42552 Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices 

29 17 CFR 200.30–3(a)(12). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.29

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2018–18062 Filed 8–21–18; 8:45 am] 

BILLING CODE P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release Nos. 33–10531; 34–83874; File No. 

265–28] 

Investor Advisory Committee Meeting 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Notice of meeting of Securities 

and Exchange Commission Dodd-Frank 

Investor Advisory Committee. 

SUMMARY: The Securities and Exchange 

Commission Investor Advisory 

Committee, established pursuant to 

Section 911 of the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act of 2010, is providing notice that it 

will hold a public meeting. The public 

is invited to submit written statements 

to the Committee. 

DATES: The meeting will be held on 

Thursday, September 13, 2018 from 9:00 

a.m. until 3:30 p.m. (ET). Written 

statements should be received on or 

before September 13, 2018. 

ADDRESSES: The meeting will be held in 

Multi-Purpose Room LL–006 at the 

Commission’s headquarters, 100 F 

Street NE, Washington, DC 20549. The 

meeting will be webcast on the 

Commission’s website at www.sec.gov. 

Written statements may be submitted by 

any of the following methods: 

Electronic Statements 

D Use the Commission’s internet 

submission form (http://www.sec.gov/ 

rules/other.shtml); or 

D Send an email message to rulescomments@sec.gov. Please include File 

No. 265–28 on the subject line; or 

Paper Statements 

D Send paper statements to Brent J. 

Fields, Secretary, Securities and 

Exchange Commission, 100 F Street NE, 

Washington, DC 20549–1090. 

All submissions should refer to File No. 

265–28. This file number should be 

included on the subject line if email is 

used. To help us process and review 

your statement more efficiently, please 

use only one method. 

Statements also will be available for 

website viewing and printing in the 

Commission’s Public Reference Room, 

100 F Street NE, Room 1503, 

Washington, DC 20549, on official 

business days between the hours of 

10:00 a.m. and 3:00 p.m. All statements 

received will be posted without change. 

Persons submitting comments are 

cautioned that we do not redact or edit 

personal identifying information from 

comment submissions. You should 

submit only information that you wish 

to make available publicly. 

FOR FURTHER INFORMATION CONTACT: 

Marc Oorloff Sharma, Chief Counsel, 

Office of the Investor Advocate, at (202) 

551–3302, Securities and Exchange 

Commission, 100 F Street NE, 

Washington, DC 20549. 

SUPPLEMENTARY INFORMATION: The 

meeting will be open to the public, 

except during that portion of the 

meeting reserved for an administrative 

work session during lunch. Persons 

needing special accommodations to take 

part because of a disability should 

notify the contact person listed in the 

section above entitled FOR FURTHER

INFORMATION CONTACT. 

The agenda for the meeting includes: 

remarks from Commissioners; a 

discussion regarding the U.S. proxy 

voting infrastructure; a discussion 

regarding the Commission’s Proposed 

Transaction Fee Pilot in NMS stocks 

(which may include a recommendation 

of the Market Structure Subcommittee); 

a discussion regarding the implications 

of passive investing; subcommittee 

reports; and a nonpublic administrative 

work session during lunch. 

Dated: August 17, 2018. 

Eduardo A. Aleman, 

Assistant Secretary. 

[FR Doc. 2018–18131 Filed 8–21–18; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice: 10514] 

Certification Related to Foreign Military 

Financing for Colombia Under Section 

7045(B)(6) of the Department of State, 

Foreign Operations, and Related 

Programs Appropriations Act, 2018 

Pursuant to the authority vested in the 

Secretary of State, including under 

section 7045(b)(6) of the Department of 

State, Foreign Operations, and Related 

Programs Appropriations Act, 2018 

(Div. K, Pub. L. 115–141) and Senate 

Report 115–152, I hereby certify and 

report that: 

(1) the Peace Tribunal and other 

judicial bodies within the special 

jurisdiction for peace are independent 

and have authority to document ‘‘truth 

declarations’’ from perpetrators of gross 

violations of human rights and to 

sentence such perpetrators to 

meaningful sanctions, including 

guarantee of non-repetition and 

deprivation of liberty; 

(2) the Government of Colombia is 

continuing to dismantle illegal armed 

groups, taking effective steps to protect 

the rights of human rights defenders, 

journalists, trade unionists, and other 

civil society activists, and protecting the 

rights and territory of indigenous and 

Afro-Colombian communities; and 

(3) military personnel responsible for 

ordering, committing, or covering up 

cases of false positives are being 

prosecuted and appropriately punished, 

including removal from positions of 

command. 

