of Proposed Rulemaking Docket, Docket ID No. EPA-HQ-OAR-2009-0174, 1200
Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of
two copies.
     Hand Delivery: In person or by courier, deliver comments
to: EPA Docket Center (2822T), Emissions Factors Program Improvements
Advanced Notice of Proposed Rulemaking Docket, Docket ID No. EPA-HQ-
OAR-2009-0174, EPA West, Room 3334, 1301 Constitution Avenue, NW.,
Washington, DC 20004. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information. Please include a total of two
copies.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2009-0174. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the EPA Docket Center,
EPA West, Room 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<PHONE_NUMBER>, and the telephone number for the Docket
Center is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Questions concerning the ANPRM should
be addressed to Mr. Thomas Driscoll, Office of Air Quality Planning and
Standards, Sector Policies and Programs Division, Measurement Policy
Group (D243-05), U.S. Environmental Protection Agency, Research
Triangle Park, NC 27711, telephone number:<PHONE_NUMBER>; fax number:
(919) 541-1039; e-mail address<EMAIL_ADDRESS>
How can I get copies of the ANPRM and other related information?

    The Emissions Factors Program Improvements ANPRM was published on
October 14, 2009 (74 FR 52723). You can access this document at http://
www.regulations.gov/search/Regs/
home.html#documentDetail?R=0900006480a417c0. In addition, for documents
related to this rulemaking, EPA has established the official public
docket for the ANPRM under Docket ID No. EPA-HQ-OAR-2009-0174.
Information on how to access the docket is presented above in the
ADDRESSES section.

    Dated: November 6, 2009.
Gina McCarthy,
Assistant Administrator for Air and Radiation.
[FR Doc. E9-27302 Filed 11-12-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 10 (Friday, January 14, 2022)]
[Notices]
[Pages 2477-2482]
[FR Doc No: 2022-00733]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0346]

Safe Driver Apprenticeship Pilot Program To Allow Persons Ages
18, 19, and 20 To Operate Commercial Motor Vehicles in Interstate
Commerce

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

ACTION: Notice and establishment of pilot program.

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

SUMMARY: On September 10, 2020, FMCSA proposed a pilot program to allow
persons ages 18, 19, and 20 to operate commercial motor vehicles (CMVs)
in interstate commerce. That pilot was never implemented. However, the
Infrastructure Investment and Jobs Act (IIJA), which was signed into
law on November 15, 2021, requires FMCSA to establish a pilot program
that would allow employers to establish an apprenticeship program for
certain 18-, 19-, and 20-year-old drivers to operate commercial
vehicles in interstate commerce. This notice addresses the comments
received on the September 10, 2020, notice and provides the details on
the establishment of the Safe Driver Apprenticeship Pilot Program
required by the IIJA.

FOR FURTHER INFORMATION CONTACT: Ms. Nikki McDavid, Commercial Driver's
License Division, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001, [email protected],
(202) 366-0831. If you have questions about viewing or submitting
material to the docket, call DOT Dockets Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Definitions

