[Federal Register: June 23, 2006 (Volume 71, Number 121)]
[Notices]
[Page 36155]
[DOCID:fr23jn06-77]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54007; File No. SR-PCX-2006-16]

Self-Regulatory Organizations; Pacific Exchange, Inc. (n/k/a NYSE
Arca, Inc.); Order Granting Approval of a Proposed Rule Change as
Amended by Amendments No. 1, No. 2 and No. 4, to Revise Fees for Equity
Securities Issued by Operating Companies Listed on the Archipelago
Exchange

June 16, 2006.
    On March 1, 2006, the Pacific Exchange, Inc. (n/k/a NYSE Arca,
Inc., ``NYSE Arca'' or ``Exchange''), through its wholly owned
subsidiary PCX Equities, Inc. (n/k/a NYSE Arca Equities, Inc.), 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
revise its Schedule of Fees and Charges (``Fee Schedule'') to revise
certain listing fees for equity securities issued by operating
companies listed on the Archipelago Exchange. On March 17, 2006, the
Exchange filed Amendment No. 1 to the proposed rule change, and on May
5, 2006, the Exchange filed Amendment No. 2 to the proposed rule
change. The proposed rule change, as modified by Amendments No. 1 and
No. 2, was published for comment in the Federal Register on May 12,
2006.\3\ On June 16, 2006, the Exchange filed Amendment No. 4 to the
proposed rule change.\4\ The Commission received no comments on the
proposal.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 53764 (May 5, 2006),
71 FR 27764 (``Notice'').
    \4\ In Amendment No. 4, the Exchange made changes to conform the
proposed rule text to its description in the filing to and correct
typographical errors. Amendment No. 4 is a technical amendment and
is not subject to notice and comment. The Exchange filed Amendment
No. 3 to the proposed rule change on June 5, 2006 and withdrew it on
June 16, 2006.
---------------------------------------------------------------------------

    The proposed rule change, described in the Notice, would amend the
Fee Schedule to revise the application, initial, annual and additional
shares listing fees for equity securities issued by operating companies
listed on the Archipelago Exchange, the equities facility of the
Exchange. The Exchange also proposed related modifications to the Fee
Schedule.
    The Commission has reviewed carefully the proposed rule change and
finds that it is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange.\5\ In particular, the Commission finds that the proposed rule
change is consistent with section 6(b)(4) of the Act,\6\ which requires
that an exchange have an equitable allocation of reasonable dues, fees
and other charges among its members and other persons using its
facilities. The Commission believes the fees are reasonably tailored to
enable the Exchange to compete effectively for listings, while
supporting the costs of issuer services provided by the Exchange.
---------------------------------------------------------------------------

    \5\ In approving this proposed rule change, the Commission notes
that it has considered the proposed rule's impact on efficiency,
competition and capital formation. See 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\7\ that the proposed rule change as amended be, and hereby is
approved.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).

Nancy M. Morris,
Secretary.
 [FR Doc. E6-9933 Filed 6-22-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Notices]
[Pages 21128-21129]
[FR Doc No: 2013-08167]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-D-0258]

Molecular Diagnostic Instruments With Combined Functions; Draft
Guidance for Industry and Food and Drug Administration Staff;
Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of the draft guidance entitled ``Molecular Diagnostic
Instruments with Combined Functions.'' This draft guidance document
provides industry and Agency staff with FDA's current thinking on
regulation of molecular diagnostic instruments that have both device
functions and non-device functions, and on the type of information that
FDA recommends that applicants include in a submission for a molecular
diagnostic instrument that measures or characterizes nucleic acid
analytes and has combined functions. This draft guidance is not final
nor is it in effect at this time.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment of this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by July 8, 2013.

ADDRESSES: Submit written requests for single copies of the draft
guidance document entitled ``Molecular Diagnostic Instruments with
Combined Functions'' to the Division of Small Manufacturers,
International, and Consumer Assistance, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, rm. 4613, Silver Spring, MD 20993-0002. Send one self-
addressed adhesive label to assist that office in processing your
request, or fax your request to<PHONE_NUMBER>. See the SUPPLEMENTARY
INFORMATION section for information on electronic access to the
guidance.
    Submit electronic comments on the draft guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852. Identify comments with the docket number
found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT:  Andrew Grove, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, rm. 5515, Silver Spring, MD 20993-0002,<PHONE_NUMBER>;
or Office of Communication, Outreach and Development, Center for
Biologics Evaluation and Research, RKWL Bldg., suite 601, 11400
Rockville Pike, Rockville, MD 20852, 1-800-835-4709.