This Certification shall be published 

in the Federal Register and, along with 

the accompanying Report and 

Memorandum of Justification, shall be 

transmitted to the appropriate 

committees of Congress. 

Dated: August 11, 2018. 

Michael R. Pompeo, 

Secretary of State. 

[FR Doc. 2018–18086 Filed 8–21–18; 8:45 am] 

BILLING CODE 4710–29–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0098] 

Parts and Accessories Necessary for 

Safe Operation; Application for an 

Exemption From Traditional Trucking 

Corporation 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) 

announces its decision to grant 

Traditional Trucking Corporation’s 

(TTC) application for a limited 5-year 

exemption on behalf of motor carriers 

operating commercial motor vehicles 

(CMVs) to allow a Global Positioning 

System (GPS) device to be mounted on 

the interior of the windshield of a CMV 

within the areas allowed for ‘‘vehicle 

safety technology’’ devices. The Agency 

has determined that the placement of 

the GPS device in the windshield area 

would not have an adverse impact on 

safety, and that adherence to the terms 

and conditions of the exemption would 

achieve a level of safety equivalent to or 

greater than the level of safety provided 

by the regulation. 


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Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices 42553 

DATES: This exemption is effective 

August 22, 2018 and ending August 22, 

2023. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Luke Loy, Vehicle and Roadside 

Operations Division, Office of Carrier, 

Driver, and Vehicle Safety, MC–PSV, 

(202) 366–0676, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. 

Docket: For access to the docket to 

read background documents or 

comments submitted to notice 

requesting public comments on the 

exemption application, go to 

www.regulations.gov at any time or visit 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., ET, Monday through 

Friday, except Federal holidays. The online Federal document management 

system is available 24 hours each day, 

365 days each year. The docket number 

is listed at the beginning of this notice. 

SUPPLEMENTARY INFORMATION: 

Background 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 to grant exemptions 

from certain parts of the Federal Motor 

Carrier Safety Regulations. FMCSA must 

publish a notice of each exemption 

request in the Federal Register (49 CFR 

381.315(a)). The Agency must provide 

the public an opportunity to inspect the 

information relevant to the application, 

including any safety analyses that have 

been conducted. The Agency must also 

provide an opportunity for public 

comment on the request. 

The Agency reviews safety analyses 

and public comments submitted, and 

determines whether granting the 

exemption would likely achieve a level 

of safety equivalent to, or greater than, 

the level that would be achieved by the 

current regulation (49 CFR 381.305). 

The decision of the Agency must be 

published in the Federal Register (49 

CFR 381.315(b)) with the reasons for 

denying or granting the application and, 

if granted, the name of the person or 

class of persons receiving the 

exemption, and the regulatory provision 

from which the exemption is granted. 

The notice must also specify the 

effective period and explain the terms 

and conditions of the exemption. The 

exemption may be renewed (49 CFR 

381.300(b)). 

TTC’s Application for Exemption 

TTC applied for an exemption from 

49 CFR 393.60(e)(1)(i) to allow a GPS 

device to be mounted on the interior of 

the windshield of a CMV within the 

areas allowed for devices with ‘‘vehicle 

safety technology’’ as defined in the 

FMCSRs. A copy of the application in 

included in the docket referenced at the 

beginning of this notice. 

Section 393.60(e)(1)(i) of the FMCSRs 

prohibits the obstruction of the driver’s 

field of view by devices mounted on the 

interior of the windshield. Antennas 

and similar devices must not be 

mounted more than 152 mm (6 inches) 

below the upper edge of the windshield, 

and outside the driver’s sight lines to 

the road and highway signs and signals. 

Section 393.60(e)(1)(i) does not apply to 

vehicle safety technologies, as defined 

in 49 CFR 390.5, including a ‘‘a fleetrelated incident management system, 

performance or behavior management 

system, speed management system, lane 

departure warning system, forward 

collision warning or mitigation system, 

active cruise control system, and 

transponder.’’ Section 393.60(e)(1)(ii) 

requires devices with vehicle safety 

technologies to be mounted (1) not more 

than 100 mm (4 inches) below the upper 

edge of the area swept by the 

windshield wipers, or (2) not more than 

175 mm (7 inches) above the lower edge 

of the area swept by the windshield 

wipers, and outside the driver’s sight 

lines to the road and highway signs and 

signals. GPS is not a ‘‘vehicle safety 

technology’’ under the definition in the 

regulation, and, as such, GPS devices 

are not permitted to be mounted on the 

interior of the windshield and within 

the area swept by the windshield wipers 

TTC’s application stated: 

The exemption is necessary because the 

dash is not suitable for mounting the fixture 

to hold the GPS unit, and the location of the 

GPS unit (if mounted on the top of the dash) 

is in the same location as currently allowed 

for ‘‘vehicle safety technologies’’ mounted on 

the windshield. The GPS fixture cannot be 

mounted to the ‘‘face’’ of the control panel 

as that area is covered with controls and 

displays necessary for the operation of the 

commercial vehicle . . . 