    For the purposes of the Safe Driver Apprenticeship Pilot Program,
FMCSA is using the following definitions, as prescribed in section
23022 of IIJA:
    Apprentice--An individual who is under the age of 21 and holds a
commercial driver's license (CDL).
    Commercial driver's license (CDL)--A license issued by a State to
an individual authorizing the individual to operate a class of CMV.
    Commercial motor vehicle (CMV)--Any self-propelled or towed motor
vehicle used on a highway in interstate commerce to transport
passengers or property when the vehicle--(1) has a gross vehicle weight
rating or gross combination weight rating, or gross vehicle weight or
gross combination weight, of 4,536 kg (10,001 pounds) or more,
whichever is greater; or (2) is designed or used to transport more than
8 passengers (including the driver) for compensation; or (3) is
designed or used to transport more than 15 passengers, including the
driver, and is not used to transport passengers for compensation; or
(4) is used in transporting material found by the Secretary of
Transportation (the Secretary) to be hazardous under 49 U.S.C. 5103 and
transported in a quantity requiring placarding under regulations
prescribed by the Secretary under 49 CFR, subtitle B, chapter I,
subchapter C.
    Driving time--All time spent at the driving controls of a CMV in
operation.
    Experienced driver--An individual who
    1. Is not younger than 26 years of age;
    2. Has held a commercial driver's license for the 2-year period
ending on the date on which the individual serves as an experienced
driver;
    3. During the 2-year period ending on the date on which the
individual serves as an experienced driver, has had no
    i. preventable accidents reportable to the Department; or
    ii. pointed moving violations; and
    4. Has a minimum of 5 years of experience driving a CMV in
interstate commerce.
    On-duty time--All time from the time a driver begins to work or is
required to be in readiness to work until the time the driver is
relieved from work and all responsibility for performing work. On-duty
time shall include:
    1. All time at a plant, terminal, facility, or other property of a
motor carrier or shipper, or on any public property, waiting to be
dispatched, unless the driver has been relieved from duty by the motor
carrier;
    2. All time inspecting, servicing, or conditioning any CMV at any
time;
    3. All driving time as defined in the term driving time;
    4. All time in or on a CMV, other than:
    i. Time spent resting in or on a parked vehicle, except as
otherwise provided in Sec.  397.5;
    ii. Time spent resting in a sleeper berth; or
    iii. Up to 3 hours riding in the passenger seat of a property-
carrying vehicle moving on the highway immediately before or after a
period of at least 7 consecutive hours in the sleeper berth;
    5. All time loading or unloading a CMV, supervising, or assisting
in the loading or unloading, attending a CMV being loaded or unloaded,
remaining in readiness to operate the CMV, or in giving or receiving
receipts for shipments loaded or unloaded;
    6. All time repairing, obtaining assistance, or remaining in
attendance upon a disabled CMV;
    7. All time spent providing a breath sample or urine specimen,
including travel time to and from the collection site, to comply with
the random, reasonable suspicion, post-crash, or follow-up testing
required by part 382 when directed by a motor carrier;
    8. Performing any other work in the capacity, employ, or service
of, a motor carrier; and
    9. Performing any compensated work for a person who is not a motor
carrier.
    Pointed moving violation--A violation that results in points being
added to the license of a driver, or a similar comparable violation, as
determined by the Secretary.

II. Legal Basis

    Subject to limited exceptions for farm vehicle drivers of
articulated CMVs (49 CFR 391.67) and private (non-business) motor
carriers of passengers (49 CFR 391.68), drivers of CMVs engaged in
interstate commerce must be at least 21 years of age, whether or not
operation of the CMV requires a CDL (49 CFR 391.11(b)(1)).
    Under 49 U.S.C. 31315 and 31136(e), the Secretary has authority to
grant waivers and exemptions from the Federal Motor Carrier Safety
Regulations (FMCSRs) and to conduct pilot programs in which one or more
exemptions are granted to allow for the testing of innovative
alternatives to certain FMCSRs. FMCSA must publish in the Federal
Register a detailed description of each pilot program, including the
exemptions being considered, and provide notice and an opportunity for
public comment before the effective date of the program. The Agency is
required to ensure that the

safety measures in the pilot programs are designed to achieve a level
of safety that is equivalent to, or greater than, the level of safety
that would be achieved through compliance with the safety regulations.
The maximum duration of a pilot program is 3 years. The regulatory
standards for pilot programs are codified at 49 CFR part 381, subparts
D and E. At the conclusion of each pilot program, FMCSA must report to
Congress its findings, conclusions, and recommendations, including
suggested amendments to laws and regulations that would enhance motor
carrier, CMV, and driver safety, and improve compliance with the
FMCSRs.
    Section 23022 of IIJA requires that the Secretary establish a pilot
program allowing employers to establish apprenticeship programs that
would enable 18-, 19-, and 20-year-old drivers with CDLs to operate a
CMV in interstate commerce. Under this same section, the Secretary must
establish the pilot program not later than 60 days after the date of
enactment of IIJA.

