[Federal Register Volume 82, Number 162 (Wednesday, August 23, 2017)]
[Notices]
[Page 40026]
[FR Doc No: 2017-17804]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81413; File No. SR-ICC-2017-008]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Designation of Longer Period for Commission Action on Proposed Rule
Change To Provide for the Clearance of Additional Credit Default Swap
Contracts

August 17, 2017.
    On June 13, 2017, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act (``Act'') \1\ and Rule
19b-4 thereunder,\2\ a proposed rule change to provide for the
clearance of additional credit default swap contracts (File No. SR-ICC-
2017-008). The proposed rule change was published for comment in the
Federal Register on July 3, 2017.\3\ To date, the Commission has not
received comments on the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 34-81029 (June 27,
2017), 82 FR 30931 (July 3, 2017) (SR-ICC-2017-008) (``Notice'').
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    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day from the publication of notice of filing of this proposed rule
change is August 17, 2017.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. ICC's proposes to revise the ICC
Rulebook to provide for the clearance of additional Standard Emerging
Market Sovereign CDS contracts. The Commission finds it is appropriate
to designate a longer period within which to take action on the
proposed rule change so that it has sufficient time to consider ICC's
proposed rule change.
    Accordingly, the Commission, pursuant to Section 19(b)(2) \5\ of
the Act, designates October 1, 2017, as the date by which the
Commission should either approve or disapprove, or institute
proceedings to determine whether to disapprove, the proposed rule
change (File No. SR-ICC-2017-008).
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    \5\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-17804 Filed 8-22-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Rules and Regulations]
[Pages 6848-6850]
[FR Doc No: 2021-01306]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0800; Airspace Docket No. 20-ANM-43]
RIN 2120-AA66

Revocation of Class D and Amendment of Class E Airspace;
Gillette, WY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action removes the Class D airspace, establishes a Class
E surface area, modifies the Class E airspace as an extension to the
surface area and modifies the Class E airspace extending upward from
700 feet AGL at Northeast Wyoming Regional Airport, Gillette, WY. In
addition, this action removes the VOR/DME from the legal description
and replaces the outdated term Airport Facility/Directory with the term
Chart Supplement. It also makes two minor administrative corrections
noted in the Notice of Proposed Rulemaking (NPRM); the airport name is
updated and the Class E surface area is identified as new airspace
rather than amended airspace.
    After being informed that the Airport Traffic Control Tower at
Northeast Wyoming Regional Airport is closed permanently, the FAA found
it necessary to create new airspace and amend the existing airspace for
the safety and management of Instrument Flight Rule (IFR) operations at
this airport.

DATES: Effective 0901 UTC, April 22, 2021. 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 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11E, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA).
    For information on the availability of FAA Order 7400.11E at NARA,
email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S. 216th Street, Des Moines, WA 98198; 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 (U.S.C.). 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 removes the Class D, establishes a Class E surface
area, modifies the Class E airspace as an extension to the surface area
and modifies the Class E airspace extending upward from 700 feet AGL at
Northeast Wyoming Regional Airport, Gillette, WY to support IFR
operations.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (85 FR 57806; September 16, 2020) for Docket No. FAA-2020-0800
to remove the Class D airspace and modify the following: Class E
surface area, the Class E airspace as an extension to the surface area
and the Class E airspace extending upward from 700 feet AGL at
Gillette-County Airport, Gillette, WY, in support of IFR operations.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. One
comment was received with multiple concerns. The commenter was troubled
by the language used in the NPRM and concerned it would create
difficulty in converting the airspace from Class D to Class E for the
airport management team. This included logistical and technical steps
in changing the airport structure, definitions of Class D and Class E
airspace, equipment and techniques used for changing the airspace, who
will monitor the change process, the airport management team's role and
responsibilities in completing the change, and an expected timeline.
While additional information needed by the airport management team is
available and a point of contact provided, no one got in touch with
this office or the facility with jurisdiction for the overlying
airspace to enquire about information contained in the NPRM. The
request for comment was based on the belief that the commenter has a
basic knowledge of and understanding about airspace and the equipment
and operating rules for each class of airspace. Controlled airspace is
airspace of defined dimensions within which ATC service is provided to
IFR and VFR flights in accordance with the airspace classification.
Within controlled airspace, all aircraft operators are subject to
certain qualification, operating, and aircraft equipage requirements
(see Title 14 CFR part 91). Controlled airspace in the United States is
designated in 14 CFR part 71. Changing the airspace designation is an
administrative task. It involves no actions to the physical environment
of the airport or its structures. The ``timeline'', also known as the
effective date, of the change in the airspace designation has been
determined by FAA orders to ensure safety in execution of that change.
    The commenter was also concerned that issues related to possible
effects on the entire airport, including civil aviation and the
airport's overall safety, were not considered in the proposed rule. In
addition, the commenter had questions regarding what standards and
criteria were to be used in considering the effectiveness of the
changes. The airspace design specialist establishes, modifies or
revokes airspace based on criteria documented in FAA Orders by their
Flight Standards Division and Airspace Policy Regulations Group. The
specialist takes into account, as a prime consideration, the safety and
efficiency of air traffic operations in consultation with local Air
Traffic Control. In addition, the facility with jurisdiction over the
airspace conducts and documents a safety risk analysis to

consider potential safety issues with the new airspace before
implementation. Post implementation, the Air Traffic Control facility
managing air traffic in the area takes appropriate action to resolve
observed or reported issues.
    Additional concerns by the commenter included the lack of details
on precautions for airspace changes amid a public health crisis. There
is no face-to-face interaction required between FAA personnel and the
airport management team so there is no increased risk due to the public
health crisis.
    Finally, the commenter identified the importance of considering
both long-term and short-term environmental costs during the proposed
rule to provide a comprehensive expectation of the costs for the public
before the application phase of the rule. The proposal is reviewed for
environmental impacts and extraordinary circumstances that might arise
from the proposal. The FAA completed an environmental review and there
are no significant environmental costs anticipated with the rule. It
should be noted that the airspace does not define where aircraft can
fly or do fly, it only defines specific equipment requirements and
pilot responsibilities for each class of airspace.
    Class D and E airspace designations are published in paragraph
5000, 6002, 6004 and 6005 of FAA Order 7400.11E, dated July 21, 2020
and effective September 15, 2020, which is incorporated by reference in
14 CFR 71.1. The Class D and 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 7400.11E, Airspace Designations and
Reporting Points, dated July 21, 2020, and effective September 15,
2020. FAA Order 7400.11E is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11E lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending 14 CFR part 71 by removing the Class D airspace
and establishing a Class E surface area. The FAA is also modifying the
Class E airspace as an extension to the Class E surface area and the
Class E airspace extending upward from 700 feet AGL at Northeast
Wyoming Regional Airport, Gillette, WY.
    The FAA was informed that the Airport Traffic Control Tower at
Northeast Wyoming Regional Airport is closed, which is a basic
qualification for the establishment of Class D airspace. As a result,
the FAA is removing the Class D airspace and establishing a Class E
surface area at the airport. The Class E surface airspace is
established at 5 miles to ensure departures are contained in the
surface area until reaching 700 feet AGL.
    The Class E airspace extending upward from the surface as an
extension to the Class E surface area is expanded to 3.4 miles each
side of the 170[deg] bearing from 3 miles to 12 miles (formerly 12.2
miles) south of the airport. This adjustment will protect aircraft as
they descend through 1,000 feet AGL, while using the RNAV and ILS
approaches to runway 34.
    The Class E airspace extending upward from 700 feet is modified to
within 4 miles each side of the 170[deg] and 350[deg] bearings (reduced
from 6.1 miles east and 8.3 miles west) and extends 14 miles south
(reduced from 15.3 miles) and 11 miles north (reduced from 16.1miles).
The additional airspace is no longer needed to protect departing
aircraft to 1,200 feet and arrivals as they descend through 1,500 feet
AGL. This action removes the Class E airspace extending upward from
1,200 feet as it is redundant with the Denver E6 airspace and no longer
needed.
    In addition, the use of the term Airport Facility/Directory is
replaced with Chart Supplement and the legal descriptions for the Class
E airspace extending upward from the surface as an extension to the
Class E surface area and the Class E airspace extending upward from 700
feet is rewritten to eliminate the use of the VOR/DME as a reference
point. The VOR/DME is no longer needed to adequately describe the
airspace.
    Following publication of the NPRM in the Federal Register the name
of the airport was changed to Northeast Wyoming Regional Airport this
action updates the name and the geographical coordinates to match the
FAA database. Also, the Class E surface area was identified in the NPRM
as being amended. This was in error. This airspace was new airspace
established to replace the Class D airspace. This action correctly
defines the Class E surface area as new airspace.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

