[Federal Register: February 1, 2010 (Volume 75, Number 20)]
[Notices]
[Page 5173-5176]
[DOCID:fr01fe10-133]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Public Notice for Waiver of Aeronautical Land-Use Assurance;
Indianapolis International Airport, Indianapolis, IN

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of intent of waiver with respect to land.

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SUMMARY: The Federal Aviation Administration (FAA) is considering a
proposal to change a portion of the airport from aeronautical use to
non-aeronautical use and to authorize the release of 13.992 acres of
vacant airport property for highway development. The land consists of
portions of eight original airport acquired parcels. These parcels were
acquired under grants: FAAP 9-12-008-10, FAAP 9-12-008-12, ADAP 6-18-
0038-01, ADAP 6-18-0038-02, AIP 3-18-0038-54 or without Federal
participation. There are no impacts to the airport by allowing the
Indianapolis Airport Authority to dispose of the property. The land is
not needed for aeronautical use. Approval does not constitute a
commitment by the FAA to financially assist in the sale or lease of the
subject airport property nor a determination of eligibility for grant-
in-aid funding from the FAA.
    In accordance with section 47107(h) of title 49, United States
Code, this notice is required to be published in the Federal Register
30 days before modifying the land-use assurance that requires the
property to be used for an aeronautical purpose.

DATES: Comments must be received on or before March 3, 2010.

ADDRESSES: Written comments on the Sponsor's request must be delivered
or mailed to: Melanie Myers, Program Manager, Chicago Airports District
Office, 2300 East Devon Avenue, Des Plaines, IL 60018.

FOR FURTHER INFORMATION CONTACT: Melanie Myers, Program Manager,
Federal Aviation Administration, Great Lakes Region, Chicago Airports
District Office, CHI-ADO 609, 2300 East Devon Avenue, Des Plaines, IL
60018 Telephone Number<PHONE_NUMBER>)/FAX Number<PHONE_NUMBER>).
Documents reflecting this FAA action may be reviewed at this same
location or at Indianapolis International Airport, Indianapolis,
Indiana.

SUPPLEMENTARY INFORMATION:
    Parcel 99: A part of the West Half of Southwest Quarter of Section
25, Township 15 North, Range 3 East in Marion County, Indiana and being
that part of the granter's land lying within the right-of-way lines
depicted on the attached Right-of-Way Parcel Plat marked Exhibit ``B'',
described as follows: Commencing at the southwest corner of said half
quarter section; thence North 88 degrees 37 minutes 37 seconds East
1,328.93 feet along the south line of said quarter section to the
prolonged west boundary of I-465; thence North 0 degrees 19 minutes 10
seconds West 59.82 feet along the prolonged west boundary of said I-465