SUPPLEMENTARY INFORMATION:

I. Background

    Molecular diagnostic instruments, for example, real-time
thermocyclers, are critical components of certain in vitro diagnostic
devices. They are often used to perform multiple unrelated assays, such
as those that detect methicillin-resistant Staphylococcus aureus,
Hepatitis C virus, and genetic markers of cystic fibrosis. These types
of instruments cannot generally be approved alone, i.e., without an
accompanying assay, because their safety and effectiveness cannot be
evaluated without reference to the assays that they run and their
defined performance parameters. However, the same instruments may also
be used for additional purposes that do not require FDA approval or
clearance, such as for basic scientific research. In the past, FDA has
provided informal advice in response to individual inquiries regarding
the permissibility of having such non-device functions on an instrument
intended to be used with approved in vitro diagnostic assays. This
draft guidance is meant to communicate FDA's policy regarding molecular
diagnostic instruments with combined functions.
    This draft guidance applies to molecular diagnostic instruments
that are medical devices used with assays that measure or characterize
nucleic acid analytes, human or microbial, and that combine both
approved and non-approved functions in a single instrument. This draft
guidance applies to the instrument itself (hardware) as well as to any
firmware or software intended to operate on or to control the
instrument. This draft guidance also addresses software that is
distributed as a stand alone device for use with an approved molecular
diagnostic assay.
    The draft guidance does not apply to instruments approved for use
with assays that are intended to screen donors of blood and blood
components, human cells, tissues, and cellular and tissue-based
products for communicable diseases.
    The recommendations in this draft guidance are not intended to
imply that assays/reagents that have not received FDA marketing
authorization may be marketed by an instrument manufacturer for
clinical use on a molecular diagnostic instrument with combined
approved and non-approved functions. They are also not intended to
change FDA's position regarding the marketing of Research Use Only and
Investigational Use Only assays for clinical use.

II. Significance of Guidance

    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the Agency's current thinking on molecular
diagnostic instruments with combined functions. It does not create or
confer any rights for or on any person and does not operate to bind FDA
or the public. An alternative approach may be used if such approach
satisfies the requirements of the applicable statute and regulations.

III. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do
so by using the Internet. A search capability for all Center for
Devices and Radiological Health guidance documents is available at
http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance documents are also available at
http://www.regulations.gov. To receive ``Molecular Diagnostic
Instruments with Combined Functions,'' you may either send an email
request to<EMAIL_ADDRESS>to receive an electronic copy of the
document or send a fax request to<PHONE_NUMBER> to receive a hard copy.
Please use the document number 1763 to identify the guidance you are
requesting.

IV. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of
information found in FDA regulations and guidance documents. These
collections of information are subject to review by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3520). The collections of information in 21 CFR part
807, subpart E, have been approved under OMB control number

0910-0120; the collections of information in 21 CFR part 803 have been
approved under OMB control number 0910-0437; and the collections of
information in 21 CFR part 801 and 21 CFR 809.10 have been approved
under OMB control number 0910-0485.

V. Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

    Dated: April 3, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013-08167 Filed 4-8-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Notices]
[Page 81709]
[FR Doc No: 2010-32505]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2010-62]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
the FAA's regulatory activities. Neither publication of this notice nor
the inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before January 18, 2011.

ADDRESSES: You may send comments identified by Docket Number FAA-2010-
0766 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
e3at any time or to the Docket Management Facility in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mark Forseth, ANM-113,<PHONE_NUMBER>,
Federal Aviation Administration, 1601 Lind Avenue, SW., Renton, WA
98057-3356, or Frances Shaver,<PHONE_NUMBER>, Office of Rulemaking
(ARM-207), Federal Aviation Administration, 800 Independence Avenue,
SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on December 21, 2010.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition For Exemption

    Docket No.: FAA-2010-0766.
    Petitioner: Airbus SAS.
    Section of 14 CFR Affected: Sec.  25.841(a)(2)(i) and (ii), and
(a)(3).
    Description of Relief Sought: The petitioner seeks relief of Sec.
25.841(a)(2)(i) and (ii), and (a)(3) to allow cabin decompressions
which can occur from uncontained engine-rotor failures that result in
holes in the fuselage exceeding CFR-specified dimensions.

[FR Doc. 2010-32505 Filed 12-27-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 7, 2009 (Volume 74, Number 193)]
[Notices]
[Page 51635-51636]
[DOCID:fr07oc09-109]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60750; File No. SR-NYSEArca-2009-87]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Extending the Pilot
Period to Receive Inbound Routes of Orders From Archipelago Securities
LLC

