[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Notices]
[Pages 5878-5881]
[FR Doc No: 2022-02078]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94079; File No. SR-ICEEU-2022-002]

Self-Regulatory Organizations; ICE Clear Europe Limited; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change Relating
to Amendments to the ICE Clear Europe Delivery Procedures

January 27, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on January 18, 2022, ICE Clear Europe Limited (``ICE Clear Europe'' or
the ``Clearing House'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule changes described in
Items I, II and III below, which Items have been prepared primarily by
ICE Clear Europe. ICE Clear Europe filed the proposed rule change
pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(4)(ii)
thereunder,\4\ such that the proposed rule change was immediately
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4)(ii).
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I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    (a) The principal purpose of the proposed amendments is for ICE
Clear Europe to amend its Delivery Procedures (``Delivery Procedures'')
on the basis of certain settlement discipline requirements under the
European Union's Central Securities Depositories Regulation \5\ (the
``CSDR'') and Settlement Discipline Regulatory Technical Standards \6\
(the ``RTS''). These requirements are set to come into force on 1
February 2022.\7\ A copy of the proposed amendments to the Delivery
Procedures is attached [sic] as Exhibit 5.
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    \5\ Regulation (EU) 909/2014 of the European Parliament and of
the Council of 23 July 2014 on improving securities settlement in
the European Union and on central securities depositories and
amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No
236/2012.
    \6\ Commission Delegated Regulation (EU) 2018/1229 of 25 May
2018 supplementing Regulation (EU) No 909/2014 of the European
Parliament and of the Council with regard to regulatory technical
standards on settlement discipline.
    \7\ Capitalized terms used but not defined herein have the
meanings specified in the Delivery Procedures or, if not defined
therein, the ICE Clear Europe Clearing Rules.
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II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, ICE Clear Europe 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. ICE Clear Europe has prepared summaries,
set forth in sections (A), (B), and (C) below, of the most significant
aspects of such statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

(a) Purpose
    ICE Clear Europe is proposing to amend its Delivery Procedures due
to new settlement discipline requirements contained in the CSDR and
RTS, which take effect on 1 February 2022. The settlement discipline
requirements, which include settlement failure reporting and cash
penalties for settlement failures, would impose certain requirements on
ICE Clear Europe as a central counterparty and market participant in
its interaction with EU-based settlement facilities. Specifically, the
requirements apply to securities that the Clearing House settles on a
European Union (``EU'') central securities depository (``CSD'') under
F&O Contracts that are equity or bond futures and options, where the
underlying is traded on an EU trading venue or cleared by another EU-
based CCP.
    The settlement discipline requirements that will come into effect