We do not believe that there will be any 

potential impacts to safety due to the 

requested temporary exemption. The size of 

GPS units is approximately the same size as 

the currently allowed ‘‘vehicle safety 

technologies’’ and the current location is 

much lower within the CMV which takes the 

driver’s eyes farther from the road to 

determine his/her vehicle’s correct lane, 

bridge height, speed, etc. The current 

allowed location is a more unsafe operating 

condition. 

The exemption would be for any carrier 

who wishes to mount a GPS device on the 

windshield within the area defined for 

‘‘vehicle safety technology’’—not more than 

4 inches below the upper edge of the 

windshield wipers, and not more than 7 

inches above the lower edge of the area swept 

by the windshield wipers and outside the 

driver’s sight lines to the road and highway 

signs and signals. This would yield an 

equivalent level of safety for GPS devices as 

compared to those ‘‘vehicle safety 

technologies,’’ and it would be a potentially 

safer location than lower in the CMV where 

the driver must take his/her eyes off the road 

to look at the location of his CMV on the GPS 

device. Back in August of 2016, in the BASIC 

SMS, our Unsafe-driving category was in the 

cautionary status. Only one of the violations 

was not due to speeding; all of those with 

violations said it was due to a speed limit 

change and they were keeping with what 

they thought was the speed limit. GPS 

systems display the posted speed limit and 

flash in red when they are traveling above the 

posted speed limit. 

The exemption would apply to all 

CMV operators driving vehicles with 

GPS devices. TTC believes that the 

exemption will maintain a level of 

safety that is equivalent to, or greater 

than, the level of safety achieved 

without the exemption because the GPS 

device is approximately the same size as 

vehicle safety technology devices, and 

the current compliant mounting 

location is much lower in the vehicle 

which causes the driver to look away 

from the road to view the GPS device. 

Comments 

FMCSA published a notice of the 

application in the Federal Register on 

March 22, 2018, and asked for public 

comment (83 FR 12643). The Agency 

received eleven comments. Mr. Ben 

Biondi, Mr. Keith Neighbor, Mr. Robert 

Smith, Mr. Jeffrey Baumann, Mr. Marc 

Winooski, Mr. Kenneth Farnham, Mr. 

Tim Higgins, Mr. Randy Littleton, and 2 

anonymous commenters supported the 

exemption application. Several of these 

commenters stated that the GPS device 

should be allowed to be mounted on the 

windshield so the driver of the vehicle 

can obtain vehicle location information 

without taking their eyes off the road, 

and several believe that GPS should be 

considered a vehicle safety technology 

device under the regulation. One 

anonymous commenter opposed the 

exemption application, stating that GPS 

devices are not safety technologies, but 

rather luxury items meant only to be 

used as a convenience. 

FMCSA Decision 

The FMCSA has evaluated the TTC 

exemption application, and the 

comments received. The Agency 

believes that granting the temporary 

exemption to allow the placement of 

GPS devices in the same location 

permitted for vehicle safety technologies 

as identified in Section 393.60(e)(1)(ii), 

‘‘mounted (1) not more than 100 mm (4 

inches) below the upper edge of the area 

swept by the windshield wipers; or (2) 


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42554 Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Notices 

not more than 175 mm (7 inches) above 

the lower edge of the area swept by the 

windshield wipers; and (3) outside the 

driver’s sight lines to the road and 

highway signs and signals,’’ will 

provide a level of safety that is 

equivalent to, or greater than, the level 

of safety achieved without the 

exemption because (1) based on the 

technical information available, there is 

no indication that the GPS devices 

would obstruct drivers’ views of the 

roadway, highway signs and 

surrounding traffic; and (2) generally, 

trucks and buses have an elevated 

seating position that greatly improves 

the forward visual field of the driver, 

and there will be no impairment of 

available sight lines to the road and 

highway signs and signals. In addition, 

the Agency believes that the use of GPS 

devices by fleets is likely to improve the 

overall level of safety to the motoring 

public. 

This action is consistent with 

previous Agency action permitting the 

placement of vehicle safety technologies 

on CMVs outside the driver’s sight lines 

to the road and highway signs and 

signals. FMCSA is not aware of any 

evidence showing that the installation 

of other vehicle safety technologies 

mounted on the interior of the 

windshield has resulted in any 

degradation in safety. 