September 30, 2009.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on September 30, 2009, NYSE Arca, Inc. (``NYSE Arca'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and
II, below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to extend the pilot period of the Exchange's
prior approvals to receive inbound routes of equities orders from
Archipelago Securities LLC (``Arca Securities''), an NYSE Arca
affiliated ETP Holder. A copy of this filing is available on the
Exchange's Web site at http://www.nyse.com, at the Exchange's principal
office and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    Currently, Arca Securities is the approved outbound order routing
facility of the Exchange.\3\ Arca Securities is also the approved
outbound order routing facility of the New York Stock Exchange
(``NYSE'') and NYSE Amex LLC (``NYSE Amex'').\4\ The Exchange, through
its wholly-owned subsidiary, NYSE Arca Equities, Inc., has also been
previously approved to receive inbound routes of equities orders by
Arca Securities in its capacity as an order routing facility of NYSE
Amex and the NYSE.\5\ The Exchange's authority to receive inbound
routes of equities orders by Arca Securities was subject to a pilot
period ending September 29, 2009. The Exchange hereby seeks to extend
the previously approved pilot period (with the attendant obligations
and conditions) for an additional 3 months, through December 31, 2009.
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    \3\ See Securities Exchange Act Release No. 34-53238 (July 28,
2006), 71 FR 44758 (August 7, 2006) (order approving SR-NYSEArca-
2006-13); see also, Securities Exchange Act Release No. 52497
(September 22, 2005), 70 FR 56949 (September 29, 2005) (SR-PCX-2005-
90); see also, Securities Exchange Act Release No. 44983 (October
25, 2001), 66 FR 55225 (November 1, 2001) (SR-PCX-00-25); see also,
Securities Exchange Act Release No. 58681 (September 29, 2008), 73
FR 58285 (October 6, 2008) (order approving NYSEArca-2008-90).
    \4\ See Securities Exchange Act Release No. 34-55590 (April 5,
2007), 72 FR 18707 (April 13, 2007) (notice of immediate
effectiveness of SR-NYSE-2007-29); see also, Securities and Exchange
Act Release No. 34-58680 (September 29, 2008), 73 FR 58283 (October
6, 2008) (order approving SR-NYSE-2008-76). See Securities Exchange
Act Release No. 59009 (November 24, 2008), 73 FR 73363 (December 2,
2008) (order approving SR-NYSEALTR-2008-07); see also, Securities
and Exchange Act Release No. 34-59473 (February 27, 2009) 74 FR 9853
(March 6, 2009) (order approving SR-NYSEALTR-2009-18).
    \5\ See Securities Exchange Act Release No. 58681 (September 29,
2008), 73 FR 58285 (October 6, 2008) (order approving NYSEArca-2008-
90); see also, Securities and Exchange Act Release No. 34-59010
(November 24, 2008), 73 FR 73373 (December 2, 2008) (order approving
SR-NYSEArca-2008-130).
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \6\ of the
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers
the objectives of Section 6(b)(5) \7\ in particular in that it is
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, and to remove impediments to and perfect the mechanism of a
free and open market and a national market system. Specifically, the
proposed rule change will allow the Exchange to continue receiving
inbound routes of equities orders from Arca Securities acting in its
capacity as a facility of the NYSE and NYSE Amex, in a manner
consistent with prior approvals and established protections. The
Exchange believes that extending the previously approved pilot period
for three months is of sufficient length to permit both the Exchange
and the Commission to assess the impact of the Exchange's authority to
receive direct inbound routes of equities orders via Arca Securities
(including the attendant obligations and conditions).
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not

necessary or appropriate in furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing rule change does not: (1) Significantly
affect the protection of investors or the public interest; (2) impose
any significant burden on competition; and (3) become operative for 30
days after the date of this filing, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under 19b-4(f)(6) normally may not
become operative prior to 30 days after the date of filing.\10\
However, Rule 19b-4(f)(6)(iii) \11\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay. The Exchange notes that
the proposal will allow the Exchange to continue receiving inbound
routes of equities orders from Arca Securities, in a manner consistent
with prior approvals and established protections, while also permitting
the Exchange and the Commission to assess the impact of the pilot.\12\
The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because such waiver would allow the pilot period to be extended without
interruption through December 31, 2009. For this reason, the Commission
designates the proposed rule change to be operative upon filing with
the Commission.\13\
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    \10\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires that a self-regulatory organization submit to
the Commission written notice of its intent to file the proposed
rule change, along with a brief description and text of the proposed
rule change, at least five business days prior to the date of filing
of the proposed rule change, or such shorter time as designated by
the Commission. The Exchange has satisfied this requirement.
    \11\ Id.
    \12\ See SR-NYSEArca-2009-87, Item 7.
    \13\ For the purposes only of waiving the 30-day operative
delay, the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors or otherwise in
furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2009-87 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2009-87. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2009-87 and should be submitted on or before
October 28, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-24133 Filed 10-6-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 96196-96199]
[FR Doc No: 2016-31559]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5748; FMCSA-1999-6156; FMCSA-2001-11426; FMCSA-
2003-16564; FMCSA-2005-22194; FMCSA-2005-23099; FMCSA-2006-23773;
FMCSA-2006-24015; FMCSA-2006-24783; FMCSA-2007-0017; FMCSA-2007-0071;
FMCSA-2007-29010; FMCSA-2008-0021; FMCSA-2009-0011; FMCSA-2009-0291;
FMCSA-2010-0050; FMCSA-2010-0082; FMCSA-2011-0379; FMCSA-2012-0040;
FMCSA-2012-0104; FMCSA-2012-0106; FMCSA-2013-0166; FMCSA-2013-0174;
FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004; FMCSA-2014-0005;
FMCSA-2014-0006]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for 88
individuals from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to continue to
operate CMVs in interstate commerce without meeting the vision
requirement in one eye.