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, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order (E.O.) 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, will 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 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists 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 7400.11E,
Airspace Designations and Reporting Points, dated July, 21, 2020 and
effective September 15, 2020, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ANM WY D Gillette, WY [Remove]

Gillette-Campbell County Airport, WY
    (Lat. 44[deg]20'56'' N, long. 105[deg]32'22'' W)

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

ANM WY E2 Gillette, WY [New]

Northeast Wyoming Regional Airport, WY
    (Lat. 44[deg]20'56'' N, long. 105[deg]32'22'' W)

    That airspace extending upward from the surface to and including
6,900 feet MSL within a 5-mile radius of the Northeast Wyoming
Regional Airport. This Class E airspace is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.

* * * * *

ANM WY E4 Gillette, WY [Amended]

Northeast Wyoming Regional Airport, WY
    (Lat. 44[deg]20'56'' N, long. 105[deg]32'22'' W)

    That airspace extending upward from the surface within 3.4 miles
each side of the Northeast Wyoming Regional Airport 170[deg] bearing
extending from the 5-mile radius to 12 miles south of the airport.

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

* * * * *

ANM WY E5 Gillette, WY [Amended]

Northeast Wyoming Regional Airport, WY
    (Lat. 44[deg]20'56'' N, long. 105[deg]32'22'' W)

    That airspace extending upward from 700 feet above the surface
of the earth within 4 miles each side of the Northeast Wyoming
Regional Airport 170[deg] bearing extending from the 5-mile radius
to 14 miles south of the airport, and that airspace 4 miles each
side of the 350[deg] bearing extending from the 5-mile radius to 11
miles north of the airport.

    Issued in Seattle, Washington, on January 14, 2021.
Byron Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2021-01306 Filed 1-22-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Notices]
[Pages 47019-47023]
[FR Doc No: 2019-19212]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86838; File No. SR-ICC-2019-008]

Self-Regulatory Organizations; ICE Clear Credit LLC; Order
Approving Proposed Rule Change Relating to the ICC Clearing Participant
Default Management Procedures and ICC Risk Management Framework

August 30, 2019.

I. Introduction

    On June 28, 2019, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the ``Act''),\1\ and Rule 19b-4
thereunder,\2\ a proposed rule change (SR-ICC-2019-008) to formalize
and enhance the ICC Clearing Participant (``CP'') Default Management
Procedures (``Default Management Procedures'') and enhance its Risk
Management Framework.\3\ The proposed rule change was published in the
Federal Register on July 16, 2019.\4\ The Commission did not receive
comments on the proposed rule change. For the reasons discussed below,
the Commission is approving the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Capitalized terms used herein but not otherwise defined have
the meaning set forth in the Default Management Procedures, the Risk
Management Framework and ICE Clear Credit rulebook, which is
available at https://www.theice.com/clear-credit/regulation.
    \4\ Securities Exchange Act Release No. 34-86341 (July 10,
2019), 84 FR 34021 (July 16, 2019) (SR-ICC-2019-008) (``Notice'').
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II. Description of the Proposed Rule Change

    Currently, ICC's default management rules and procedures are set
forth throughout several documents, including the ICC Rules, the
Default Auction Procedures--Initial Default Auctions, and the Secondary
Auction Procedures.\5\ In addition, Appendix 3 to the Risk Management
Framework (``Appendix 3'') includes a high-level, general description
of ICC's overall default management procedures, with citations and
cross-references throughout to the documents described above. The
proposed rule change would (i) formalize and enhance ICC's existing
Default Management Procedures by creating a stand-alone document that
replaces, restates, and substantially expands existing Appendix 3; (ii)
within the new Default Management Procedures, provide additional detail
and description with respect to ICC's existing rules and procedures;
and (iii) make related enhancements to the Risk Management Framework by
incorporating appropriate references to the proposed stand-alone
Default Management Procedures and making targeted changes clarifying
guarantee fund replenishment and assessment contributions. The proposed
Default Management Procedures would identify, describe, and provide
additional detail with respect to ICC's existing default management
rules and procedures, but would not make substantive changes to any of
those existing default management rules and procedures, which would
still reside in the ICC Rules and other locations.
---------------------------------------------------------------------------

    \5\ Notice, 84 FR at 34021.
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A. Default Management Procedures

    The proposed Default Management Procedures would identify and
describe ICC's overall default management process, including (i) the
actions that ICC will take to determine if a CP is in default and (ii)
the actions ICC will take in connection with such a default and to
close-out the defaulting CP's positions. In describing ICC's overall
default management process, the Default Management Procedures would
restate and substantially expand Appendix 3, but would not
substantively change or otherwise replace ICC's existing default
management rules and procedures. Where appropriate, the proposed new
stand-alone Default Management Procedures would cross-reference and
cite to ICC's existing default management rules and procedures to avoid
duplication, and as discussed below, in some instances clarify and
enhance them by, for example, providing additional detail, such as
assigning responsibility for default management actions and adding
instructions on how to perform default management actions.\6\ In
describing the actions ICC will take to determine if a CP is in default
and, subsequently, in connection with such a default, the Default
Management Procedures document includes a list of defined terms that
are key for default management and an overview of ICC's default
management process. In describing and providing an overview of ICC's
default management process, the proposed Default Management Procedures
include descriptions of sub-processes such as identifying those
clearing members that are at risk of defaulting or are in default,
declaring a default, transferring a defaulter's client portfolios to
non-defaulting Futures Commission Merchants (``FCM''), consulting with
the CDS Default Committee, performing Standard Default Management
Actions and Secondary Default Management Actions to facilitate Close-
Out, and managing default resources.\7\ Further, the Default Management
Procedures describe how ICC and its CPs maintain operational readiness
to execute the default management process, including administering the
CDS Default Committee rotation process, working with customers of CPs
who want to directly participate in auctions, maintaining up-to-date
contact information, and testing the default management process.\8\
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    \6\ Id.
    \7\ Notice, 84 FR at 34021-34023.
    \8\ Notice, 84 FR at 34022.
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    The Default Management Procedures would also describe the sub-
process of monitoring CPs. As part of a counterparty monitoring
program, ICC performs daily, weekly, and quarterly monitoring designed,
in part, to identify Default Risk CPs.\9\ Additionally, the Default
Management Procedures establish procedures that are specific to certain
types of defaults and circumstances, including where a CP fails to meet
payment obligations to ICC; a CP has filed for bankruptcy or is likely
to fail to meet obligations due to dissolution, insolvency, or
bankruptcy related events; a CP has not complied, or is likely not to
comply, with certain limitations, conditions, or restrictions imposed
on it by ICC; and a CP or its guarantor has failed, or is likely to
fail,

to meet obligations of ICC membership.\10\
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    \9\ Id.
    \10\ Id.
---------------------------------------------------------------------------

