[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Rules and Regulations]
[Pages 23143-23144]
[FR Doc No: 2017-10335]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0364]

Drawbridge Operation Regulation; Lake Washington Ship Canal,
Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the University Bridge, mile 4.3, and
the Montlake Bridge, mile 5.2, both crossing Lake Washington Ship Canal
at Seattle, WA. The deviation is necessary to accommodate the ``Beat
the Bridge'' foot race event. This deviation allows the bridges to
remain in the closed-to-navigation position to allow for the safe
movement of event participants.

DATES: This deviation is effective from 8:15 a.m. to 9:30 a.m. on May
21, 2017.

ADDRESSES: The docket for this deviation, [USCG-2017-0364] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Steven Fischer, Bridge
Administrator, Thirteenth Coast Guard District; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Washington State Department of
Transportation (bridge owner) and Seattle Department of Transportation
(bridge owner) requested a temporary deviation from the operating
schedule

for the University Bridge, mile 4.3, and the Montlake Bridge, mile 5.2,
both crossing Lake Washington Ship Canal at Seattle, WA, to facilitate
safe passage of participants in the ``Beat the Bridge'' foot race. The
University Bridge, bascule, provides a vertical clearance of 30 feet in
the closed-to-navigation position. The Montlake Bridge, bascule,
provides 30 feet of vertical clearance in the closed-to-navigation
position throughout the navigation channel, and 46 feet of vertical
clearance in the closed-to-navigation position throughout the center 60
feet of the bridge. Vertical clearances are referenced to the Mean
Water Level of Lake Washington. The normal operating schedule for both
the University Bridge and Montlake Bridge is in 33 CFR 117.1051. During
this deviation period, the University Bridge need not open to marine
vessels from 8:15 a.m. to 9:30 a.m. on May 21, 2017; the Montlake
Bridge need not open to marine vessels from 8:15 a.m. to 8:45 a.m. on
May 21, 2017. Waterway usage on Lake Washington Ship Canal ranges from
commercial tug and barge to small pleasure craft.
    Vessels able to pass through the bridges in the closed-to-
navigation position may do so at anytime. Both bridges will be able to
open for emergencies, and there is no immediate alternate route for
vessels to pass. The Coast Guard will also inform the users of the
waterways through our Local and Broadcast Notices to Mariners of the
change in operating schedule for the bridge so that vessel operators
can arrange their transits to minimize any impact caused by the
temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: May 2, 2017.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2017-10335 Filed 5-19-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 154 (Monday, August 11, 2014)]
[Notices]
[Pages 46787-46788]
[FR Doc No: 2014-18935]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: PR14-43-000.
    Applicants: ETC Katy Pipeline, Ltd.
    Description: Tariff filing per 284.123(e) + (g): Statement of
Operating Conditions Update to be effective 8/1/2014; TOFC: 1280.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5117.
    Comments Due: 5 p.m. ET 8/21/14.
    284.123(g) Protests Due: 5 p.m. ET 9/29/14.

    Docket Numbers: PR14-44-000.
    Applicants: Energy Transfer Fuel, LP.
    Description: Tariff filing per 284.123(e) + (g): Statement of
Operating Conditions Update to be effective 8/1/2014; TOFC: 1280.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5131.
    Comments Due: 5 p.m. ET 8/21/14.
    284.123(g) Protests Due: 5 p.m. ET 9/29/14.

    Docket Numbers: PR14-45-000.
    Applicants: Oasis Pipeline, LP.
    Description: Tariff filing per 284.123(e) + (g): Statement of
Operating Conditions Update to be effective 8/1/2014; TOFC: 1280.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5144.
    Comments Due: 5 p.m. ET 8/21/14.
    284.123(g) Protests Due: 5 p.m. ET 9/29/14.

    Docket Numbers: PR14-46-000.
    Applicants: Houston Pipe Line Company LP.
    Description: Tariff filing per 284.123(e) + (g): Statement of
Operating Conditions Update to be effective 8/1/2014; TOFC: 1280.
    Filed Date: 7/31/14.
    Accession Number: 20140731-5194.
    Comments Due: 5 p.m. ET 8/21/14.
    284.123(g) Protests Due: 5 p.m. ET 9/29/14.

    Docket Numbers: RP14-1153-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Cap Rel Neg Rate Agmt (QEP 36601 to Trans LA 42794) to
be effective 8/1/2014.
    Filed Date: 8/1/14.
    Accession Number: 20140801-5047.
    Comments Due: 5 p.m. ET 8/13/14.

    Docket Numbers: RP14-1154-000.
    Applicants: Gas Transmission Northwest LLC.
    Description: FSA--Tariff Cleanup to be effective 9/1/2014.
    Filed Date: 8/1/14.
    Accession Number: 20140801-5056.
    Comments Due: 5 p.m. ET 8/13/14.

    Docket Numbers: RP14-1155-000.
    Applicants: Wyoming Interstate Company, L.L.C.
    Description: FL&U Filing to be effective 9/1/14 to be effective 9/
1/2014.
    Filed Date: 8/1/14.
    Accession Number: 20140801-5081.
    Comments Due: 5 p.m. ET 8/13/14.

    Docket Numbers: RP14-1156-000.
    Applicants: Nautilus Pipeline Company, L.L.C.
    Description: Clean Up Filing to be effective 9/1/2014.
    Filed Date: 8/1/14.
    Accession Number: 20140801-5060.
    Comments Due: 5 p.m. ET 8/13/14.

    Docket Numbers: RP14-1157-000.
    Applicants: WBI Energy Transmission, Inc.
    Description: Tariff Revisions to be effective 9/1/2014.
    Filed Date: 8/1/14.
    Accession Number: 20140801-5072.
    Comments Due: 5 p.m. ET 8/13/14.

