[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Notices]
[Pages 29480-29484]
[FR Doc No: 2014-11890]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0195]

Agency Information Collection Activities; Revision of an Approved
Information Collection Request: Commercial Driver Licensing and Test
Standards

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

ACTION: Notice and request for information.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval and invites public comment. The FMCSA requests
approval to revise and renew an ICR entitled, ``Commercial Driver
Licensing and Test Standards,'' due to an increase in the number of
commercial driver's license records and the addition of one information
collection item: ``Driver completion of knowledge and skills tests 49
CFR 384.201.'' This ICR is needed to ensure that drivers, motor
carriers and the States are complying with notification and
recordkeeping requirements for information related to testing,
licensing, violations, convictions and disqualifications and that the
information is accurate, complete and transmitted and recorded within
certain time periods as required by the Commercial Motor Vehicle Safety
Act of 1986 (CMVSA), as amended.

DATES: We must receive your comments on or before July 21, 2014.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Docket Number FMCSA-2014-0195 using any of the
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West building, Ground Floor,
Room 12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9:00
a.m. and 5:00 p.m., e.t., Monday through Friday, except Federal
holidays.
    Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov and follow the
online instructions for accessing the dockets, or go to the street
address listed above.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement for the Federal Docket Management System
published in the Federal Register on January 17, 2008 (73 FR 3316), or
you may visit http://edocket.access.gpo.gov/2008/pdfE8-794.pdf.
    Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Redmond, Office of Safety
Programs, Commercial Driver's License Division (MC-ESL), Department of
Transportation, Federal Motor Carrier Safety Administration, West
Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC, 20590-
0001. Telephone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Background: The licensed drivers in the United States deserve
reasonable assurance that their fellow motorists are

properly qualified to drive the vehicles they operate. Before the
Commercial Motor Vehicle Safety Act of 1986 (CMVSA or the Act) Public
Law 99-570, Title XII, 100 Stat. 3207-170, codified at 49 U.S.C.
chapter 313) was signed by the President on October 27, 1986, 18 States
and the District of Columbia authorized any person licensed to drive an
automobile to also legally drive a large truck or bus. No special
training or special license was required to drive these vehicles, even
though it was widely recognized that operation of certain types of
vehicles called for special skills, knowledge and training. Even in the
32 States that had a classified driver licensing system in place, only
12 of these States required an applicant to take a skills test in a
representative vehicle. Equally serious was the problem of drivers
possessing multiple driver licenses that enabled these commercial motor
vehicle (CMV) drivers to avoid license suspension for traffic law
convictions. By spreading their convictions among several States, CMV
drivers could avoid punishment for their infringements, and stay behind
the wheel.
    The CMVSA addressed these problems. Section 12002 of the Act makes
it illegal for a CMV operator to have more than one driver's license.
Section 12003 requires the CMV driver conducting operations in commerce
to notify both the designated State of licensure official and the
driver's employer of any convictions of State or local laws relating to
traffic control (except parking tickets). This section also required
the promulgation of regulations to ensure each person who applies for
employment as a CMV operator to notify prospective employers of all
previous employment as a CMV operator for at least the previous ten
years.
    In section 12005 of the Act, the Secretary of Transportation
(Secretary) is required to develop minimum Federal standards for
testing and licensing of operators of CMVs.
    Section 12007 of the Act also directs the Secretary, in cooperation
with the States, to develop a clearinghouse to aid the States in
implementing the one driver, one license, and one driving record
requirement. This clearinghouse is known as the commercial driver's
license information system (CDLIS).
    The CMVSA further requires each person who has a CDL suspended,
revoked or canceled by a State, or who is disqualified from operating a
CMV for any period, to notify his or her employer of such actions.
Drivers of CMVs must notify their employers within 1 business day of
being notified of the license suspension, revocation, and cancellation,
or of the lost right to operate or disqualification. These requirements
are reflected in 49 CFR part 383, titled ``Commercial Driver's License
Standards; Requirements and Penalties.''
    Specifically, section 383.21 prohibits a person from having more
than one license; section 383.31 requires notification of convictions
for driver violations; section 383.33 requires notification of driver's
license suspensions; section 383.35 requires notification of previous
employment; and section 383.37 outlines employer responsibilities.
Section 383.111 requires the passing of a knowledge test by the driver
and section 383.113 requires the passing of a skills test by the
driver; section 383.115 contains the requirement for the double/triple
trailer endorsement, section 383.117 contains the requirement for the
passenger endorsement, section 383.119 contains the requirement for the
tank vehicle endorsement and section 383.121 contains the requirement
for the hazardous materials endorsement.
    Section 12011 of the CMVSA states that the Secretary shall withhold
a portion of the Federal-aid highway funds apportioned to a State if
the State does not substantially comply with the requirements in
section 12009(a) of the Act. The information gathered during State
compliance reviews is used to determine whether States are complying
with these requirements.
    A final rule was published on July 31, 2002 (67 FR 49742)
implementing 15 of the 16 CDL related provisions of the Motor Carrier
Safety Improvement Act of 1999 (MCSIA) (Pub. L. 106-159, 113 Stat. 1748
(Dec. 9, 1999)) that were designed to enhance the safety of drivers on
our nation's highways by ensuring that only safe drivers operate CMVs.
These new requirements are contained in 49 CFR part 383 and include:
five new major and serious disqualifying offenses (section 383.51):
Non-CMV disqualifying offenses by a CDL holder (section 383.51);
disqualification of drivers determined to be an imminent hazard
(section 383.52); a new school bus endorsement (section 383.123); a
prohibition on issuing a hardship license to operate a CMV while under
suspension (section 384.210); a prohibition on masking convictions
(section 384.226); and various requirements for transmitting, posting
and retaining driver convictions and disqualification records.
    A Final Rule was published on December 1, 2008 (73 FR 73096) that
implemented the 16th CDL related provision of MCSIA, the merging of the
medical certification and CDL issuing processes.
    An interim final rule (IFR) was published on May 5, 2003 (68 FR
23844), as a companion rule to the Transportation Security
Administration's (TSA's) May 5, 2003 IFR implementing section 1012 of
the USA PATRIOT Act (Pub. L. 107-56) on security threat assessments for
drivers applying for or renewing a CDL with a hazardous materials
endorsement. While TSA set the requirements in their rule; FMCSA has
the responsibility as part of the CDL testing and issuance process to
ensure that States are in compliance with the TSA requirements.
    Section 4019 of the Transportation Equity Act for the 21st Century
(TEA-21), Public Law 105-178, 112 Stat. June 8, 1999 (Attachment I),
requires the Secretary of Transportation to review the procedures
established and implemented by the States under 49 U.S.C. 31305 for CDL
knowledge and skills testing to determine whether the current testing
system is an accurate measure and reflection of an individual's
knowledge and skills to operate a CMV. The results of this review were
incorporated into the new ``2005 CDL Test System.'' A final rule was
published on May 9, 2011 (Attachment J) that requires the use of a
State Testing System that is comparable to the 2005 CDL Test System.
    Section 4122 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: a Legacy for Users (SAFETEA-LU), Public Law
109-59, August 10, 2005, requires the Department of Transportation
(DOT) to prescribe regulations on minimum uniform standards for the
issuance of commercial learner's permits (CLPs), as it has already done
for CDLs [49 U.S.C. 31308]. More specifically, section 4122 provides
that an applicant for a CLP must first pass a knowledge test which
complies with minimum standards prescribed by the Secretary and may
have only one CLP at a time; that the CLP document must have the same
information and security features as the CDL; and that the data on each
CLP holder must be added to the driver's record in CDLIS. The Final
Rule published on May 9, 2011 also includes each of those requirements.
    Section 703 of the Security and Accountability For Every Port Act
of 2006 (SAFE Port Act), Public Law 109-347, October 13, 2006, requires
the Secretary of Transportation to promulgate regulations implementing
the recommendations in a memorandum issued by the DOT's Office of the
Inspector General (OIG) on June 4, 2004,

