Public Meeting on Implementation of the North American Standard for Cargo Securement, 16884-16885 [05-6488]

Download as PDF 16884 Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Notices SECURITIES AND EXCHANGE COMMISSION announcing the account cessation or withdrawal effective date. [Release No. 34–51440; File No. SR–FICC– 2004–23] III. Discussion Self-Regulatory Organizations; Fixed Income Clearing Corporation; Order Granting Approval of a Proposed Rule Change To Change the Notice Period Required for the Closing of Participant Accounts or Withdrawing From Membership in Its Mortgage-Backed Securities Division March 28, 2005. I. Introduction On November 22, 2004, the Fixed Income Clearing Corporation (‘‘FICC’’) filed with the Securities and Exchange Commission (‘‘Commission’’) proposed rule change File No. SR–FICC–2004–23 pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’).1 Notice of the proposed rule change was published in the Federal Register on February 22, 2005.2 No comment letters were received. For the reasons discussed below, the Commission is now granting approval of the proposed rule change. II. Description The purpose of the rules change is to amend the timeframe in which a participant, limited purpose participant, or EPN user can cease to maintain an account or can voluntarily withdraw as a participant from the Mortgage-Backed Securities Division (‘‘MBSD’’) of FICC. Currently, the MBSD’s Rules expressly state that in order to cease to maintain an account or to voluntarily withdraw as a participant, a participant must notify FICC of its intent to do so in writing and that thereafter FICC management and the participant must wait ten days for the cessation or withdrawal to become effective. Upon review, FICC has determined that imposing this mandatory time period is unnecessary. FICC believes it should have the flexibility to close an account or to permit withdrawal within a shorter period. The rule changes provide this flexibility by providing that: (1) A participant must provide ten days’ written notice of account cessation or withdrawal from membership but the MBSD can accept termination within a shorter period; (2) the requested account cessation or withdrawal would not be effective until accepted by the MBSD; and (3) the MBSD’s acceptance will be evidenced by a notice to all members Section 17A(b)(3)(F) of the Act requires that the rules of a clearing agency be designed to assure the safeguarding of securities and funds which are in the custody or control of the clearing agency or for which it is responsible.3 The Commission finds that FICC’s proposed rule change is consistent with this requirement because while it will provide the FICC with greater flexibility with respect to closing accounts of participants and to permitting the voluntary withdrawal of participants, it has been designed with sufficient safeguards to allow the MBSD to continue to safeguard the securities and funds in its custody and control or for which it is responsible. IV. Conclusion On the basis of the foregoing, the Commission finds that the proposed rule change is consistent with the requirements of the Act and in particular section 17A of the Act and the rules and regulations thereunder. It is therefore ordered, pursuant to section 19(b)(2) of the Act,4 that the proposed rule change (File No. SR– FICC–2004–23) be and hereby is approved. For the Commission by the Division of Market Regulation, pursuant to delegated authority.5 Margaret H. McFarland, Deputy Secretary. [FR Doc. E5–1457 Filed 3–31–05; 8:45 am] BILLING CODE 8010–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Public Meeting on Implementation of the North American Standard for Cargo Securement Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of public meeting. AGENCY: SUMMARY: FMCSA announces a public meeting concerning implementation of the North American Standard for Protection Against Shifting or Falling Cargo. The meeting’s purpose is to discuss a process for ensuring consistent interpretation of the harmonized cargo securement standards by FMCSA and 1 15 3 15 2 Securities 4 15 U.S.C. 78q–1(b)(3)(F). U.S.C. 78s(b)(2). 