III. Discussion

    FMCSA must publish in the Federal Register a detailed description
of each pilot program, including the exemptions being considered, and
provide notice and an opportunity for public comment before the
effective date of the program. On September 10, 2020, FMCSA published a
Federal Register notice proposing the requirements of a younger driver
pilot program, including the exemptions being considered, and provided
the public the opportunity to comment. The exemptions identified in
that notice were relief from the effect of the intrastate only (or
``K'') restriction that would appear on a CDL under 49 CFR
383.153(a)(10)(vii) and an exemption from the requirement that a CMV
driver operating in interstate commerce be at least 21 years of age
under 49 CFR 391.11(b)(1). On November 15, 2021, IIJA, commonly
referred to as the Bipartisan Infrastructure Law (BIL), was signed into
law. Section 23022 of the BIL requires FMCSA to establish a pilot
program that would allow motor carriers to begin an apprenticeship
program as outlined in the BIL. The apprenticeship program must consist
of two probationary periods, one for 120 hours and the other for 280
hours, each of which includes minimum hours of driving time with an
experienced driver and performance benchmarks. In addition, the CMVs to
be operated during the pilot program must be equipped with specific
vehicle safety technologies. Additional requirements can be found later
in this notice.
    The pilot program proposed in the September 2020 Federal Register
notice and the apprenticeship pilot program required under section
23022 of the BIL are substantially the same. Both call for two
probationary periods, one for 120 hours and the other for 280 hours,
and specific vehicle safety technologies. Additionally, the exemptions
required for this pilot program are the same as those identified in the
September 2020 notice. Because of the similarity between the pilot
program proposed in September of 2020 and the requirements for the
pilot program mandated by section 23022 of the BIL, FMCSA has
determined that the September 2020 notice, and the comments received
thereon, can satisfy the notice and comment requirement from 49 CFR
381.500(d). FMCSA summarizes the comments received on the September
2020 notice below.

IV. Discussion of Comments

    In the September 10, 2020, Federal Register notice, FMCSA outlined
its proposed pilot program and requested comments on any additional
safeguards, the ability to obtain enough drivers, the vehicle
technology requirements, limits to the distance apprentices can
operate, data collection burdens, and limits on driver participation
that FMCSA should consider in developing the pilot program
requirements.
    FMCSA received 201 comments to the docket, of which 10 were
duplicate submissions. Of the 191 distinct submissions, 127 commenters
favored the proposal, while 50 opposed it. Twenty members of Congress
submitted a letter to the docket supporting the program. Other
commenters remained neutral, offered conditional support, provided
responses to the questions posed in the notice, or offered other
suggestions. More than 139 individuals and 62 organizations commented.
    The organizations that favored the pilot program included the
American Trucking Associations, Commercial Vehicle Training
Association, International Foodservice Distributors Association,
National Association of Chemical Distributors, National Grocer
Association, National Retail Federation, the Port Authority of New York
and New Jersey, and the Truckload Carriers Association. In addition,
numerous private citizens, motor carriers, training schools, State
trucking associations, State Drivers Licensing Agencies, and other
professional trade associations offered full or conditional support for
the initiation of the younger driver pilot program proposed in the
September 2020 Federal Register notice.
    Commenters including the American Association of Motor Vehicle
Administrators, Commercial Vehicle Safety Alliance, Insurance Institute
for Highway Safety, and several motor carriers, private citizens, and
other professional trade associations asked for clarification, provided
data, and offered recommendations.
    Those opposing the initiation of the younger driver pilot program
included Advocates for Highway and Auto Safety, Citizens for Reliable
and Safe Highways, the National Safety Council, National Transportation
Safety Board, the Owner-Operator Independent Drivers Association,
Parents Against Tired Truckers, and the Truck Safety Coalition. These
opponents focused on safety, noting that younger drivers are more
distracted and have higher rates of crashes, and cited the Centers for
Disease Control and Prevention, which says that teenagers are unable to
correctly analyze dangerous situations.
    In addition, opponents also mentioned that the driver age should be
raised to 25 years old and that younger drivers will not be able to
handle differing conditions that exist across the country, such as
weather, terrain, and varying laws.

Public Comments on 2020 Notice

    The 2020 Federal Register notice asked several questions related to
the additional safeguards, the ability to obtain enough drivers, the
vehicle technology requirements, limits to the distance apprentices may
operate, data collection burdens, and limits on driver participation.
    Additional safeguards. FMCSA asked the public whether it should
consider any additional safeguards to ensure that the pilot program
provides an equivalent level of safety to the regulations without the
age exemption. Most commenters that provided feedback on the question
felt that no additional safeguards would be needed. The commenters that
recommended specific safeguards cited behavior tests, pre-program
Commercial Learner's Permit (CLP) skills test, added training hours,
recording devices, and additional insurance. Section 23022 of the BIL
establishes detailed safeguards that should be included as part of the
pilot program for driver apprentices, some of which were suggested by
commenters (such as recording devices), and as such FMCSA is adopting
these as part of the Safe Driver Apprenticeship Pilot Program.
    Control group drivers. FMCSA asked the public if carriers would be
able to obtain enough drivers to serve in the control group. The
commenters that