concerning verification of the legal status of commercial drivers, as
well as the recommendations in a report issued by the OIG on February
7, 2006 ``[Oversight of the Commercial Driver's License Program]''
dealing with steps needed to improve anti-fraud measures in the CDL
program. The specific recommendations include: the establishment of a
legal presence requirement for CDL issuance; declaring a State out of
substantial compliance with the CDL requirements if the State fails to
impose adequate internal controls to detect and help prevent fraud in
the CDL program or fails to take adequate corrective action when fraud
is discovered; and imposed sanctions against States for noncompliance.
This Final Rule published on May 9, 2011 includes all of the OIG's
recommendations. Many of the operational procedures suggested by the
OIG for carrying out the recommendations have also been adopted.
    This information collection supports the DOT Strategic Goal of
Safety by requiring that drivers of CMVs are properly licensed
according to all applicable Federal requirements.
    The 10-year employment history information supplied by the CDL
holder to the employer upon application for employment (49 CFR 383.35)
is used to assist the employer in meeting his/her responsibilities to
ensure that the applicant does not have a history of high safety risk
behavior.
    State officials use the information collected on the license
application form (49 CFR 383.71), the medical certificate information
that is posted to the driving record (proposed) and the conviction and
disqualification data posted to the driving record (49 CFR 383.73) to
prevent unqualified and/or disqualified CDL holders from operating CMVs
on the nation's highways. State officials are also required to
administer knowledge and skills tests to CDL driver applicants (49 CFR
384.202). The driver applicant is required to correctly answer at least
80 percent of the questions on each knowledge test in order to achieve
a passing score on that test. To achieve a passing score on the skills
test, the driver applicant must demonstrate that he/she can
successfully perform all of the skills listed in the regulations.
During State CDL compliance reviews, FMCSA officials review this
information to ensure that the provisions of the regulations are being
carried out. Without the aforementioned requirements, there would be no
uniform control over driver licensing practices to prevent unqualified
and/or disqualified drivers from being issued a CDL and to prevent
unsafe drivers from spreading their convictions among several licenses
in several States and remaining behind the wheel of a CMV. Failure to
collect this information would render the regulations unenforceable.
    Information submitted by the States will be used by the FMCSA to
determine if individual States are in ``substantial compliance'' with
section 12009(a) of the CMVSA. The FMCSA reviews information submitted
by the States and conducts such reviews, audits, and investigations of
each State once every three years or as it deems necessary to make
compliance determinations for all States and the District of Columbia.
If this information were not available, the FMCSA would have no means
of independently verifying State compliance.
    This request for renewed approval includes one additional
information collection item: ``Driver completion of knowledge and
skills tests [49 CFR 384.201].''
    Title: Commercial Driver Licensing and Test Standards.
    OMB Number: 2126-0011.
    Type of Request: Revision of a currently-approved information
collection.
    Respondents: Drivers with a commercial learner's permit (CLP) or
commercial driver's license (CDL) and State driver licensing agencies.
    Estimated Number of Respondents: 11,410,100 driver respondents and
17,900.986 State respondents.
    Estimated Time per Response: Drivers: 16.29 minutes per response
and States: 1.86 minutes per response.
    Expiration Date: August 31, 2014.
    Frequency of Response: Variable.
    Estimated Total Annual Burden: 3,651,867 hours.
    The information collection is comprised of twelve components:
    (1) State Recording of Medical Examiner's Certificate Information:
Approximately 69% of the 2.96 million interstate CDL holders would
renew their medical certification every 2 years. Approximately 31% of
the 2.96 million interstate CDL holders would renew their medical
certification every year as a condition of a medical variance (i.e., an
exemption, Skill Performance Evaluation (SPE) certificate or pilot
program) or their employer requires another examination. It takes
approximately 2 minutes to record the medical examiner's certificate
information on the CDLIS driver record.
    FMCSA estimates that there are 657,000 new drivers (5% of the
current total of 13.14 million active CDL driver records) who would
obtain a CDL every year and that 74% of these new 657,000 CDL holders,
or 486,180 new CDL holders would be engaged in interstate commerce.
    The number of existing CDL holders who would need to renew and
submit a copy of their medical examiner's certificate to the State
would be 2.96 million CDL holders engaged in interstate commerce. Since
31% of the 2.96 million interstate CDL holders would need to submit a
copy of their medical examiner's certificate to the State every year as
a condition of their medical variance or their new employer requires
another examination, the total number of renewal submittals (responses)
for a 2-year cycle would be 3.88 million (2.96 million x 1.31 = 3.88
million). The annual submittal of medical examiner's certificates to
the State would be 2.43 million annual responses (3.88 million/2 years
+ 486,180 new drivers = 2.43 million).
    FMCSA estimates a total of 81,000 annual burden hours (2.43 million
responses x 2/60 hours = 81,000) for the States to obtain and record
the medical examiner's certificate information on the CDLIS driver
record.
    (2) State Recording of the Self Certification of Commercial Motor
Vehicle (CMV) Operation: All CDL holders would need to have their self-
certification of CMV operation information recorded on their CDLIS
driver record as either ``non-excepted interstate,'' ``excepted
interstate,'' `non-excepted intrastate'' or ``excepted intrastate''
Only CDL holders subject to part 391 (non-excepted, interstate drivers)
would be required to submit a medical examiner's certificate to the
SDLA.
    CDLs are renewed on average every 5 years. It takes approximately 5
seconds (.083 minutes) for the SDLA to record the medical certification
status information on the CDLIS driver record.
    FMCSA estimates the annual SDLA recording of self- certification of
CMV operation information would be 3,285,000 million annual responses
(13.14 million/5 years + 657,000 million new CDL drivers = 3,285,000).
    FMCSA estimates the SDLA recording of self-certification of CMV
operation information at a total annual burden of 4,544 hours
(3,285,000 million responses x .083/60 hours = 4,544 hours).
    (2) State Verification of Medical Certification Status: Only the
medical certification status information of CDL holders subject to part
391 must be verified because they are the only drivers required to be
medically certified.