to the point of beginning of this description, which point is where the
west boundary of said I-465 meets the north boundary of Hanna Avenue;
thence South 90 degrees 00 minutes 00 seconds West 12.86 feet along the
north boundary of Hanna Avenue to point ``98008'' designated on said
plat; thence North 6 degrees 30 minutes 58 seconds West 197.03 feet to
point ``98002'' designated on said plat; thence North 3 degrees 28
minutes 32 seconds West 484.17 feet to point ``98001'' designated on
said plat; thence North 12 degrees 12 minutes 50 seconds West 47.06
feet to the north line of the grantor's land; thence North 88 degrees
37 minutes 37 seconds East 58.00 feet along said north line to the west
boundary of said I-465; thence South 2 degrees 09 minutes 28 seconds
East 390.53 feet along the boundary of said I-465 thence South 0
degrees 18 minutes 49 seconds East 336.28 feet along said boundary to
the point of beginning and containing 0.647 acres, more or less.
    Parcel 99A: A part of the West Half of the Southwest Quarter of
Section 25, Township 15 North, Range 3 East, in Marion County, and
being that part of the grantor's land lying within the right-of-way
lines depicted on the attached Right-of-Way Parcel Plat marked Exhibit
``B'' described as follows: Commencing at the southwest corner of said
half quarter section, thence North 0 degrees 04 minutes 10 seconds West
20.31 feet along the west line of said section to the prolonged north
boundary of Hanna Avenue; thence North XX degrees 39 minutes 19 seconds
East 415.42 feet along the prolonged boundary of said Hanna Avenue and
along the north boundary of said Hanna Avenue to the point of beginning
of this description, designated as point ``98006'' on said plat: thence
North 61 degrees 16 minutes 55 seconds East 56.32 feet to point
``98005'' designated on said plat; thence North 84 degrees 42 minutes
35 seconds East 288.96 feet to the north boundary of Hanna Avenue
designated as point ``98004'' on said plat; thence South 9 degrees 45
minutes 49 seconds West 26.23 feet along the boundary of said Hanna
Avenue; thence South 79 degrees XX minutes 37 seconds West 131.31 feet
along said boundary; thence South 89 degrees XX minutes 19 seconds West
203.46 feet along said boundary to the point of beginning and
containing 0.218 acres, more or less.
    Parcel 13E: A part of the Southwest Quarter of Section 13 and a
part of the Northwest Quarter of Section 24, all in Township 15 North,
Range 2 East, Marion County, Indiana, and being that part of the
grantor's land lying within the right-of-way lines depicted on the
attached Right-of-Way Parcel Plat marked EXHIBIT ``B'', described as
follows: Beginning at a point on the south line of said Section 13
North 88 degrees 50 minutes 02 seconds East 1,378.87 feet from the
southwest corner of said Section 13, which point of beginning is on the
west boundary of I-465; thence South 21 degrees 28 minutes 28 seconds
West 10.33 feet along the boundary of said I-465; thence South 0
degrees 05 minutes 18 seconds East 367.01 feet along said boundary;
thence South 3 degrees 25 minutes 31 seconds West 394.20 feet along
said boundary; thence along said boundary Southwesterly 435.19 feet
along an arc to the right having a radius of 661.18 feet and subtended
by a long chord having a bearing of South 19 degrees 58 minutes 17
seconds West and a length of 427.37 feet to point ``1030113''
designated on said plat; thence North 19 degrees 00 minutes 41 seconds
East 423.57 feet to point ``1030114'' designated on said plat; thence
North 0 degrees 13 minutes 26 seconds East 3,391.47 feet to point
``51419'' designated on said plat on the southern boundary of Minnesota
Street; thence along the boundary of said Minnesota Street
Northeasterly 26.69 feet along an arc to the right having a radius of
355.00 feet and subtended by a long chord having a bearing of North 82
degrees 19 minutes 01 seconds East and a length of 26.69 feet to the
west boundary of said I-465; thence South 1 degree 29 minutes 51
seconds East 318.45 feet along the boundary of said I-465; thence South
2 degrees 38 minutes 18 seconds East 120.15 feet along said boundary;
thence South 0 degrees 29 minutes 32 seconds East 240.02 feet along
said boundary; thence South 0 degrees 13 minutes 26 seconds West
1,295.65 feet along said boundary; thence South 0 degrees 13 minutes 26
seconds West 126.35 feet along said boundary; thence South 3 degrees 05
minutes 11 seconds West 200.25 feet along said boundary; thence South 0
degrees 13 minutes 26 seconds West 315.00 feet along said boundary;
thence South 21 degrees 28 minutes 28 seconds West 8.99 feet along said
boundary to the point of beginning and containing 2.486 acres, more or
less in said Section 13, and containing 0.691 acres, more or less, in
said section 24; and containing in all 3.177 acres more or less.
    Parcel 13F: A part of the Northwest Quarter of Section 13, Township
15 North, Range 2 East, Marion County, Indiana, and being that part of
the grantor's land lying within the right-of-way lines depicted on the
attached Right-of-Way Parcel Plat marked EXHIBIT ``B'', described as
follows: Commencing at the southwest corner of said quarter section;
thence North 88 degrees 44 minutes 08 seconds East 1,365.63 feet along
the south line of said quarter section to the west boundary of I-465;
thence North 5 degrees 30 minutes 56 seconds East 20.80 feet along the
boundary of said I-465; thence North 0 degrees 13 minutes 26 seconds
East 24.71 feet along said boundary to the northern boundary of
Minnesota Street and the point of beginning of this description: thence
along the boundary of said Minnesota Street Southwesterly 22.12 feet
along an arc to the left having a radius of 445.00 feet and subtended
by a long chord having a bearing of South 84 degrees 17 minutes 11
seconds West and a length of 22.12 feet to point ``35154'' designated
on said plat; thence North 0 degrees 13 minutes 26 seconds East 119.31
feet to point ``35155'' designated on said plat on the southern line of
CSX Railroad; thence North 71 degrees 57 minutes 42 seconds East 23.17
feet along said southern line to the west boundary of said I-465;
thence South 0 degrees 13 minutes 26 seconds West 124.29 feet along the
boundary of said I-465 to the point of beginning and containing 0.061
acres, more or less.
    Parcel 13G: A part of Lots 253 to 259, both inclusive in Arthur V.
Brown's Second Section Western Heights, an Addition to the City of
Indianapolis, Indiana, the plat of which is recorded in Plat Book 15,
pager 152, in the Office of the Recorder of Marion County, Indiana, and
being that part of the grantor's land lying within the right-of-way
lines depicted on the attached Right-of-Way Parcel Plat marked EXHIBIT
``B'', described as follows: Beginning at a point on the south line of
said Lots 253 South 89 degrees 17 minutes 57 seconds West 11.49 feet
from the southeast corner of said Lot 253, which point of beginning is
on the west boundary of Lawndale Avenue; thence South 89 degrees 17
minutes 57 seconds West 72.51 feet along said south line to point
``51430'' designated on said parcel plat; thence North 0 degrees 13
minutes 26 seconds East 420.01 feet to the point ``51437'' designated
on said parcel plat on the north line of said Lot 259; thence North 89
degrees 17 minutes 57 seconds East 72.51 feet along said north line to
the west boundary of said Lawndale Avenue; thence South 0 degrees 13
minutes 26 seconds West 420.01 feet along the boundary of said Lawndale
Avenue to the point of beginning and containing 30,451 square feet,
more or less.
    Parcel 13H: A part of Lots 260 to 264, both inclusive, in Arthur V.
Brown's Section Western Heights, an Addition to