5 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). Exchange Act Release No. 51206 (February 15, 2005), 70 FR 8648. VerDate jul<14>2003 17:15 Mar 31, 2005 Jkt 205001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 the Canadian Provinces, such as interpretation issues raised by U.S. enforcement agencies and motor carriers and potential implementation issues for Canadian Provinces and motor carriers operating in Canada. On September 27, 2002, FMCSA published a final rule revising its regulations on cargo securement for commercial motor vehicles (CMVs) operated in interstate commerce; and motor carriers were given until January 1, 2004 to comply with the new regulations. The agency’s new standards were based on the North American Cargo Securement Standard Model Regulations, which reflected at the time the results of a multi-year comprehensive research program to evaluate U.S. and Canadian cargo securement regulations, motor carrier industry best practices, and recommendations from public meetings involving U.S. and Canadian industry experts, Federal, State, and Provincial enforcement officials, and other interested parties. Since then, Canada’s Council of Ministers Responsible for Transportation and Highway Safety approved a new National Safety Code Standard for cargo securement (September 23, 2004). Full implementation of Canada’s new cargo securement requirements is expected by this summer. DATES: April 21–22, 2005. The public meeting begins on April 21, from 1 p.m. to 5 p.m., and on April 22, from 8 a.m. to 5 p.m. ADDRESSES: The meeting is at the Albuquerque Convention Center, 401 Second Street NW., Albuquerque, New Mexico. FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Director of the Office of Bus and Truck Standards and Operations, FMCSA, phone (202) 366– 4009; FAX to (202) 366–8842; or e-mail: Larry.Minor@fmcsa.dot.gov. SUPPLEMENTARY INFORMATION: Background FMCSA published a final rule revising its regulations concerning protection against shifting and falling cargo for CMVs operated in interstate commerce, on September 27, 2002 (67 FR 61212). Motor carriers had until January 1, 2004 to comply with the new regulations. The regulations were intended to reduce the number of crashes caused by cargo shifting on or within, or falling from, CMVs operating in interstate commerce, and to harmonize U.S., Canadian, and Mexican cargo securement regulations. On September 23, 2004, Canada’s Council of Ministers Responsible for E:\FR\FM\01APN1.SGM 01APN1 Federal Register / Vol. 70, No. 62 / Friday, April 1, 2005 / Notices Transportation and Highway Safety approved a new National Safety Code Standard for cargo securement. The new Canadian securement requirements are expected to be fully implemented by this summer, 2005. Maintaining Uniformity Between U.S. and Canadian Cargo Securement Standards FMCSA believes it is necessary to continue working with U.S. and Canadian industry experts, Federal, State, and Provincial enforcement officials and other interested parties to maintain harmonization of U.S. and Canadian cargo securement standards. A major part of this effort includes uniformity in interpreting the meaning of requirements adopted by the U.S. and Canada. While there are some differences between certain provisions adopted by FMCSA and Canada’s National Safety Code Standard 10, the contents of most of the Model Regulations have been adopted, or will be adopted shortly, by almost all jurisdictions in the U.S. and Canada. To ensure consistency in the interpretation and enforcement of the requirements, FMCSA is working with its Canadian partners to develop a process for sharing information about requests for interpretation, and exchanging technical information that will be helpful to the regulatory agencies in developing their responses to such requests. FMCSA will continue to work with its Canadian partners to ensure that interpretations are provided in an efficient and timely manner to all interested parties. As a first step, FMCSA is holding a public meeting to provide