    Approximately 2% of active CDLIS driver records are transferred to
another State each year.
    It takes approximately 5 seconds (.083 minutes) to verify the
medical certification status information of a CDL driver who operates a
CMV in interstate commerce.
    FMCSA estimates that the SDLA's annual verification of medical
certification status information would generate 651,200 annual
responses [(2,960,000 renewals/5 years) + (.02 x 2,960,000 transfers
per year) = 651,200).
    FMCSA estimates a total annual burden of 901hours (651,200 x .083/
60 hours = 901) for SDLAs to verify the medical certification status
information of all interstate CDL drivers.
    (4) Driver Notification of Convictions/Disqualifications to
Employer: There are approximately 13.14 million active commercial
driver's license (CDL) driver records. Each driver averages 1
conviction every 3 years. The estimated number of annual responses is
4,380,000 (13.14 million CDL drivers/3 = 4.380,000). It takes
approximately 10 minutes to notify a motor carrier concerning
convictions and disqualifications. The notification requirement has an
estimated annual burden of 730,000 burden hours (4,380,000 convictions/
disqualifications x 10/60 hours = 730,000 hours);
    (5) Driver Providing Previous Employment History to New Employer:
The estimated annual turnover rate of drivers is approximately 14
percent (%.) There are an estimated 1,839,800 annual responses to this
requirement (13.14 million CDL holders x .14 annual turnover rate =
1,839,800). It takes approximately 15 minutes to complete this
requirement. The employment history requirement has an estimated annual
burden of 459,950 burden hours (1,839,800 annual responses x 15/60
hours = 459,950 hours);
    (6) Annual State Certification of Compliance: There are 51
responses (50 States and the District of Columbia) to this requirement
and it takes approximately 32 hours to complete compliance documents.
The compliance certification requirement has an estimated annual burden
of 1,632 burden hours (51 responses x 32 hours = 1,632 hours);
    (7) State Preparing For and Participating in Annual Program Review:
A State CDL program review is conducted every year. There are 51
responses (50 States and the District of Columbia) to this requirement.
It takes approximately 40 hours to complete each response with a staff
of 5 persons. The State annual program review requirement has an
estimated annual burden of 10,200 burden hours (51 States x 40 hours x
5 staff = 10.200 hours).
    (8) CDLIS/PDPS/State Recordkeeping: Fifty (50) States and the
District of Columbia are required to enter data into the commercial
driver's license information system (CDLIS) about operators of CMVs and
to perform record checks before issuing, renewing, upgrading or
transferring a CDL.
    There are approximately 657,000 new drivers a year (13.14 million
drivers x .05 = 657,000 new drivers). FMCSA estimates that the average
amount of time for each record inquiry performed by a State to add a
new driver is 2 minutes. The new driver requirement has an estimated
annual burden of 27,900 burden hours (657,000 new drivers x 2/60 =
27,900 hours).
    The average renewal period is 5 years. There are approximately
2,628,000 CDLs renewed each year (13.14 million drivers/5 years =
2,628,000). FMCSA estimates that the average amount of time for each
record inquiry performed by a State to renew a license is 2 minutes.
The renewal record inquiry requirement has an estimated annual burden
of 87,600 burden hours (2,628,000 x 2/60 hours = 87,600 hours).
    Approximately 2 percent of drivers transfer to a new state each
year. There are 262,800 drivers a year who change their State of
domicile (13.14 million drivers x .02 = 282,800 drivers). FMCSA
estimate that the average amount of time for each record inquiry
performed by a State to change a driver's State of domicile is 2
minutes. The driver transfer requirement has an estimated annual burden
of 8.760 burden hours (262,800 transferred drivers x 2/60 hours = 8,760
hours).
    Each driver averages approximately 1 conviction every three years
and approximately 25 percent of the convictions result in a
disqualification. There are 5,475,000 driver convictions and
disqualifications (13.14 million/3 convictions x 1.25 = 5,475,000). We
estimate that the average amount of time for each transaction performed
by a State is 2 minutes. The driver conviction/disqualification
transaction requirement has an estimated annual burden of 182,500
burden hours (5,475,000 transactions x 2/60 hours = 182,500 hours).
    Approximately 33 percent of active CDL drivers have a hazardous
materials endorsement. The average renewal period is approximately 5
years. There are 867,240 drivers a year renewing a CDL with a hazardous
materials endorsement (13.14 million drivers x .33/5 years = 867,240
drivers). The Agency estimates that the average amount of time for each
citizenship/resident alien status inquiry performed by a State is 2
minutes. The citizenship/resident alien status inquiry transaction
requirement has an estimated annual burden of 28,908 burden hours
(867,240 drivers x 2/60 hours = 28,908 hours).
    The total annual burden hours for these combined collection of
information activities is 335,668 burden hours (27,900 hours + 87,600
hours + 8.760 hours + 182,500 hours + 28,908 hours = 335,668 hours).
    (9) Driver Completion of the CDL Application Form: There are
approximately 657.000 new CDL applicants a year (13.14 million x .05 =
657,000). It takes approximately 1 minute to complete the CDL part of
application form. The new applicant CDL application requirement has an
estimated annual burden of 10,950 burden hours (657,000 applications x
1/60 hours = 10,950 hours).
    The average CDL renewal period is approximately 5 years. Therefore,
2,628,000 drivers renew their CDL a year (13.14 million drivers/5 years
= 2,628.000 drivers). It takes approximately 1 minute for renewal
drivers to complete the CDL part of application form. The renewal
driver CDL application form requirement has an estimated annual burden
of 43,800 burden hours (2,628,000 x 1/60 hours = 43,800 hours).
    Approximately 2 percent of drivers transfer to a new State each
year. FMCSA estimates that there are 262,800 transfer drivers (13.14
million x .02 = 262,800). It takes approximately 1 minute for transfer
drivers to complete the CDL part of application form. The transfer
driver CDL application form requirement has an estimated annual burden
of 4,380 hours (262,800 x 1/60 = 4,380).
    The total annual burden hours for these combined collection of
information activities is 59,130 hours (10,950 hours + 43,800 hours +
4,380 = 59,130 hours).
    (10) Driver Completion of Knowledge and Skills Tests: FMCSA
estimates that there are 657,000 new drivers (5% of the current total
of 13.14 million active CDL driver records) would obtain a CDL every
year.
    Approximately 25 percent of the applicants fail the CDL knowledge
and skills tests the first time they take the tests.
    FMCSA estimates that a knowledge test on average takes 45 minutes
to complete and a skills test on average takes 90 minutes to complete.
    The Agency estimates there are 821,250 knowledge tests completed
every year (657,000 x 1.25 = 821,250).

    The Agency estimates the annual burden for taking the knowledge
test is 615,938 burden hours (821,250 x 45/60 hour/test = 615,938).
    The Agency estimates there are 821,250 skills tests completed every
year (657,000 x 1.25 = 821,250).
    The Agency estimates the annual burden for taking the skills tests
is 1,231,875 hours (821,250 x 90/60 hour/test = 1,231,875).
    The total annual burden hours for these combined collection of
information activities is 1,847,813 burden hours (615,938 hours +
1,231,875 hours = 1,847,813 hours).
    (11) Knowledge and Skills Test Recordkeeping: There are
approximately 657.000 new CDL applicants a year (13.14 million x .05 =
657,000). It takes approximately 2 minute to record the results of
knowledge tests and 5 minutes for the skills tests. Approximately 25
percent of the applicants fail the knowledge and skills tests the first
time they take the tests.
    The knowledge test recordkeeping requirement has an estimated
annual burden of 27,375 burden hours (657,000 applicants x 2/60 hours x
1.25 = 27,375 hours).
    The skills test recordkeeping requirement has an estimated annual
burden of 68,438 hours (657,000 applicants x 5/60 hours x 1.25 =
68,438).
    The total annual burden hours are 95,813 burden hours for these
combined activities (27,375 + 68,438 = 95,813).
    (12) Knowledge and Skills Test Examiner Certification Based on data
from the American Association of Motor Vehicle Administrator, FMCSA
estimates that 2,144 examiners who administer CDL tests.
    Based on a sampling of several State driver licensing agencies
(SDLA), approximately 25 percent of the examiners will only administer
the knowledge test. Based on Federal employee experience in developing
training courses, it is estimated that the initial combined knowledge
and skills test examiner training will take 40 hours to complete and
that the initial knowledge-test-only examiner training will take 20
hours to complete. States will spread the initial training over the 3
year implementation period.
    Based on Federal employee observation of SDLA licensing activities,
a criminal background check on an examiner will take approximately 15
minutes to process and evaluate the results and that average amount of
time to record results of examiner training, certification and criminal
background checks is approximately 2 minutes.
    FMCSA estimates the annual burden for examiners to complete the
initial combined knowledge and skills test training and certification
is 21,440 burden hours ([.75 x 2,144 examiners/3 years] x 40 hours =
21,440) and that the annual burden for examiners to complete the
initial knowledge-test-only training and certification is 3,573 burden
hours ([.25 x 2,144 examiners/3 years] x 20 hours = 3,573). The total
annual burden for initial examiner training is 25,013 burden hours
(21,440 + 3,573 = 25,013).
    FMCSA estimates the annual burden for States to process and
evaluate criminal background checks is 179 burden hours ([2,144
examiners/3 years] x 15/60 hours = 179).
    FMCSA estimates the annual burden for States to record results of
examiner training, certification and criminal background checks is 24
burden hours ([2,144 examiners/3 years] x 2/60 hours = 24).
    The total annual burden hours for these combined collection of
information activities is 25,216 burden hours (25,013 hours + 179 hours
+ 24 hours = 25,216 hours).
    Definitions: Under 49 CFR 383.5:
    Commercial motor vehicle (CMV) means a motor vehicle or combination
of motor vehicles used in commerce to transport passengers or property
if the motor vehicle--
    (1) Has a gross combination weight rating or gross combination
weight of 11,794 kilograms or more (26,001 pounds or more), whichever
is greater, inclusive of a towed unit(s) with a gross vehicle weight
rating or gross vehicle weight of more than 4,536 kilograms (10,000
pounds), whichever is greater; or
    (2) Has a gross vehicle weight rating or gross vehicle weight of
11,794 or more kilograms (26,001 pounds or more), whichever is greater;
or
    (3) Is designed to transport 16 or more passengers, including the
driver; or
    (4) Is of any size and is used in the transportation of hazardous
materials as defined in this section.
    Hazardous materials means any material that has been designated as
hazardous under 49 U.S.C. 5103 and is required to be placarded under
subpart F of 49 CFR part 172 or any quantity of a material listed as a
select agent or toxin in 42 CFR part 73.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize or include your
comments in the request for OMB's clearance of this information
collection.
    Issued under the authority of 49 CFR 1.87 on: May 14, 2014

G. Kelly Leone,
Associate Administrator for Office of Research and Information
Technology and Chief Information Officer.
[FR Doc. 2014-11890 Filed 5-21-14; 8:45 am]
BILLING CODE 4910-EX-P


TABLE 2 Annual Agency Burden and Cost NSPS for Asphalt Processing and Roofing Manufacture ( 40 CFR Part 60, Subpart UU)

REPORTING/ RECORDKEEPING REQUIREMENT EPA Hours/

Occurence ( A) Occurences/

Plant/ Year ( B) Total Hours/

Year ( C) Plants/

Year ( D) Technical Person Hours/ Yr ( E) Management Person Hours / Yr ( F)