the City of Indianapolis, Indiana, the plat of which is recorded in
Plat Book 15, page 152 in the Office of the Recorder of Marion County,
Indiana, and being that part of the grantor's land lying within the
right-of-way lines depicted on the attached Right-of-Way Parcel Plat
marked EXHIBIT ``B'', described as follows: Beginning at a point on the
south line of said Lot 260 South 89 degrees 17 minutes 57 seconds West
10.44 feet from the southeast corner of said Lot 260, which point of
beginning is on the west boundary of Lawndale Avenue; thence South 89
degrees 17 minutes 57 seconds West 72.51 feet along said south line to
point ``51438'' designated on said parcel plat; thence North 0 degrees
13 minutes 26 seconds East 300.01 feet to point ``51433'' designated on
said parcel plat on the north line of said Lot 264; thence North 89
degrees 17 minutes 57 seconds East 42.50 feet along said north line to
the western boundary of said Lawndale Avenue; thence South 26 degrees
31 minutes 35 seconds East 66.65 feet along the boundary of said
Lawndale Avenue to the south line of said Lot 264; thence South 0
degrees 13 minutes 26 seconds West 240.01 feet along said boundary to
the point of beginning and containing 23,851 square feet, more or less.
    Parcel 105: A part of the Northwest Quarter and part of the
Southwest Quarter of Section 24, and a part of the Northwest Quarter
and a part of the Southwest Quarter of Section 25; all in Township 15
North, Range 2 East, Marion County, Indiana, and being that part of the
grantor's land lying within the right-of-way lines depicted on the
attached Right-of-Way Parcel Plat marked EXHIBIT ``B'', described as
follows: Beginning at a point on the west line of said Section 25 South
0 degrees 04 minutes 10 seconds East 250.84 feet from the southwest
corner of the Northwest Quarter of said Section 25 designated
``101025'' on said plat; thence North 89 degrees 16 minutes 45 seconds
East 146.80 feet to point ``101026'' designated on said plat; thence
Northeasterly 730.77 feet along an arc to the left having a radius of
721.00 feet and subtended by a long chord having a bearing of North 60
degrees 14 minutes 35 seconds East and a length of 699.89 feet to point
``101027'' designated on said plat; thence North 31 degrees 12 minutes
25 seconds East 514.66 feet to point ``40558'' designated on said plat;
thence Northeasterly 911.91 feet along an arc to the left having a
radius of 1,821.00 feet and subtended by a long chord having a bearing
of North 16 degrees 51 minutes 39 seconds East and a length of 902.41
feet to point ``40066'' designated on said plat; thence North 2 degrees
32 minutes 51 seconds East 752.51 feet to point ``40507'' designated on
said plat; thence North 1 degree 16 minutes 19 seconds East 328.05 feet
to point ``40508'' designated on said plat; thence North 0 degrees 13
minutes 26 seconds East 2,178 feet to point ``40086'' designated on
said plat; thence North 1 degree 45 minutes 04 seconds West 58.03 feet
to point ``40087'' designated on said plat; thence North 5 degrees 42
minutes 27 seconds West 77.41 feet to point ``40088'' designated on
said plat; thence North 0 degrees 13 minutes 26 seconds East 255.00
feet to point ``40089'' designated on said plat; thence North 10
degrees 09 minutes 01 second East 40.61 feet to point ``40090''
designated on said plat; thence North 12 degrees 05 minutes 03 seconds
West 56.29 feet to point ``40091'' designated on said plat; thence
North 3 degrees 14 minutes 39 seconds West 165.30 feet to point
``40092'' designated on said plat; thence North 22 degrees 36 minutes
35 seconds West 103.08 feet to point ``40093'' designated on said plat;
thence North 35 degrees 36 minutes 49 seconds West 111.02 feet to point
``40094'' designated on said plat; thence North 47 degrees 29 minutes
45 seconds West 170.94 feet to the southwestern boundary of the Sam
Jones Expressway--I-465 interchange designated as point ``40516'' on
said plat; thence along the boundary of said Sam Jones Expressway--I-
465 interchange Southeasterly 524.85 feet along an arc to the right
having a radius of 505.96 feet and subtended by a long chord having a
bearing of South 30 degrees 31 minutes 16 seconds East and a length of
501.64 feet to the western boundary of I-465 thence South 11 degrees 47
minutes 29 seconds East 96.15 feet along the boundary of said I-465;
thence South 1 degree 39 minutes 27 seconds East 274.15 feet along said
boundary; thence South 0 degrees 13 minutes 26 seconds West 226.00 feet
along said boundary; thence South 0 degrees 00 minutes 45 seconds West
271.00 feet along said boundary; thence South 0 degrees 13 minutes 26
seconds West 29.00 feet along said boundary; thence South 0 degrees 27
minutes 49 seconds West 239.00 feet along said boundary; thence South 0
degrees 13 minutes 26 seconds West 461.00 feet along said boundary;
thence South 0 degrees 30 minutes 03 seconds West 207.00 feet along
said boundary; thence South 0 degrees 03 minutes 10 seconds West 669.00
feet along said boundary; thence South 0 degrees 14 minutes 01 seconds
West 21.47 feet along said boundary; thence South 0 degrees 59 minutes
38 seconds West 1,322.37 feet along said boundary; thence South 1
degree 20 minutes 13 seconds East 278.46 feet along said boundary to
the northwestern boundary of the I-70--I-465 interchange; thence along
the boundary of said I-70 I-465 interchange Southwesterly 355.49 feet
along an arc to the right having a radius of 666.20 feet and subtended
by a long chord having a bearing of South 17 degrees 01 minutes 33
seconds West and a length of 351.29 feet; thence South 24 degrees 47
minutes 18 seconds West 76.28 feet along said boundary; thence South 32
degrees 19 minutes 17 seconds West 76.28 feet along said boundary;
thence South 32 degrees 19 minutes 17 seconds West 600.00 feet along
said boundary; thence South 36 degrees 36 minutes 38 seconds West
200.56 feet along said boundary; thence South 28 degrees 39 minutes 43
seconds West 156.67 feet along said boundary; thence along said
boundary Southwesterly 610.17 feet along an arc to the right having a
radius of 671.20 feet and subtended by a long chord having a bearing of
South 58 degrees 24 minutes 9 seconds West and a length of 589.37 feet
to the north boundary of I-70; thence South 87 degrees 53 minutes 49
seconds West 185.37 feet along the boundary of said I-70 to the west
line of the Southwest Quarter of said Section 25; thence North 0
degrees 04 minutes 10 seconds West 188.80 feet along said west line to
the point of beginning and containing 6.716 acres, more or less, in
said Section 25, and containing 1.789 acres, more or less, in said
Section 24; and containing in all 8.505 acres, more or less.
    Parcel 105B: A part of the East Half of the Northeast Quarter of
Section 14, Township 15 North, Range 2 East, Marion County, Indiana,
and being that part of the grantor's land lying within the right-of-way
lines depicted on the attached Right-of Way Parcel Plat marked EXHIBIT
``B'', described as follows: Commencing at the southeast corner of said
quarter section; thence North 0 degrees 05 minutes 34 seconds East
730.26 feet along the east line of said quarter section; thence North
89 degrees 22 minutes 24 seconds West 28.00 feet to point ``51463''
designated on said plat on the west boundary of High School Road and
the point of beginning of this description: thence North 89 degrees 2
minutes 24 seconds West 9.381 feet to point ``51460'' designated on
said plat; thence North 3 degrees 39 minutes 45 seconds West 200.56
feet to point ``51461'' designated on said plat; thence North 3 degrees
11 minutes 15 seconds West 103.91 feet to

the north line of the grantor's land; thence North 88 degrees 15
minutes 36 seconds East 28.91 feet along said north line to the west
boundary of said High School Road; thence South 0 degrees 05 minutes 34
seconds West 304.88 feet along the boundary of said High School Road to
the point of beginning and containing 0.137 acres, more or less.

    Issued in Des Plaines, Illinois on January 19, 2010.
James G. Keefer,
Manager, Chicago Airports District Office, FAA, Great Lakes Region.
[FR Doc. 2010-2006 Filed 1-29-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 23, 2007 (Volume 72, Number 225)]
[Notices]
[Page 65727-65728]
[DOCID:fr23no07-63]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12897-000]

BPUS Generation Development, LLC; Notice of Application Accepted
for Filing and Soliciting Motions To Intervene, Protests, and Comments