all interested parties an opportunity to participate in discussions between the agency and its Canadian counterparts about interpretations and other implementation issues. Additional Meeting Information The meeting is on April 21–22, 2005, at the Albuquerque Convention Center (Enchantment 1 Room), 401 Second Street NW., Albuquerque, New Mexico. On April 21, the meeting is from 1 to 5 p.m.; and on April 22, from 8 a.m. to 5 p.m. This meeting is free of charge and open to all interested parties. The public meeting is being held immediately after the Commercial Vehicle Safety Alliance’s (CVSA’s) 2005 Annual Conference ends. If you are interested in attending CVSA’s conference sessions and committee meetings, you must register with CVSA and pay the appropriate registration fee. For further information about registering, you should contact CVSA at (202) 775–1623. VerDate jul<14>2003 17:15 Mar 31, 2005 Jkt 205001 Issued on: March 28, 2005. Annette M. Sandberg, Administrator. [FR Doc. 05–6488 Filed 3–31–05; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. AGENCY: SUMMARY: The FMCSA announces its denial of 102 applications from individuals who requested an exemption from the Federal vision standard applicable to interstate truck drivers and the reasons for the denials. The FMCSA has statutory authority to exempt individuals from the vision standard if the exemptions granted will not compromise safety. The agency has concluded that granting these exemptions does not provide a level of safety that will equal or exceed the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Office of Bus and Truck Standards and Operations, (MC– PSD) 202–366–4001, Department of Transportation, FMCSA, 400 Seventh Street, SW., Washington, DC 20590– 0001. Office hours are 7:45 a.m. to 4:15 p.m. e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption from the Federal vision standard for a twoyear period if it finds such an exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such an exemption (49 CFR 381.305(a)). Accordingly, FMCSA evaluated 102 individual exemption requests on their merits and made a determination that these applicants do not satisfy the criteria established to demonstrate that granting an exemption is likely to achieve an equal or greater level of safety than exists without the exemption. Each applicant has, prior to this notice, received a letter of final disposition on his/her exemption request. Those decision letters fully outlined the basis for the denial and PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 16885 constitute final agency action. The list published today summarizes the agency’s recent denials as required under 49 U.S.C. § 31315(b)(4) by periodically publishing names and reasons for denials. The following 52 applicants lacked sufficient recent driving experience during the three-year period prior to the date of their application: Adkins, William I. Alejandro, Pablo Archambault, Gary E. Ash, Frederick J. Barber, Jr., Lonnie D. Bors, Allen G. Brooks, Marvin L. Burlitch, Donald L. Cleveland, Nathan P. Collins, Gary L. Cooper, Gregory L. Culverwell, Gerald L. Delain, Lash L. Dozier, Clifton Durer, James F. Else, Gerald G. Fischer, Matthew A. Frampton, James A. Gilleland, David J. Gravely, Donald G. Graves, Thomas Haas, Kenneth L. Hamilton, Jeffery A. Hill, Ray C. Hummel, Patrick B. Jackman, Norman Johnson, James L. Kelly, Danny J. Kopeshke, Edward M. Kuhr, Howard G. Lana, Carmelo Langford, William D. Leven, Hugh Logue, William H. Lohrbach, Carl A. May, Timothy G. Merritt, Russell S. Nickel V, William F. Pitta, Jr., Joe Polen, Floyd L. Provencher, Edwin J. Roslansky, Daniel F. Rushing, Rodger D. Schmitt, Stephen E. Silver, Sylvester Smith, Jr., Eddie J. Smith, James A. Tapp, Carolyn O. Towner, John C. Turner, Glen V. Wright, Forrest L. Zoeller, David D. The following seven applicants do not have experience operating a CMV and presented no evidence from which FMCSA can conclude that granting the exemption is likely to achieve a level of safety equal to that existing without the exemption: E:\FR\FM\01APN1.SGM 01APN1