    Docket Numbers: RP14-1159-000.
    Applicants: TransColorado Gas Transmission Company L.
    Description: Pro Forma Update Filing to be effective 8/31/2014.
    Filed Date: 8/1/14.
    Accession Number: 20140801-5094.
    Comments Due: 5 p.m. ET 8/13/14.

    Docket Numbers: RP14-1160-000.
    Applicants: WBI Energy Transmission, Inc.
    Description: Non-conforming Service Agreement--Garden Creek II to
be effective 8/1/2014.

    Filed Date: 8/1/14.
    Accession Number: 20140801-5141.
    Comments Due: 5 p.m. ET 8/13/14.

    Docket Numbers: RP14-1161-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Negotiated & Non-Conforming Service Agmts--
Commonwealth to be effective 9/1/2014.
    Filed Date: 8/1/14.
    Accession Number: 20140801-5167.
    Comments Due: 5 p.m. ET 8/13/14.

    Docket Numbers: RP14-1162-000.
    Applicants: East Cheyenne Gas Storage, LLC.
    Description: East Cheyenne Non-conforming Agreements 8-1-14 to be
effective 9/1/2014.
    Filed Date: 8/1/14.
    Accession Number: 20140801-5207.
    Comments Due: 5 p.m. ET 8/13/14.

    Docket Numbers: RP14-1163-000.
    Applicants: East Cheyenne Gas Storage, LLC.
    Description: East Cheyenne Ratchett Tariff Revisions to be
effective 9/1/2014.
    Filed Date: 8/1/14.
    Accession Number: 20140801-5209.
    Comments Due: 5 p.m. ET 8/13/14.

    Docket Numbers: RP14-1164-000.
    Applicants: WBI Energy Transmission, Inc.
    Description: Housekeeping Tariff Changes to be effective 9/1/2014.
    Filed Date: 8/1/14.
    Accession Number: 20140801-5214.
    Comments Due: 5 p.m. ET 8/13/14.

    Docket Numbers: RP14-1167-000.
    Applicants: Sierrita Gas Pipeline LLC.
    Description: Non-Conforming Firm Transportation Service Agreement
Compliance filing associated with CP13-73, et. al. of Sierrita Gas
Pipeline LLC.
    Filed Date: 8/1/14.
    Accession Number: 20140801-5216.
    Comments Due: 5 p.m. ET 8/13/14.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP12-455-004.
    Applicants: Panhandle Eastern Pipe Line Company, LP.
    Description: Compliance with RP12-455 Reservation Charge CR to be
effective 10/1/2014.
    Filed Date: 8/1/14.
    Accession Number: 20140801-5050.
    Comments Due: 5 p.m. ET 8/13/14.

    Docket Numbers: RP14-393-001.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Commonwealth Settlement Implementation to be effective
9/1/2014.
    Filed Date: 8/1/14.
    Accession Number: 20140801-5065.
    Comments Due: 5 p.m. ET 8/13/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 4, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-18935 Filed 8-8-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 171 (Friday, September 2, 2016)]
[Notices]
[Page 60692]
[FR Doc No: 2016-21115]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP16-1182-000.
    Applicants: Colorado Interstate Gas Company, L.L.C.
    Description: 2016 Penalties Assessed Compliance Filing of Colorado
Interstate Gas Company, L.L.C.
    Filed Date: 8/22/16.
    Accession Number: 20160822-5143.
    Comments Due: 5 p.m. ET 9/6/16.

    Docket Numbers: RP16-1183-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate--Bay State
Release to BBPC 791947 to be effective 9/1/2016.
    Filed Date: 8/23/16.
    Accession Number: 20160823-5048.
    Comments Due: 5 p.m. ET 9/6/16.

    Docket Numbers: RP16-1184-000.
    Applicants: Guardian Pipeline, L.L.C.
    Description: Sec.  4(d) Rate Filing: Update to Pro Forma Service
Agreements to be effective 9/23/2016.
    Filed Date: 8/23/16.
    Accession Number: 20160823-5164.
    Comments Due: 5 p.m. ET 9/6/16.

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

    Dated: August 25, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-21115 Filed 9-1-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: June 28, 2011 (Volume 76, Number 124)]
[Notices]
[Page 37883-37885]
[DOCID:fr28jn11-126]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0079]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 14 individuals from the
vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs). The exemptions will enable these individuals to operate
commercial motor vehicles (CMVs) in interstate commerce without meeting
the prescribed vision standard. The Agency has concluded that granting
these exemptions will provide a level of safety that is equivalent to,
or greater than, the level of safety maintained without the exemptions
for these CMV drivers.

DATES: The exemptions are effective June 28, 2011. The exemptions
expire on June 28, 2013.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or 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., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Background

    On May 5, 2011, FMCSA published a notice of receipt of exemption
applications from certain individuals, and requested comments from the
public (76 FR 25764). That notice listed 14 applicants' case histories.
The 14 individuals applied for exemptions from the vision requirement
in 49 CFR 391.41(b)(10), for drivers who operate CMVs in interstate
commerce.
    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the 2-year period.
Accordingly, FMCSA has evaluated the 14 applications on their merits
and made a determination to grant exemptions to each of them.

Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor
vehicle if that person has distant visual acuity of at least 20/40
(Snellen) in each eye without corrective lenses or visual acuity
separately corrected to 20/40 (Snellen) or better with corrective
lenses, distant binocular acuity of a least 20/40 (Snellen) in both
eyes with or without corrective lenses, field of vision of at least
70[deg] in the horizontal meridian in each eye, and the ability to
recognize the colors of traffic signals and devices showing standard
red, green, and amber (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision standard,
but have adapted their driving to accommodate their vision limitation
and demonstrated their ability to drive safely. The 14 exemption
applicants listed in this notice are in this category. They are unable
to meet the vision standard in one eye for various reasons, including
amblyopia, complete loss of vision, no light perception, cataract,
central retinal atrophy, glaucoma, macular scar and retinal scar. In
most cases, their eye conditions were not recently developed. Ten of
the applicants were either born with their vision impairments or have
had them since childhood. The 4 individuals who sustained their vision
conditions as adults have had them for periods ranging from 4 to 35
years.
    Although each applicant has one eye which does not meet the vision
standard in 49 CFR 391.41(b)(10), each has at least 20/40 corrected
vision in the other eye, and in a doctor's opinion, has sufficient
vision to perform all the tasks necessary to operate a CMV. Doctors'
opinions are supported by the applicants' possession of valid
commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before
issuing CDLs, States subject drivers to knowledge and skills tests
designed to evaluate their qualifications to operate a CMV.
    All of these applicants satisfied the testing standards for their
State of

residence. By meeting State licensing requirements, the applicants
demonstrated their ability to operate a commercial vehicle, with their
limited vision, to the satisfaction of the State. While possessing a
valid CDL or non-CDL, these 14 drivers have been authorized to drive a
CMV in intrastate commerce, even though their vision disqualified them
from driving in interstate commerce. They have driven CMVs with their
limited vision for careers ranging from 4 to 50 years. In the past 3
years, two of the drivers were involved in crashes or convicted of
moving violations in a CMV.
    The qualifications, experience, and medical condition of each
applicant were stated and discussed in detail in the May 5, 2011 notice
(76 FR 25764).

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the vision standard in 49 CFR 391.41(b)(10) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. Without the exemption, applicants
will continue to be restricted to intrastate driving. With the
exemption, applicants can drive in interstate commerce. Thus, our
analysis focuses on whether an equal or greater level of safety is
likely to be achieved by permitting each of these drivers to drive in
interstate commerce as opposed to restricting him or her to driving in
intrastate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered not only the medical reports about the applicants' vision,
but also their driving records and experience with the vision
deficiency.
    To qualify for an exemption from the vision standard, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past 3
years. Recent driving performance is especially important in evaluating
future safety, according to several research studies designed to
correlate past and future driving performance. Results of these studies
support the principle that the best predictor of future performance by
a driver is his/her past record of crashes and traffic violations.
Copies of the studies may be found at Docket Number FMCSA-1998-3637.
    We believe we can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrate the driving performance
of experienced monocular drivers in the program is better than that of
all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996).
The fact that experienced monocular drivers demonstrated safe driving
records in the waiver program supports a conclusion that other
monocular drivers, meeting the same qualifying conditions as those
required by the waiver program, are also likely to have adapted to
their vision deficiency and will continue to operate safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used 3 consecutive years
of data, comparing the experiences of drivers in the first 2 years with
their experiences in the final year.
    Applying principles from these studies to the past 3-year record of
the 14 applicants, two of the applicants were convicted for moving
violations and none of the applicants were involved in a crash. All the
applicants achieved a record of safety while driving with their vision
impairment, demonstrating the likelihood that they have adapted their
driving skills to accommodate their condition. As the applicants' ample
driving histories with their vision deficiencies are good predictors of
future performance, FMCSA concludes their ability to drive safely can
be projected into the future.
    We believe that the applicants' intrastate driving experience and
history provide an adequate basis for predicting their ability to drive
safely in interstate commerce. Intrastate driving, like interstate
operations, involves substantial driving on highways on the interstate
system and on other roads built to interstate standards. Moreover,
driving in congested urban areas exposes the driver to more pedestrian
and vehicular traffic than exists on interstate highways. Faster
reaction to traffic and traffic signals is generally required because
distances between them are more compact. These conditions tax visual
capacity and driver response just as intensely as interstate driving
conditions. The veteran drivers in this proceeding have operated CMVs
safely under those conditions for at least 3 years, most for much
longer. Their experience and driving records lead us to believe that
each applicant is capable of operating in interstate commerce as safely
as he/she has been performing in intrastate commerce. Consequently,
FMCSA finds that exempting these applicants from the vision standard in
49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to
that existing without the exemption. For this reason, the Agency is
granting the exemptions for the 2-year period allowed by 49 U.S.C.
31136(e) and 31315 to the 14 applicants listed in the notice of May 5,
2011 (76 FR 25764).
    We recognize that the vision of an applicant may change and affect
his/her ability to operate a CMV as safely as in the past. As a
condition of the exemption, therefore, FMCSA will impose requirements
on the 14 individuals consistent with the grandfathering provisions
applied to drivers who participated in the Agency's vision waiver
program.
    Those requirements are found at 49 CFR 391.64(b) and include the
following: (1) That each individual be physically examined every year
(a) by an ophthalmologist or optometrist who attests that the vision in
the better eye continues to meet the standard in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provide a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file, or keep a copy in his/her driver's qualification
file if he/she is self-employed. The driver must also have a copy of
the certification when driving, for presentation to a duly authorized
Federal, State, or local enforcement official.

Discussion of Comments

    FMCSA received no comments in this proceeding.

Conclusion

    Based upon its evaluation of the 14 exemption applications, FMCSA
exempts, Jan M. Bernath, Jason M. Birrenkott, John E. Edler, III., Saul
E. Fierro, Mark T. Gileau, Peter D. Gouge, Thomas M. Harris, Paul M.
Hinkson, Lyle H. Lightner, Ellie L. Murphree, Claude S. Overstreet,
James F. Partin, Kevin W. Van Arsdol and Harlon C. VanBlaricom. from
the vision requirement in 49 CFR 391.41(b)(10), subject to the
requirements cited above (49 CFR 391.64(b)).
    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for 2 years unless revoked earlier by FMCSA. The
exemption will be revoked if: (1) The person fails 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 and 31315.
    If the exemption is still effective at the end of the 2-year
period, the person may apply to FMCSA for a renewal under procedures in
effect at that time.