November 16, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12897-000.
    c. Date Filed: July 30, 2007.
    d. Applicant: BPUS Generation Development, LLC.
    e. Name of Project: Tionesta Dam Hydroelectric Project.
    f. Location: Tionesta Creek in Forest County, Pennsylvania. It
would use the U.S. Army Corps of Engineers' Tionesta Dam.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Jeffrey M. Auser, P.E., BPUS Generation
Development, LLC, 225 Greenfield Parkway, Suite 201, Liverpool, NY
13088,<PHONE_NUMBER>.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426. Comments, protests, and
interventions may be filed electronically via the Internet in lieu of
paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site under the ``e-Filing'' link. The Commission
strongly encourages electronic filings. Please include the project
number (P-12897-000) on any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project using the U.S. Army
Corps of Engineers' Tionesta Dam and operated in a run-of-river mode
would consist of: (1) A new 100-foot long, 100-foot wide, 50-foot high
concrete powerhouse adjacent to the existing stilling basin; (2) a new
125-foot long steel liner in the downstream end of the Corps' 19-foot
diameter concrete outlet tunnel and a bifurcating steel fabrication in
the outlet (one side of the bifurcating outlet would be a 40-foot long,
12-foot diameter steel penstock leading to the powerhouse and the other
side would be equipped with a suitable gate or valve for project
bypass); (3) two turbine/generator units with a combined installed
capacity of 5.3 megawatts; (4) a new 9,800-foot long above ground
transmission line extending from the switchyard near the powerhouse to
a transmission connection at an existing substation that serves the
town of Tionesta; and (5) appurtenant facilities. The proposed Tionesta
Dam Project would have an average annual generation of 23.2 gigawatt-
hours.
    l. This filing is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket

number excluding the last three digits in the docket number field to
access the document. For assistance, call toll-free 1-866-208-3676 or
e-mail<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy
is also available for inspection and reproduction at the address in
item h above.
    m. Competing Preliminary Permit--Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    n. Competing Development Application--Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development

application allows an interested person to file the competing
application no later than 120 days after the specified comment date for
the particular application. A competing license application must
conform with 18 CFR 4.30 and 4.36.
    o. Notice of Intent--A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    p. Proposed Scope of Studies Under Permit--A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    q. Comments, Protests, or Motions to Intervene--Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    r. Filing and Service of Responsive Documents--Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', and ``MOTION TO INTERVENE'', as applicable, and the
Project Number of the particular application to which the filing
refers. Any of the above-named documents must be filed by providing the
original and the number of copies provided by the Commission's
regulations to: The Secretary, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426. An additional copy must be
sent to Director, Division of Hydropower Administration and Compliance,
Federal Energy Regulatory Commission, at the above-mentioned address. A
copy of any notice of intent, competing application or motion to
intervene must also be served upon each representative of the Applicant
specified in the particular application.
    s. Agency Comments--Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-22835 Filed 11-21-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 220 (Tuesday, November 15, 2016)]
[Notices]
[Pages 80077-80078]
[FR Doc No: 2016-27417]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-1162]

Louis Daniel Smith: Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The U.S. Food and Drug Administration (FDA or Agency) is
issuing an order under the Federal Food, Drug, and Cosmetic Act (the
FD&C Act) permanently debarring Louis Daniel Smith from providing
services in any capacity to a person that has an approved or pending
drug product application. FDA bases this order on a finding that Mr.
Smith was convicted of felonies under Federal law for conduct relating
to the development or approval, including the process for development
or approval, of a drug product, or otherwise relating to the regulation
of a drug product under the FD&C Act. Mr. Smith was given notice of the
proposed permanent debarment and an opportunity to request a hearing
within the timeframe prescribed by regulation. Mr. Smith failed to
respond. Mr. Smith's failure to respond constitutes a waiver of his
right to a hearing concerning this action.

DATES: This order is effective November 15, 2016.

ADDRESSES: Submit applications for special termination of debarment to
the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Kenny Shade, Division of Enforcement,
Office of Enforcement and Import Operations, Office of Regulatory
Affairs (ELEM-4144), Food and Drug Administration, 12420 Parklawn Dr.,
Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(a)(2)(A) of the FD&C Act (21 U.S.C. 335a(a)(2)(A))
requires debarment of an individual if FDA finds that the individual
has been convicted of a felony under Federal law for conduct relating
to the development or approval, including the process for development
or approval, of any drug product. Section 306(a)(2)(B) of the FD&C Act
requires debarment of an individual if FDA finds that the individual
has been convicted of a felony under Federal law for conduct otherwise
relating to the regulation of any drug product under the FD&C Act.
    On October 27, 2015, the U.S. District Court for the Eastern
District of Washington entered judgment against Mr. Smith for one count
of conspiracy, in violation of 18 U.S.C. 371, three counts of
introducing misbranded drugs into interstate commerce with intent to
defraud or mislead, in violation of section 301(a) of the FD&C Act (21
U.S.C. 331(a)), which according to section 303(a)(2) of the FD&C Act
(21 U.S.C. 333(a)(2)) constitutes a felony, and one count of smuggling
in violation of 18 U.S.C. 545.
    The factual basis for this conviction is as follows: Mr. Smith was
a managing member of PGL International, LLC (PGL), and served as the
director of PGL's operations. PGL is a Nevada corporation, which
marketed and sold various health-related products, including Miracle
Mineral Solution (MMS), a mixture of sodium chlorite and water. Sodium
chlorite is an industrial chemical used as a pesticide and for
hydraulic fracking and wastewater treatment. Sodium chlorite cannot be
sold for human consumption and suppliers of the chemical include a
warning sheet stating that it can cause potentially fatal side effects
if swallowed. Mr. Smith obtained chemicals needed to manufacture the
misbranded drug MMS without revealing to regulators and suppliers the
true purpose of the chemicals; used those chemicals to manufacture the
misbranded drug MMS in a facility that was not disclosed to regulators;
offered the misbranded drug MMS for sale on Web sites Mr. Smith had
established; and sold that drug in interstate commerce.
    From on or about September 11, 2004, to at least on or about July
16, 2012, in the Eastern District of Washington and elsewhere, Mr.
Smith introduced, delivered for introduction into interstate commerce,
and caused the introduction and delivery for introduction into
interstate commerce, with the intent to defraud or mislead, misbranded
drugs. In addition, he knowingly defrauded the United States and also
impeded the lawful government functions of FDA, specifically, FDA's
duty to protect the health and safety of the public by, among other
things, ensuring that drugs marketed in the United States are safe and
effective for their intended uses and are manufactured in
establishments that are registered with FDA, and that the labeling of
such drugs bears true and accurate information.
    As a result of this conviction, FDA sent Mr. Smith by certified
mail on August 5, 2016, a notice proposing to permanently debar him
from providing services in any capacity to a person that has an
approved or pending drug product application. The proposal was based on
a finding, under section 306(a)(2) of the FD&C Act, that Mr. Smith was
convicted of felonies under Federal law for conduct relating to the
development or approval, including the process for development or
approval, of a drug product, or conduct otherwise relating to the
regulation of a drug product under the FD&C Act. The proposal also
offered Mr. Smith an opportunity to request a hearing, providing him 30
days from the date of receipt of the letter in which to file the
request, and advised him that failure to request a hearing constituted
a waiver of the opportunity for a hearing and of any contentions
concerning this action. Mr. Smith received the proposal on August 8,
2016. Mr. Smith did not request a hearing and has, therefore, waived
his opportunity for a hearing and any contentions concerning his
debarment (21 CFR part 12).