Agencies

[Federal Register Volume 70, Number 62 (Friday, April 1, 2005)]
[Notices]
[Pages 16884-16885]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6488]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration


Public Meeting on Implementation of the North American Standard 
for Cargo Securement

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

ACTION: Notice of public meeting.

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SUMMARY: FMCSA announces a public meeting concerning implementation of 
the North American Standard for Protection Against Shifting or Falling 
Cargo. The meeting's purpose is to discuss a process for ensuring 
consistent interpretation of the harmonized cargo securement standards 
by FMCSA and the Canadian Provinces, such as interpretation issues 
raised by U.S. enforcement agencies and motor carriers and potential 
implementation issues for Canadian Provinces and motor carriers 
operating in Canada.
    On September 27, 2002, FMCSA published a final rule revising its 
regulations on cargo securement for commercial motor vehicles (CMVs) 
operated in interstate commerce; and motor carriers were given until 
January 1, 2004 to comply with the new regulations. The agency's new 
standards were based on the North American Cargo Securement Standard 
Model Regulations, which reflected at the time the results of a multi-
year comprehensive research program to evaluate U.S. and Canadian cargo 
securement regulations, motor carrier industry best practices, and 
recommendations from public meetings involving U.S. and Canadian 
industry experts, Federal, State, and Provincial enforcement officials, 
and other interested parties. Since then, Canada's Council of Ministers 
Responsible for Transportation and Highway Safety approved a new 
National Safety Code Standard for cargo securement (September 23, 
2004). Full implementation of Canada's new cargo securement 
requirements is expected by this summer.

DATES: April 21-22, 2005. The public meeting begins on April 21, from 1 
p.m. to 5 p.m., and on April 22, from 8 a.m. to 5 p.m.

ADDRESSES: The meeting is at the Albuquerque Convention Center, 401 
Second Street NW., Albuquerque, New Mexico.

FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Director of the 
Office of Bus and Truck Standards and Operations, FMCSA, phone (202) 
366-4009; FAX to (202) 366-8842; or e-mail: Larry.Minor@fmcsa.dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA published a final rule revising its regulations concerning 
protection against shifting and falling cargo for CMVs operated in 
interstate commerce, on September 27, 2002 (67 FR 61212). Motor 
carriers had until January 1, 2004 to comply with the new regulations. 
The regulations were intended to reduce the number of crashes caused by 
cargo shifting on or within, or falling from, CMVs operating in 
interstate commerce, and to harmonize U.S., Canadian, and Mexican cargo 
securement regulations. On September 23, 2004, Canada's Council of 
Ministers Responsible for

[[Page 16885]]

Transportation and Highway Safety approved a new National Safety Code 
Standard for cargo securement. The new Canadian securement requirements 
are expected to be fully implemented by this summer, 2005.

Maintaining Uniformity Between U.S. and Canadian Cargo Securement 
Standards

    FMCSA believes it is necessary to continue working with U.S. and 
Canadian industry experts, Federal, State, and Provincial enforcement 
officials and other interested parties to maintain harmonization of 
U.S. and Canadian cargo securement standards. A major part of this 
effort includes uniformity in interpreting the meaning of requirements 
adopted by the U.S. and Canada. While there are some differences 
between certain provisions adopted by FMCSA and Canada's National 
Safety Code Standard 10, the contents of most of the Model Regulations 
have been adopted, or will be adopted shortly, by almost all 
jurisdictions in the U.S. and Canada. To ensure consistency in the 
interpretation and enforcement of the requirements, FMCSA is working 
with its Canadian partners to develop a process for sharing information 
about requests for interpretation, and exchanging technical information 
that will be helpful to the regulatory agencies in developing their 
responses to such requests. FMCSA will continue to work with its 
Canadian partners to ensure that interpretations are provided in an 
efficient and timely manner to all interested parties.
    As a first step, FMCSA is holding a public meeting to provide all 
interested parties an opportunity to participate in discussions between 
the agency and its Canadian counterparts about interpretations and 
other implementation issues.

Additional Meeting Information

    The meeting is on April 21-22, 2005, at the Albuquerque Convention 
Center (Enchantment 1 Room), 401 Second Street NW., Albuquerque, New 
Mexico. On April 21, the meeting is from 1 to 5 p.m.; and on April 22, 
from 8 a.m. to 5 p.m. This meeting is free of charge and open to all 
interested parties.
    The public meeting is being held immediately after the Commercial 
Vehicle Safety Alliance's (CVSA's) 2005 Annual Conference ends. If you 
are interested in attending CVSA's conference sessions and committee 
meetings, you must register with CVSA and pay the appropriate 
registration fee. For further information about registering, you should 
contact CVSA at (202) 775-1623.

    Issued on: March 28, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. 05-6488 Filed 3-31-05; 8:45 am]
BILLING CODE 4910-EX-P

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