    The actions taken after the identification of a potential default
are the default declaration sub-process and the Default Management
Procedures list actions that the Close-Out Team performs after
activation but before a default declaration, such as initial meetings
to discuss circumstances surrounding the default risk, strategy for the
close-out, and plans for ICC to meet upcoming payment obligations.\11\
The Default Management Procedures also contain procedures taken after
declaration of default to prepare for a close-out.\12\
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    \11\ Id.
    \12\ Id.
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    The Default Management Procedures also discuss the CDS Default
Committee consultation sub-process. Certain matters are subject to
consultation with the CDS Default Committee, including the unwinding of
the defaulter's remaining portfolio and the structure and
characteristics of an auction.\13\ The Default Management Procedures
establish procedures for convening and adjourning a CDS Default
Committee meeting in addition to the actions taken at the initial CDS
Default Committee meeting, which include reviewing the defaulter's
cleared portfolio, the Close-Out strategy, the plan for transferring
the Porting Portfolios to Potential Receiving FCMs, and a schedule for
re-convening the CDS Default Committee over the period required to
complete the Close-Out.\14\
---------------------------------------------------------------------------

    \13\ Id.
    \14\ Id.
---------------------------------------------------------------------------

    The ICC Risk Department and Close-Out Team work together, in
consultation with the CDS Default Committee, to implement the Close-Out
strategy through Standard Default Management Actions.\15\ Specifically,
the Default Management Procedures incorporate instructions on executing
Initial Cover Transactions by auction and bilaterally, conducting
Initial Default Auctions, and executing bilateral direct liquidation
transactions in the market to liquidate positions.\16\ The document
further assigns responsibility for tracking the position changes that
result from the movement of positions or the creation of new
positions.\17\
---------------------------------------------------------------------------

    \15\ Id.
    \16\ Id.
    \17\ Id.
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    In addition to Standard Default Management Actions, ICC may take
Secondary Default Management Actions to facilitate the Close-Out where
default resources are significantly depleted or no default resources
remain.\18\ ICC may call for assessment contributions and the Default
Management Procedures discuss the procedures for calling for assessment
contributions and initiating a Cooling-Off Period.\19\ During the
Cooling-Off Period, the Risk Department and Close-Out Team, in
consultation with the CDS Default Committee, continue to try to
liquidate the defaulter's remaining portfolio through Secondary
Auctions.\20\ If available default resources are exhausted and ICC has
not returned to a matched book, the Close-Out Team uses reasonable
efforts to consult with the Risk Committee and then seeks the Board's
decision on whether to enter a Loss Distribution Period, execute a
partial tear-up, or terminate clearing services, which are detailed in
the Default Management Procedures.\21\
---------------------------------------------------------------------------

    \18\ Id.
    \19\ Id.
    \20\ Id.
    \21\ Id.
---------------------------------------------------------------------------

    Further, the Default Management Procedures provide an overview of
the post-default porting sub-process.\22\ The Risk Department, in
consultation with the CDS Default Committee, determine which Porting
Portfolios to try to transfer to Potential Receiving FCMs.\23\ The
Default Management Procedures also discuss specific procedures for
post-default porting in the case of a bankruptcy-related default, which
require ICC to communicate and coordinate with the defaulter's trustee
in bankruptcy.\24\
---------------------------------------------------------------------------

    \22\ Notice, 84 FR at 34023.
    \23\ Id.
    \24\ Id.
---------------------------------------------------------------------------

    The Default Management Procedures set forth the default resource
management sub-process.\25\ The document includes procedures for the
identification and execution of collateral management activities that
are necessary for ICC to meet upcoming payment obligations.\26\ The
Close-Out Team meets daily during the Close-Out Period to review the
available liquid resources and determine how to meet upcoming payment
obligations.\27\ The Chief Operating Officer and Head of Treasury
coordinate the execution of collateral management activities, including
liquidating non-cash collateral in the defaulter's house and/or client
accounts or utilizing ICC's committed FX or committed repo
facilities.\28\ Further, the Default Management Procedures describe the
maintenance of a Default Management Ledger, which serves as a record to
facilitate decision making and implement ICC's default waterfall; the
discussion points during the Close-Out Team's daily meeting during the
Close-Out Period; and the application of any special payments during
the Close-Out Period.\29\
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    \25\ Id.
    \26\ Id.
    \27\ Id.
    \28\ Id.
    \29\ Id.
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B. Risk Management Framework

    ICC is proposing related default management enhancements to the
Risk Management Framework. Specifically, ICC proposes to incorporate a
reference to the Default Management Procedures in the `Governance and
Organization' section of the Risk Management Framework to specify that
the Default Management Procedures contain details regarding default
management roles and responsibilities of the Board, ICC management, and
relevant committees.\30\ Additionally, ICC proposes changes to the
`Waterfall Level 6: GF Replenishment' sub-section to more clearly
describe CPs' obligations with respect to replenishment and assessment
contributions to the Guarantee Fund (``GF''). The proposed edits
provide additional detail regarding the aggregate liability of CPs for
replenishment and assessment contributions. Specifically, the edits
clarify that if the cap on the additional GF contributions is reached,
ICC may apply additional Initial Margin (``IM'') requirements if
necessary to maintain compliance with regulatory financial resources
requirements.\31\ The proposed changes further discuss how the
additional IM requirements are computed and communicated to CPs.\32\
ICC also proposes to clarify the maximum contribution of a retiring CP
that has given notice of its intent to terminate its CP status.\33\
Finally, because the proposed Default Management Procedures would
restate and substantially expand existing Appendix 3 of the Risk
Management Framework, ICC proposes to remove Appendix 3 and replace a
reference to it in the Risk Management Framework with a reference to
the Default Management Procedures instead.\34\
---------------------------------------------------------------------------