II. Findings and Order

    Therefore, the Director, Office of Enforcement and Import
Operations, Office of Regulatory Affairs, under section 306(a)(2) of
the FD&C Act, under authority delegated to him (Staff Manual Guide
1410.35), finds that Louis Daniel Smith has been convicted of felonies
under Federal law for conduct relating to the development or approval,
including the process for development or approval, of a drug product,
or conduct otherwise relating to the regulation of a drug product under
the FD&C Act.
    As a result of the foregoing finding, Louis Daniel Smith is
permanently debarred from providing services in any capacity to a
person with an approved or pending drug product application under
sections 505, 512, or 802 of the FD&C Act (21 U.S.C. 355, 360b, or
382), or under section 351 of the Public Health Service Act (42 U.S.C.
262), effective (see DATES) (see section 201(dd) (21 U.S.C. 321(dd)),
306(c)(1)(B), and 306(c)(2)(A)(ii) of the FD&C Act). Any person with an
approved or pending drug product application who knowingly employs or
retains as a consultant or contractor, or otherwise uses the services
of Louis Daniel Smith, in any capacity during his debarment, will be
subject to civil money penalties (section 307(a)(6) of the

FD&C Act (21 U.S.C. 335b(a)(6))). If Mr. Smith provides services in any
capacity to a person with an approved or pending drug product
application during his period of debarment he will be subject to civil
money penalties (section 307(a)(7) of the FD&C Act). In addition, FDA
will not accept or review any abbreviated new drug applications from
Mr. Smith during his period of debarment (section 306(c)(1)(B) of the
FD&C Act).
    Any application by Mr. Smith for special termination of debarment
under section 306(d)(4) of the FD&C Act should be identified with
Docket No. FDA-2016-N-1162 and sent to the Division of Dockets
Management (see ADDRESSES). All such submissions are to be filed in
four copies. The public availability of information in these
submissions is governed by 21 CFR 10.20.
    Publicly available submissions will be placed in the docket, and
will be viewable at http://www.regulations.gov or at the Division of
Dockets Management (see ADDRESSES) between 9 a.m. and 4 p.m., Monday
through Friday.

    Dated: November 9, 2016.
Armando Zamora,
Deputy Director, Office of Enforcement and Import Operations, Office of
Regulatory Affairs.
[FR Doc. 2016-27417 Filed 11-14-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 199 (Wednesday, October 15, 2014)]
[Notices]
[Page 61886]
[FR Doc No: 2014-24480]

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

Federal Emergency Management Agency

[Docket ID FEMA-2014-0003]

Notice of Adjustment of Countywide Per Capita Impact Indicator

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: FEMA gives notice that the countywide per capita impact
indicator under the Public Assistance program for disasters declared on
or after October 1, 2014, will be increased.

DATES: Effective Date: October 1, 2014, and applies to major disasters
declared on or after October 1, 2014.

FOR FURTHER INFORMATION CONTACT: William Roche, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In assessing damages for area designations
under 44 CFR 206.40(b), FEMA uses a county-wide per capita indicator to
evaluate the impact of the disaster at the county level. FEMA will
adjust the countywide per capita impact indicator under the Public
Assistance program to reflect annual changes in the Consumer Price
Index for All Urban Consumers published by the Department of Labor.
    FEMA gives notice of an increase in the countywide per capita
impact indicator to $3.56 for all disasters declared on or after
October 1, 2014.
    FEMA bases the adjustment on an increase in the Consumer Price
Index for All Urban Consumers of 1.7 percent for the 12-month period
that ended in August 2014. The Bureau of Labor Statistics of the U.S.
Department of Labor released the information on September 17, 2014.

(Catalog of Federal Domestic Assistance No. 97.036, Disaster
Grants--Public Assistance (Presidentially Declared Disasters))

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2014-24480 Filed 10-14-14; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Notices]
[Pages 21288-21290]
[FR Doc No: 2018-09859]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC18-5-000]

Commission Information Collection Activities (FERC-917 and FERC-
918); Comment Request; Extension

AGENCY: Federal Energy Regulatory Commission.

ACTION: Comment request.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is submitting its information collection FERC-917 (Electric
Transmission Facilities) and FERC-918 (Standards for Business Practices
and Communication Protocols for Public Utilities to the Office of
Management and Budget (OMB)] for review of the information collection
requirements. Any interested person may file comments directly with OMB
and should address a copy of those comments to the Commission as
explained below. The Commission previously published a Notice in the
Federal Register 2/6/2018 requesting public comments. The Commission
received no comments on the FERC-917 nor the FERC-918 and is making
this notation in its submittal to OMB.

DATES: Comments on the collection of information are due by June 8,
2018.

ADDRESSES: Comments filed with OMB, identified by the OMB Control No.
1902-0233 (for both the FERC-917 and FERC-918), should be sent via
email to the Office of Information and Regulatory Affairs:
[email protected]. Attention: Federal Energy Regulatory
Commission Desk Officer. The Desk Officer may also be reached via
telephone at<PHONE_NUMBER>.
    A copy of the comments should also be sent to the Commission, in
Docket No. IC18-5-000, by either of the following methods:
     eFiling at Commission's website: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at [email protected], or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected], by telephone at<PHONE_NUMBER>, and by fax at
(202) 273-0873.