    Issued on: June 21, 2011.
 Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2011-16189 Filed 6-27-11; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 201 (Monday, October 19, 2015)]
[Rules and Regulations]
[Pages 63091-63092]
[FR Doc No: 2015-26178]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-1387; Airspace Docket No. 15-AGL-4]

Establishment of Class E Airspace; Tomah, WI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Tomah, WI.
Controlled airspace is necessary to accommodate new Standard Instrument
Approach Procedures at Bloyer Field Airport. The FAA is taking this
action to enhance the safety and management of Instrument Flight Rules
(IFR) operations at the airport.

DATES: Effective 0901 UTC, December 10, 2015. 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 on line at http://www.faa.gov/airtraffic/publications.
    For further information, you can contact the Airspace Policy and
ATC Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 29591; telephone:<PHONE_NUMBER>.
The order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
this material 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: Rebecca Shelby, Central Service
Center, Operations Support Group, Federal Aviation Administration,
Southwest Region, 10101 Hillwood Parkway, Fort Worth, TX 76177;
telephone:<PHONE_NUMBER>.

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
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 establishes controlled airspace at Bloyer Field Airport, Tomah,
WI.

History

    On June 22, 2015, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to establish Class E airspace
extending upward from 700 feet above the surface at Bloyer Field
Airport, Tomah, WI (80 FR 35599). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 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 Class E
airspace designations listed in this document will be published
subsequently 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.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by establishing Class E airspace extending upward from 700 feet
above the surface within a 6.5-mile radius of Bloyer Field Airport,
Tomah, WI, to accommodate new Standard Instrument Approach Procedures
at the airport. This action enhances the safety and management of IFR
operations at the airport.

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 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: Policies and
Procedures'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exists that warrant preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    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 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL WI E5 Tomah, WI [New]

Bloyer Field Airport, WI
    (Lat. 43[deg]58'34'' N., long. 090[deg]28'50'' W.)
    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Bloyer Field Airport.

    Issued in Fort Worth, TX, on October 7, 2015.
Robert W. Beck,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2015-26178 Filed 10-16-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 18, 2007 (Volume 72, Number 137)]
[Notices]
[Page 39398]
[DOCID:fr18jy07-52]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR07-13-000]

Nexen Marketing U.S.A., Inc. Complainant, v. Belle Fourche
Pipeline Company, Respondent; Notice of Complaint

July 9, 2007.
    Take notice that on July 5, 2007, Nexen Marketing U.S.A., Inc.
(Nexen) filed a formal complaint against Belle Fourche Pipeline Company
(Belle Fourche) pursuant to Rule 206 of the Rules of Practice and
Procedure of the Commission's regulations, 18 CFR 343.2; 385.206, the
Procedural Rules Applicable to Oil Pipeline Proceedings, 18 CFR 343.2,
sections 1(4), 1(5), 1(6), 2, 3(1), 15(1), and 16 of the Interstate
Commerce Act , 49 U.S.C. App. 1(4), 1(5), 2, 3(1), 8, 9, 13, 15, and 16
(1984); and section 1803 of the Energy Policy Act of 1992 (EPAct).
    Nexen alleges that the Transportation Services Agreement (TSA) that
Belle Fourche transmitted to prospective shippers on June 27, 2007,
violates the Interstate Commerce Act, is discriminatory, unjust and
unreasonable and unlawfully abrogates shipper rights. Nexen requests
that the Commission order Belle Fourche to desist from shipping any
crude oil on its Expansion Pipeline from Baker, MT to Alexander, ND on
the basis of the terms and conditions of the TSA that Belle Fourche
transmitted to shippers for signature on June 27, 2007; determine that
sections 4.01, 5.05, 6.02, 8.01(a) and 8.02, Article VII, VIII(a) and
XIX and Attachment D of the Belle Fourche TSA are unlawful and
unenforceable; order Belle Fourche to pay Nexen any refunds,
reparations, or damages, plus interest, that the Commission determines
are appropriate; resolve this complaint on an expedited basis; and
grant Nexen such other, different or additional relief as the
Commission may determine to be appropriate.
    Nexen certifies that copies of the complaint were served on the
Belle Fourche contact as listed on its TSA.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on July 25, 2007.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-13855 Filed 7-17-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Rules and Regulations]
[Page 5543]
[FR Doc No: 2018-02331]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-9973-51-OAR]
RIN 2060-AM75

Issuance of Guidance Memorandum, ``Reclassification of Major
Sources as Area Sources Under Section 112 of the Clean Air Act''

AGENCY: Environmental Protection Agency (EPA).

ACTION: Issuance and withdrawal of guidance memorandums.

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

SUMMARY: The Environmental Protection Agency (EPA) is notifying the
public that it has issued the guidance memorandum titled
``Reclassification of Major Sources as Area Sources Under Section 112
of the Clean Air Act''. The EPA is also withdrawing the memorandum
titled ``Potential to Emit for MACT Standards--Guidance on Timing
Issues.''

DATES: Effective on February 8, 2018.

ADDRESSES: You may view this guidance memorandum electronically at:
https://www.epa.gov/stationary-sources-air-pollution/reclassification-major-sources-area-sources-under-section-112-clean.

FOR FURTHER INFORMATION CONTACT: Ms. Elineth Torres or Ms. Debra
Dalcher, Policy and Strategies Group, Sector Policies and Programs
Division (D205-02), Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711, telephone number:<PHONE_NUMBER> or<PHONE_NUMBER>,
respectively; and email address: [email protected] or
[email protected], respectively.