DATES: Each group of renewed exemptions was effective on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before January
30, 2017.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
e.t., Monday through Friday,

except Federal holidays. If you have questions regarding viewing or
submitting material to the docket, contact Docket Services, telephone
(202) 366-9826.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-1999-5748; FMCSA-1999-6156;
FMCSA-2001-11426; FMCSA-2003-16564; FMCSA-2005-22194; FMCSA-2005-23099;
FMCSA-2006-23773; FMCSA-2006-24015; FMCSA-2006-24783; FMCSA-2007-0017;
FMCSA-2007-0071; FMCSA-2007-29010; FMCSA-2008-0021; FMCSA-2009-0011;
FMCSA-2009-0291; FMCSA-2010-0050; FMCSA-2010-0082; FMCSA-2011-0379;
FMCSA-2012-0040; FMCSA-2012-0104; FMCSA-2012-0106; FMCSA-2013-0166;
FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0004;
FMCSA-2014-0005; FMCSA-2014-0006 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for two years if it finds ``such exemption would likely achieve a level
of safety that is equivalent to or greater than the level that would be
achieved absent such exemption.'' The statute also allows the Agency to
renew exemptions at the end of the two-year period.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to driver a CMV if that person:

    Has distant visual acuity of at least 20/40 (Snellen) in each
eye without corrective lenses or visual acuity separately corrected
to 20/40 (Snellen) or better with corrective lenses, distant
binocular acuity of a least 20/40 (Snellen) in both eyes with or
without corrective lenses, field of vision of at least 70[deg] in
the horizontal meridian in each eye, and the ability to recognize
the colors of traffic signals and devices showing red, green, and
amber.

    The 88 individuals listed in this notice have requested renewal of
their exemptions from the vision standard in 49 CFR 391.41(b)(10), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable two-year period.

II. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

III. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of
the 88 applicants has satisfied the renewal conditions for obtaining an
exemption from the vision requirement (64 FR 40404; 64 FR 54948; 64 FR
66962; 65 FR 159; 66 FR 63289; 67 FR 10471; 67 FR 10475; 67 FR 19798;
68 FR 64944; 68 FR 74699; 69 FR 8260; 69 FR 10503; 69 FR 19611; 70 FR
57353; 70 FR 67776; 70 FR 72689; 71 FR 4194; 71 FR 6824; 71 FR 6828; 71
FR 6829; 71 FR 13450; 71 FR 14567; 71 FR 19604; 71 FR 26602; 71 FR
30229; 71 FR 32183; 71 FR 41310; 72 FR 58362; 72 FR 64273; 72 FR 67340;
72 FR 67344; 73 FR 1395; 73 FR 6242; 73 FR 11989; 73 FR 15254; 73 FR
15255; 73 FR 15567; 73 FR 16950; 73 FR 27015; 73 FR 27017; 73 FR 27018;
73 FR 28187; 73 FR 36955; 74 FR 62632; 74 FR 65842; 74 FR 65845; 75 FR
9477; 75 FR 9481; 75 FR 9482; 75 FR 14656; 75 FR 19674; 75 FR 20881; 75
FR 20882; 75 FR 22178; 75 FR 25917; 75 FR 25918; 75 FR 27621; 75 FR
28684; 75 FR 36778; 75 FR 36779; 75 FR 39729; 76 FR 70215; 77 FR 7233;
77 FR 10606; 77 FR 13689; 77 FR 15184; 77 FR 17115; 77 FR 23797; 77 FR
23799; 77 FR 23800; 77 FR 27847; 77 FR 27849; 77 FR 27850; 77 FR 33017;
77 FR 33558; 77 FR 36338; 77 FR 38384; 77 FR 38386; 77 FR 44708; 78 FR
62935; 78 FR 64280; 78 FR 76395; 79 FR 1908; 79 FR 10606; 79 FR 14328;
79 FR 14331; 79 FR 14333; 79 FR 14571; 79 FR 17641; 79 FR 18390; 79 FR
18392; 79 FR 22000; 79 FR 22003; 79 FR 23797; 79 FR 27365; 79 FR 27681;
79 FR 28588; 79 FR 29495; 79 FR 29498; 79 FR 35212; 79 FR 35218; 79 FR
35220; 79 FR 37843; 79 FR 38649; 79 FR 47175). They have submitted
evidence showing that the vision in the better eye continues to meet
the requirement specified at 49 CFR 391.41(b)(10) and that the vision
impairment is stable. In addition, a review of each record of safety
while driving with the respective vision deficiencies over the past two
years indicates each applicant continues to meet the vision exemption
requirements. These factors provide an adequate basis for predicting
each driver's ability to continue to drive safely in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of July and
are discussed below:
    As of July 8, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 40 individuals have satisfied the conditions for
obtaining a renewed

exemption from the vision requirements (64 FR 40404; 64 FR 66962; 66 FR
63289; 67 FR 10471; 67 FR 19798; 68 FR 64944; 69 FR 19611; 70 FR 57353;
70 FR 67776; 70 FR 72689; 71 FR 26602; 72 FR 58362; 72 FR 64273; 72 FR
67340; 72 FR 67344; 73 FR 1395; 73 FR 6242; 73 FR 15254; 73 FR 15567;
73 FR 16950; 73 FR 27015; 73 FR 27017; 74 FR 62632; 74 FR 65842; 74 FR
65845; 75 FR 9477; 75 FR 9482; 75 FR 14656; 75 FR 19674; 75 FR 20881;
75 FR 27621; 75 FR 28684; 76 FR 70215; 77 FR 7233; 77 FR 10606; 77 FR
13689; 77 FR 17115; 77 FR 23799; 77 FR 23800; 77 FR 27847; 77 FR 27849;
77 FR 33558; 77 FR 38386; 78 FR 62935; 78 FR 64280; 78 FR 76395; 79 FR
1908; 79 FR 10606; 79 FR 14328; 79 FR 14331; 79 FR 14333; 79 FR 14571;
79 FR 17641; 79 FR 18390; 79 FR 18392; 79 FR 22000; 79 FR 22003; 79 FR
23797; 79 FR 27365; 79 FR 27681; 79 FR 28588; 79 FR 29495; 79 FR 29498;
79 FR 38649):