SUPPLEMENTARY INFORMATION:
    Title: FERC-917 (Electric Transmission Facilities) and FERC-918
(Standards for Business Practices and Communication Protocols for
Public Utilities.
    OMB Control No.: 1902-0233.
    Type of Request: Three-year extension of the FERC-917 and FERC-918
information collection requirements with no changes to the reporting
requirements.
    Abstract: On February 17, 2007, the Commission issued Order No. 890
\1\ to address and remedy opportunities for undue discrimination under
the pro forma Open Access Transmission Tariff (OATT) adopted in 1996 by
Order No. 888.\2\ Through Order No. 890, the Commission:
---------------------------------------------------------------------------

    \1\ Final Rule in Docket Nos. RM05-17-000 and RM05-25-000,
issued 2/16/2007.
    \2\ Promoting Wholesale Competition Through Open Access Non-
discriminatory Transmission Services by Public Utilities; Recovery
of Stranded Costs by Public Utilities and Transmitting Utilities,
Order No. 888, 61 FR 21540 (May 10, 1996), FERC Stats. & Regs. ]
31,036 (1996), order on reh'g, Order No. 888-A, 62 FR 12274 (Mar.
14, 1997), FERC Stats. & Regs. ] 31,048 (1997), order on reh'g,
Order No. 888-B, 81 FERC ] 61,248 (1997), order on reh'g, Order No.
888-C, 82 FERC ] 61,046 (1998), aff'd in relevant part sub nom.
Transmission Access Policy Study Group v. FERC, 225 F.3d 667 (D.C.
Cir. 2000), aff'd sub nom. New York v. FERC, 535 U.S. 1 (2002).
---------------------------------------------------------------------------

     Adopted pro forma OATT provisions necessary to keep
imbalance charges closely related to incremental costs;
     Increased nondiscriminatory access to the grid by
requiring public utilities, working through the North American Electric
Reliability Corporation (NERC), to develop consistent methodologies for
available transfer capability (ATC) calculation and to publish those
methodologies to increase transparency;
     Required an open, transparent, and coordinated
transmission planning process thereby increasing the ability of
customers to access new generating resources and promote efficient
utilization of transmission;
     Gave the right to customers to request from transmission
providers, studies addressing congestion and/or integration of new
resource loads in areas of the transmission system where they have
encountered transmission problems due to congestion or where they
believe upgrades and other investments may be necessary to reduce
congestion and to integrate new resources;
     Required both the transmission provider's merchant
function and network customers to include a statement with each
application for network service or to designate a new network resource
that attests, for each network resource identified, that the
transmission customer owns or has committed to purchase the designated
network resource and the designated network resource comports with the
requirements for designated network resources. The network customer
includes this attestation in the customer's comment section of the
request when it confirms the request on the Open Access Same-Time
Information System (OASIS);
     Required with regard to capacity reassignment that: (a)
All sales or assignments of capacity be conducted through or otherwise
posted on the transmission provider's OASIS on or before the date the
reassigned service commences; (b) assignees of transmission capacity
execute a service agreement prior to the date on which the reassigned
service commences; and (c) transmission providers aggregate and
summarize in an electric quarterly report the data contained in these
service agreements;
     Adopted an operational penalties annual filing that
provides information regarding the penalty revenue the transmission
provider has received and distributed; and
     Required creditworthiness information to be included in a
transmission provider's OATT. Attachment L must specify the qualitative
and quantitative criteria that the transmission provider uses to

determine the level of secured and unsecured credit required.
    The Commission required a NERC/NAESB \3\ team to draft and review
Order No. 890 reliability standards and business practices. The team
was to solicit comment from each utility on developed standards and
practices and utilities were to implement each, after Commission
approval. Public utilities, working through NERC, were to revise
reliability standards to require the exchange of data and coordination
among transmission providers and, working through NAESB, were to
develop complementary business practices.
---------------------------------------------------------------------------

    \3\ NAESB is the North American Energy Standards Board.
---------------------------------------------------------------------------

    Required OASIS postings included:

     Explanations for changes in ATC values;
     Capacity benefit margin (CBM) reevaluations and quarterly
postings;
     OASIS metrics and accepted/denied requests;
     Planning redispatch offers and reliability redispatch
data;
     Curtailment data;
     Planning and system impact studies;
     Metrics for system impact studies; and
     All rules.

    Incorporating the Order No. 890 standards into the Commission's
regulations benefits wholesale electric customers by streamlining
utility business practices, transactional processes, and OASIS
procedures, and by adopting a formal ongoing process for reviewing and
upgrading the Commission's OASIS standards and other electric industry
business practices. These practices and procedures benefit from the
implementation of generic industry standards.
    The Commission's Order No. 890 regulations can be found in 18 CFR
35.28 (pro forma tariff requirements), and 37.6 and 37.7 (OASIS
requirements).
    Type of Respondents: Provide information on any types of entities
who respond to the information collection.
    Estimate of Annual Burden \4\: The estimated annual public
reporting burdens for FERC-917 (requirements in 18 CFR 35.28) and FERC-
918 (requirements in 18 CFR 37.6 and 37.7) are reduced from the
original estimates made three years ago. The reductions are due to the
incorporation and completion of:
---------------------------------------------------------------------------

    \4\ The Commission defines burden as the total time, effort, or
financial resources expended by persons to generate, maintain,
retain, or disclose or provide information to or for a Federal
agency. For further explanation of what is included in the
information collection burden, reference 5 Code of Federal
Regulations 1320.3.
---------------------------------------------------------------------------

     One-time pro forma tariff and standards changes by
utilities in existence at that time, which would not be needed unless
the tariff and/or standards are changed again; and
     completed development and comment solicitation of the
required NERC/NAESB reliability standards and business practices. The
other activities are annual ongoing requirements. The estimated annual
figures follow:
---------------------------------------------------------------------------

    \5\ Burden is defined as the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. For
further explanation of what is included in the information
collection burden, refer to 5 Code of Federal Regulations 1320.3.