provided feedback on the question believed that carriers should be able
to obtain enough drivers for the control group. Some commenters did
mention that small carriers may find it difficult to find control group
drivers. FMCSA has decided to not collect data on a specific control
grop and will instead utilize comparison data on current CMV drivers,
including both intrastate and interstate.
    Vehicle technology requirements. FMCSA asked whether the technology
requirements proposed for the pilot program would limit participation
by smaller companies. The majority of commenters that provided feedback
did believe that the technology requirements may limit smaller motor
carriers from participating in the pilot program. One commenter felt
that although the technology requirements may be costly initially, as
technology becomes more available the costs will go down over time.
FMCSA acknowledges that the requirements may limit smaller company
participation, but as they are now required by section 23022 of the
BIL, they must be included. FMCSA will take this fact into
consideration when it analyzes the data and completes its final report
on the pilot.
    Distance limits. FMCSA asked whether it should limit the distance
that pilot program participants be allowed to operate. The majority of
commenters that provided feedback on the question did not believe that
the FMCSA should limit the distance a pilot program participant can
operate. One commenter felt that a distance restriction would defeat
the purpose of the pilot and would not allow for a true comparison in
the data for the program. Section 23022 does not include limitations on
the distance an apprentice can travel. FMCSA has determined that it
will not add such limitations to the pilot program for the same reasons
identified by the majority of the commenters.
    Data collection efforts. FMCSA asked if the data collection efforts
proposed would be so burdensome for carriers as to discourage their
participation. The commenters that responded to this question were
split on whether the data collection efforts would be burdensome. Some
felt that although the data collection is burdensome, it would be
manageable and that most carriers have basic systems in place that
would help with the data collection. FMCSA is aware of the information
collection burden this pilot program creates (see discussion below),
but determined that the reporting is necessary to inform the final
report on the pilot program.
    Participation limits. FMCSA asked whether it should limit
participation to drivers who have not been involved in a preventable
crash. The commenters that responded to this question were split on
this question. Those that felt FMCSA should not limit participation
agreed that the limit would improve the safety of the program but would
skew the data. FMCSA will review the records of proposed apprentice
drivers to ensure they do not present a safety risk as outlined below
in the pilot program requirements section. FMCSA will account for any
resulting skew in the data collected.

V. Pilot Program Requirements and Procedures

Information Collection Approval

    On January 7, 2022, and in accordance with the Paperwork Reduction
Act (PRA) of 1995, FMCSA requested the Office of Management and Budget
(OMB) grant emergency clearance for the new information collection
titled, ``Safe Driver Apprenticeship Pilot Program.'' (87 FR 1001).
That notice summarized the expected data collection burdens on
participants in the pilot program. Once emergency approval is granted,
FMCSA will seek OMB approval for the full 3-year period using the usual
PRA approval process, which will allow for both a 60-day and a 30-day
comment period for the public.

Announcement of Safe Driver Apprenticeship Pilot Program

    Once implemented, FMCSA will publish, on the Agency's website at
www.fmcsa.dot.gov, an announcement that applications are being accepted
for participation in the pilot program. The website will also provide
links to the application forms and other helpful information for motor
carriers and drivers interested in participating in the pilot program.

Motor Carriers Needed

    Section 23022 of BIL requires that no more than 3,000 apprentices
will participate in the Safe Driver Apprenticeship Pilot Program at any
one time. For the purposes of determining paperwork burden estimates,
FMCSA assumed a maximum of 1,000 participating motor carriers that
would hire at least 3,000 apprenticeship pilot program participants.
FMCSA recognizes additional apprentices will be needed to account for
turnover due to drivers choosing to leave the program, drivers not
progressing through the probationary periods, and drivers aging out of
the program. The length of time during which replacement apprentices
will be added will be determined by FMCSA based on the statistical and
administrative needs of the pilot program data collection plan.
    The pilot program anticipates the results/data will allow for
conclusions within a confidence level of 0.95 (i.e., significance level
of 0.05) and statistical power of 80 percent.