Guy M. Alloway (OR)
Roger E. Anderson (TX)
Alan A. Andrews (NE)
William C. Christy (FL)
David F. Cialdea (MA)
Gerard J. Cormier (MA)
Travis C. Denzler (MN)
Barent H. Eliason (MO)
Sean O. Feeny (FL)
Paul W. Fettig (SD)
Hector O. Flores (MD)
Brian R. Gallagher (TX)
Todd C. Grider (IN)
Jimmy G. Hall (NC)
Taras G. Hamilton (TX)
Donald W. Holt (MA)
William D. Jackson (MN)
Darryl J. Johnson (MN)
Gregory R. Johnson (SC)
Glenn K. Johnson, Jr. (NC)
John Lucas (NC)
Albert E. Malley (MN)
Steven Martin (IL)
Charles E. Meis (TX)
Carlos A. Mendez-Castellon (VA)
Michael R. Moore (MD)
Charles R. Morris, Jr. (OH)
Hassan Ourahou (KY)
James M. Nohl (MN)
Enoc Ramos III (TX)
Jamey D. Reed (OK)
Christopher A. Reineck (OH)
James T. Rohr (MN)
Joe Sanchez (TX)
James S. Seeno (NV)
Steven S. Smith, Jr. (PA)
Thomas L. Tveit (SD)
Kevin R. White (NC)
Richard W. Wylie (CT)
Steven E. Young (MO)

    The drivers were included in one of the following dockets: Docket
Nos. FMCSA-1999-5748; FMCSA-2001-11426; FMCSA-2005-22194; FMCSA-2007-
0017; FMCSA-2007-0071; FMCSA-2007-29019; FMCSA-2008-0021; FMCSA-2009-
0291; FMCSA-2010-0050; FMCSA-2012-0040; FMCSA-2012-0104; FMCSA-2013-
0166; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-
0004; FMCSA-2014-0005. Their exemptions are effective as of July 8,
2016, and will expire on July 8, 2018.
    As of July 12, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 7 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (71 FR 4194;
71 FR 13450; 73 FR 15255; 75 FR 9481; 75 FR 20882; 75 FR 22178; 75 FR
25917; 75 FR 25918; 75 FR 39729; 77 FR 15184; 77 FR 27847; 77 FR 27850;
77 FR 36338; 77 FR 38386; 79 FR 35220):
Walter M. Brown (SC)
Chadwick S. Chambers (AL)
William C. Dempsey, Jr. (MA)
Miguel H. Espinoza (CA)
Ricky P. Hastings (TX)
Leland B. Moss (VT)
Markus Perkins (LA)

    The drivers were included in one of the following dockets: Docket
No. FMCSA-2005-23099; FMCSA-2009-0011; FMCSA-2010-0082; FMCSA-2011-
0379; FMCSA-2012-0104. Their exemptions are effective as of July 12,
2016, and will expire on July 12, 2018.
    As of July 20, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 17 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (64 FR 5948;
65 FR 159; 67 FR 10471; 67 FR 10475; 67 FR 19798; 68 FR 74699; 69 FR
8260; 69 FR 10503; 69 FR 19611; 70 FR 57353; 70 FR 72689; 71 FR 6824;
71 FR 6828; 71 FR 6829; 71 FR 14567; 71 FR 19604; 71 FR 26602; 71 FR
30229; 71 FR 32183; 71 FR 41310; 73 FR 11989; 73 FR 15567; 73 FR 27017;
73 FR 27018; 73 FR 28187; 73 FR 36955; 75 FR 36778; 75 FR 36779; 77 FR
38384; 79 FR 35212; 79 FR 35218; 79 FR 47175):

Delmas C. Bergdoll (WV)
Kenneth J. Bernard (LA)
Harvis P. Cosby (MD)
Daniel R. Franks (OH)
Walter D. Hague, Jr. (VA)
William G. Hix (AR)
Timothy B. Hummel (KY)
Clarence H. Jacobsma (IN)
Charles E. Johnston (MO)
Aaron C. Lougher (OR)
William F. Mack (WA)
Patrick E. Martin (WA)
Leland K. McAlhaney (IN)
Ronald M. Price (MD)
Scott D. Russell (WI)
Alton M. Rutherford (FL)
Sandra J. Sperling (WA)