Section 392.80 of the FMCSRs 

prohibits (a) drivers from engaging in 

texting while driving, and (b) motor 

carriers from allowing or requiring its 

drivers to engage in texting while 

driving. The term ‘‘texting’’ is defined in 

section 390.5 of the FMCSRs as 

‘‘manually entering alphanumeric text 

into, or reading text from an electronic 

device,’’ and includes, but is not limited 

to, ‘‘short message service, emailing, 

instant messaging, a command or 

request to access a World Wide web 

page, pressing more than a single button 

to initiate or terminate a voice 

communication using a mobile 

telephone, or engaging in any other form 

of electronic text retrieval or entry, for 

present or future communication.’’ 

While the definition of ‘‘texting’’ in 

section 390.5 of the FMCSRs expressly 

excludes ‘‘Inputting, selecting, or 

reading information on a global 

positioning system or navigation 

system,’’ FMCSA strongly encourages 

CMV drivers utilizing GPS devices 

under this temporary exemption to 

minimize/avoid possible distraction 

associated with using these devices by 

(1) programming the device before 

starting to drive, (2) stopping to 

reprogram the device if necessary, and 

(3) enabling the voice command on the 

device (instead of muting it) to help 

avoid glancing at the device display. 

Terms and Conditions for the 

Exemption 

The Agency hereby grants the 

exemption for a 5-year period, 

beginning August 22, 2018 and ending 

August 22, 2023. During the temporary 

exemption period, motor carriers will be 

allowed to operate CMVs equipped with 

GPS devices mounted (1) not more than 

100 mm (4 inches) below the upper edge 

of the area swept by the windshield 

wipers; or (2) not more than 175 mm (7 

inches) above the lower edge of the area 

swept by the windshield wipers; and (3) 

outside the driver’s sight lines to the 

road and highway signs and signals. 

The exemption will be valid for 5 

years unless rescinded earlier by 

FMCSA. The exemption will be 

rescinded if: (1) Motor carriers and/or 

commercial motor vehicles fail to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136(e) and 

31315(b). 

Interested parties possessing 

information that would demonstrate 

that motor carriers operating GPS 

devices mounted on the windshield in 

the same location as vehicle safety 

technologies are not achieving the 

requisite statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any such 

information and, if safety is being 

compromised or if the continuation of 

the exemption is not consistent with 49 

U.S.C. 31136(e) and 31315(b), will take 

immediate steps to revoke the 

exemption. 

Preemption 

In accordance with 49 U.S.C. 

31313(d), as implemented by 49 CFR 

381.600, during the period this 

exemption is in effect, no State shall 

enforce any law or regulation applicable 

to interstate commerce that conflicts 

with or is inconsistent with this 

exemption with respect to a firm or 

person operating under the exemption. 

States may, but are not required to, 

adopt the same exemption with respect 

to operations in intrastate commerce. 

Issued on: August 15, 2018. 

Raymond P. Martinez, 

Administrator. 

[FR Doc. 2018–17977 Filed 8–21–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2018–0057] 

Agency Information Collection 

Activities; Proposals, Submissions, 

and Approvals 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), U.S. 

Department of Transportation (DOT). 

ACTION: Notice and request for 

comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, this 

notice announces that the Information 

Collection Request (ICR) below is being 

forwarded to the Office of Management 

and Budget (OMB) for review and 

comments. A Federal Register Notice 

with a 60-day comment period soliciting 

comments on the following information 

collection was published on April 16, 

2018. The agency received one relevant 

comment. 

DATES: Comments must be submitted on 

or before September 21, 2018. 

ADDRESSES: Send comments regarding 

the burden estimate, including 

suggestions for reducing the burden, to 

the Office of Management and Budget, 

Attention: Desk Officer for the Office of 

the Secretary of Transportation, 725 

17th Street NW, Washington, DC 20503. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Mazurowski, Office of 

Crashworthiness Standards, NRM–130, 

202–366–1012, National Highway 

Traffic Safety Administration, Room 

W43–445, Department of 

Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

Please identify the relevant collection of 

information by referring to its OMB 

Control Number. 

SUPPLEMENTARY INFORMATION: Before a 

Federal agency can collect certain 

information from the public, it must 

receive approval from the OMB. In 

compliance with those requirements, 

this notice announces that the following 

information collection request has been 

forwarded to OMB. 

Federal Motor Vehicle Safety 

Standard (FMVSS) No. 218, 

‘‘Motorcycle helmets,’’ requires that 

each helmet shall be labeled 

permanently and legibly in a manner 

such that the label(s) can be read easily 

without removing padding or any other 

permanent part. This collection pertains 

to the labeling requirements in FMVSS 

No. 218. 

NHTSA published a Federal Register 

notice requesting public comment on 


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