( E x .05) Clerical Person Hours/ Yr ( G)

( E x .01) Total Hours ( H) Total Cost / Year ( I)

INITIAL PERFORMANCE TESTS New or Modified Facility 24 1 24 2 48 2.4 4.8 55.2 $ 2,183 REPEAT PERFORMANCE TEST New or Modified Facility 24 0.2 4.8 2 9.6 0.48 0.96 11.04 $ 437 REPORT REVIEW New or Modified Facility Notification of Construction/ Reconstruction 2 1 2 2 4 0.2 0.4 4.6 $ 182 Notification of Physical/ Operational Changes 2 1 2 2 4 0.2 0.4 4.6 $ 182 Notification of Actual Startup 0.5 1 0.5 2 1 0.05 0.1 1.15 $ 45 Notification of Performance Test 0.5 1 0.5 2 1 0.05 0.1 1.15 $ 45 Review of Performance Test Results 8 1 8 2 16 0.8 1.6 18.4 $ 728 Notification of Demonstration of CMS 0.5 1 0.5 2 1 0.05 0.1 1.15 $ 45 TOTAL ANNUAL BURDEN 97 $ 3,848 ( Rounded) ( Rounded) Assumptions Number of respondents undergoing reconstruction 2 Rate of failed performance tests 20%

Time required to participate with performance test ( per plant) 24 Time require to review construction notification ( hours) 2 Time required to review startup and initial test notifications ( hours) 0.5 Time required to review performance test results ( hours) 8 Time required to review notification of demonstration of CMS ( hours) 0.5 Managerial labor rate $ 54.66 Technical labor rate $ 40.56 Clerical labor rate $ 21.95


[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)]
[Rules and Regulations]
[Pages 5898-5901]
[FR Doc No: 2016-02022]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-1345; Airspace Docket No. 14-AWP-13]
RIN 2120-AA66

Establishment of Multiple Air Traffic Service (ATS) Routes;
Western United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes 13 high altitude Area Navigation
(RNAV) routes (Q-routes) in the western United States. The routes
promote operational efficiencies for users and provide connectivity to
current and proposed RNAV en route and terminal procedures. The low
altitude RNAV route, T-326, published in the Notice of Proposed
Rulemaking, requires more coordination and is removed from this rule.

DATES: Effective date 0901 UTC, March 31, 2016. The Director of the
Federal Register approves this incorporation by reference action under
title 1 Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.9Z, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.9Z at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.9, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jason Stahl, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would modify the route structure in the western U.S. to preserve
the safe and efficient flow of air traffic within the NAS.

History

    On June 5, 2015, the FAA published in the Federal Register a notice
of proposed rulemaking (NPRM) to establish 13 RNAV Q-routes and one T-
route originating in Los Angeles Air Route Traffic Control Center's
(ARTCC) airspace (80 FR 32074). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal. No comments were received.
    The development of new RNAV Standard Instrument Departure (SID) and
Standard Terminal Arrival (STAR) routes requires incorporation of these
Q routes into the NAS Route Structure in order to maximize the benefits
of increased safety in high volume en route sectors.
    The Los Angeles Air Route Traffic Control Center (ARTCC) currently
does not have routes that join the Performance Based Navigation (PBN)
arrival and departure procedures. The existing conventional jet route
structure does not serve the new SID/STAR designs. Routes made up of
ground based navigational aids are not capable of delivering aircraft
onto the RNAV based arrival and departure procedures in an efficient
manner. Developing these predictable and repeatable flight paths
through a complex area confined by restricted areas will improve
throughput and safety for Los Angeles ARTCC.
    This first phase of a two phase project will align a network of Q-
Routes with the new SIDs and STARs. The Q-Route structure is projected
to optimize descent/climb profiles to/from several airports in southern
California and create segregated arrival/departure paths to reduce
airspace complexity.
    High altitude United States RNAV routes are published in paragraph
2006 and high altitude Canadian RNAV routes are published in paragraph
2007 of FAA Order 7400.9Z dated August 6, 2015, and effective September
15, 2015, which is incorporated by reference in 14 CFR 71.1. The high
altitude United States RNAV routes (Q-routes) and high altitude
Canadian RNAV routes listed in this document would be subsequently
published in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.9Z, airspace Designations and
Reporting Points, dated August 6, 2015, and effective September 15,
2015. FAA Order 7400.9Z is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.9Z lists Class A, B,
C, D, and E airspace areas, air traffic service routes, and reporting
points.

Differences From the NPRM

    This rule has several changes from the NPRM. First, the NPRM
proposed to establish a low altitude RNAV route, T-326. Due to
additional coordination required for low altitude routes, T-326 will
not be included in this final rule, but will be finalized at a later
date. Second, in the state of Nevada, BEALE waypoint was moved from
lat. 36[deg]10'56.60'' N., long. 114[deg]49'34.81'' W. to lat.
36[deg]10'56.83'' N., long. 114[deg]49'34.09'' W., to properly connect
to a Standard Instrument Departure procedure. In the state of Idaho,
HELLS waypoint is removed from Q-73. Also in Idaho, CORDU waypoint is
moved from lat. 48[deg]10'46.10'' N., long. 116[deg]40'21.84'' W., to
lat. 48[deg]10'46.41'' N., long. 116[deg]40'21.84'' W., to align with a
future polar Q route. And finally, LAKKR waypoint, listed under Q-73,
was erroneously shown in the state of Arizona, but is actually located
in Nevada.

The Rule

    The FAA is amending Title 14, Code of Federal Regulations (14 CFR)
part 71 to establish U.S. RNAV routes Q-70, Q-73, Q-74, Q-78, Q-86, Q-
88, Q-90, Q-94, Q-96, Q-98, Q-114, Q-168, and Q-842, which is an
extension of a current Canadian RNAV route and therefore retains the
Canadian numbering. The routes will connect to new SID and STAR
procedures as designed in the Southern California area. The routes are
outlined below.
    Q-70: Q-70 is from the HAILO, CA, waypoint (WP) to the SAKES, UT,
WP to support departures from Los Angeles basin airports to the
northeast.

    Q-73: Q-73 is established from the MOMAR, CA, WP to the CORDU, ID,
WP to accommodate arrivals to San Diego airport.
    Q-74: Q-74 is from the NATEE, NV, WP to the DEANN, UT, WP and
supports arrivals to John Wayne, Long Beach and Ontario airports from
the northeast.
    Q-78: Q-78 is established from the MARUE, NV, WP to the TOADD, AZ,
WP to support arrivals to John Wayne, Long Beach and Ontario airports
from the east and northeast.
    Q-86: Q-86 is from the TTRUE, AZ, WP to the PLNDL, AZ, WP for
arrivals to San Diego and Ontario airports from the east.
    Q-88: Q-88 is established from the HAKMN, NV, WP to the CHESZ, UT,
WP to support Los Angeles airport arrivals from the northeast.
    Q-90: Q-90 is from the DNERO, CA, WP to the JASSE, AZ, WP and will
be the primary RNAV route to Los Angeles from Denver ARTCC.
    Q-94: Q-94 is from the WELUM, NV, WP to the ROOLL, AZ, WP to
support Denver ARTCC arrivals to Burbank, Van Nuys, Camarillo and
Oxnard airports.
    Q-96: Q-96 is established from the PURSE, NV, WP to the KIMMR, UT,
WP to support arrivals to Burbank, Van Nuys, Camarillo and Oxnard
airports from the Salt Lake ARTCC.
    Q-98: Q-98 is from the HAKMN, NV, WP to the PEEWE, AZ, WP to
support Denver ARTCC arrivals to Los Angeles and San Diego airports.
    Q-114: Q-114 extends from the NATEE, NV, WP to the BUGGG, UT, WP to
support Salt Lake ARTCC arrivals to Long Beach, Ontario and Orange
County airports.
    Q-168: Q-168 extends from the FNNDA, CA, WP to the JASSE, AZ, WP
and will be the primary arrival route for Los Angeles airport from the
Denver ARTCC.
    Q-842: Existing Canadian route Q-842 is extended south into U.S.
airspace. The route will begin at the BEALE, NV, WP and extend north to
the existing TOVUM, AB, WP in Canada. This will provide routing for
departures from Los Angeles, Long Beach, Ontario and Orange County
airports to airports in Calgary and Edmonton, Canada.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that only affects air traffic procedures
and air navigation, it is certified that this rule, when promulgated,
does not have a significant economic impact on a substantial number of
small entities under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policy and
Procedures'' paragraph 5-6.5.a. This airspace action is not expected to
cause any potentially significant environmental impacts and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Rule

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting Points, dated August 6, 2015, and
effective September 15, 2015, is amended as follows:

Paragraph 2006 United States Area Navigation Routes.