----------------------------------------------------------------------------------------------------------------
                                                                  Average number  Average burden
           FERC information collection             Annual number    of reponses    \5\ hours per   Total annual
                                                  of respondents  per respondent     response      burden hours
                                                             (1)             (2)             (3)     (1)x(2)x(3)
----------------------------------------------------------------------------------------------------------------
                                             18 CFR 35.28 (FERC-917)
----------------------------------------------------------------------------------------------------------------
Conforming tariff changes.......................               0               0               0               0
Revision of Imbalance Charges...................               0               0               0               0
ATC revisions...................................               0               0               0               0
Planning (Attachment K).........................             134               1             100          13,400
Congestion studies..............................             134               1             300          40,200
Attestation of network resource commitment......             134               1               1             134
Capacity reassignment...........................             134               1             100          13,400
Operational Penalty annual filing...............             134               1              10           1,340
Creditworthiness--include criteria in the tariff               0               0               0               0
                                                 ---------------------------------------------------------------
    FERC-917--Sub Total Part 35.................  ..............  ..............  ..............          68,474
----------------------------------------------------------------------------------------------------------------
                                          18 CFR 37.6 & 37.7 (FERC-918)
----------------------------------------------------------------------------------------------------------------
ATC-related standards:
    NERC/NAESB Team to develop..................               0               0               0               0
    Review and comment by utility...............               0               0               0               0
    Implementation by each utility..............               0               0               0               0
Mandatory data exchanges........................             134               1              80          10,720
Explanation of change of ATC values.............             134               1             100          13,400
Reevaluate CBM and post quarterly...............             134               1              20           2,680
Post OASIS metrics; requests accepted/denied....             134               1              90          12,060
Post planning redispatch offers and reliability              134               1              20           2,680
 redispatch data................................
Post curtailment data...........................             134               1              10           1,340
Post Planning and System Impact Studies.........             134               1               5             670
Posting of metrics for System Impact Studies....             134               1             100          13,400
Post all rules to OASIS.........................             134               1               5             670
    FERC-918--Recordkeeping Requirements........             134               1              40           5,360
                                                 ---------------------------------------------------------------
        FERC-918 -Sub Total of Part 37 Reporting  ..............  ..............  ..............          57,620
         Requirements...........................
                                                 ---------------------------------------------------------------

        FERC-918--Sub Total of Reporting and      ..............  ..............  ..............          62,980
         Recordkeeping Requirements.............
                                                 ---------------------------------------------------------------
        Total FERC-917 and FERC-918 (Part 35 +    ..............  ..............  ..............         131,454
         Part 37, Reporting and Recordkeeping
         Requirements)..........................
----------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.

    Dated: May 3, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-09859 Filed 5-8-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16458-16459]
[FR Doc No: 2017-06567]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80334; File No. SR-NYSE-2017-03]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order
Approving Proposed Rule Change Amending Rule 98

March 29, 2017.

I. Introduction

    On January 26, 2017, New York Stock Exchange LLC (``Exchange'' or
``NYSE'') 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 amend NYSE Rule 98. The proposed rule change
was published for comment in the Federal Register on February 16,
2017.\3\ The Commission received no comments on the proposed rule
change. The Commission is approving the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 80019 (Feb. 10,
2017), 82 FR 10942 (Feb. 16, 2017).
---------------------------------------------------------------------------

II. Description of the Proposal

    The Exchange proposes to amend Rule 98 to provide that, while on
the Trading Floor, DMMs must trade DMM securities at their assigned
stock trading post location and may not trade any security that is a
related product of their DMM securities.\4\
---------------------------------------------------------------------------

    \4\ As defined in Rule 2(i), the term ``DMM'' means an
individual member, officer, partner, employee or associated person
of a Designated Market Maker Unit who is approved by the Exchange to
act in the capacity of a DMM. The term ``DMM securities'' is defined
in Rule 98(a)(2) to mean any securities allocated to the DMM unit
pursuant to Rule 103B or other applicable rules. The term ``related
products'' is defined in Rule 98(a)(7) to mean any derivative
instrument that is related to a DMM security, including options,
warrants, hybrid securities, single-stock futures, security-based
swap agreement, a forward contract, or any other instrument that is
exercisable into or whose price is based upon or derived from a
security traded at the Exchange.
---------------------------------------------------------------------------

A. Background

    Rule 98 governs the operation of a DMM unit and paragraph (c)(3) of
that rule specifies restrictions on trading for member organizations
operating a DMM unit. More specifically, Rule 98(c)(3)(B) provides
that, while on the Trading Floor of the Exchange,\5\ employees of the
DMM unit:
---------------------------------------------------------------------------

    \5\ As defined in Rule 6A, the term ``Trading Floor'' means the
restricted-access physical areas designated by the Exchange for the
trading of securities, commonly known as the ``Main Room'' and the
``Buttonwood Room'' and does not include (i) the areas in the
``Buttonwood Room'' designated by the Exchange where NYSE Amex-
listed options are traded, which, for the purposes of the Exchange's
Rules, is referred to as the ``NYSE Amex Options Trading Floor'' or
(ii) the physical area within fully enclosed telephone booths
located in 18 Broad Street at the Southeast wall of the Trading
Floor.
---------------------------------------------------------------------------

    (i) Except as provided for in Rule 36.30,\6\ may trade only DMM
securities only on or through the systems and facilities of the
Exchange as permitted by Exchange rules.
---------------------------------------------------------------------------

    \6\ Rule 36.30 permits a DMM unit that is registered in an
Investment Company Unit (as defined in Section 703.16 of the Listed
Company Manual) or a Trust Issued Receipt (as that term is defined
in Rule 1200) to use a telephone connection or order entry terminal
at the DMM unit's post to enter proprietary orders in the Unit or
receipt in another market center, in a Component Security of such a
Unit or receipt, or an options or futures contract related to such
Unit or receipt, and may use the post telephone to obtain market
information with respect to such Units, receipts, options, futures
or Component Securities.
---------------------------------------------------------------------------

    (ii) except as provided for in Rule 36.30, may not communicate with
individuals or systems responsible for making trading decisions for
related products or for away-market trading in their assigned DMM
securities.
    (iii) shall not have access to customer information or the DMM
unit's position in related products.
    Accordingly, under current Rule 98, while on the Trading Floor,
DMMs may only trade DMM securities and, thus, may not trade any other
securities, including securities that are related products to their DMM
securities.

B. Proposed Rule Change

    The Exchange proposes to amend Rule 98 to remove restrictions on
DMM operations on the Trading Floor that are unrelated to the role of
DMMs at the Exchange. Specifically, as described in Rule 104, DMMs have
specified obligations with respect to their DMM securities and have
access to specified non-public order information regarding their DMM
securities.\7\ However, the Exchange states that DMMs do not have a
unique role or access to any non-public order information with respect
to securities that are not assigned to them under Rule 103B. The
Exchange therefore believes that the current Rule 98 restrictions are
unnecessarily broad.
---------------------------------------------------------------------------

    \7\ See, e.g., Rule 104(a) and (j).
---------------------------------------------------------------------------