Motor Carrier Requirements

    Motor carriers that would like to participate in the Safe Driver
Apprenticeship Pilot Program must complete an application for
participation (see additional details below) and submit monthly data on
an apprentice's driver activity (e.g., vehicle miles traveled, duty
hours, driving hours, off-duty time, or breaks), safety outcomes (e.g.,
crashes, violations, and safety-critical events), and any additional
supporting information (e.g., onboard monitoring systems or
investigative reports from previous crashes). In addition, carriers
will be required to notify FMCSA within 24 hours of: (1) Any injury or
fatal crash involving an apprentice; (2) an apprentice receiving an
alcohol-related citation in any vehicle (e.g., driving under the
influence or driving while intoxicated); (3) an apprentice choosing to
leave the pilot program; (4) an apprentice leaving the carrier; or (5)
an apprentice failing a random or post-crash drug/alcohol test.
    In addition to meeting the the requirements established in section
23022 of BIL for an apprenticeship pilot program, carriers must
register an apprenticeship program with the U.S. Department of Labor
(DOL). While it is not a requirement that carriers become a registered
apprenticeship program prior to applying to FMCSA's pilot program,
FMCSA notes that interested carriers may want to work with DOL while
FMCSA is finalizing its program and before the application period for
FMCSA's pilot program is opened. Additionally, carriers will need to
verify that proposed apprentices meet all other requirements to
participate.
    Approved carriers will be publicly announced on the Agency's
website to encourage potential apprentices to apply for employment
directly with the identified carriers. Approved carriers will be able
to assist apprentices (whom they employ) with completion of their
application and participation agreement.
    Approved motor carriers must ensure that they hire apprentices that
meet the requirements in the ``Apprentices'' portion of this Federal
Register notice. If at any time while participating in the pilot
program, an apprentice is

disqualified for a major offense, serious traffic violation, railroad-
highway grade crossing violation, or violation of an out-of-service
order, as outlined in 49 CFR 383.51 of the FMCSRs, the employer must
immediately notify FMCSA and remove the apprentice from the program.
    Before an approved motor carrier can allow an apprentice to operate
under the Safe Driver Apprenticeship Pilot Program, FMCSA will review
the driver's safety performance history against its systems and will
issue an exemption for each driver. The exemption allows the driver to
operate in interstate commerce while participating in the pilot program
despite being under 21 and having a ``K'' restriction on their CDL. An
apprentice may not operate in interstate commerce without the exemption
notice.
    Each motor carrier accepted into the pilot program must agree to
comply with all pilot program procedures and requirements, including
completing required forms, obtaining driver consent, and attending
information sessions.

Motor Carrier Qualifications

    When FMCSA announces the implementation of the Safe Driver
Apprenticeship Pilot Program, interested motor carriers will be
required to complete the application form.
    To qualify for participation, the motor carrier must meet the
following standards:
    1. Must have proper operating authority, if required, and
registration;
    2. Must have at least the minimum levels of financial
responsibility required by the FMCSRs;
    3. Must not be a high or moderate risk motor carrier as defined in
the Agency's Federal Register notice titled, ``Notification of Changes
to the Definition of a High Risk Motor Carrier and Associated
Investigation'' published on March 7, 2016 (81 FR 11875);
    4. Must not have a conditional or unsatisfactory safety rating;
    5. Must not have any open enforcement actions (e.g., Imminent
Hazard, Operations Out-of-Service (OOS) Orders, Patterns of Safety
Violations) in the previous 6 years;
    6. Must not have a crash rate above the national average;
    7. Must not have a driver OOS rate above the national average; and
    8. Must not have a vehicle OOS rate above the national average.
    Enforcement actions resulting in civil penalties will be reviewed
on a case-by-case basis. In addition, unpaid civil penalties may be
grounds to deny participation in the pilot program.
    Approval for participation in the pilot program will also be
dependent on the motor carrier's agreement to comply with all pilot
program procedures, including the monthly submission of data.
    Approved motor carriers will be provided a letter acknowledging
FMCSA's approval, the carrier's acceptance into the pilot program, and
the company's exemption to allow approved apprentices to operate in
interstate commerce. Approved motor carriers will be publicly announced
on the Agency's website to encourage potential apprentices to apply
through the identified carriers for participation.
    FMCSA will monitor motor carrier and driver performance throughout
the pilot program to ensure safety. Motor carriers may be disqualified
from the pilot program at any time if the:
    1. Carrier does not maintain proper operating authority, if
required, and registration;
    2. Carrier does not maintain the required minimum levels of
financial responsibility;
    3. Carrier is prioritized as a high risk;
    4. Carrier is prioritized as a moderate risk for 2 consecutive
months;
    5. Carrier receives a conditional or unsatisfactory safety rating;
    6. Carrier is the subject of an open Federal enforcement action
pending review (e.g., Imminent Hazard, Operations OOS Orders, Patterns
of Safety Violations). Enforcement actions resulting in civil penalties
will be reviewed on a case-by-case basis.
    7. For the last full calendar year, carrier has a crash rate (per
million vehicle miles traveled) above the national average;
    8. Carrier has a driver OOS rate above the national average for 3
consecutive months;
    9. Carrier has a vehicle OOS rate above the national average for 3
consecutive months; or
    10. Carrier failed to report monthly data as required.
    FMCSA reserves the right to remove a carrier from the program at
its discretion if it is determined there is a safety risk.