    The drivers were included on the following docket: Docket No.
FMCSA-1999-6156; FMCSA-2001-11426; FMCSA-2003-16564; FMCSA-2005-22194;
FMCSA-2006-23773; FMCSA-2006-24015; FMCSA-2006-24783; FMCSA-2008-0021;
FMCSA-2014-0006. Their exemptions are effective as of July 20, 2016,
and will expire on July 20, 2018.
    As of July 22, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 15 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (79 FR
35212; 79 FR 47175):

Abdulahi Abukar (KY)
Gregory K. Banister (SC)
Amanuel W. Behon (WA)
Kenneth W. Bos (MN)
Brian L. Elliot (MO)
Bradley C. Hansell (OR)
Samuel L. Klaphake (MN)
Timothy L. Klose (PA)
Phillip E. Mason (MO)
Kenneth A. Orrino (WA)
Ruel W. Smith (SD)
Loren Smith (SD)
Seth D. Sweeten (ID)
Ronald L. Weiss (MN)
John T. White, Jr. (NC)

    The drivers were included on the following docket: Docket No.
FMCSA-2014-0006. Their exemptions are effective as of July 22, 2016,
and will expire on July 22, 2018.
    As of July 30, 2016, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 9 individuals have satisfied the conditions for
obtaining a renewed exemption from the vision requirements (71 FR
32183; 71 FR 41310; 73 FR 36955; 75 FR 25917; 75 FR 36779; 75 FR 39729;
77 FR 33017; 77 FR 36338; 77 FR 38384; 77 FR 44708; 79 FR 37843; 79 FR
38661):

Dale W. Coblentz (MT)
Lester M. Ellingson, Jr.
Damon G. Gallardo (CA)
Daniel L. Grover (KS)
James E. Modaffari (OR)
Larry A. Nienhaus (MI)
Gregory A. Reinert (MN)
Scott J. Schlenker (WA)
Joseph B. Shaw, Jr. (VA)

    The drivers were included on the following docket: Docket No.
FMCSA-2006-24783; FMCSA-2010-0082; FMCSA-2012-0106. Their exemptions
are effective as of July 30, 2016, and will expire on July 30, 2018.

Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must undergo an annual physical examination (a) by an
ophthalmologist or optometrist who attests that the

vision in the better eye continues to meet the requirements in 49 CFR
391.41(b)(10), and (b) by a certified Medical Examiner, as defined by
49 CFR 390.5, who attests that the driver is otherwise physically
qualified under 49 CFR 391.41; (2) each driver must provide a copy of
the ophthalmologist's or optometrist's report to the Medical Examiner
at the time of the annual medical examination; and (3) each driver must
provide a copy of the annual medical certification to the employer for
retention in the driver's qualification file and retains a copy of the
certification on his/her person while driving for presentation to a
duly authorized Federal, State, or local enforcement official. The
exemption will be rescinded if: (1) The person fails to comply with the
terms and conditions of the exemption; (2) the exemption has resulted
in a lower level of safety than was maintained before it was granted;
or (3) continuation of the exemption would not be consistent with the
goals and objectives of 49 U.S.C. 31136(e) and 31315.

IV. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the 88 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the vision
requirement in 49 CFR 391.41(b)(10), subject to the requirements cited
above (49 CFR 391.64(b)). In accordance with 49 U.S.C. 31136(e) and
31315, each exemption will be valid for two years unless revoked
earlier by FMCSA.

    Issued on: December 19, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-31559 Filed 12-28-16; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: October 12, 2010 (Volume 75, Number 196)]
[Notices]
[Page 62531]
[DOCID:fr12oc10-65]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF10-7-000]

Western Area Power Administration; Notice of Filing

October 1, 2010.
    Take notice that on September 16, 2010, the Deputy Secretary of the
Department of Energy, under the authority vested in the Federal Energy
Regulatory Commission by Delegation Order No. 00-037.00, submitted Rate
Order No. WAPA-150, extension of the Boulder Canyon Project electric
service, for confirmation and final approval to be effective October 1,
2010, up to September 30, 2015.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 20, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-25507 Filed 10-8-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Notices]
[Page 30566]
[FR Doc No: E9-15143]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR09-10-000]

Jayhawk Pipeline, L.L.C.; Notice of Request for Temporary Waiver
of Tariff Filing and Reporting Requirements

June 19, 2009.
    Take notice that on June 5, 2009, JayHawk Pipeline, L.L.C.
(Jayhawk) pursuant to Rule 207(a)(2) of the Commission's Rules of
Practice and Procedure, 18 CFR 385.204 (2007), tendered for filing an
application for temporary waiver of the Interstate Commerce Act,
Section 6 and Section 20 tariff filing and reporting requirements
applicable to interstate common carrier pipelines.
    Jayhawk stated that their pipeline facilities will be used
exclusively for the transportation of crude oil to refineries owned by
direct or indirect wholly-owned subsidiaries of National Cooperative
Refinery Association to sole shareholder of Jayhawk.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on Friday, June 26, 2009

Kimberly D. Bose,
Secretary.
[FR Doc. E9-15143 Filed 6-25-09; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 19 (Monday, January 30, 2012)]
[Notices]
[Pages 4595-4597]
[FR Doc No: 2012-1882]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66222; File No. SR-EDGX-2012-02]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
EDGX Rule 11.13 To Extend the Operation of a Pilot Program Pursuant to
the Rule Until July 31, 2012