on 1 February 2022 will include settlement failure reporting and cash
penalties for settlement failures.\8\ In the context of ICE Clear
Europe, the requirements will apply with respect to Euro-Denominated
Government Bond Futures and Options Contracts (covered in Part W of the
Delivery Procedures) and Financials & Softs Equity Futures and Options
(covered in Part Z of the Delivery Procedures), where the underlying
deliverable is listed on an EU exchange or cleared via an EU CCP and
settlement occurs through an EU settlement system.\9\
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    \8\ Although the CSDR and RTS provide for additional settlement
discipline measures, including certain mandatory buy-in
requirements, relevant EU authorities have indicated that the entry
into force of such provisions will be delayed. See press statement
from the European Commission dated 25 November 2021, available here:
https://ec.europa.eu/commission/presscorner/detail/en/mex_21_6293.
    The European Securities and Markets Authorities (``ESMA'')
issued a public statement which notes that although the legislators
have agreed upon an amendment to the CSDR that could give effect to
the delay described in the foregoing paragraph, it is anticipated
that this will not enter into force prior to the settlement
discipline rules becoming applicable on 1 February 2022. Given this
situation, ESMA has indicated that it expects national regulators to
not prioritize supervisory actions in relation to the buy-in regime.
ESMA, Public Statement, Supervisory approach on the implementation
of the CSDR buy-in provisions, 17 December 2021, ESMA70-156-5153.
     A number of major trade associations have also issued a public
statement confirming that in their view EU legislators do not expect
market participants to take further action towards implementation of
the mandatory buy-in requirements, but that other CSDR settlement
discipline measures will be implemented by 1 February 2022. Joint
Statement, Industry Approach to CSDR Settlement Discipline Regime
dated 22 December 2021, available here: https://www.afme.eu/Portals/0/DispatchFeaturedImages/Industry%20Approach%20to%20CSDR%20Settlement%20Discipline%20Regime%20FINAL%2022122021.pdf.
     Accordingly, ICE Clear Europe is not proposing to make
amendments to its Delivery Procedures with respect to the CSDR buy-
in regime at this time.
    \9\ Although the UK has adopted some aspects of the CSDR under
the European Union (Withdrawal) Act 2018, none of the EU settlement
discipline provisions that were meant to come into force by 1
February 2022 will be implemented in the UK. Financial Services
Update, Statement made on 23 June 2020, available here: https://questions-statements.parliament.uk/written-statements/detail/2020-06-23/HCWS309.
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    A change would also be introduced as regards the holding accounts
for deliveries of deliverable EU emissions allowances pursuant to
futures contracts on such allowances, to ensure that the CSDR regime
does not inadvertently interfere with emissions deliveries.
    Given the anticipated entry into force and application of elements
of the CSDR and the RTS, ICE Clear Europe proposes to update its
Delivery Procedures as described below.
General Provisions of Delivery Procedures
    The General Provisions section of the Delivery Procedures would be
amended to add new Paragraphs 22 and 23. Paragraph 22 would address the
liabilities for penalties or costs assessed under the CSDR because of a
delay or failure in matching for settlement. Specifically, it would
provide that the Buyer and Seller would each indemnify the Clearing
House in accordance with Rule 111 in respect of costs or penalties for
any delay or failure in matching arising under the CSDR or otherwise,
save to the extent that the Clearing House or its settlement agent is
at fault for such failure or delay. The amount of such cost or penalty
would be charged to such Clearing Member. Paragraph 23 would address
penalties or costs assessed under CSDR in respect of late settlement.