Establishment of Apprenticeship Program

    As required by section 23022 of IIJA and as a condition of
participating in the Safe Driver Apprenticeship Pilot Program, approved
motor carriers must also establish an apprenticeship program. The
apprenticeship program must consist of a 120-hour probationary period
and a 280-hour probationary period for apprentice drivers. Nothing in
this notice prevents an employer from imposing additional requirements
on an apprentice.

120-Hour Probationary Period

    During the 120-hour probationary period, the employing motor
carrier must ensure the apprentice:
    1. Completes 120 hours of on-duty time, of which not less than 80
hours shall be driving time in a CMV; and
    2. Is competent in each of the following areas: Interstate, city
traffic, rural 2-lane, and evening driving; safety awareness; speed and
space management; lane control; mirror scanning; right and left turns;
and logging and complying with rules relating to hours of service.

280-Hour Probationary Period

    After the 120-hour probationary period, the motor carrier must
ensure the apprentice completes a 280-hour probationary period. The
employing motor carrier must ensure the apprentice:
    1. Completes 280 hours of on-duty time, of which not less than 160
hours shall be driving time in a CMV; and
    2. Is competent in each of the following areas: Backing and
maneuvering in close quarters; pre-trip inspections; fueling
procedures; weighing loads, weight distribution, and sliding tandems;
coupling and uncoupling procedures; and trip planning, truck routes,
map reading, navigation, and permits.

CMV Technologies

    During both the 120-hour probationary period and the 280-hour
probationary period, the employing motor carrier must ensure the
apprentice only drives a CMV that has an automatic manual or automatic
transmission; an active braking collision mitigation system; a forward-
facing video event capture system; and a governed speed of 65 miles per
hour at the pedal and under adaptive cruise control. In addition, the
apprentice must be accompanied in the passenger seat of the CMV by an
experienced driver. Nothing in the notice prevents an employer from
requiring or installing additional technologies in a CMV.

Records Retention

    The employing motor carrier must maintain records relating to the
satisfaction of the performance benchmarks for each apprentice that is
in the Safe Driver Apprenticeship Pilot Program.

Apprentice Prohibitions

    The employing motor carrier must ensure that the apprentice does
not transport passengers or hazardous materials, or operate double- or
triple-trailer combinations or cargo tank vehicles while participating
in the Safe Driver Apprenticeship Pilot Program, regardless of any
license endorsements held.

Reportable Incidents

    As outlined in section 23022 of BIL, the employing motor carrier
must ensure that, if an apprentice is involved in a reportable,
preventable crash or receives a pointed moving violation while driving
a CMV, the apprentice will undergo remediation and additional training
until the apprentice can demonstrate, to the satisfaction of the motor
carrier, competence in each of the performance benchmarks. The extent
of remediation and additional training will be left to the discretion
of the employing motor carrier. FMCSA will clarify the standards for
remediation and additional training on its website once the Agency
begins accepting applications for the pilot program.

Registering an Apprenticeship Program With the DOL

    Employing motor carriers that are approved to participate in the
Safe Driver Apprenticeship Pilot Program must also register an
apprenticeship program with the DOL, in accordance with the regulations
found at 29 CFR part 29. If an employing motor carrier already has a
registered apprenticeship program with the DOL, the motor carrier must
ensure it meets the requirements for the Safe Driver Apprenticeship
Pilot Program and maintains requirements for DOL's Registered
Apprenticeship Program.