    \30\ Id.
    \31\ Id.
    \32\ Id.
    \33\ Id.
    \34\ Id.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such

proposed rule change is consistent with the requirements of the Act and
the rules and regulations thereunder applicable to such
organization.\35\ For the reasons given below, the Commission finds
that the proposed rule change is consistent with Section 17A(b)(3)(F)
of the Act \36\ and Rules 17Ad-22(b)(3),\37\ 17Ad-22(d)(4),\38\ 17Ad-
22(d)(8),\39\ and 17Ad-22(d)(11) \40\ thereunder.
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    \35\ 15 U.S.C. 78s(b)(2)(C).
    \36\ 15 U.S.C. 78q-1(b)(3)(F).
    \37\ 17 CFR 240.17Ad-22(b)(3).
    \38\ 17 CFR 240.17Ad-22(d)(4).
    \39\ 17 CFR 240.17Ad-22(d)(8).
    \40\ 17 CFR 240.17Ad-22(d)(11).
---------------------------------------------------------------------------

A. Consistency With Section 17A(b)(3)(F) of the Act

    Section 17A(b)(3)(F) of the Act requires, among other things, that
the rules of ICC be designed to promote the prompt and accurate
clearance and settlement of securities transactions and, to the extent
applicable, derivative agreements, contracts, and transactions, as well
as to assure the safeguarding of securities and funds which are in the
custody or control of ICC or for which it is responsible, and, in
general, to protect investors and the public interest.\41\
---------------------------------------------------------------------------

    \41\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The Commission believes that by creating a stand-alone document
that (i) formalizes and enhances ICC's existing default management
procedures; (ii) identifies and cross-references the existing default
management rules and procedures that currently are located in several
other ICC documents; and (iii) describes the sub-processes involved in,
and parties responsible for, those default management procedures, the
proposed rule change would provide additional clarity, transparency,
and detail with respect to ICC's default management procedures, which
in turn would help promote prompt and accurate clearance settlement and
the safeguarding of securities and funds in ICC's control.
Specifically, the Default Management Procedures describe several
default management sub-processes and the parties responsible. As
described above, ICC consults with the CDS Default Committee, whose
membership consists of experienced trading personnel at CDS clearing
participants, prior to taking default actions. Further, the Default
Management Procedures describe that the ICC President may activate the
team responsible for overseeing the default management process, the
Close-Out Team, as well as the various processes for managing default
such as the counterparty monitoring process, default declaration
process, and the standard and secondary default management actions. The
Commission believes that these processes provide ICC the ability to
regularly (daily, weekly, and quarterly) monitor those clearing
participants at risk of default, develop default management strategies
(standard or secondary), and execute default management actions (i.e.,
auctions, tear-ups). The Commission believes that this formalized
process for dealing with defaults before and after their declaration
prepares ICC with assigned personnel and requisite strategies for
effectively managing defaults. This level of detail in turn could help
enhance ICC's ability to manage losses and thus maintain adequate
financial resources necessary to promptly and accurately clear
securities transactions and safeguarding of securities and funds in its
custody and control.
    Similarly, the Commission believes that the proposed changes to the
Risk Management Framework support ICC's ability to maintain adequate
financial resources. As described above, the changes to the Risk
Management Framework more clearly describe CPs' obligations with
respect to replenishment and assessment contributions to the guarantee
fund, and provide additional detail regarding the aggregate liability
of CPs for replenishment and assessment contributions. Further, the
proposed changes clarify that if the cap on the additional GF
contributions is reached, ICC may apply additional IM requirements if
necessary to maintain compliance with regulatory financial resources
requirements, and further discuss how the additional IM requirements
are computed and communicated to CPs. ICC also proposes to clarify the
maximum contribution of a retiring CP that has given notice of its
intent to terminate its CP status. The Commission believes that by
revising the Risk Management Framework with this additional detail, ICC
will ensure that it has the procedures in place to obtain additional
resources when necessary, thereby strengthening its financial position
and ability to promptly and accurately clear securities transactions
and safeguard funds and securities in its custody or control.
Therefore, the Commission believes that the proposed rule changes are
consistent with Section 17A(b)(3)(F) of the Act.

B. Consistency With Rule 17Ad-22(b)(3)

    Rule 17Ad-22(b)(3) requires that ICC establish, implement, maintain
and enforce written policies and procedures reasonably designed to
maintain sufficient financial resources to withstand, at a minimum, a
default by the two participant families to which it has the largest
exposures in extreme but plausible market conditions, in its capacity
as a central counterparty for security-based swaps.\42\
---------------------------------------------------------------------------

    \42\ 17 CFR 240.17Ad-22(b)(3).
---------------------------------------------------------------------------

    As described above, the proposed rule change would provide detailed
instructions for managing defaults. Specifically, the Default
Management Procedures discuss the responsible parties and actions taken
prior and in response to a default. The proposed rule change describes
ICC's counterparty monitoring program in which it performs daily,
weekly, and quarterly monitoring designed, in part, to identify Default
Risk CPs. The Commission believes that by formalizing procedures in
this way ICC strengthens its ongoing system for detecting and coping
with financial stress brought on by CP defaults and enhances its
ability to manage its financial resources to cope with events such as a
default by the two participant families to which it has the largest
exposures in extreme but plausible market conditions.
    Additionally, as stated above, ICC's Default Management Procedures
would describe a variety of tools for dealing with defaults, for
example, unwinding a defaulter's position and structuring an auction or
executing bilateral direct liquidation transactions in the market;
calling for assessment contributions from CPs to the guarantee fund;
implementing reduced gains distributions; or executing a partial tear-
up when available default resources are exhausted. Further, the Default
Management Procedures set forth the process for default resource
management, which involves the identification and execution of
collateral management necessary for meeting upcoming payment
obligations. As mentioned above, liquid resources are reviewed and
decisions are made as to whether to liquidate non-cash collateral in
the defaulter's house and/or client accounts or to use ICC's committed
FX and repo facilities. The Commission believes that these procedures
offer tools to strengthen ICC's ability to manage its financial
resources and withstand the pressures of defaults. Consequently, the
Commission believes that the proposed rule change as relates to the
Default Management Procedures is consistent with the obligations of
Rule 17Ad-22(b)(3).

    Similarly, the Commission believes that the proposed enhancements
to the Risk Management Framework will strengthen ICC's ability to
maintain sufficient financial resources to withstand a default by the
two participant families to which it has the largest exposures in
extreme but plausible market conditions. In particular, as described
above, ICC proposes to more clearly describe a CP's obligations with
respect to replenishment and assessment contributions to the GF. The
proposed edits provide additional detail regarding the aggregate
liability of CPs for replenishment and assessment contributions. If the
cap on the additional GF contributions is reached, ICC may apply
additional IM requirements if necessary to maintain compliance with
regulatory financial resources requirements. The proposed changes
further discuss how the additional IM requirements are computed and
communicated to CPs. ICC also proposes to clarify the maximum
contribution of a retiring CP that has given notice of its intent to
terminate its CP status. The Commission believes that these
clarifications will enhance ICC's ability to obtain additional
financial resources by making parties aware of their financial
liabilities and will in turn help it withstand a default by the two
participant families to which it has the largest exposures in extreme
but plausible market conditions. The Commission believes, therefore,
that the changes to the Risk Management Framework are consistent with
Rule 17Ad-22(b)(3).