Specifically, it would provide that the Seller would indemnify the
Clearing House in accordance with Rule 111 in respect of costs or
penalties for any delay or failure in settlement arising under the CSDR
or otherwise, save to the extent that the Clearing House or its
settlement agent is at fault in respect of such failure or delay. The
amount of such costs or penalties would be charged to such Clearing
Member.
    The CSDR and RTS feature a two-tier scheme for penalty collection
and distribution in respect of settlement fails, which is as follows:
(1) Where the failing or receiving participant is a CCP, CCPs are to
collect and distribute penalties using information provided by CSDs;
and (2) in all other circumstances, CSDs collect and distribute the
penalties. ICE Clear Europe holds securities at EU CSDs through
nominees, rather than as a direct participant. As such, ICE Clear
Europe is not necessarily known by or identified to the CSDs as a CCP.
Therefore, CSDs would collect penalties in respect of securities to be
delivered under F&O Contracts that ICE Clear Europe clears in
accordance with scenario 2. It is possible that when Buyers or Sellers
are late to match or Sellers are late to settle (as applicable); this
would have run-on impacts on the Clearing House's ability to onwards
deliver securities. If the Clearing House does not deliver in a timely
fashion because of this late matching, it could be subject to a cash
penalty under CSDR. In these circumstances, the late Clearing Member
would be required to indemnify ICE Clear Europe. These amendments
reflect the existing position under the general indemnity in Rule 111,
but provide clarity that such indemnity will be applicable in the
particular circumstances described in these paragraphs.
Part A: ICE Endex Deliverable EU Emissions Contracts
    Amendments would be made to Part A of the Delivery Procedures to
ensure that the new settlement discipline procedures under the CSDR and
RTS will not apply to the physical delivery of Carbon Emissions
Allowances (``EUA'') or Aviation Emissions Allowances (``EUAA''). The
amendments are intended to preserve the Clearing House's current
approach with respect to settlement of emissions futures contracts and
ensure that CSDR will not interfere with deliveries under such
contracts.
    The definition of ``Registry Account'' would be amended, to set
down the national administrators of registry accounts that may be used,
and to confirm that no registry account may be held by or through a CSD
as intermediary or account holder. Paragraph 9 of Part A of the
Delivery Procedures would be added to provide that no Clearing Member,
Customer, Transferor or Transferee to whom or from whom delivery is to
be made of an EUA or EUAA may be registered as a CSD under the CSDR.
Additionally, Paragraph 9 would provide that pursuant to the definition
of ``Registry Account'', no EUAs or EUAAs may be settled by or through
a CSD. Accordingly, Buyers and Sellers would not be bound by the
settlement discipline provisions set out in the CSDR and, accordingly,
the Clearing House would not administer buy-ins, cash penalties, cash
compensation or other requirements under the CSDR and its delegated
regulations in respect of EUAs or EUAAs. The amendments would provide
that Buyers and Sellers acknowledge that neither the Clearing House nor
any other Person would offer them the protections related to settlement
set forth under CSDR and their sole remedies in the case of settlement
failure would be as set forth in the Delivery Procedures. In connection
with these changes, ICE Clear Europe would also add new definitions of
``CSD'' and ``CSDR''.
Part W: Euro-Denominated Government Bonds Contracts
    The Delivery Timetable in Part W of the Delivery Procedures would
be amended to provide that Clearing Members who have failed to deliver
(including those whose Customer or Transferor has failed to deliver) by
8:00 on the Delivery Day would be required to contact the Clearing
House to provide reasons for such failures and confirm