Apprentice Requirements

    Drivers of CMVs, as defined in 49 CFR 383.5 and 390.5T, engaged in
interstate commerce, must be at least 21 years of age (Sec.
391.11(b)(1)). An 18-year-old commercial CLP or CDL holder may drive in
intrastate commerce only.
    An apprentice that participates in the Safe Driver Apprenticeship
Pilot Program will be provided relief from sections of 49 CFR parts 383
and 391 concerning minimum age requirements. Specifically, FMCSA will
provide relief from the effect of the intrastate only (or ``K'')
restriction that appears on a CDL in accordance with Sec.
383.153(a)(10)(vii) and an exemption from the requirement in Sec.
391.11(b)(1) that a CMV driver operating in interstate commerce be at
least 21 years of age.
    An apprentice may drive a CMV in interstate commerce while
participating in the 120-hour probationary period or the 280-hour
probationary period under the Safe Driver Apprenticeship Pilot Program
so long as an experienced driver accompanies them in the passenger seat
of the CMV.
    An apprentice may drive a CMV in interstate commerce after the
apprentice completes the 120-hour probationary period and the 280-hour
probationary period; however, the apprentice is still considered to be
participating in the Safe Driver Apprenticeship Pilot Program, and
their safety performance must continue to be monitored by the employing
motor carrier, including monthly safety performance reports filed with
FMCSA, until the driver reaches the age of 21.
    An apprentice may not participate in the Safe Driver Apprenticeship
Pilot Program if during the 2-year period immediately preceding the
date of hire, the driver:
    1. Had more than one license (except for a military license);
    2. Had his or her license suspended, revoked, cancelled or
disqualified for a violation related to 49 CFR 383.51 in any State;
    3. Had any conviction for a violation of military, State, or local
law relating to motor vehicle traffic control (other than parking
violation) arising in connection with any traffic crash and have no
record of a crash in which he/she was at fault; or
    4. Had been convicted of any violations described below in any type
of motor vehicle:
    a. Had been under the influence of alcohol as prescribed by State
law;
    b. Had been under the influence of a controlled substance;
    c. Had an alcohol concentration of 0.04 or greater while operating
a CMV;
    d. Refused to take an alcohol test as required by a State under its
implied consent laws or regulations as defined in 49 CFR 383.72;
    e. Left the scene of a crash;
    f. Used the vehicle to commit a felony;
    g. Drove a CMV while his or her CDL is revoked, suspended,
cancelled; or he or she is disqualified from operating a CMV;
    h. Caused a fatality through the negligent operation of a CMV
(including motor vehicle manslaughter, homicide by motor vehicle, or
negligent homicide);
    i. Had more than one conviction for any of the violations described
below in any type of motor vehicle;

--Drove recklessly, as defined by State or local law or regulation
(including offenses of driving a motor vehicle in willful or wanton
disregard for the safety of persons or property);
--Drove a CMV without the required CDL;
--Violated a State or local law or ordinance on motor vehicle traffic
control prohibiting texting while driving; or
--Violated a State or local law or ordinance on motor vehicle traffic
control restricting or prohibiting the use of a hand held mobile
telephone while driving.

    The apprentice must also agree to the release of specific
information by their employing motor carrier, to FMCSA for purposes of
the pilot program; meet all FMCSR requirements (except age) for
operating a CMV in interstate commerce; operate primarily in interstate
commerce; and, if selected; maintain a good driving record (e.g., free
of any Sec.  383.51 violations).
    If at any time while participating in this pilot program, an
apprentice is disqualified for a major offense, serious traffic
violations, railroad-highway grade crossing violation, or violation of
an out-of-service order, as outlined in 49 CFR 383.51 of the FMCSRs, he
or she will be disqualified and removed from the program.
    An apprentice may not transport passengers or hazardous materials,
or operate double- or triple-trailer combinations or cargo tank
vehicles while participating in the pilot program, regardless of any
license endorsements held.
    If a driver reaches age 21 during the pilot program, the driver
will no longer be considered an apprentice. If an apprentice leaves an
approved motor carrier during the pilot program, he or she is not
approved to operate in interstate commerce unless re-employed with
another approved motor carrier participating in the pilot program. A
new apprentice application must be submitted for any new or additional
hires by the approved motor carrier so that FMCSA can verify
eligibility as part of the Agency's oversight of the pilot program.

Other Requirements and Information

    FMCSA will prioritize approval of carriers to participate and
continue based on these carriers' safety performance records over time,
selecting only those with the highest or best relative performance.

Comparison Groups

    FMCSA will compare the safety performance data of 18-, 19-, and 20-
year-old intrastate drivers to known safety performance of intrastate
drivers

and interstate drivers. FMCSA will use existing data from FMCSA systems
to compare current safety and performance of CMV operators to the
safety and performance of apprentices participating in the pilot
program. Additionally, FMCSA will analyze the performance of
apprentices before, during, and after their probationary periods.

Monitoring and Oversight

    FMCSA will review both monthly data submitted by approved motor
carriers and its own databases including, but not limited to, the Motor
Carrier Management Information System, Safety Measurement System, CDL
Information System, the Licensing and Insurance system, and the Drug
and Alcohol Clearinghouse. FMCSA reserves the right to remove any motor
carrier or driver from the pilot program for reasons including, but not
limited to, failing to meet any of the requirements of the program.