* * * * *

Q-70 HAILO, CA to SAKES, UT (New)

HAILO, CA               WP                     (Lat. 35[deg]38'14.00'' N., long. 115[deg]58'16.00'' W.)
LAS, NV                 VOR                    (Lat. 36[deg]04'46.93'' N., long. 115[deg]09'35.27'' W.)
IFEYE, NV               WP                     (Lat. 36[deg]24'56.04'' N., long. 114[deg]47'49.32'' W.)
BLIPP, NV               WP                     (Lat. 36[deg]42'41.31'' N., long. 114[deg]28'26.45'' W.)
EEVUN, UT               WP                     (Lat. 37[deg]02'52.90'' N., long. 113[deg]42'42.56'' W.)
BLOBB, UT               WP                     (Lat. 37[deg]17'45.63'' N., long. 113[deg]06'52.16'' W.)
BAWER, UT               WP                     (Lat. 37[deg]38'06.68'' N., long. 112[deg]16'45.89'' W.)
SAKES, UT               WP                     (Lat. 38[deg]50'00.51'' N., long. 110[deg]16'16.52'' W.)

                                                    * * * * *
Q-73 MOMAR, CA to CORDU, ID (New)

MOMAR, CA               WP                     (Lat. 33[deg]30'54.13'' N., long. 115[deg]56'40.14'' W.)
CABIC, CA               WP                     (Lat. 33[deg]46'17.01'' N., long. 115[deg]49'28.71'' W.)
CHADT, CA               WP                     (Lat. 33[deg]55'18.49'' N., long. 115[deg]45'03.26'' W.)
LVELL, CA               WP                     (Lat. 34[deg]12'37.38'' N., long. 115[deg]36'53.25'' W.)
HAKMN, NV               WP                     (Lat. 35[deg]30'28.31'' N., long. 115[deg]04'47.04'' W.)
ZZYZX, NV               WP                     (Lat. 35[deg]39'53.52'' N., long. 114[deg]51'54.99'' W.)
LAKRR, NV               WP                     (Lat. 36[deg]05'07.72'' N., long. 114[deg]17'09.16'' W.)
GUNTR, AZ               WP                     (Lat. 36[deg]24'39.65'' N., long. 114[deg]02'11.55'' W.)
ZAINY, AZ               WP                     (Lat. 36[deg]39'24.73'' N., long. 113[deg]54'03.50'' W.)
EEVUN, UT               WP                     (Lat. 37[deg]02'52.90'' N., long. 113[deg]42'42.56'' W.)
WINEN, UT               WP                     (Lat. 37[deg]56'00.00'' N., long. 113[deg]30'00.00'' W.)
CRITO, NV               WP                     (Lat. 39[deg]18'00.00'' N., long. 114[deg]33'00.00'' W.)
BROPH, ID               WP                     (Lat. 42[deg]43'15.71'' N., long. 114[deg]52'31.80'' W.)
DERSO, ID               FIX                    (Lat. 43[deg]21'42.63'' N., long. 115[deg]08'01.66'' W.)
SAWTT, ID               WP                     (Lat. 44[deg]37'35.52'' N., long. 115[deg]43'55.55'' W.)
ZATIP, ID               WP                     (Lat. 46[deg]13'17.48'' N., long. 116[deg]31'37.57'' W.)
CORDU, ID               WP                     (Lat. 48[deg]10'46.41'' N., long. 116[deg]40'21.84'' W.)

Q-74 NATEE, NV to DEANN, UT (New)

NATEE, NV               WP                     (Lat. 35[deg]37'14.00'' N., long. 115[deg]22'26.00'' W.)
BLD, NV                 VOR                    (Lat. 35[deg]59'44.84'' N., long. 114[deg]51'48.88'' W.)
ZAINY, AZ               WP                     (Lat. 36[deg]39'24.73'' N., long. 113[deg]54'03.50'' W.)
FIZZL, AZ               WP                     (Lat. 36[deg]56'03.37'' N., long. 113[deg]16'23.91'' W.)
GARDD, UT               WP                     (Lat. 37[deg]03'12.91'' N., long. 112[deg]37'54.38'' W.)
DEANN, UT               WP                     (Lat. 37[deg]12'34.00'' N., long. 111[deg]42'47.00'' W.)

Q-78 MARUE, NV to TOADD, AZ (New)

MARUE, NV               WP                     (Lat. 35[deg]15'23.00'' N., long. 114[deg]52'55.00'' W.)
DUGGN, AZ               WP                     (Lat. 35[deg]44'06.83'' N., long. 113[deg]23'24.52'' W.)
TOADD, AZ               WP                     (Lat. 36[deg]17'45.60'' N., long. 111[deg]30'37.21'' W.)

                                                    * * * * *
Q-86 TTRUE, AZ to PLNDL, AZ (New)

TTRUE, AZ               WP                     (Lat. 34[deg]38'01.53'' N., long. 114[deg]23'05.05'' W.)
YORRK, AZ               WP                     (Lat. 34[deg]52'03.23'' N., long. 113[deg]55'58.14'' W.)
SCHLS, AZ               WP                     (Lat. 35[deg]14'18.55'' N., long. 113[deg]09'42.77'' W.)
CUTRO, AZ               WP                     (Lat. 35[deg]36'16.98'' N., long. 112[deg]23'00.00'' W.)
VALEQ, AZ               WP                     (Lat. 35[deg]44'01.73'' N., long. 112[deg]06'31.44'' W.)
PLNDL, AZ               WP                     (Lat. 35[deg]50'17.43'' N., long. 111[deg]52'40.71'' W.)

Q-88 HAKMN, NV to CHESZ, UT (New)

HAKMN, NV               WP                     (Lat. 35[deg]30'28.31'' N., long. 115[deg]04'47.04'' W.)
ZZYZX, NV               WP                     (Lat. 35[deg]39'53.52'' N., long. 114[deg]51'54.99'' W.)
LAKRR, NV               WP                     (Lat. 36[deg]05'07.72'' N., long. 114[deg]17'09.16'' W.)
NOOTN, AZ               WP                     (Lat. 36[deg]37'32.63'' N., long. 113[deg]20'40.25'' W.)
GARDD, UT               WP                     (Lat. 37[deg]03'12.91'' N., long. 112[deg]37'54.38'' W.)
VERKN, UT               WP                     (Lat. 37[deg]23'00.05'' N., long. 112[deg]04'21.69'' W.)
PROMT, UT               WP                     (Lat. 37[deg]30'06.70'' N., long. 111[deg]52'12.94'' W.)
CHESZ, UT               WP                     (Lat. 38[deg]16'59.03'' N., long. 110[deg]02'11.31'' W.)

Q-90 DNERO, CA to JASSE, AZ (New)

DNERO, CA               WP                     (Lat. 35[deg]02'07.14'' N., long. 114[deg]54'16.39'' W.)
ESGEE, NV               WP                     (Lat. 35[deg]08'00.50'' N., long. 114[deg]37'21.64'' W.)
AREAF, AZ               WP                     (Lat. 35[deg]36'31.77'' N., long. 113[deg]13'50.46'' W.)
JASSE, AZ               WP                     (Lat. 36[deg]04'15.53'' N., long. 111[deg]48'45.81'' W.)

Q-94 WELUM, NV to ROOLL, AZ (New)

WELUM, NV               WP                     (Lat. 35[deg]22'56.00'' N., long. 114[deg]55'59.00'' W.)
MNGGO, AZ               WP                     (Lat. 35[deg]51'13.55'' N., long. 113[deg]28'23.59'' W.)
ROOLL, AZ               WP                     (Lat. 36[deg]27'37.93'' N., long. 111[deg]28'54.98'' W.)