SUPPLEMENTARY INFORMATION: On January 25, 2018, the EPA issued a
guidance memorandum that addresses the question of when a major source
subject to a maximum achievable control technology (MACT) standard
under CAA section 112 may be reclassified as an area source, and
thereby avoid being subject thereafter to major source MACT and other
requirements applicable to major sources under CAA section 112. As is
explained in the memorandum, the plain language of the definitions of
``major source'' in CAA section 112(a)(1) and of ``area source'' in CAA
section 112(a)(2) compels the conclusion that a major source becomes an
area source at such time that the source takes an enforceable limit on
its potential to emit (PTE) hazardous air pollutants (HAP) below the
major source thresholds (i.e., 10 tons per year (tpy) of any single HAP
or 25 tpy of any combination of HAP). In such circumstances, a source
that was previously classified as major, and which so limits its PTE,
will no longer be subject either to the major source MACT or other
major source requirements that were applicable to it as a major source
under CAA section 112.
    A prior EPA guidance memorandum had taken a different position. See
Potential to Emit for MACT Standards--Guidance on Timing Issues.'' John
Seitz, Director, Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, (May 16, 1995) (the ``May 1995 Seitz
Memorandum''). The May 1995 Seitz Memorandum set forth a policy,
commonly known as ``once in, always in'' (the ``OIAI policy''), under
which ``facilities may switch to area source status at any time until
the `first compliance date' of the standard,'' with ``first compliance
date'' being defined to mean the ``first date a source must comply with
an emission limitation or other substantive regulatory requirement.''
May 1995 Seitz Memorandum at 5. Thereafter, under the OIAI policy,
``facilities that are major sources for HAP on the `first compliance
date' are required to comply permanently with the MACT standard.'' Id.
at 9.
    The guidance signed on January 25, 2018, supersedes that which was
contained in the May 1995 Seitz Memorandum.
    The EPA anticipates that it will soon publish a Federal Register
document to take comment on adding regulatory text that will reflect
EPA's plain language reading of the statute as discussed in this
memorandum.

    Dated: January 25, 2018.
Panagiotis E. Tsirigotis,
Director, Office of Air Quality Planning and Standards.
[FR Doc. 2018-02331 Filed 2-7-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 180 (Tuesday, September 17, 2019)]
[Notices]
[Pages 48991-48992]
[FR Doc No: 2019-20043]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for New Special
Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for special permits.

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

SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein. Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.

DATES: Comments must be received on or before October 17, 2019.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, Washington, DC
20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Donald Burger, Chief, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington, DC, or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on September 9, 2019.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

----------------------------------------------------------------------------------------------------------------
                                                                                Nature of the special permits
       Application No.                 Applicant          Regulation(s) affected              thereof
----------------------------------------------------------------------------------------------------------------
                                              SPECIAL PERMITS DATA
----------------------------------------------------------------------------------------------------------------
20928-N......................  CATALYTIC INNOVATIONS,    172.102(c), 172.200,      To authorizes the
                                LLC.                      172.300, 172.400,         manufacture, marking, sale
                                                          173.159a(c)(2),           and use of non-DOT
                                                          173.185(c)(1)(iii),       specification fiberboard
                                                          173.185(c)(1)(iv),        boxes for the transportation
                                                          173.185(c)(1)(v),         in commerce of certain
                                                          173.185(c)(3).            batteries without shipping
                                                                                papers, marking of the
                                                                                proper shipping name and
                                                                                identification number or
                                                                                labeling, when transported
                                                                                for recycling or disposal.
                                                                                (modes 1, 2, 3)
20932-N......................  Jingjiang Asian-Pacific   178.274(b)..............  To authorize the manufacture,
                                Logistics Equipment                                 mark, sale, and use of
                                Co., Ltd.                                           portable tanks constructed
                                                                                to Section VIII, Division 2
                                                                                of the ASME code. (modes 1,
                                                                                2, 3)
20935-N......................  DAICEL SAFETY SYSTEMS     172.320, 173.54(a),       To authorize the
                                AMERICAS, INC.            173.56(b), 173.57,        transportation in commerce
                                                          173.58, 173.60.           of explosive articles
                                                                                classed as Division 1.4S,
                                                                                when packed in a special
                                                                                shipping container without
                                                                                being approved in accordance
                                                                                with 173.56. (modes, 1, 2,
                                                                                3, 4)
20936-N......................  CO2 Exchange LLC........  171.2(k)................  To authorize the
                                                                                transportation in commerce
                                                                                of certain DOT 3AL, TC/3ALM
                                                                                and UN ISO 7866 cylinders
                                                                                that contain carbon dioxide,
                                                                                with alternative hazard
                                                                                communication. (mode 1)
20937-N......................  STAUFF CORPORATION......  173.302a(a)(1)..........  To authorize the
                                                                                transportation in commerce
                                                                                of non-DOT specification
                                                                                cylinders containing
                                                                                nitrogen. (modes 1, 2)
20939-N......................  AIRBUS SAFRAN LAUNCHERS.  172.101(c), 173.166.....  To authorize the manufacture,
                                                                                mark, sale, and use of
                                                                                certain fire suppression
                                                                                devices as safety devices.
                                                                                (modes 1, 2, 3, 4, 5)
20940-N......................  ORBITAL SCIENCES          172.101(j), 173.185(a)..  To authorize the
                                CORPORATION.                                        transportation in commerce
                                                                                of low production lithium
                                                                                ion batteries that exceed
                                                                                the 35 kg by cargo aircraft.
                                                                                (mode 4)
20941-N......................  AIR SEA CONTAINERS, INC.  173.185(b)(5)...........  To authorize the
                                                                                transportation in commerce
                                                                                of lithium ion batteries in
                                                                                non-specification packaging.
                                                                                (mode 1)
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2019-20043 Filed 9-16-19; 8:45 am]
BILLING CODE 4909-60-P


[Federal Register Volume 86, Number 3 (Wednesday, January 6, 2021)]
[Notices]
[Pages 633-636]
[FR Doc No: 2020-29220]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90831; File No. SR-PEARL-2020-36]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange
Rule 3100, Registration Requirements, To Adopt Temporary Interpretation
and Policy .13 (Temporary Extension of the Limited Period for
Registered Persons To Function as Principals)

December 30, 2020.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on December 28, 2020, MIAX PEARL, LLC (``MIAX
PEARL'' or the ``Exchange'') filed with the Securities and Exchange
Commission (``SEC'' or ``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange is filing a proposal to amend Exchange Rule 3100,
Registration Requirements, to adopt temporary Interpretation and Policy
.13 (Temporary Extension of the Limited Period for Registered Persons
to Function as Principals).
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/pearl, at MIAX
PEARL's principal office, and at the Commission's Public Reference
Room.