any measures taken to facilitate delivery. Such information would
notify the Clearing House of such delivery failure and allow it to take
any action it deems necessary under the Rules and Procedures.
    A new Paragraph 1.9 would be added to Part W which would empower
ICE Clear Europe to debit cash penalties imposed by the relevant
settlement system from Clearing Members in delivery default and to
credit cash penalties to the account of the Clearing Member that is
affected by the settlement fail. Although, as described above, it is
anticipated that CSDs will administer cash penalties for ICE Clear
Europe-cleared trades, the Clearing House will retain this power in
case its account structure changes and it would be required to
administer penalties under the CSDR.
Part Z: Financials and Softs Equity Futures/Options
    Part Z of the Delivery Procedures would be amended to add a similar
new provision to Paragraph 3.3 which empowers ICE Clear Europe to debit
cash penalties imposed by a relevant settlement system from Clearing
Members in delivery default and to credit cash penalties to the account
of the Clearing Member that is affected by the settlement fail.
Although, as described above, it is anticipated that CSDs will
administer cash penalties for ICE Clear Europe-cleared trades, ICE
Clear Europe will retain this power in case its account structure
changes and it would be required to administer penalties under the
CSDR.
    Paragraph 5 of Part Z would also be amended to expand the
categories of information that would be made available by the Clearing
House upon Clearing members' early exercise or expiry of a physically
delivered Equity Future or Option Contract, or the execution of a stock
contingent trade. Specifically, the amendments would add the following
information to the report for early exercise or expiry: (i) Cash
consideration to be delivered or received, (ii) stock identifying ISIN
code to be delivered and (iii) CSD settlement location. For stock
contingent trades, the relevant report would be expanded to include
certain information about the associated option. These amendments are
intended to reflect what is generally included in the report already in
practice.
(b) Statutory Basis
    ICE Clear Europe believes that the proposed amendments to the
Delivery Procedures are consistent with the requirements of Section 17A
of the Act \10\ and the regulations thereunder applicable to it. In
particular, Section 17A(b)(3)(F) of the Act \11\ requires, among other
things, that the rules of a clearing agency be designed to promote the
prompt and accurate clearance and settlement of securities transactions
and, to the extent applicable, derivative agreements, contracts, and
transactions, the safeguarding of securities and funds in the custody
or control of the clearing agency or for which it is responsible, and
the protection of investors and the public interest. The proposed
changes to the Delivery Procedures are designed to address and
accommodate certain settlement discipline provisions under the CSDR and
RTS that will come into effect on 1 February 2022. Principally, the
proposed amendments would address potential fines that may be imposed
under the CSDR and RTS in connection with settlement failures relating
to deliveries of certain securities underlying F&O Contracts, and
enhance reporting to the Clearing House in the case of certain
settlement failures under such contracts. In particular, the proposed
amendments explicitly address the possibility of fines for settlement
failures in the context of settlement of government bond futures and
options and equity futures and options cleared by the Clearing House,
where the underlying is listed or cleared on an EU facility and
settlement occurs through an EU settlement facility. The proposed
amendments also clarify that the CSDR settlement discipline provisions
would not apply to settlement of certain emissions futures contracts.
The proposed amendments will thus clarify the role, responsibilities
and liabilities of the Clearing House, Clearing Members and designated
transferors and transferees in the context of settlement failures that
may occur with respect to securities delivered in settlement of
specified F&O Contracts. The proposed amendments would not otherwise
change the manner in which such contracts are cleared and settled. As a
result, in ICE Clear Europe's view, the proposed amendments would be
consistent with the prompt and accurate clearance and settlement of the
contracts and the protection of investors, consistent with the
requirements of Section 17A(b)(3)(F) of the Act.\12\ The proposed
amendments are also consistent with the public interest, including as
reflected in the policies of the CSDR and RTS. (In ICE Clear Europe's
view, the proposed amendments would not affect the safeguarding of
funds or securities in the custody or control of the clearing agency or
for which it is responsible, within the meaning of Section
17A(b)(3)(F).\13\)
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    \10\ 15 U.S.C. 78q-1.
    \11\ 15 U.S.C. 78q-1(b)(3)(F).
    \12\ 15 U.S.C. 78q-1(b)(3)(F).
    \13\ 15 U.S.C. 78q-1(b)(3)(F).
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    Rule 17Ad-22(e)(1) requires that a clearing agency ``establish,
implement, maintain and enforce written policies and procedures
reasonably designed to, as applicable, provide for a well-founded,
clear, transparent and enforceable legal basis for each aspect of its
activities in all relevant jurisdictions.'' \14\ The proposed
amendments are intended to address new requirements under EU law
applicable to settlement activity conducted by the Clearing House with
EU settlement facilities relating to underlying securities traded or
cleared on EU facilities. As such, the proposed amendments support the
Clearing House's legal framework for operation in the EU, consistent
with the requirements of Rule 17Ad-22(e)(1).\15\
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    \14\ 17 CFR 240.17Ad-22(e)(1).
    \15\ 17 CFR 240.17Ad-22(e)(1).
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    In addition, Rule 17Ad-22(e)(10) \16\ provides that ``[e]ach
covered clearing agency shall establish, implement, maintain and
enforce written policies and procedures reasonably designed to, as
applicable [. . .] establish and maintain transparent written standards
that state its obligations with respect to the delivery of physical
instruments, and establish and maintain operational practices that
identify, monitor and manage the risks associated with such physical
deliveries.'' As discussed above, the proposed amendments would revise
the Delivery Procedures for affected F&O Contracts as a result of the
applicable CSDR and RTS settlement discipline provisions, particularly
as they relate to fines for settlement failures and provision of
additional information regarding settlement failures. The proposed
amendments thus clarify the obligations of the Clearing House, Clearing
Members and others with respect to settlement failures under such
contracts. The proposed amendments also clarify that the CSDR
settlement discipline provisions will not affect settlement under
certain emissions contracts. The proposed amendments do not otherwise
affect the procedures for delivery under such contracts. As a result,
ICE Clear Europe believes the amendments are consistent with the
requirements of Rule 17Ad-22(e)(10).\17\
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    \16\ 17 CFR 240.17Ad-22(e)(10).
    \17\ 17 CFR 240.17Ad-22(e)(10).