Q-96 PURSE, NV to KIMMR, UT (New)

PURSE, NV               WP                     (Lat. 35[deg]34'54.00'' N., long. 115[deg]11'53.00'' W.)
DODDL, NV               WP                     (Lat. 35[deg]49'28.80'' N., long. 114[deg]51'51.29'' W.)
BFUNE, AZ               WP                     (Lat. 36[deg]06'10.73'' N., long. 114[deg]28'40.09'' W.)
GUNTR, AZ               WP                     (Lat. 36[deg]24'39.65'' N., long. 114[deg]02'11.55'' W.)
PIIXR, AZ               WP                     (Lat. 36[deg]36'29.27'' N., long. 113[deg]45'02.40'' W.)
FIZZL, AZ               WP                     (Lat. 36[deg]56'03.37'' N., long. 113[deg]16'23.91'' W.)
BAWER, UT               WP                     (Lat. 37[deg]38'06.68'' N., long. 112[deg]16'45.89'' W.)
ROCCY, UT               WP                     (Lat. 37[deg]49'41.63'' N., long. 111[deg]59'59.84'' W.)
SARAF, UT               WP                     (Lat. 38[deg]36'03.84'' N., long. 110[deg]53'24.20'' W.)
KIMMR, UT               WP                     (Lat. 39[deg]13'45.24'' N., long. 109[deg]57'30.10'' W.)

Q-98 HAKMN, NV to PEEWE, AZ (New)

HAKMN, NV               WP                     (Lat. 35[deg]30'28.31'' N., long. 115[deg]04'47.04'' W.)
ZZYZX, NV               WP                     (Lat. 35[deg]39'53.52'' N., long. 114[deg]51'54.99'' W.)
LAKRR, NV               WP                     (Lat. 36[deg]05'07.72'' N., long. 114[deg]17'09.16'' W.)
DUZIT, AZ               WP                     (Lat. 36[deg]24'51.20'' N., long. 113[deg]24'51.53'' W.)
EEEZY, AZ               WP                     (Lat. 36[deg]44'33.18'' N., long. 112[deg]21'40.77'' W.)
PEEWE, AZ               WP                     (Lat. 36[deg]58'08.69'' N., long. 111[deg]36'40.81'' W.)

                                                    * * * * *
Q-114 NATEE, NV to BUGGG, UT (New)

NATEE, NV               WP                     (Lat. 35[deg]37'14.00'' N., long. 115[deg]22'26.00'' W.)
BLD, NV                 VOR                    (Lat. 35[deg]59'44.84'' N., long. 114[deg]51[deg]48.88'' W.)
ZAINY, AZ               WP                     (Lat. 36[deg]39'24.73'' N., long. 113[deg]54'03.50'' W.)
AHOWW, UT               WP                     (Lat. 37[deg]07'14.56'' N., long. 113[deg]11'34.04'' W.)
BAWER, UT               WP                     (Lat. 37[deg]38'06.68'' N., long. 112[deg]16'45.89'' W.)
BUGGG, UT               WP                     (Lat. 38[deg]39'18.31'' N., long. 109[deg]29'48.01'' W.)

                                                    * * * * *
Q-168 FNNDA, CA to JASSE, AZ (New)

FNNDA, CA               WP                     (Lat. 34[deg]45'14.96'' N., long. 114[deg]45'18.49'' W.)
SHIVA, AZ               WP                     (Lat. 34[deg]58'12.28'' N., long. 114[deg]17'24.65'' W.)
KRINA, AZ               WP                     (Lat. 35[deg]28'02.52'' N., long. 113[deg]11'35.60'' W.)
JASSE, AZ               WP                     (Lat. 36[deg]04'15.53'' N., long. 111[deg]48'45.81'' W.)

                                                    * * * * *
Paragraph 2007 Canadian Area Navigation Routes.

Q-842 BEALE, NV to TOVUM, AB Canada (New)

BEALE, NV               WP                     (Lat. 36[deg]10'56.83'' N., long. 114[deg]49'34.09'' W.)
BLIPP, NV               WP                     (Lat. 36[deg]42'41.31'' N., long. 114[deg]28'26.45'' W.)

WINEN, UT               WP                     (Lat. 37[deg]56'00.00'' N., long. 113[deg]30'00.00'' W.)
TABLL, UT               WP                     (Lat. 38[deg]39'56.31'' N., long. 113[deg]10'35.15'' W.)
PICHO, UT               WP                     (Lat. 39[deg]58'00.00'' N., long. 112[deg]35'00.00'' W.)
PATIO, UT               WP                     (Lat. 41[deg]16'00.00'' N., long. 112[deg]32'00.00'' W.)
PROXI, UT               WP                     (Lat. 41[deg]58'20.81'' N., long. 112[deg]31'33.79'' W.)
VAANE, ID               WP                     (Lat. 45[deg]18'12.53'' N., long. 112[deg]44'58.36'' W.)
KEETA, MT               WP                     (Lat. 47[deg]20'39.01'' N., long. 112[deg]52'51.46'' W.)
TOVUM, AB, Canada       WP                     (Lat. 49[deg]14'29.00'' N., long. 112[deg]48'53.00'' W.)
Excluding the airspace within Canada.

    Issued in Washington, DC, on January 28, 2016.
Randy Willis,
Acting Manager, Airspace Policy Group.
[FR Doc. 2016-02022 Filed 2-3-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Notices]
[Pages 67514-67515]
[FR Doc No: 2011-28209]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65636; File No. SR-CME-2011-14]

Self-Regulatory Organizations; Chicago Mercantile Exchange, Inc.;
Notice of Filing and Order Granting Accelerated Approval of Proposed
Rule Change To Amend the Performance Bond Regime Applicable to Certain
Cleared Only OTC FX Swaps

October 26, 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 October 18, 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. 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.
---------------------------------------------------------------------------

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

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

    CME proposes to amend certain rules related to its existing Cleared
OTC US Dollar/Chilean Peso (``USD/CLP'') foreign currency (``FX'')
contracts. The USD/CLP FX contracts are comprised of spot, forward and
swap transactions, and are also referred to as non-deliverable forwards
(``NDFs''). The proposed rule changes would change the performance bond
regime that applies to CME's USD/CLP NDF from a ``collateralization
mark-to-market'' to a ``cash mark-to-market'' performance bond method.
    The text of the proposed rule change is available at the CME's Web
site at http://www.cmegroup.com, at the principal office of CME, and at
the Commission's Public Reference Room.

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 USD/CLP NDFs as a cleared-only product. These
USD/CLP NDFs feature a ``collateralization mark to market'' performance
bond regime. CME desires to adopt a new performance bond regime that
applies to the USD/CLP NDF product. The new requirements would instead
feature a ``cash mark to market'' performance bond method. This change
is intended to bring the USD/CLP NDF product in line with CME's
anticipated launch of a suite of new OTC FX cleared-only currency pairs
(which will be included as part of a separate regulatory filing.\3\)
These new products will collectively feature the ``cash mark to
market'' methodology when they are eventually offered for clearing,
with the first in a phased roll-out of the new FX pairs to be offered
currently planned for October 31, 2011.
---------------------------------------------------------------------------

    \3\ See Exchange Act Release No. 34-65637 (Oct. 26, 2011).
---------------------------------------------------------------------------

    CME Clearing has deployed the SPAN margining system to establish
performance bond or ``margin'' requirements for OTC USD/CLP NDFs.
Initial performance bond requirements are established at levels that
are consistent with observed levels of volatility in the particular
currency pairing and generally aligned with initial margin levels
applied to current CME FX futures and option contracts, where
applicable, which is not the current case with the cleared OTC CLP/CLP
products, where there is no USD/CLP futures contract. These risk
components of the clearing system are unchanged with implementation of
``cash mark to market'' rather than ``collateralization mark to
market''. However, it should be noted that the administration of the
new margin regime will require a daily mark-to-market on a cash basis,
similar to traded FX futures. Variation margins may be satisfied with
the posting of appropriate amounts of collateral, where CME Clearing
collects and pays in cash between the counterparties each day.
    CME Clearing will accept as collateral cash or any other
instruments currently designated as approved collateral for posting for
performance bonds. In order to calculate variation requirements,
settlement prices are established for each contract and for each
delivery date referencing data collected from a variety of market
sources.
    Pursuant to Commodity Futures Trading Commission (``CFTC'')
regulations, the changes in the applicable performance bond regime have
been interpreted by CME as being subject to CFTC Regulation 40.6(d),
requiring a self certification filing to the CFTC, although no change
to text of the CME rulebook is required. As such, the changes that are
the subject of this filing and that are necessary to establish the new
``cash mark to market'' performance bond regime are changes to CME
operational procedures only. CME notes that it has already certified
the proposed changes that are the subject of this filing to its primary
regulator, the CFTC.
    CME believes the proposed 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
the 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 a range of FX OTC 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 email to<EMAIL_ADDRESS>Please include
File No. SR-CME-2011-14 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-2011-14. 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
a.m. and 3 p.m. 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-2011-14 and should be
submitted on or before November 22, 2011.