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

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

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

1. Purpose
    The Exchange proposes to adopt Interpretation and Policy .13
(Temporary Extension of the Limited Period for Registered Persons to
Function as Principals) to Exchange Rule 3100, Registration
Requirements. The proposed rule change would extend the 120-day period
that certain individuals can function as principals without having
successfully passed an appropriate qualification examination through
April 30, 2021,\3\ and would apply only to those individuals who were
designated to function as principals prior to January 1, 2021. This
proposed rule change is based on a filing recently submitted by the
Financial Regulatory Authority, Inc. (``FINRA'') \4\ and is intended to
harmonize the Exchange's registration rules with those of FINRA so as
to promote uniform standards across the securities industry.
---------------------------------------------------------------------------

    \3\ See Exchange Act Release No. 90617 (December 9, 2020), 85 FR
81258 (December 15, 2020) (SR-FINRA-2020-043) (``FINRA Filing'').
The Exchange notes that the FINRA Filing also provides temporarily
relief to individuals registered with FINRA as Operations
Professionals under FINRA Rule 1220. The Exchange does not have a
registration category for Operations Professionals and therefore,
the Exchange is not proposing to adopt that aspect of the FINRA
Filing. If the Exchange seeks to provide additional temporary relief
from the rule requirement identified in this proposal beyond April
30, 2021, it will submit a separate rule filing to further extend
the temporary extension of time.
    \4\ See id.
---------------------------------------------------------------------------

    In response to COVID-19, earlier this year FINRA began providing
temporary relief by way of frequently asked questions (``FAQs'') \5\ to
address disruptions to the administration of FINRA qualification
examinations caused by the pandemic that have significantly limited the
ability of individuals to sit for examinations due to Prometric test
center capacity issues.\6\
---------------------------------------------------------------------------

    \5\ See https://www.finra.org/rules-guidance/key-topics/covid-19/faq#qe.
    \6\ At the outset of the COVID-19 pandemic, all FINRA
qualification examinations were administered at test centers
operated by Prometric. Based on the health and welfare concerns
resulting from COVID-19, in March Prometric closed all of its test
centers in the United States and Canada and began to slowly reopen
some of them at limited capacity in May. At this time, not all of
these Prometric test centers have reopened at full capacity.
---------------------------------------------------------------------------

    FINRA published the first FAQ on March 20, 2020, providing that
individuals who were designated to function as principals under FINRA
Rule 1210.04 \7\ prior to February 2, 2020, would be given until May
31, 2020, to pass the appropriate principal qualification
examination.\8\ On May 19, 2020, FINRA extended the relief to pass the
appropriate examination until June 30, 2020. On June 29, 2020, FINRA
extended the temporary relief providing that individuals who were
designated to function as principals under FINRA Rule 1210.04 prior to
May 4, 2020, would be given until August 31, 2020, to pass the
appropriate principal qualification examination. On August 28, 2020,
FINRA filed with the Commission a proposed rule change for immediate
effectiveness to extend the temporary relief provided via the two FAQs
by adopting: (1) Temporary Supplementary Material .12 (Temporary
Extension of the Limited Period for Registered Persons to Function as
Principals) under FINRA Rule 1210 (Registration Requirements), and (2)
temporary Supplementary Material .07 (Temporary Extension of the
Limited Period for Persons to Function as Operations Professionals)
under FINRA Rule 1220 (Registration Categories).\9\ Pursuant to this
rule filing, individuals who were designated prior to September 3,
2020, to function as a principal under FINRA Rule 1210.04 would have
until December 31, 2020, to pass the appropriate qualification
examination.
---------------------------------------------------------------------------

    \7\ Exchange Rule 3100, Interpretation and Policy .04, is the
corresponding rule to FINRA Rule 1210.04.
    \8\ FINRA Rule 1210.04 (Requirements for Registered Persons
Functioning as Principals for a Limited Period) allows a FINRA-
member firm to designate certain individuals to function in a
principal capacity for 120 calendar days before having to pass an
appropriate principal qualification examination. Exchange Rule 3100,
Interpretation and Policy .04, provides the same allowance to
Exchange Members.
    \9\ See Exchange Act Release No. 89732 (September 1, 2020), 85
FR 55535 (September 8, 2020) (Notice of Filing and Immediate
Effectiveness of File No. SR-FINRA-2020-026).
---------------------------------------------------------------------------

    Thereafter, on December 9, 2020, FINRA filed with the Commission a
proposed rule change for immediate effectiveness to extend the limited
period for registered persons to function as a principal through April
30, 2021.\10\ Pursuant to this rule filing, individuals who were
designated prior to January 1, 2021 to function as a principal would
have until April 30, 2021 to pass the appropriate qualifying
examination.
---------------------------------------------------------------------------

    \10\ See supra note 3.
---------------------------------------------------------------------------

    The Exchange continues to closely monitor the impact of the COVID-
19 pandemic on Members,\11\ investors, and other stakeholders. The
COVID-19 conditions necessitating the extension of relief provided in
the FINRA's FAQs and rule amendments persist and, in fact, appear to be
worsening.\12\ One of the impacts of COVID-19 continues to be serious
interruptions in the administration of FINRA qualification examinations
at Prometric test centers and the limited ability of individuals to sit
for the examinations.\13\ Although Prometric has begun reopening test
centers, Prometric's safety practices mean that currently not all test
centers are open, some of the open test centers are at limited
capacity, and some open test centers are delivering only certain
examinations that have been deemed essential by the local
government.\14\ Furthermore, Prometric has had to close some reopened
test centers due to incidents of COVID-19 cases. The initial nationwide
closure in March along with the inability to fully reopen all Prometric
test centers due to COVID-19 have led to a significant backlog of
individuals who are waiting to sit for FINRA examinations.\15\
---------------------------------------------------------------------------