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(B) Clearing Agency's Statement on Burden on Competition

    ICE Clear Europe does not believe the proposed amendments would
have any impact, or impose any burden, on competition not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
amendments to the Delivery Procedures are intended to address new
settlement discipline procedures applicable to certain contracts as
provided in the CSDR and RTS. Although the procedures could result in
certain additional costs to Clearing Members, if certain fines were
imposed as a result of a settlement failure, those additional costs
result from the requirements of relevant EU legislation applicable to
settlements in the affected underlying securities which would be
applicable to all market participants for the relevant contracts and it
would be inappropriate for the Clearing House to bear the cost of late
delivery fines, which should reasonably be passed on to the Clearing
Members responsible for delivery failures. Furthermore, any such
additional costs would result from a failure by the relevant Clearing
Member or its customer to comply in a timely manner with its settlement
obligations as specified under EU legislation. Accordingly, ICE Clear
Europe does not believe the amendments would adversely affect
competition among Clearing Members, materially affect the cost of
clearing, adversely affect access to clearing for Clearing Members or
their customers, or otherwise adversely affect competition in clearing
services. Accordingly, ICE Clear Europe does not believe that the
amendments would impose any impact or burden on competition that is not
appropriate in furtherance of the purpose of the Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed amendments have not been
solicited or received by ICE Clear Europe. ICE Clear Europe will notify
the Commission of any comments received with respect to the proposed
rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \18\ and paragraph (f) of Rule 19b-4 \19\
thereunder. 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.
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    \18\ 15 U.S.C. 78s(b)(3)(A).
    \19\ 17 CFR 240.19b-4(f).
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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 protected]. Please include
File Number SR-ICEEU-2022-002 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ICEEU-2022-002. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filings will also be available for inspection
and copying at the principal office of ICE Clear Europe and on ICE
Clear Europe's website at https://www.theice.com/notices/Notices.shtml?regulatoryFilings.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-ICEEU-2022-002 and should be
submitted on or before February 23, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-02078 Filed 2-1-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Notices]
[Pages 38663-38665]
[FR Doc No: 2014-15955]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0212]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of applications for exemption, request for comments.

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SUMMARY: FMCSA announces receipt of applications from 8 individuals for
an exemption from the prohibition against persons with a clinical
diagnosis of epilepsy or any other condition which is likely to cause a
loss of consciousness or any loss of ability to operate a commercial
motor vehicle (CMV) from operating CMVs in interstate commerce. The
regulation and the associated advisory criteria published in the Code
of Federal Regulations as the ``Instructions for Performing and
Recording Physical Examinations'' have resulted in numerous drivers
being prohibited from operating CMVs in interstate commerce based on
the fact that they have had one or more seizures and are taking anti-
seizure medication, rather than an individual analysis of their
circumstances by a qualified medical examiner. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs for 2
years in interstate commerce.

DATES: Comments must be received on or before August 7, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2014-0212 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line 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.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket ID for
this Notice. Note that DOT posts all comments received without change
to http://www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgment

page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on January 17, 2008 (73 FR 3316; January 17, 2008).
This information is also available at http://Docketinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Elaine Papp, Chief, Medical Programs
Division,<PHONE_NUMBER>, or via email at<EMAIL_ADDRESS>or by
letter to FMCSA, Room W64-113, Department of Transportation, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001. Office hours are from
8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to or greater than the level that
would be achieved absent such exemption.'' The statutes also allow the
Agency to renew exemptions at the end of the 2-year period. The 8
individuals listed in this notice have recently requested an exemption
from the epilepsy prohibition in 49 CFR 391.41(b)(8), which applies to
drivers who operate CMVs as defined in 49 CFR 390.5, in interstate
commerce. Section 391.41(b)(8) states that a person is physically
qualified to drive a commercial motor vehicle if that person has no
established medical history or clinical diagnosis of epilepsy or any
other condition which is likely to cause the loss of consciousness or
any loss of ability to control a CMV.
    FMCSA provides medical advisory criteria for use by medical
examiners in determining whether drivers with certain medical
conditions should be certified to operate CMVs in intrastate commerce.
The advisory criteria indicate that if an individual has had a sudden
episode of a non-epileptic seizure or loss of consciousness of unknown
cause which did not require anti-seizure medication, the decision
whether that person's condition is likely to cause the loss of
consciousness or loss of ability to control a CMV should be made on an
individual basis by the medical examiner in consultation with the
treating physician. Before certification is considered, it is suggested
that a 6-month waiting period elapse from the time of the episode.
Following the waiting period, it is suggested that the individual have
a complete neurological examination. If the results of the examination
are negative and anti-seizure medication is not required, then the
driver may be qualified.
    In those individual cases where a driver had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has fully recovered from that
condition, has no existing residual complications, and is not taking
anti-seizure medication. Drivers who have a history of epilepsy/
seizures, off anti-seizure medication and seizure-free for 10 years,
may be qualified to operate a CMV in interstate commerce. Interstate
drivers with a history of a single unprovoked seizure may be qualified
to drive a CMV in interstate commerce if seizure-free and off anti-
seizure medication for a 5-year period or more.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission. To
submit your comment online, go to http://www.regulations.gov and in the
search box insert the docket number ``FMCSA-2014-0212'' and click the
search button. When the new screen appears, click on the blue ``Comment
Now!'' button on the right hand side of the page. On the new page,
enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, or to submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
``FMCSA-2014-0212'' and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

Summary of Applications

Ruben Alcantar

    Mr. Alcantar is a 39-year-old driver in Oregon. He has a history of
a single seizure in 1992 and has remained seizure free since that time.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 1992. If granted the exemption, he would like
to drive a CMV. His physician states that he is supportive of Mr.
Alcantar receiving an exemption.

Charles Barnett

    Mr. Barnett is a 67-year-old driver in Virginia. He has a history
of seizures and has remained seizure free since 2011. He takes anti-
seizure medication with the dosage and frequency remaining the same
since that time. If granted an exemption, he would like to drive a CMV.
His physician states he is supportive of Mr. Barnett receiving an
exemption.

Peter Bender

    Mr. Bender is a 58-year-old class A CDL holder in Minnesota. He has
a history of seizures and has remained seizure free since 1996. He
takes anti-seizure medication with the dosage and frequency remaining
the same since that time. If granted an exemption, he would like to
drive a CMV. His physician states he is supportive of Mr. Bender
receiving an exemption.

James Boyd

    Mr. Boyd is a 56-year-old driver in Kansas. He has a history of a
single seizure in 2011 following surgery of a traumatic brain injury
and has remained seizure free since that time. He takes anti-seizure
medication with the dosage and frequency remaining the same since for 2
years. If granted the exemption, he would like to drive a CMV. His
physician states that he is supportive of Mr. Boyd receiving an
exemption.

Terry Hamby

    Mr. Hamby is a 44-year-old class A CDL holder in North Carolina. He
has a history of seizures and has remained seizure free since 1981. He
takes anti-seizure medication with the dosage and

frequency remaining the same since that time. If granted the exemption,
he would like to drive a CMV. His physician states that he is
supportive of Mr. Hamby receiving an exemption.

Louis Lerch

    Mr. Lerch is a 62-year-old class A CDL holder in Iowa. He has a
history of seizures and has remained seizure free since 1978. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2007. If granted the exemption, he would like to drive a
CMV. His physician states that he is supportive of Mr. Lerch receiving
an exemption.

Joaquin Polin

    Mr. Polin is a 47-year-old driver in New York. He has a history of
epilepsy and has remained seizure free since 2010. He takes anti-
seizure medication with the dosage and frequency remaining the same
since that time. If granted the exemption, he would like to drive a
CMV. His physician states that he is supportive of Mr. Polin receiving
an exemption.