January 24, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on January 11, 2012, the EDGX Exchange, Inc. (the ``Exchange'' or
the ``EDGX'') filed with the Securities and Exchange

Commission (``Commission'') the proposed rule change as described in
Items I and II below, which items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend EDGX Rule 11.13 to extend the
operation of a pilot pursuant to the Rule (the ``Pilot'') until July
31, 2012. The text of the proposed rule change is available on the
Exchange's Web site at http://www.directedge.com, at the principal
office of the Exchange, on the Commission's Web site at http://www.sec.gov, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The purpose of this filing is to extend the effectiveness of the
Exchange's current rule applicable to Clearly Erroneous Executions,
Rule 11.13, through July 31, 2012.
Background
    The rule, explained in further detail below, was initially approved
to operate under a Pilot program set to expire on December 10, 2010.\3\
Then, it was subsequently extended by the Exchange to April 11,
2011.\4\ Then, it was further extended by the Exchange through the
earlier of August 11, 2011 or the date on which a limit up/limit down
mechanism to address extraordinary market volatility, if adopted,
applies.\5\ Then, it was further extended through January 31, 2012.\6\
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    \3\ See Securities Exchange Act Release No. 62886 (September 10,
2010), 75 FR 56613 (September 16, 2010) (SR-EDGX-2010-03).
    \4\ See Securities Exchange Act Release No. 63515 (December 10,
2010), 75 FR 78319 (December 15, 2010) (SR-EDGX-2010-23).
    \5\ See Securities Exchange Act Release No. 64229 (April 7,
2011), 76 FR 20738 (April 13, 2011) (SR-EDGX-2011-11).
    \6\ See Securities Exchange Act Release No. 65073 (August 9,
2011), 76 FR 50512 (August 15, 2011) (SR-EDGX-2011-24).
---------------------------------------------------------------------------

    On September 10, 2010, the Commission approved, on a Pilot basis,
changes to EDGX Rule 11.13 to provide for uniform treatment: (1) of
clearly erroneous execution reviews in multi-stock events involving
twenty or more securities; and (2) in the event transactions occur that
result in the issuance of an individual stock trading pause by the
primary market and subsequent transactions that occur before the
trading pause is in effect on the Exchange.\7\ The Exchange also
adopted additional changes to Rule 11.13 that reduced the ability of
the Exchange to deviate from the objective standards set forth in Rule
11.13.\8\ The Exchange believes the benefits to market participants
from the more objective clearly erroneous executions rule should be
approved to continue on a Pilot basis through July 31, 2012.
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    \7\ See Securities Exchange Act Release No. 62886 (September 10,
2010), 75 FR 56613 (September 16, 2010) (SR-EDGX-2010-03).
    \8\ Id.
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2. Statutory Basis
    The statutory basis for the proposed rule change is Section 6(b)(5)
of the Act,\9\ which requires the rules of an exchange to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system
and, in general, to protect investors and the public interest. The
Exchange believes that the proposed rule meets these requirements in
that it promotes transparency and uniformity across markets concerning
review of transactions as clearly erroneous. More specifically, the
Exchange believes that the extension of the Pilot would help assure
that the determination of whether a clearly erroneous trade has
occurred will be based on clear and objective criteria, and that the
resolution of the incident will occur promptly through a transparent
process. The proposed rule change would also help assure consistent
results in handling erroneous trades across the U.S. markets, thus
furthering fair and orderly markets, the protection of investors and
the public interest.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \10\ and Rule 19b-4(f)(6) thereunder.\11\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6)(iii) thereunder.\13\
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    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii) \15\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest, as
it will allow the pilot program to continue

uninterrupted, thereby avoiding the investor confusion that could
result from a temporary interruption in the pilot program. For this
reason, the Commission designates the proposed rule change as operative
upon filing.\16\
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    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-EDGX-2012-02 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-EDGX-2012-02. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-EDGX-2012-02 and should be
submitted on or before February 21, 2012.
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    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-1882 Filed 1-27-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 27 (Wednesday, February 10, 2016)]
[Notices]
[Pages 7089-7090]
[FR Doc No: 2016-02632]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER14-2875-003.
    Applicants: UNS Electric, Inc.
    Description: Compliance filing: Amended Formula Rate Protocols
Compliance Filing to be effective 11/14/2014.
    Filed Date: 2/4/16.
    Accession Number: 20160204-5072.
    Comments Due: 5 p.m. ET 2/25/16.

    Docket Numbers: ER15-2331-001.
    Applicants: PJM Interconnection, L.L.C., Baltimore Gas and Electric
Company.
    Description: Compliance filing: BGE submits revisions to Attach. H-
2A re: Sept 30 Order citation & formatting to be effective 10/1/2015.
    Filed Date: 2/3/16.
    Accession Number: 20160203-5146.
    Comments Due: 5 p.m. ET 2/24/16.

    Docket Numbers: ER16-56-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Compliance filing: 2016-02-03_Hurdle Rate Removal
Compliance Filing to be effective 2/1/2016.
    Filed Date: 2/3/16.
    Accession Number: 20160203-5197.
    Comments Due: 5 p.m. ET 2/24/16.