    \11\ The term ``Member'' means an individual or organization
that is registered with the Exchange pursuant to Chapter II of these
Rules for purposes of trading on the Exchange as an ``Electronic
Exchange Member '' or ``Market Maker. Members are deemed ``members''
under the Exchange Act. See Exchange Rule 100.
    \12\ See, e.g., Meryl Kornfield, Jacqueline Dupree, Marisa Iati,
Paulina Villegas, Siobhan O'Grady and Hamza Shaban, New daily
coronavirus cases in U.S. rise to 145,000, latest all-time high,
Wash. Post, November 11, 2020, https://www.washingtonpost.com/nation/2020/11/11/coronavirus-covid-live-updates-us/.
    \13\ Information about the continued impact of COVID-19 on
FINRA-administered examinations is available at https://www.finra.org/rules-guidance/key-topics/covid-19/exams.
    \14\ Information from Prometric about its safety practices and
the impact of COVID-19 on its operations is available at https://www.prometric.com/corona-virus-update.
    \15\ Although an online test delivery service has been launched
to help address the backlog, the General Securities Principal Exam
(Series 24) is not available online. See supra note 13. FINRA is
considering making additional qualifications examinations available
remotely on a limited basis.
---------------------------------------------------------------------------

    In addition, firms are continuing to experience operational
challenges with much of their personnel working from home due to
shelter-in-place orders, restrictions on businesses and social activity
imposed in various states, and

adherence to other social distancing guidelines consistent with the
recommendations of public health officials.\16\ As a result, firms
continue to face potentially significant disruptions to their normal
business operations that may include a limitation of in-person
activities and staff absenteeism as a result of the health and welfare
concerns stemming from COVID-19. Such potential disruptions may be
further exacerbated and may even affect client services if firms cannot
continue to keep principal positions filled as they may have difficulty
finding other qualified individuals to transition into these roles or
may need to reallocate employee time and resources away from other
critical responsibilities at the firm.
---------------------------------------------------------------------------

    \16\ See, e.g., Centers for Disease Control and Prevention, How
to Protect Yourself & Others, https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html.
---------------------------------------------------------------------------

    These ongoing, extenuating circumstances make it impracticable for
Members to ensure that the individuals whom they have designated to
function in a principal capacity, as set forth in Exchange Rule 3100,
Interpretation and Policy .04, are able to successfully sit for and
pass an appropriate qualification examination within the 120-calendar
day period required under the rule, or to find other qualified staff to
fill this position. The ongoing circumstances also require individuals
to be exposed to the health risks associated with taking an in-person
examination, because the General Securities Principal examination is
not available online. Therefore, the Exchange is proposing to provide
the temporary relief provided through the FINRA FAQs by adopting
Interpretation and Policy .13 to Exchange Rule 3100 to extend the 120-
day period during which an individual can function as a principal
before having to pass an applicable qualification examination until
April 30, 2021.\17\ The proposed rule change would apply only to those
individuals who were designated to function as a principal prior to
January 1, 2021. Any individuals designated to function as a principal
on or after January 1, 2021, would need to successfully pass an
appropriate qualification examination within 120 days.
---------------------------------------------------------------------------

    \17\ See supra note 3.
---------------------------------------------------------------------------

    The Exchange believes that this proposed extension of time is
tailored to address the needs and constraints on a Member's operations
during the COVID-19 pandemic, without significantly compromising
critical investor protection. The proposed extension of time will help
to minimize the impact of COVID-19 on Members by providing flexibility
so that Members can ensure that principal positions remain filled. The
potential risks from the proposed extension of the 120-day period are
mitigated by the Member's requirement to supervise the activities of
these designated individuals and ensure compliance with federal
securities laws and regulations, as well as Exchange rules.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Exchange Act \18\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \19\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanisms of a free and open market and a national market system and,
in general, to protect investors and the public interest.
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    \18\ 15 U.S.C. 78f(b).
    \19\ 15 U.S.C. 78f(b)(5).
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    The proposed rule change is intended to minimize the impact of
COVID-19 on Member operations by extending the 120-day period certain
individuals may function as a principal without having successfully
passed an appropriate qualification examination under Exchange Rule
3100, Interpretation and Policy. 04, until April 30, 2021. The proposed
rule change does not relieve Members from maintaining, under the
circumstances, a reasonably designed system to supervise the activities
of their associated persons to achieve compliance with applicable
securities laws and regulations, and with applicable Exchange rules
that directly serve investor protection. In a time when faced with
unique challenges resulting from the COVID-19 pandemic, the Exchange
believes that the proposed rule change is a sensible accommodation that
will continue to afford Members the ability to ensure that critical
positions are filled and client services maintained, while continuing
to serve and promote the protection of investors and the public
interest in this unique environment.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Exchange Act. The proposed rule
change is intended to provide temporary relief given the impacts of the
COVID-19 pandemic crisis and to also maintain consistency with the
rules of other self-regulatory organizations (``SROs'') with respect to
the registration requirements applicable to Members and their
registered personnel. In that regard, the Exchange believes that any
burden on competition would be clearly outweighed by providing Members
with temporary relief in this unique environment while also ensuring
clear and consistent requirements applicable across SROs and mitigating
any risk of SROs implementing different standards in these important
areas. In its filing, FINRA provides an abbreviated economic impact
assessment maintaining that the changes are necessary to temporarily
rebalance the attendant benefits and costs of the obligations under
FINRA Rule 1210 in response to the impacts of the COVID-19 pandemic
that is equally applicable to the changes the Exchange proposes.\20\
The Exchange accordingly incorporates FINRA's abbreviated economic
impact assessment by reference.
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    \20\ See supra notes 3 and 9.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \21\ and Rule 19b-
4(f)(6) thereunder.\22\
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    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19-b4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
pursuant to Rule 19b-4(f)(6)(iii), the Commission may designate a
shorter time if such action is consistent with the protection