C. Consistency With Rule 17Ad-22(d)(4)

    Rule 17Ad-22(d)(4) requires ICC to establish, implement, maintain
and enforce written policies and procedures reasonably designed to
identify sources of operational risk and minimize them through the
development of appropriate systems, controls, and procedures; implement
systems that are reliable, resilient and secure, and have adequate
scalable capacity; and have business continuity plans that allow for
timely recovery of operations and fulfillment of a clearing agency's
obligations.\43\
---------------------------------------------------------------------------

    \43\ 17 CFR 240.17Ad-22(d)(4).
---------------------------------------------------------------------------

    As discussed above, the Default Management Procedures describe how
ICC conducts monitoring of CPs on a daily, weekly, and quarterly basis.
The Commission believes that the activities, as well as others set
forth in the Default Management Procedures, help ICC and its CPs
maintain operational readiness to execute the default management
process. For example, the document sets forth ICC's processes for
carrying out an annual Default Test, reviewing the results of the
annual Default Test, and maintaining up-to-date contact information for
default contacts. Such testing and preparation allow ICC to identify
sources of operational risk and minimize them through the development
of appropriate systems, controls, and procedures and implement systems
that are reliable, resilient and secure, and have adequate scalable
capacity. Consequently, the Commission believes that the proposed rule
change is consistent with Rule 17Ad-22(d)(4).

D. Consistency With Rule 17Ad-22(d)(8)

    Rule 17Ad-22(d)(8) requires, in relevant part, that ICC to
establish, implement, maintain and enforce written policies and
procedures reasonably designed to have governance arrangements that are
clear and transparent to fulfill the public interest requirements in
Section 17A of the Act to support the objectives of owners and
participants, and to promote the effectiveness of the clearing agency's
risk management procedures.\44\
---------------------------------------------------------------------------

    \44\ 17 CFR 240.17Ad-22(d)(8).
---------------------------------------------------------------------------

    As described above, the Default Management Procedures discuss the
role of various parties, including ICC's President, Risk Committee, CDS
Default Committee, and Board. In particular, upon identifying default
risk CPs, the ICC President may take no action or activate the team
responsible for overseeing the default management process, which is
composed of ICC management, the ICC Risk Oversight Officer, and the
most senior member of the Treasury Department and which comprise the
Close-Out Team, to move forward with the process of declaring a
default. Further, if available default resources are exhausted and ICC
has not returned to a matched book, the Close-Out Team uses reasonable
efforts to consult with the Risk Committee and then seeks the Board's
decision on whether to engage in secondary default management actions
such as entering a Loss Distribution Period, executing a partial tear-
up, or terminating clearing services. The Default Management Procedures
also provide an overview of the post-default porting sub-process in
which the Risk Department, in consultation with the CDS Default
Committee, determines which Porting Portfolios to try to transfer. The
Commission believes that these procedures represent comprehensive
governance arrangements that are clear and transparent and promote the
effectiveness of the clearing agency's risk management procedures by
laying out various responsibilities throughout the default management
process. Therefore, the Commission believes that the rule proposal is
consistent with Rule 17Ad-22(d)(8).

E. Consistency With Rule 17Ad-22(d)(11)

    Rule 17Ad-22(d)(11) requires ICC to establish, implement, maintain
and enforce written policies and procedures reasonably designed to make
key aspects of the clearing agency's default procedures publicly
available and establish default procedures that ensure that the
clearing agency can take timely action to contain losses and liquidity
pressures and to continue meeting its obligations in the event of a
participant default.\45\
---------------------------------------------------------------------------

    \45\ 17 CFR 240.17Ad-22(d)(11).
---------------------------------------------------------------------------

    The Commission believes that because ICC's default management rules
and procedures contained in the ICC Rules, the Default Auction
Procedures--Initial Default Auctions, and the Secondary Auction
Procedures are publically available on ICC's website and because the
proposed Default Management Procedures clarify and augment ICC's
existing rules and procedures relating to default management, the
proposed rule change is consistent with the requirement to make key
aspects of the clearing agency's default procedures publicly available.
    Additionally, because of the monitoring and governance procedures
prior to and directly after a default described above, the Commission
believes that the proposed rule changes are consistent with the
requirement to establish default procedures that ensure that the
clearing agency can take timely action to contain losses and liquidity
pressures and to continue meeting its obligations in the event of a
participant default. The Commission believes that the frequency of the
monitoring system enhances ICC's ability to timely respond to default
risk. Consequently, the Commission believes that the proposed rule
change is consistent with Rule 17Ad-22(d)(11).

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act,
and in particular, with the requirements of Section 17A(b)(3)(F) of the
Act'' \46\ and Rules 17Ad-22(b)(3), 17Ad-22(d)(4),

17Ad-22(d)(8), and 17Ad-22(d)(11) thereunder.\47\
---------------------------------------------------------------------------

    \46\ 15 U.S.C. 78q-1(b)(3)(F).
    \47\ 17 CFR 240.17Ad-22(b)(3), 17 CFR 240.17Ad-22(d)(4), (8),
and (11).
---------------------------------------------------------------------------

    It is therefore ordered pursuant to Section 19(b)(2) of the Act
\48\ that the proposed rule change (SR-ICC-2019-008) be, and hereby is,
approved.\49\
---------------------------------------------------------------------------

    \48\ 15 U.S.C. 78s(b)(2).
    \49\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\50\
---------------------------------------------------------------------------

    \50\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-19212 Filed 9-5-19; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: June 18, 2010 (Volume 75, Number 117)]
[Notices]
[Page 34734]
[DOCID:fr18jn10-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD10-12-000]

Improving Market and Planning Efficiency Through Improved
Software; Notice of Agenda and Procedures for Staff Technical
Conference

June 10, 2010.
    This notice establishes the agenda and procedures for the staff
technical conference to be held on June 23 and June 24, 2010 to discuss
issues related to enhanced optimal power flow models and software. The
technical conference will be held from 9 a.m. to 5 p.m. e.d.t. on June
23, 2010, and from 9 a.m. to 3:30 p.m. e.d.t. on June 24, 2010 at the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in the Commission Meeting Room. All interested
persons are invited to attend, and registration is not required.
    The agenda for this conference is attached. The presentations will
be technical in nature, and the session times shown on the agenda
include approximately 10 minutes for questions or discussion after each
presentation. Equipment will be available for computer presentations.
Presenters who wish to include comments, presentations, or handouts in
the record for this proceeding should file their comments with the
Commission. Comments may either be filed on paper or electronically via
the eFiling link on the Commission's Web site at http://www.ferc.gov.
    A free webcast of this event is available through http://
www.ferc.gov. Anyone with Internet access who desires to view this
event can do so by navigating to http://www.ferc.gov's Calendar of
Events and locating this event in the calendar. The event will contain
a link to its webcast. The Capitol Connection provides technical
support for the free webcasts. It also offers access to this event via
television in the DC area and via phone bridge for a fee. If you have
any questions, visit http://www.CapitolConnection.org or call (703)
993-3100.
    FERC conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    For further information about this conference, please contact:

Tom Dautel (Technical Information), Office of Energy Policy and
Innovation,<PHONE_NUMBER><EMAIL_ADDRESS>Eric Krall (Technical Information), Office of Energy Policy and
Innovation,<PHONE_NUMBER><EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.