    Docket Numbers: ER16-270-002.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment: 2016-02-03_SA 2863 2nd Amendment to
ATC Construction Management Agreement to be effective 10/30/2015.
    Filed Date: 2/3/16.
    Accession Number: 20160203-5201.
    Comments Due: 5 p.m. ET 2/24/16.

    Docket Numbers: ER16-883-000.
    Applicants: Bishop Hill Energy LLC.
    Description: Sec.  205(d) Rate Filing: Amended and Restated
Assignment, Co-Tenancy, and Shared Facilities Agreement to be effective
4/4/2016.
    Filed Date: 2/3/16.
    Accession Number: 20160203-5221.
    Comments Due: 5 p.m. ET 2/24/16.

    Docket Numbers: ER16-884-000.
    Applicants: Roosevelt Wind Project, LLC, Milo Wind Project, LLC.
    Description: Sec.  205(d) Rate Filing: Roosevelt-Milo Cotenancy and
Common Facilities Agreement & Notice Waiver Request to be effective 12/
18/2015.
    Filed Date: 2/3/16.
    Accession Number: 20160203-5235.
    Comments Due: 5 p.m. ET 2/24/16.

    Docket Numbers: ER16-885-000.
    Applicants: Entergy Louisiana, LLC, Entergy New Orleans, Inc.,
Entergy Arkansas, Inc.
    Description: Sec.  205(d) Rate Filing: Union Power Station Joint
Operating Agreement to be effective 12/31/9998.
    Filed Date: 2/3/16.
    Accession Number: 20160203-5239.
    Comments Due: 5 p.m. ET 2/24/16.

    Docket Numbers: ER16-886-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2016-02-03_SA 2677 GRE-NSP
1st Rev GIA (J278) to be effective 2/4/2016.
    Filed Date: 2/3/16.
    Accession Number: 20160203-5241.
    Comments Due: 5 p.m. ET 2/24/16.

    Docket Numbers: ER16-887-000.
    Applicants: Milo Wind Project, LLC.
    Description: Sec.  205(d) Rate Filing: Milo Certificate of
Concurrence to Roosevelt-Milo CFA and Notice Waiver Request to be
effective 12/18/2015.
    Filed Date: 2/3/16.
    Accession Number: 20160203-5245.
    Comments Due: 5 p.m. ET 2/24/16.

    Docket Numbers: ER16-888-000.
    Applicants: Midcontinent Independent System Operator, Inc.,
Montana-Dakota Utilities Co., Division of MDU Resources Inc.
    Description: Sec.  205(d) Rate Filing: 2016-02-04_MDU Attachment
O--30.9 Filing to be effective 4/4/2016.
    Filed Date: 2/4/16.
    Accession Number: 20160204-5040.
    Comments Due: 5 p.m. ET 2/25/16.

    Docket Numbers: ER16-889-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2016-02-04_SA 2718
Termination of Duke Energy Indiana-Duke Energy J333/J334 GIA to be
effective 4/16/2016.
    Filed Date: 2/4/16.
    Accession Number: 20160204-5110.
    Comments Due: 5 p.m. ET 2/25/16.

    Docket Numbers: ER16-890-000.
    Applicants: Summer Solar LLC.
    Description: Baseline eTariff Filing: Summer Solar LLC MBR Tariff
to be effective 3/4/2016.
    Filed Date: 2/4/16.
    Accession Number: 20160204-5120.
    Comments Due: 5 p.m. ET 2/25/16.

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

    Dated: February 4, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-02632 Filed 2-9-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: June 13, 2007 (Volume 72, Number 113)]
[Notices]
[Page 32635]
[DOCID:fr13jn07-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. RP05-422-021; RP06-226-004]

El Paso Natural Gas Company; Notice of Compliance Filing

June 5, 2007.
    Take notice that on June 1, 2007, El Paso Natural Gas Company
(EPNG) tendered for filing as part of its FERC Gas Tariff, Second
Revised Volume No. 1A, the following tariff sheets to become effective
July 1, 2007:

Twelfth Revised Sheet No. 202A
First Revised Sheet No. 362A
First Revised Sheet No. 362B
First Revised Sheet No. 362C
First Revised Sheet No. 362E
First Revised Sheet No. 362F
First Revised Sheet No. 362G
First Revised Sheet No. 362H
First Revised Sheet No. 362I
First Revised Sheet No. 362J

    EPNG states that the filing is being made in compliance with the
Monthly Imbalance Stipulation and Agreement approved by the Commission
in the above-referenced proceedings.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed in accordance with the provisions of Sec.  154.210 of the
Commission's regulations (18 CFR 154.210). Anyone filing a protest must
serve a copy of that document on all the parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

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

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

TTY, call<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-11350 Filed 6-12-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Notices]
[Page 42285]
[FR Doc No: 2018-17992]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER18-2217-000]

Buckleberry Solar, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Buckleberry Solar, LLC`s application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 4, 2018.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected]. or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: August 15, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-17992 Filed 8-20-18; 8:45 am]
BILLING CODE 6717-01-P