    Accordingly, the Exchange proposes to amend Rule 98(c)(3)(B)(i) to
provide that, while on the Trading Floor, employees of the DMM unit may
trade DMM securities only on or through the systems and facilities of
the Exchange at the DMM unit's assigned stock trading post location and
as permitted by Exchange rules. Because the proposed rule would no
longer specify the only securities that a DMM is permitted to trade,
the Exchange proposes to delete

the clause ``except as provided for in Rule 36.30.'' The Exchange also
proposes to add new Rule 98(c)(3)(B)(ii) to provide that while on the
Trading Floor of the Exchange, employees of the DMM unit may not trade
any security that is a related product of its DMM securities. The
Exchange would renumber current Rules 98(c)(3)(B)(ii) and (iii) as new
Rules 98(c)(3)(B)(iii) and (iv).
    As a result of these proposed changes, DMMs would no longer be
restricted from trading securities that are unrelated to DMM securities
while on the Trading Floor. However, the proposed amendments would
continue to require that, while on the Trading Floor, DMMs would not be
able to trade any securities that are related products to DMM
securities. The proposed amendment would also add a new requirement
that DMMs may only trade their DMM securities at their assigned stock
trading post.
    The proposed rule change would allow Exchange DMMs that are also
NYSE MKT LLC (``NYSE MKT'') DMMs to continue to operate. Currently,
NYSE MKT's cash equities trading operations share a Floor with the
Exchange. DMMs who are also approved as NYSE MKT DMMs currently trade
in both NYSE-listed DMM securities and NYSE MKT-listed DMM securities
from the same physical location on the exchanges' respective Trading
Floors.\8\ NYSE MKT has proposed to transition from a Floor-based
trading model to a fully automated trading model.\9\ After this
transition, NYSE MKT would continue to have electronic-access DMMs that
would be the same member organizations that are currently operating as
Floor-based NYSE MKT DMMs. The proposed amendment to Rule 98 would
permit NYSE DMMs to continue to support their electronic NYSE MKT DMM
functions in the same physical location where they are currently
operating.
---------------------------------------------------------------------------

    \8\ NYSE MKT DMMs operate under the NYSE MKT Rule 98--Equities.
    \9\ See Securities Exchange Act Release No. 79993 (Feb. 9,
2017), 82 FR 10814 (Feb. 15, 2017) (notice of filing of SR-NYSEMKT-
2017-1 (``NYSE MKT Trading Rules Filing'')). Subject to rule
approval, NYSE MKT anticipates transitioning off of its Floor in the
second quarter of 2017.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\10\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\11\ which
requires, among other things, that the rules of a national securities
exchange be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \10\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Under the proposal, DMMs would be permitted to trade securities
that are unrelated to DMM securities while on the Trading Floor. The
Exchange represents that DMMs do not have a unique role or access to
any non-public order information with respect to securities that are
not assigned to them under Rule 103B. The Commission notes that, while
on the Trading Floor, DMMs would continue to be prohibited from trading
securities that are related products to DMM securities. In addition,
the Commission notes that, while on the Trading Floor, employees of the
DMM unit would be permitted to trade DMM securities only on or through
the systems and facilities of the Exchange at the DMM unit's assigned
stock trading post location and as permitted by Exchange rules.
    For the above reasons, the Commission finds that the proposal is
consistent with the requirements of the Act.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\12\ that the proposed rule change (NYSEMKT-2017-03) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \12\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-06567 Filed 4-3-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 245 (Thursday, December 20, 2012)]
[Notices]
[Pages 75492-75493]
[FR Doc No: 2012-30640]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2012-0283]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt 16 individuals from its
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM)
from operating commercial motor vehicles (CMVs) in interstate commerce.
The exemptions will enable these individuals to operate CMVs in
interstate commerce.

DATES: The exemptions are effective December 20, 2012. The exemptions
expire on December 20, 2014.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Room
W64-224, 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:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/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.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's 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, or other
entity). You may review DOT's Privacy Act Statement for the Federal
Docket Management System (FDMS) published in the Federal Register on
January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Background

    On October 18, 2012, FMCSA published a notice of receipt of Federal
diabetes exemption applications from 16 individuals and requested
comments from the public (77 FR 64181). The public comment period
closed on November 19, 2012, and one comment was received.
    FMCSA has evaluated the eligibility of the 16 applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current requirement for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction

with the November 8, 2005 (70 FR 67777), Federal Register notice
provides the current protocol for allowing such drivers to operate CMVs
in interstate commerce.
    These 16 applicants have had ITDM over a range of 1 to 13 years.
These applicants report no severe hypoglycemic reactions resulting in
loss of consciousness or seizure, requiring the assistance of another
person, or resulting in impaired cognitive function that occurred
without warning symptoms, in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the past 5 years. In each case,
an endocrinologist verified that the driver has demonstrated a
willingness to properly monitor and manage his/her diabetes mellitus,
received education related to diabetes management, and is on a stable
insulin regimen. These drivers report no other disqualifying
conditions, including diabetes-related complications. Each meets the
vision requirement at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the October 18, 2012, Federal
Register notice and they will not be repeated in this notice.

Discussion of Comments

    FMCSA received one comment in this proceeding. Mr. Thomas A.
Goodman stated he had met with a dietitian and surgeon to start the
process for bariatric surgery, joined the ADA, and signed up for a
diabetes program provided by his health insurer.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption
is likely to achieve an equivalent or greater level of safety than
would be achieved without the exemption. The exemption allows the
applicants to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.

Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not it is
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

Conclusion

    Based upon its evaluation of the 16 exemption applications, FMCSA
exempts James D. Astle (OH), Gregory L. Faison (MD), Theodore A.
Garsombke (WI), Thomas A. Goodman (PA), Kenneth M. Hanson (IA), Ronald
D. Johnston (VA), Carl E. McCartney (PA), Jerry W. McFarland (OR), Fred
Nelson, Jr. (PA), Ricky L. Osterback (WA), Francis J. Pollock (MA),
Dwaine H. Sandlin (MI), Dan R. Stark (MN), Chad E. Vanscoy (OH),
Gregory C. Watson (NC), and Bailey G. Zickefoose, Jr. (WV) from the
ITDM requirement in 49 CFR 391.41(b)(3), subject to the conditions
listed under ``Conditions and Requirements'' above.
    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will
be valid for two years unless revoked earlier by FMCSA. The exemption
will be revoked if the following occurs: (1) The person fails to comply
with the terms and conditions of the 1/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. If the
exemption is still effective at the end of the 2-year period, the
person may apply to FMCSA for a renewal under procedures in effect at
that time.

    Issued on: December 12, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-30640 Filed 12-19-12; 8:45 am]
BILLING CODE 4910-EX-P