Agenda for AD10-12 Staff Technical Conference on Enhanced Power Flow
Models

Federal Energy Regulatory Commission

Wednesday, June 23, 2010
9 a.m. Welcome and introduction,
    Richard O'Neill, FERC.
9:20 a.m. Session A.
    Rick Gonzales, New York ISO, Voltage and Reactive Management.
    Slava Maslennikov, ISO New England, Enhancement of Dispatch by
Utilization of Adaptive Transmission Rates.
10:30 a.m. Break.
10:45 a.m. Session B.
    Andy Ott, PJM, Development of Enhanced Generation/Demand Response
Control Algorithm.
    Vladimir Brandwajn and Show Chang, ABB, Optimal Power Flow in
Energy Markets: Current Practices and Future Directions.
Noon Lunch.
1:15 p.m. Session C.
    David Sun, Alstom, Challenges with Practical Usage of Large-Scale
Optimal Power Flow.
    Herminio Pinto, Nexant, AC Optimal Power Flow for Day-Ahead
Reactive Planning.
2:25 p.m. Break.
2:40 p.m. Session D.
    Marija Ilic, Carnegie Mellon University and NETSS, Inc., Jeffrey
Lang, Massachusetts Institute of Technology, NETSSWorks Software: An
Extended AC Optimal Power Flow (AC XOPF) for Managing Available System
Resources.
3:40 p.m. Break.
3:50 p.m. Session E.
    Malcolm Metcalfe, Sempa Power Systems, Low-Cost Fast Regulation
with Load-Based Regulation Services Network.
    Franz Franchetti, Carnegie Mellon University, Trends in High-
Performance Computing for Power Grid Applications.
5 p.m. Day 1 Conclusion,
    Richard O'Neill, FERC.
Thursday, June 24, 2010
9 a.m. Day 2 Welcome,
    Richard O'Neill, FERC.
9:20 a.m. Session F.
    Marija Ilic, Carnegie Mellon University and NETSS, Inc., AC Optimal
Power Flow and Smart Grids.
    Cong Liu, Argonne National Laboratory, Large-Scale Power Grid
Simulation.
10:30 a.m. Break.
10:45 a.m. Session G.
    Sven Leyffer, Argonne National Laboratory, AC Networks and Mixed-
Discrete Global Optimization.
    Srinivas Musunuri, AREVA T&D, Enhanced LP-Based Optimal Power Flow
for Transmission Operations.
Noon Lunch.
1:15 p.m. Session H.
    Ray Zimmerman, Cornell University, SuperOPF Framework.
    Sandy Aivaliotis, The Valley Group, Dynamic Line Ratings.
2:25 p.m. Break.
2:40 p.m. Session I.
    Herminio Pinto, Nexant, Security-Constrained Economic Dispatch with
Post-Contingency Corrective Actions.
3:15 p.m. Day 2 Conclusion,
    Richard O'Neill, FERC.

[FR Doc. 2010-14720 Filed 6-17-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Notices]
[Pages 5537-5538]
[FR Doc No: 2020-01672]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2007-27287]

Petition for Waiver of Compliance

    Under part 211 of title 49 of the Code of Federal Regulations
(CFR), this provides the public notice that by letter received January
18, 2020, BNSF Railway (BNSF) petitioned the Federal Railroad
Administration (FRA) for an extension of a waiver of compliance
contained in Docket Number FRA-2007-27287.
    Specifically, BNSF seeks a second extension of relief from the 2-
year periodic testing requirements in Sec. Sec.  236.377, Approach
locking; 236.378, Time locking; 236.379, Route locking; 236.380,
Indication locking; and 236.381, Traffic locking.
    BNSF states that since the original waiver approval, 95.2% of all
eligible locations across BNSF's network have been enrolled in this
waiver program and received waiver-based locking tests on the extended
schedule with no issues. BNSF is confident that by using this method,
it has reduced the amount of disruption to signal circuits and
operations while spending less time foul of track. Leveraging the
benefits of technology and reducing the opportunity for human failure
yields additional safety benefits, making this BNSF's desired method
for performing these tests.
    BNSF requests to extend the waiver indefinitely. BNSF states it
will maintain the testing procedures and testing interval as outlined
in the waiver. BNSF further asks to eliminate the requirement to submit
to FRA an annual updated listing of the eligible locations, because
BNSF has already enrolled the substantial majority of eligible
locations.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the Department of Transportation's
Docket Operations Facility, 1200 New Jersey Ave. SE, W12-140,
Washington, DC 20590. The Docket Operations Facility is open from 9
a.m. to 5 p.m., Monday through Friday, except Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they

should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by March 16, 2020 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. See also
https://www.regulations.gov/privacyNotice for the privacy notice of
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety Chief Safety Officer.
[FR Doc. 2020-01672 Filed 1-29-20; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Notices]
[Page 84446]
[FR Doc No: 2020-28508]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90723; File No. SR-NYSE-2020-93]

Self-Regulatory Organizations; New York Stock Exchange LLC,
Notice of Designation of a Longer Period for Commission Action on a
Proposed Rule Change to Amend Rules 7.35 and 7.35A

December 18, 2020.
    On November 3, 2020, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to (1) amend Rule 7.35 to make permanent that the
Exchange would disseminate Auction Imbalance Information if a security
is an IPO or Direct Listing and has not had its IPO Auction or Direct
Listing Auction; and (2) amend Rule 7.35A regarding consultations in
connection with an IPO or Direct Listing. The proposed rule change was
published for comment in the Federal Register on November 17, 2020.\3\
The Commission has received no comment letters on the proposed rule
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 90387 (Nov. 10,
2020), 85 FR 73322 (Nov.17, 2020) (SR-NYSE-2020-93).
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a propose rule change, or within
such longer period up to 90 days as the Commission may designate if it
find such longer period to be appropriate and published its reasons for
so finding or as to which the self-regulatory organization consents,
the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the Notice for the proposed rule change
is January 1, 2021. The Commission is extending this 45-day period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change.
Accordingly, pursuant to Section 19(b)(2) of the Act,\5\ the Commission
designates February 15, 2021, as the date by which the Commission shall
either approve or disapprove, or institute proceedings to determine
whether to approve or disapprove, the proposed rule change (File No.
SR-NYSE-2020-93).
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-28508 Filed 12-23-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 161 (Tuesday, August 20, 2019)]
[Notices]
[Page 43196]
[FR Doc No: 2019-17974]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Thursday, August 22, 2019.

PLACE: The meeting will be held at the Commission's headquarters, 100 F
Street NE, Washington, DC 20549.

STATUS:  This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matters of the closed meeting will consist of the
following topics:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: August 15, 2019.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2019-17974 Filed 8-16-19; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 7 (Tuesday, January 12, 2021)]
[Notices]
[Pages 2430-2431]
[FR Doc No: 2021-00398]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2021-0002; Internal Agency Docket No. FEMA-B-2061]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before April 12, 2021.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2061, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
exception occurred on : 2021-00398.htm
exception occurred on : 2021-00398.htm
20472,<PHONE_NUMBER>, or (email) patrick[email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Anderson County, Kansas and Incorporated Areas
          Project: 19-07-0035S Preliminary Date: April 28, 2020
------------------------------------------------------------------------
City of Colony.........................  City Hall, 339 Cherry Street,
                                          Colony, KS 66015.
City of Garnett........................  City Hall, 131 West 5th Avenue,
                                          Garnett, KS 66032.