of investors and the public interest. The Exchange has asked the
Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately upon filing. As noted
above, the Exchange stated that the proposed extension of time will
help minimize the impact of the COVID-19 outbreak on Members'
operations by allowing them to keep principal positions filled and
minimizing disruptions to client services and other critical
responsibilities. The Exchange further stated that the ongoing
extenuating circumstances of the COVID-19 pandemic make it impractical
to ensure that individuals designated to act in these capacities are
able to take and pass the appropriate qualification examination during
the 120-calendar day period required under the rules. The Exchange also
explained that shelter-in-place orders, quarantining, restrictions on
business and social activity and adherence to social distancing
guidelines consistent with the recommendations of public officials
remain in place in various states.\23\ In addition, the Exchange
observed that, following a nationwide closure of all test centers
earlier in the year, some test centers have re-opened, but are
operating at limited capacity or are only delivering certain
examinations that have been deemed essential by the local
government.\24\ Although, as the Exchange noted, FINRA has launched an
online test delivery service to help address this backlog, the General
Securities Principal (Series 24) Examination is not available
online.\25\ Nevertheless, the Exchange explained that the proposed rule
change will provide needed flexibility to ensure that these positions
remain filled and is tailored to address the constraints on Members'
operations during the COVID-19 pandemic without significantly
compromising critical investor protection.\26\
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    \23\ See supra note 16.
    \24\ See supra notes 13 and 14. The Exchange states that
Prometric has also had to close some reopened test centers due to
incidents of COVID-19 cases.
    \25\ See supra note 15. FINRA is considering making additional
qualification examinations available remotely on a limited basis.
    \26\ The Exchange states that Members remain subject to the
continued requirement to supervise the activities of these
designated individuals and ensure compliance with federal securities
laws and regulations, as well as MIAX PEARL rules.
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    The Commission observed that the Exchange's proposal, like FINRA's
analogous filing, provides only temporary relief from the requirement
to pass certain qualification examinations within the 120-day period in
the rules. As proposed, this relief would extend the 120-day period
that certain individuals can function as principals through April 30,
2021. If a further extension of temporary relief from the rule
requirements identified in this proposal beyond April 30, 2021 is
required, the Exchange noted that it may submit a separate rule filing
to extend the effectiveness of the temporary relief under these
rules.\27\ For these reasons, the Commission believes that waiver of
the 30-day operative delay is consistent with the protection of
investors and the public interest.\28\ Accordingly, the Commission
hereby waives the 30-day operative delay and designates the proposal
operative upon filing.\29\
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    \27\ See supra note 3.
    \28\ As noted above by the Exchange, this proposed temporary
change is based on a recent filing by FINRA that the Commission
approved with a waiver of the 30-day operative delay. See supra note
3, FINRA Filing at 81260.
    \29\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule change's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-PEARL-2020-36 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-PEARL-2020-36. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of MIAX PEARL. All comments
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.
    All submissions should refer to File Number SR-PEARL-2020-36 and
should be submitted on or before January 27, 2021.
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    \30\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\30\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-29220 Filed 1-5-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: September 23, 2009 (Volume 74, Number 183)]
[Notices]
[Page 48523]
[DOCID:fr23se09-36]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2055-066]

Idaho Power Company; Notice of Application for Amendment of
License and Soliciting Comments, Motions to Intervene, and Protests

September 16, 2009.
    a. Type of Application: Change in Land Rights.
    b. Project Number: 2055-066.
    c. Date Filed: March 31, 2009.
    d. Applicant: Idaho Power Company.
    e. Name of Project: C.J. Strike Hydroelectric Project.
    f. Location: The project is located on the Snake and Bruneau Rivers
in Owyhee and Elmore Counties, Idaho, and occupies federal lands
management by the U.S. Bureau of Land Management. The proposed action
would occur in Elmore County.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a) 825(r)
and 799 and 801.
    h. Applicant Contact: Mr. Nathan Gardiner, Idaho Power Company,
P.O. Box 70, 1221 W. Idaho Street, Boise, ID 83702. Telephone: (208)
388-2975.
    i. FERC Contact: Any questions on this notice should be addressed
to Christopher Yeakel at<PHONE_NUMBER>, or e-mail address:
<EMAIL_ADDRESS>    j. Deadline for filing comments and or motions: October 16, 2009.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervener files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.
    k. Description of Request: Idaho Power Company (licensee) proposes
to convey in fee approximately 47 acres of project lands along the
Snake River to Mr. and Mrs. Tim Landis in exchange for approximately
46.6 acres of existing farming and grazing easements on nearby project
lands currently owned by the licensee. The exchange would allow the
licensee to manage the 46.6 acres of project lands unencumbered, which
are located adjacent to the Snake River, and would provide for enhanced
protection of cultural resources in the area.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field (P-2055) to access the document. You
may also register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, call 1-866-
208-3372 or e-mail<EMAIL_ADDRESS>for TTY, call (202) 502-
8659. A copy is also available for inspection and reproduction at the
address in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``RECOMMENDATIONS
FOR TERMS AND CONDITIONS'', ``PROTEST'', OR ``MOTION TO INTERVENE'', as
applicable, and the Project Number of the particular application to
which the filing refers (p-2055-066).
    p. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests and interventions may be filed electronically
via the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and
the instructions on the Commission's Web site at http://www.ferc.gov
under the ``e-Filing'' link.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-22858 Filed 9-22-09; 8:45 am]

BILLING CODE 6717-01-P