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

    In its filing, CME requested that the Commission approve this
request on an accelerated basis, for good cause shown. CME has
articulated three reasons for granting this request on an accelerated
basis. One, the products covered by this filing, and CME's operations
as a derivatives clearing organization for such products, are regulated
by the CFTC under the CEA. Two, the proposed rule changes relate solely
to FX swap products and therefore relate solely to its swaps clearing
activities and do not significantly relate to CME's functions as a
clearing agency for security-based swaps. Three, not approving this
request on an accelerated basis will have a significant impact on the
swap clearing business of CME as a designated clearing organization.
    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 foreign currency contracts, thereby promoting the prompt and
accurate clearance and settlement of derivative agreements, contracts,
and transactions.\6\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 foreign currency contracts 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-2011-14) is approved on an
accelerated basis.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(2).
    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\8\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-28209 Filed 10-31-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Notices]
[Page 32770]
[FR Doc No: 2016-12122]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4270-DR; Docket ID FEMA-2016-0001]

Arkansas; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Arkansas (FEMA-4270-DR), dated May 6, 2016,
and related determinations.

DATES: Effective Date: May 6, 2016.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated May 6, 2016, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Arkansas resulting from severe storms, tornadoes, straight-line
winds, and flooding during the period of March 8-13, 2016, is of
sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Arkansas.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Charles Maskell, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Arkansas have been designated
as adversely affected by this major disaster:

    Arkansas, Ashley, Bradley, Calhoun, Chicot, Cleveland, Columbia,
Desha, Lincoln, Ouachita, Phillips, and Prairie Counties for Public
Assistance.
    All areas within the State of Arkansas are eligible for
assistance under the Hazard Mitigation Grant Program.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-12122 Filed 5-23-16; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Notices]
[Pages 47657-47659]
[FR Doc No: 2018-20408]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33228; File No. 812-14875]

Exact Sciences Corporation

September 14, 2018.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice.

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    Notice of application for an order under Section 3(b)(2) of the
Investment Company Act of 1940 (``Act'').
    Applicant: Exact Sciences Corporation.
    Summary of Application: Applicant seeks an order under Section
3(b)(2) of the Act declaring it to be primarily engaged in a business
other than that of investing, reinvesting, owning, holding or trading
in securities. Applicant is in the business of producing and developing
screening and diagnostic tests for the early detection and prevention
of certain cancers.
    Filing Dates: The application was filed on January 30, 2018 and
amended on June 1, 2018, July 6, 2018 and August 24, 2018.
    Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicant with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on October 10, 2018 and should be accompanied by proof of
service on Applicant, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street
NE, Washington, DC 20549-1090. Applicant, 441 Charmany Drive, Madison,
Wisconsin 53719.

FOR FURTHER INFORMATION CONTACT: Rochelle Kauffman Plesset, Senior
Counsel, at<PHONE_NUMBER>, or Nadya B. Roytblat, Assistant Chief
Counsel, at<PHONE_NUMBER> (Division of Investment Management, Chief
Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's website by searching for the file number, or applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Applicant's Representations

    1. Formed in 1995, Applicant is a Delaware corporation that is in
the business of developing, clinical testing, marketing and
commercializing cancer and pre-cancer screening and diagnostic tests.
Applicant currently manufactures a non-invasive, patient-friendly
screening test called Cologuard and provides it to patients on a
prescription-only basis through its clinical laboratory. Applicant is
also currently working on the development of additional tests for other
types of cancers.
    2. Applicant states that companies in the heathcare sector such as
itself generally need significant liquid capital to finance their
operations and meet high production, commercialization and regulatory
costs. Such companies often spend a significant proportion of their
revenues on research and development (``R&D'') in order to bring a
product to market and to bring products through the Food and Drug
Administration's (``FDA'') approval process.
    3. Applicant states that it currently depends on raised capital to
finance operations and continued growth but ultimately seeks to
generate cash from its operations to support its business. Applicant
states that it has successfully raised capital to finance its
operations and commercialization of Cologuard in large part through
various public offerings of its debt and equity securities. Applicant
seeks to preserve its capital and maintain liquidity, pending the use
of such capital to support its business operations, by investing in
short-term investment grade and liquid fixed income and money market
instruments that earn competitive market returns and provide a low
level of credit risk (``Capital Preservation Investments''). Applicant
also, to a limited extent, makes strategic investments in companies
that are complementary to its core business. Applicant's board of
directors oversees Applicant's investment practices and defines the
parameters for investment activities. Applicant does not invest in
securities for short-term speculative purposes.

Applicant's Legal Analysis

    1. Applicant seeks an order under Section 3(b)(2) of the Act
declaring that it is primarily engaged in a business other than that of
investing, reinvesting, owning, holding or trading in securities and
therefore is not an investment company as defined in the Act.
    2. Section 3(a)(l)(A) of the Act defines the term ``investment
company'' to include an issuer that is or holds itself out as being
engaged primarily, or proposes to engage primarily, in the business of
investing, reinvesting or trading in securities. Section 3(a)(l)(C) of
the Act further defines an investment company as an issuer that is
engaged or proposes to engage in the business of investing,
reinvesting, owning, holding or trading in securities, and owns or
proposes to acquire investment securities having a value in excess of
40% of the value of the issuer's total assets (exclusive of Government
securities and cash items) on an unconsolidated basis. Section 3(a)(2)
of the Act defines ``investment securities'' to include all securities
except Government securities, securities issued by employees'
securities companies, and securities issued by majority-owned
subsidiaries of the owner which (a) are not investment companies and
(b) are not relying on the exclusions from the definition of investment
company in Section 3(c)(1) or Section 3(c)(7) of the Act. While
Applicant states that it does not hold itself out as being engaged
primarily in the business of investing, reinvesting or trading in
securities, Applicant states that it consistently holds investment
securities that exceed 40% of its total assets on an unconsolidated
basis (exclusive of Government securities and cash items). Applicant
states that it therefore falls within the definition of investment
company under Section 3(a)(l)(C) of the Act.
    3. Rule 3a-8 under the Act provides an exclusion from the
definition of investment company if, among other factors, a company's
R&D expenses are a substantial percentage of its total expenses for the
last four fiscal quarters combined. While Applicant believes that it
complies with the conditions of Rule 3a-8, Applicant is concerned that
its R&D expenses, while substantial in absolute terms, may not be
substantial as a ratio of overall expenses, particularly given the
expense increase in connection with the commercialization of Cologuard.
Applicant's R&D expenses as a ratio of

total expenses have declined from a high of 74% of total expenses in
2012 to approximately 11% of total expenses for year-end 2017 and 12%
as of March 31, 2018. Applicant explains that since the FDA's approval
of Cologuard, Applicant has devoted more resources to sales and
marketing. Although Applicant's R&D expenses have generally increased
or remained steady overtime, its overall expenses have
disproportionately increased, causing a decline in the ratio of R&D
expenses to overall expenses. While Applicant expects to increase
funding for R&D for other products, it also expects to increase funding
with respect to the commercialization of Cologuard. Thus, Applicant
does not expect its additional funding for R&D to cause a significant
increase in the ratio of R&D funding to overall expenses.
    4. Section 3(b)(2) of the Act provides that, notwithstanding
Section 3(a)(l)(C) of the Act, the Commission may issue an order
declaring an issuer to be primarily engaged in a business other than
that of investing, reinvesting, owning, holding, or trading in
securities directly, through majority-owned subsidiaries, or controlled
companies conducting similar types of businesses. Applicant requests an
order under Section 3(b)(2) of the Act declaring that it is primarily
engaged in a business other than that of investing, reinvesting,
owning, holding or trading in securities, and therefore is not an
investment company as defined in the Act.
    5. In determining whether an issuer is ``primarily engaged'' in a
non-investment company business under Section 3(b)(2) of the Act, the
Commission considers the following factors: (a) The company's
historical development, (b) its public representations of policy, (c)
the activities of its officers and directors, (d) the nature of its
present assets, and (e) the sources of its present income.\1\
---------------------------------------------------------------------------

    \1\ Tonopah Mining Company of Nevada, 26 SEC 426, 427 (1947).
---------------------------------------------------------------------------