City of Greeley........................  City Hall, 112 West Brown
                                          Avenue, Greeley, KS 66033.
City of Kincaid........................  City Hall, 500 5th Avenue,
                                          Kincaid, KS 66039.
City of Lone Elm.......................  Lone Elm City Hall, 303 2nd
                                          Street, Kincaid, KS 66039.
City of Westphalia.....................  Anderson County Courthouse, 100
                                          East 4th Avenue, Garnett, KS
                                          66032.
Unincorporated Areas of Anderson County  Anderson County Courthouse, 100
                                          East 4th Avenue, Garnett, KS
                                          66032.
------------------------------------------------------------------------
               Chase County, Kansas and Incorporated Areas
          Project: 19-07-0041S Preliminary Date: April 24, 2020
------------------------------------------------------------------------
City of Cedar Point....................  City Hall, 127 Cedar Street,
                                          Cedar Point, KS 66843.
City of Cottonwood Falls...............  City Hall, 220 Broadway,
                                          Cottonwood Falls, KS 66845.
City of Elmdale........................  Chase County Courthouse, 300
                                          Pearl Street, Cottonwood
                                          Falls, KS 66845.
City of Matfield Green.................  Chase County Courthouse, 300
                                          Pearl Street, Cottonwood
                                          Falls, KS 66845.
City of Strong City....................  City Hall, 204 West Topeka
                                          Avenue, Strong City, KS 66869.
Unincorporated Areas of Chase County...  Chase County Courthouse, 300
                                          Pearl Street, Cottonwood
                                          Falls, KS 66845.
------------------------------------------------------------------------
              Coffey County, Kansas and Incorporated Areas
          Project: 19-07-0037S Preliminary Date: April 10, 2020
------------------------------------------------------------------------
City of Burlington.....................  City Hall, 1013 North 4th
                                          Street, Burlington, KS 66839.
City of Gridley........................  City Hall, 503 Main Street,
                                          Gridley, KS 66852.
City of Lebo...........................  City Hall, 9 East 4th Street,
                                          Lebo, KS 66856.
City of LeRoy..........................  City Hall, 713 South Main
                                          Street, LeRoy, KS 66857.
City of Waverly........................  City Hall, 210 Pearson Avenue,
                                          Waverly, KS 66871.
Unincorporated Areas of Coffey County..  Coffey County Courthouse, 110
                                          South 6th Street, Burlington,
                                          KS 66839.
------------------------------------------------------------------------
              Douglas County, Kansas and Incorporated Areas
           Project: 19-07-0033S Preliminary Date: May 28, 2020
------------------------------------------------------------------------
City of Baldwin City...................  City Hall, 803 8th Street,
                                          Baldwin City, KS 66006.
Unincorporated Areas of Douglas County.  Douglas County Courthouse, 1100
                                          Massachusetts Street,
                                          Lawrence, KS 66044.
------------------------------------------------------------------------

[FR Doc. 2021-00398 Filed 1-11-21; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 85, Number 182 (Friday, September 18, 2020)]
[Rules and Regulations]
[Pages 58294-58295]
[FR Doc No: 2020-20030]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2020-0005; Internal Agency Docket No. FEMA-8645]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: This rule identifies communities where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP) that are scheduled for suspension on the effective dates
listed within this rule because of noncompliance with the floodplain
management requirements of the program. If the Federal Emergency
Management Agency (FEMA) receives documentation that the community has
adopted the required floodplain management measures prior to the
effective suspension date given in this rule, the suspension will not
occur and a notice of this will be provided by publication in the
Federal Register on a subsequent date. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at https://www.fema.gov/national-flood-insurance-program-community-status-book.

DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact Adrienne L. Sheldon, PE, CFM, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
Federal flood insurance that is not otherwise generally available from
private insurers. In return, communities agree to adopt and administer
local floodplain management measures aimed at protecting lives and new
construction from future flooding. Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale
of NFIP flood insurance unless an appropriate public body adopts
adequate floodplain management measures with effective enforcement
measures. The communities listed in this document no longer meet that
statutory requirement for compliance with program regulations, 44 CFR
part 59. Accordingly, the communities will be suspended on the
effective date in the third column. As of that date, flood insurance
will no longer be available in the community. We recognize that some of
these communities may adopt and submit the required documentation of
legally enforceable floodplain management measures after this rule is
published but prior to the actual suspension date. These communities
will not be suspended and will continue to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the suspension of such
communities will be published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard Areas (SFHAs) in these communities.
The date of the FIRM, if one has been published, is indicated in the
fourth column of the table. No direct Federal financial assistance
(except assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act not in connection with a flood) may be
provided for construction or acquisition of buildings in identified
SFHAs for communities not participating in the NFIP and identified for
more than a year on FEMA's initial FIRM for the community as having
flood-prone areas (section 202(a) of the Flood Disaster Protection Act
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against
certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds that notice and public comment procedures under 5
U.S.C. 553(b), are impracticable and unnecessary because communities
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
    National Environmental Policy Act. FEMA has determined that the
community suspension(s) included in this rule is a non-discretionary
action and therefore the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) does not apply.
    Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended,
Section 1315, 42

U.S.C. 4022, prohibits flood insurance coverage unless an appropriate
public body adopts adequate floodplain management measures with
effective enforcement measures. The communities listed no longer comply
with the statutory requirements, and after the effective date, flood
insurance will no longer be available in the communities unless
remedial action takes place.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
1. The authority citation for part 64 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
                                                Effective date
                                                authorization/
                                  Community     cancellation of    Current effective map   Date certain  Federal
      State and location             No.        sale of  flood             date            assistance no  longer
                                                 insurance in                               available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
          Region VII

Iowa:
    Allamakee County,                 190005  N/A, Emerg; July    September 18, 2020....  September 18, 2020.
     Unincorporated Areas.                     19, 2011, Reg;
                                               September 18,
                                               2020, Susp
    Harpers Ferry, City of,           190316  November 19, 1993,  ......do..............   Do.
     Allamakee County.                         Emerg; July 1,
                                               1997, Reg;
                                               September 18,
                                               2020, Susp
    Lansing, City of,                 190006  N/A, Emerg;         ......do..............   Do.
     Allamakee County.                         October 4, 2010,
                                               Reg; September
                                               18, 2020, Susp
    Postville, City of,               190641  N/A, Emerg;         ......do..............   Do.
     Allamakee County.                         October 4, 2010,
                                               Reg;
                                              September 18,
                                               2020, Susp
    Waterville, City of,              190317  N/A, Emerg; May     ......do..............   Do.
     Allamakee County.                         30, 2012, Reg;
                                               September 18,
                                               2020, Susp
           Region IX

Arizona:
    Goodyear, City of,                040046  August 8, 1975,     ......do..............   Do.
     Maricopa County.                          Emerg; July 16,
                                               1979, Reg;
                                               September 18,
                                               2020, Susp
           Region X