Length and Termination of Pilot Program

    Under 49 CFR part 381, FMCSA can continue the pilot program for up
to 3 years, but may conclude the program sooner if there is sufficient
data to analyze the safety of the pilot program drivers or if there is
reason to believe the program is not achieving an equivalent level of
safety that would be achieved by complying with the regulations.
Additionally, the BIL requires that on the date that is 3 years after
the date of establishment of the pilot program, FMCSA will terminate
the program. At that time, any driver under the age of 21 who has
completed an apprenticeship program may continue to drive a CMV in
interstate commerce until turning 21, unless it is determined a safety
concern exists.

Meera Joshi,
Deputy Administrator.
[FR Doc. 2022-00733 Filed 1-13-22; 8:45 am]
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[Federal Register Volume 75, Number 240 (Wednesday, December 15, 2010)]
[Notices]
[Pages 78251-78252]
[FR Doc No: 2010-31381]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0380]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Generic Food and Drug
Administration Rapid Response Surveys

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by January
14, 2011.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or e-mailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0500.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Daniel Gittleson, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850.<PHONE_NUMBER>.
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.
Generic Food and Drug Administration Rapid Response Surveys--(OMB
Control Number 0910-0500)--Extension
    Section 505 of the Federal Food, Drug, and Cosmetic Act (the FD&C
Act) (21 U.S.C. 355), requires that important safety information
relating to all human prescription drug products be made available to
FDA so that it can take appropriate action to protect the public health
when necessary. Section 702 of the FD&C Act (21 U.S.C. 372) authorizes
investigational powers to FDA for enforcement of the FD&C Act. Under
section 519 of the FD&C Act (21 U.S.C. 360i), FDA is authorized to
require manufacturers to report medical device-related deaths, serious
injuries, and malfunctions to FDA; to require user facilities to report
device-related deaths directly to FDA and to manufacturers; and to
report serious injuries to the manufacturer. Section 522 of the FD&C
Act (21 U.S.C. 360l) authorizes FDA to require manufacturers to conduct
postmarket surveillance of medical devices. Section 705(b) of the FD&C
Act (21 U.S.C. 375(b)) authorizes FDA to collect and disseminate
information regarding medical products or cosmetics in situations
involving imminent danger to health or gross deception of the consumer.
Section 903(d)(2) of the FD&C Act (21 U.S.C. 393(d)(2)) authorizes the
Commissioner of Food and Drugs to implement general powers (including
conducting research) to carry out effectively the mission of FDA. These
sections of the FD&C Act enable FDA to enhance consumer protection from
risks associated with medical products usage that are not foreseen or
apparent during the premarket notification and review process. FDA's
regulations governing application for Agency approval to market a new
drug (21 CFR part 314) and regulations governing biological products
(21 CFR part 600) implement these statutory provisions. Currently, FDA
monitors medical product related postmarket adverse events via both the
mandatory and voluntary MedWatch reporting systems using FDA Forms 3500
and 3500A (OMB control number 0910-0291) and the vaccine adverse event
reporting system. FDA is seeking OMB clearance to collect vital
information via a series of rapid response surveys. Participation in
these surveys will be voluntary. This request covers rapid response
surveys for community based health care professionals, general type
medical facilities, specialized medical facilities (those known for
cardiac surgery, obstetrics/gynecology services, pediatric services,
etc.), other health care professionals, patients, consumers, and risk
managers working in medical facilities. FDA will use the information
gathered from these surveys to obtain quickly vital information about
medical product risks and interventions to reduce risks so the Agency
may take appropriate public health or regulatory action including
dissemination of this information as necessary and appropriate.
    FDA projects 6 emergency risk related surveys per year with a
sample of between 50 and 10,000 respondents per survey. FDA also
projects a response time of 0.5 hours per response. These estimates are
based on the maximum sample size per questionnaire that FDA may be able
to obtain by working with health care professional organizations. The
annual number of surveys was determined by the maximum number of
surveys per year FDA has ever conducted under this collection.
    In the Federal Register of August 6, 2010 (75 FR 47599), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                   Annual
            Number of respondents              frequency per     Total annual      Hours per       Total hours
                                                  response        responses         response
----------------------------------------------------------------------------------------------------------------
10,000......................................           \2\ 6           60,000               .5           30,000
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.
\2\ Maximum.

    Dated: December 8, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-31381 Filed 12-14-10; 8:45 am]
BILLING CODE P