Angel Velez-Cruz

    Mr. Velez-Cruz is a 30-year-old class B CDL holder in New Jersey.
He has a history of seizures and has remained seizure free since 2004.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2009. If granted the exemption, he would like
to drive a CMV. His physician states that he is supportive of Mr.
Velez-Cruz receiving an exemption.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on the exemption
applications described in this notice. We will consider all comments
received before the close of business on the closing date indicated
earlier in the notice.

    Issued on: June 25, 2014.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2014-15955 Filed 7-7-14; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 81, Number 205 (Monday, October 24, 2016)]
[Notices]
[Pages 73186-73187]
[FR Doc No: 2016-25615]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79118; File No. SR-NASDAQ-2016-121]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Designation of a Longer Period for Commission Action on
Proposed Rule Change Related to the Payment of a Credit by Execution
Access, LLC Based on Volume Thresholds Met on the NASDAQ Options Market

October 19, 2016.
    On August 29, 2016, The Nasdaq Stock Market LLC (``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
related to the payment of a credit by Execution Access, LLC that would
be based on volume thresholds met on the NASDAQ Options Market LLC. The
proposed rule change was published for comment in the Federal Register
on September 8, 2016.\3\ The Commission has received no comment letters
on the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 78749 (September 1,
2016), 81 FR 62212.
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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 after publication of the notice for this proposed rule change
is October 23,

2016. The Commission is extending this 45-day time period.
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    \4\ 15 U.S.C. 78s(b)(2).
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    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 December 7, 2016, as the date by which the Commission shall
either approve or disapprove or institute proceedings to determine
whether to disapprove the proposed rule change (File No. SR-NASDAQ-
2016-121).
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    \5\ Id.

    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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Brent J. Fields,
Secretary.
[FR Doc. 2016-25615 Filed 10-21-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 41 (Monday, March 2, 2020)]
[Notices]
[Pages 12280-12281]
[FR Doc No: 2020-04221]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-37-000]

Texas Eastern Transmission, LP; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Lily Expansion Project and
Request for Comments on Environmental Issue

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Lily Expansion Project
involving construction and operation of facilities by Texas Eastern
Transmission LP (Texas Eastern) in Cambria County, Pennsylvania. The
Commission will use this EA in its decision-making process to determine
whether the project is in the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies about issues regarding the project. The National Environmental
Policy Act (NEPA) requires the Commission to take into account the
environmental impacts that could result from its action whenever it
considers the issuance of a Certificate of Public Convenience and
Necessity. NEPA also requires the Commission to discover concerns the
public may have about proposals. This process is referred to as
``scoping.'' The main goal of the scoping process is to focus the
analysis in the EA on the important environmental issues. By this
notice, the Commission requests public comments on the scope of the
issues to address in the EA. To ensure that your comments are timely
and properly recorded, please submit your comments so that the
Commission receives them in Washington, DC on or before 5:00 p.m.
Eastern Time on March 26, 2020.
    You can make a difference by submitting your specific comments or
concerns about the project. Your comments should focus on the potential
environmental effects, reasonable alternatives, and measures to avoid
or lessen environmental impacts. Your input will help the Commission
staff determine what issues they need to evaluate in the EA. Commission
staff will consider all filed comments during the preparation of the
EA.
    If you sent comments on this project to the Commission before the
opening of this docket on January 22, 2020, you will need to file those
comments in Docket No. CP20-37-000 to ensure they are considered as
part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, a pipeline company
representative may contact you about the acquisition of an easement to
construct, operate, and maintain the proposed facilities. The company
would seek to negotiate a mutually acceptable easement agreement. You
are not required to enter into an agreement. However, if the Commission
approves the project, that approval conveys with it the right of
eminent domain. Therefore, if you and the company do not reach an
easement agreement, the pipeline company could initiate condemnation
proceedings in court. In such instances, compensation would be
determined by a judge in accordance with state law.
    Texas Eastern provided landowners with a fact sheet prepared by the
FERC entitled An Interstate Natural Gas Facility On My Land? What Do I
Need To Know? This fact sheet addresses a number of typically asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC website (www.ferc.gov) at https://www.ferc.gov/resources/guides/gas/gas.pdf.