    6. Applicant submits that it satisfies the criteria for issuance of
an order under Section 3(b)(2) of the Act because Applicant is
primarily engaged in the business of developing, testing, marketing and
commercializing cancer and pre-cancer diagnostic screening tests and
not in the business of investing, reinvesting, owning, holding or
trading in securities.
    a. Historical Development. Applicant states that since its
inception in 1995 it has operated in the healthcare sector to develop
and commercialize cancer and pre-cancer screening and diagnostic tests.
Applicant has focused its strategic opportunities in developing a
screening test for colorectal cancer, culminating in the development of
Cologuard, which received FDA approval in 2014. Since 2014, Applicant
has been engaged in sales and marketing Cologuard and has begun
research and development on testing related to other types of cancers.
Applicant has nine wholly-owned subsidiaries, each of which is an
operating company integrally related to Applicant's business. Applicant
has never sold any of its subsidiaries since inception.
    b. Public Representations of Policy. Applicant states it has never
made any public representations that would indicate that it is in any
business other than developing and commercializing cancer screening
technologies. Applicant represents that it has never held and does not
now hold itself out as an investment company within the meaning of the
Act. Applicant states that all annual reports, web postings, press
releases and written communications issued by Applicant have related to
its business as a cancer screening and diagnostics company. Applicant
further states that its public representations make clear that
shareholders invest in the Applicant's securities with the expectation
of realizing gains from Applicant's development and commercialization
of cancer-screening and diagnostic technologies and not from returns on
an investment portfolio. Applicant's only public representations
regarding its investment securities are those required to be disclosed
in public filings with the Commission.
    c. Activities of Officers and Directors. Applicant represents that
its board of directors and officers devote substantially all of their
time managing Applicant's business as a cancer screening and
diagnostics company. Applicant states that its management and corporate
governance structure is comprised of professionals with expertise in
technology, science, medicine, life science/biotechnology, and
government. Applicant states that day-to-day management of the Capital
Preservation Investments is handled by external asset managers
consistent with investment guidelines adopted by the Applicant's board
of directors on an annual basis. Applicant states that while the board
of directors may review strategic investments in companies that are
complementary to the Applicant's business, these reviews are made for
long-term business, not speculative investment strategies. None of the
members of management or the board of directors, even when reviewing
strategic investments, spends or proposes to spend more than 1% of his
or her time on any securities investment activities on behalf of the
Applicant. They, along with the Applicant's approximately 1,268 full-
time employees, are dedicated to the production and commercialization
of Cologuard and the development of new cancer screening and diagnostic
products.
    d. Nature of Assets. Applicant states that as of March 31, 2018,
Applicant's investment securities constituted approximately 79% of its
total assets (excluding Government securities and cash items) on an
unconsolidated basis.\2\ Furthermore, more than 99% of its investment
securities consisted of Capital Preservation Investments. Applicant's
remaining investment securities consist of a strategic investment in a
company whose business is complementary to the Applicant's business.
Applicant anticipates that its investment securities other than Capital
Preservation Investments will not exceed 10% of its total
unconsolidated assets (excluding Government securities and cash items)
in the future. Applicant uses current assets, including its Capital
Preservation Investments, to finance its continued R&D program and
operations in connection with the commercialization of Cologuard.
---------------------------------------------------------------------------

    \2\ Applicant states that none of its subsidiaries owns
investment securities.
---------------------------------------------------------------------------

    e. Sources of Income and Revenue. Applicant represents that since
its inception it has had net operating losses. It does, however, derive
income from its investment securities.
    Applicant states that, particularly given its commercialization of
Cologuard, a review of its current sources of revenues provides a more
accurate picture of its operating company status. Applicant states
that, for the year ended December 31, 2017, Applicant had approximately
$266 million of revenues attributable to Cologuard. For the three
months ended March 31, 2018, Cologuard revenues were approximately
$90.3 million. In contrast, Applicant earned $3.9 million in net
investment income in 2017, and $3.7 million for the three months ended
March 31, 2018, all derived from Capital Preservation Investments.\3\
Applicant states that if investment income were compared to its
revenues from Cologuard, it would account for less than 2%. Applicant
states it does not expect its net investment income to exceed 2% of its
revenues over the long term.
---------------------------------------------------------------------------

    \3\ Applicant states that it has not, and does not expect to,
earn investment income from its strategic investment.

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

    7. Applicant asserts that its historical development, its public
representations of policy, the activities of its officers and
directors, the nature of its assets and its sources of income and
revenue, as discussed in the application, demonstrate that it is
engaged primarily in a business other than that of investing,
reinvesting, owning, holding or trading securities. Applicant thus
asserts that it satisfies the criteria for issuing an order under
Section 3(b)(2) of the Act.

Applicant's Conditions

    Applicant agrees that any order granted pursuant to the application
will be subject to the following conditions:
    1. Applicant will continue to allocate and use its accumulated cash
and investment securities for bona fide business purposes; and
    2. Applicant will refrain from investing or trading in securities
for short-term speculative purposes.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-20408 Filed 9-19-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 130 (Friday, July 8, 2022)]
[Notices]
[Page 40877]
[FR Doc No: 2022-14561]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2010-0049]

North County Transit District's Request To Amend Its Positive
Train Control Safety Plan and Positive Train Control System

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of availability and request for comments.

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SUMMARY: This document provides the public with notice that, on June
22, 2022, North County Transit District (NCTD) submitted a request for
amendment (RFA) to its FRA-approved Positive Train Control Safety Plan
(PTCSP). As this RFA may involve a request for FRA's approval of
proposed material modifications to an FRA-certified positive train
control (PTC) system, FRA is publishing this notice and inviting public
comment on the railroad's RFA to its PTCSP.

DATES: FRA will consider comments received by July 28, 2022. FRA may
consider comments received after that date to the extent practicable
and without delaying implementation of valuable or necessary
modifications to a PTC system.

ADDRESSES:
    Comments: Comments may be submitted by going to https://www.regulations.gov and following the online instructions for
submitting comments.
    Instructions: All submissions must include the agency name and the
applicable docket number. The relevant PTC docket number for this host
railroad is Docket No. FRA-2010-0049. For convenience, all active PTC
dockets are hyperlinked on FRA's website at https://railroads.dot.gov/train-control/ptc/ptc-annual-and-quarterly-reports. All comments
received will be posted without change to https://www.regulations.gov;
this includes any personal information.

FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal,
Train Control, and Crossings Division, telephone:<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION: In general, Title 49 United States Code
(U.S.C.) Section 20157(h) requires FRA to certify that a host
railroad's PTC system complies with Title 49 Code of Federal
Regulations (CFR) part 236, subpart I, before the technology may be
operated in revenue service. Before making certain changes to an FRA-
certified PTC system or the associated FRA-approved PTCSP, a host
railroad must submit, and obtain FRA's approval of, an RFA to its PTCSP
under 49 CFR 236.1021.
    Under 49 CFR 236.1021(e), FRA's regulations provide that FRA will
publish a notice in the Federal Register and invite public comment in
accordance with 49 CFR part 211, if an RFA includes a request for
approval of a material modification of a signal and train control
system. Accordingly, this notice informs the public that, on June 22,
2022, NCTD submitted an RFA to its PTCSP for its Interoperable
Electronic Train Management System (I-ETMS) and that RFA is available
in Docket No. FRA-2010-0049.
    Interested parties are invited to comment on NCTD's RFA to its
PTCSP by submitting written comments or data. During FRA's review of
this railroad's RFA, FRA will consider any comments or data submitted
within the timeline specified in this notice and to the extent
practicable, without delaying implementation of valuable or necessary
modifications to a PTC system. See 49 CFR 236.1021; see also 49 CFR
236.1011(e). Under 49 CFR 236.1021, FRA maintains the authority to
approve, approve with conditions, or deny a railroad's RFA to its PTCSP
at FRA's sole discretion.

Privacy Act Notice

    In accordance with 49 CFR 211.3, FRA solicits comments from the
public to better inform its decisions. DOT posts these comments,
without edit, including any personal information the commenter
provides, to https://www.regulations.gov, as described in the system of
records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov. To facilitate
comment tracking, we encourage commenters to provide their name, or the
name of their organization; however, submission of names is completely
optional. If you wish to provide comments containing proprietary or
confidential information, please contact FRA for alternate submission
instructions.

    Issued in Washington, DC.
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and Technology.
[FR Doc. 2022-14561 Filed 7-7-22; 8:45 am]
BILLING CODE 4910-06-P