Alaska:
    Fairbanks North Star,             025009  May 15, 1970,       ......do..............   Do.
     Borough of, Fairbanks                     Emerg; May 15,
     North Star.                               1970, Reg;
                                               September 18,
                                               2020, Susp
    Juneau, City and Borough          020009  May 22, 1970,       ......do..............   Do.
     of.                                       Emerg; February
                                               4, 1981, Reg;
                                               September 18,
                                               2020, Susp
Washington:
    Chehalis Reservation,             530334  November 28, 1997,  ......do..............   Do.
     Confederated Tribes of,                   Emerg; February
     Grays Harbor County.                      3, 2017, Reg;
                                               September 18,
                                               2020, Susp
    Elma, City of, Grays              530060  July 29, 1975,      ......do..............   Do.
     Harbor County.                            Emerg; August 19,
                                               1985, Reg;
                                               September 18,
                                               2020, Susp
    Grays Harbor County,              530057  April 24, 1974,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               29, 1986, Reg;
                                               September 18,
                                               2020, Susp
    Montesano, City of, Grays         530063  June 12, 1975,      ......do..............   Do.
     Harbor County.                            Emerg; May 10,
                                               1977, Reg;
                                               September 18,
                                               2020, Susp
    Oakville, City of, Grays          530064  November 11, 1975,  ......do..............   Do.
     Harbor County.                            Emerg; June 19,
                                               1985, Reg;
                                               September 18,
                                               2020, Susp
----------------------------------------------------------------------------------------------------------------
*......do and Do = Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.

Katherine B. Fox,
Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration--FEMA Resilience, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2020-20030 Filed 9-17-20; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Notices]
[Page 66550]
[FR Doc No: 2023-21035]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on a Land Release Request for Change in
Use from Aeronautical to Non-Aeronautical at Salisbury-Ocean City:
Wicomico Regional Airport, Salisbury, MD

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of request for a change in use of on-airport property.

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

SUMMARY: The FAA proposes to rule and invites public comment on
Wicomico County's request to change 0.15 acres of federally obligated
airport property at Salisbury-Ocean City: Wicomico Regional Airport,
Salisbury, MD from aeronautical to non-aeronautical use. This acreage
was originally purchased with federal financial assistance through the
Airport Development Aid Program (ADAP). The proposed use of land will
be compatible with the airport and will not interfere with the airport
or its operation.

DATES: Comments must be received on or before October 27, 2023.

FOR FURTHER INFORMATION CONTACT: Comments on this application may be
mailed or delivered to the following address:

Anthony Rudy, Airport Manager, Salisbury-Ocean City: Wicomico Regional
Airport, 5485 Airport Terminal Road, Unit A, Salisbury, MD 2804, (410)
548-4827

and at the FAA Washington Airports District Office:

Matthew J. Thys, Manager, Washington Airports District Office, 13873
Park Center Road, Suite 490S, Herndon, VA 20171,<PHONE_NUMBER>

SUPPLEMENTARY INFORMATION: In accordance with the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century (AIR 21),
Public Law 106-181 (Apr. 5, 2000; 114 Stat. 61), this notice must be
published in the Federal Register 30 days before the Secretary may
waive any condition imposed on a federally obligated airport by grant
agreements. The following is a brief overview of the request.
    Wicomico County has submitted a land release request seeking FAA
approval for the change in use of approximately 0.15 acres of federally
obligated airport property from aeronautical to non-aeronautical use.
The subject property is proposed to be improved with a cell tower and
associated parking area.
    Parcel 6 was originally purchased with federal financial assistance
through the ADAP program. The FAA has determined the proposed project
would have no material impact on aircraft operations, at, to or from
the airport; would not affect the safety of people and property on the
ground adjacent to the airport as a result of aircraft operations; and
would not have an adverse effect on the value of prior Federal
investments to a significant extent. Subsequent to the implementation
of the proposed change in use, rents received by the airport from this
property is considered airport revenue, and will be used in accordance
with 49 U.S.C. 47107(b) and the FAA's Policy and Procedures Concerning
the Use of Airport Revenue published in the Federal Register on
February 16, 1999. The proposed use of the property will not interfere
with the airport or its operation.

    Issued in Herndon, Virginia.
Matthew J. Thys,
Manager, Washington Airports District Office.
[FR Doc. 2023-21035 Filed 9-26-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 243 (Wednesday, December 20, 2023)]
[Notices]
[Pages 88212-88213]
[FR Doc No: 2023-27994]

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

Federal Motor Carrier Safety Administration

[FMCSA-2014-0383; FMCSA-2014-0385; FMCSA-2014-0387; FMCSA-2018-0139;
FMCSA-2019-0109; FMCSA-2019-0110; FMCSA-2021-0015]

Qualification of Drivers; Exemption Applications; Hearing

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 13
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: The exemptions were applicable on November 19, 2023. The
exemptions expire on November 19, 2025.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room
W64-224, Washington, DC 20590-0001,<PHONE_NUMBER>,
[email protected]. Office hours are 8:30 a.m. to 5 p.m. ET Monday
through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number (FMCSA-2014-0383, FMCSA-2014-0385, FMCSA-2014-0387, FMCSA-2018-
0139, FMCSA-2019-0109, FMCSA-2019-0110, or FMCSA-2021-0015) in the
keyword box and click ``Search.'' Next, sort the results by ``Posted
(Newer-Older),'' choose the first notice listed, and click ``Browse
Comments.'' If you do not have access to the internet, you may view the
docket online by visiting Dockets Operations on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001, between 9 a.m. and 5 p.m. ET Monday through Friday, except
Federal holidays. To be sure someone is there to help you, please call
(202) 366-9317 or<PHONE_NUMBER> before visiting Dockets Operations.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption requests. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov. As described in the system of records
notice DOT/ALL 14 (Federal Docket Management System), which can be
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of
the submitter.

II. Background

    On October 31, 2023, FMCSA published a notice announcing its
decision to renew exemptions for 13 individuals from the hearing
standard in 49 CFR 391.41(b)(11) to operate a CMV in interstate
commerce and requested comments from the public (88 FR 74560). The
public comment period ended on November 30, 2023, and no comments were
received.
    FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would likely achieve a level
of safety that is equivalent to, or greater than, the level that would
be achieved by complying with Sec.  391.41(b)(11).
    The physical qualification standard for drivers regarding hearing
found in Sec.  391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing aid
(35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 8, 1971),
respectively).

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based upon its evaluation of the 13 renewal exemption applications,
FMCSA announces its decision to exempt the following drivers from the
hearing requirement in Sec.  391.41(b)(11).
    As of November 19, 2023, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following 13 individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (88 FR 74561):

Jeffrey Barbuto (NH)
Wayne Crowl (IN)
Debbie Gaskill (GA)
Jason Gensler (OH)
Emil Iontchev (IL)
Jerrell McCrary (NC)
Danny McGowan (WV)
Matthew Moore (TX)
Abdiwahab Olow (MN)
Stuart Randles (FL)
Anthony Saive (TN)
Jennifer Valentine (TX)
Donald Weyand (MI)

    The drivers were included in docket numbers FMCSA-2014-0383, FMCSA-
2014-0385, FMCSA-2014-0387, FMCSA-2018-0139, FMCSA-2019-0109, FMCSA-
2019-0110, or FMCSA-2021-0015. Their exemptions were applicable as of
November 19, 2023 and will expire on November 19, 2025.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (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
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136, 49
U.S.C. chapter 313, or the FMCSRs.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-27994 Filed 12-19-23; 8:45 am]
BILLING CODE 4910-EX-P