Public Participation

    The Commission offers a free service called eSubscription which
makes it easy to stay informed of all issuances and submittals
regarding the dockets/projects to which you subscribe. These instant
email notifications are the fastest way to receive notification and
provide a link to the document files which can reduce the amount of
time you spend researching proceedings. To sign up go to www.ferc.gov/docs-filing/esubscription.asp.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. Using eComment is an easy
method for submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on eRegister. You will be asked to select the type of filing you are
making; a comment on a particular project is considered a ``Comment on
a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(CP20-37-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A,
Washington, DC 20426

Summary of the Proposed Project

    Texas Eastern proposes to remove from service and replace four
existing compressor units at its Lily Compressor Station (CS) in
Cambria County, Pennsylvania with two new, more efficient, units to
comply with future air emission reduction requirements of the
Commonwealth of Pennsylvania. A new compressor building to house the
two new units, and a new stormwater management retention basin would
also be constructed as part of the Project.
    The general location of the project facilities is shown in appendix
1.\1\
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    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called eLibrary or from the Commission's Public
Reference Room, 888 First Street NE, Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.

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Land Requirements for Construction

    Construction of the Project would disturb about 31.8 acres of land
within Texas Eastern's existing property. Of that, approximately 15.6
acres are within the existing fenceline of the Lily CS, and
approximately 16.0 acres of additional temporary workspace are outside
of the station fenceline, the majority of which is actively maintained
pipeline transmission right-of-way. No additional land outside of Texas
Eastern property would be acquired or maintained to construct and
operate the Project.

The EA Process

    The EA will discuss impacts that could occur as a result of the
construction and operation of the proposed project under these general
headings:
     Geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     air quality and noise;
     public safety; and
     cumulative impacts.
    Commission staff will also evaluate reasonable alternatives to the
proposed project or portions of the project, and make recommendations
on how to lessen or avoid impacts on the various resource areas.
    The EA will present Commission staffs' independent analysis of the
issues. The EA will be available in electronic format in the public
record through eLibrary \2\ and the Commission's website (https://www.ferc.gov/industries/gas/enviro/eis.asp). If eSubscribed, you will
receive instant email notification when the EA is issued. The EA may be
issued for an allotted public comment period. Commission staff will
consider all comments on the EA before making recommendations to the
Commission. To ensure Commission staff have the opportunity to address
your comments, please carefully follow the instructions in the Public
Participation section, beginning on page 2.
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    \2\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues of this project to formally cooperate in the
preparation of the EA.\3\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice.
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    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the applicable State Historic Preservation Offices
(SHPO), and to solicit their views and those of other government
agencies, interested Indian tribes, and the public on the project's
potential effects on historic properties.\4\ Commission staff will
define the project-specific Area of Potential Effects (APE) in
consultation with the SHPO as the project develops. On natural gas
facility projects, the APE at a minimum encompasses all areas subject
to ground disturbance (examples include construction right-of-way,
contractor/pipe storage yards, compressor stations, and access roads).
The EA for this project will document findings on the impacts on
historic properties and summarize the status of consultations under
section 106.
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    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. Commission staff will update the environmental
mailing list as the analysis proceeds to ensure that Commission notices
related to this environmental review are sent to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project.
    If the Commission issues the EA for an allotted public comment
period, a Notice of Availability of the EA will be sent to the
environmental mailing list and will provide instructions to access the
electronic document on the FERC's website (www.ferc.gov). If you need
to make changes to your name/address, or if you would like to remove
your name from the mailing list, please return the attached ``Mailing
List Update Form'' (appendix 2).

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on General Search and enter the docket number in
the Docket Number field, excluding the last three digits (i.e., CP20-
37). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or<PHONE_NUMBER>, or for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of all
formal documents issued by the Commission, such as orders, notices, and
rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along
with other related information.

    Dated: February 25, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-04221 Filed 2-28-20; 8:45 am]
 BILLING CODE 6717-01-P