[Federal Register Volume 76, Number 77 (Thursday, April 21, 2011)]
[Notices]
[Pages 22425-22427]
[FR Doc No: 2011-9623]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64303; File No. SR-ISE-2011-18]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change Relating to Fees and Rebates for Adding and Removing Liquidity

April 15, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 8, 2011, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') filed with the Securities and Exchange
Commission the proposed rule change, as described in Items I and II
below, which items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE is proposing to amend its transaction fees and rebates for
adding and removing liquidity. The text of the proposed rule change is
available on the Exchange's Web site (http://www.ise.com), at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
    The Exchange currently assesses a per contract transaction charge
to market participants that add or remove liquidity from the Exchange
(``maker/taker fees'') in 100 options classes (the ``Select
Symbols'').\3\ For complex orders in the Select Symbols, the Exchange
currently charges a take fee of: (i) $0.27 per contract for Market
Maker and Market Maker Plus \4\ orders, (ii) $0.28

per contract for Firm Proprietary and Customer (Professional) \5\
orders; and (iii) $0.35 per contract for Non-ISE Market Maker \6\
orders. Priority Customer \7\ orders, regardless of size, are not
assessed a fee for removing liquidity from the Complex Order book. The
Exchange now proposes to increase the take fee for complex orders in
the Select Symbols, as follows: (i) For Market Maker and Market Maker
Plus complex orders, from $0.27 per contract to $0.30 per contract, and
(ii) for Firm Proprietary and Customer (Professional) complex orders,
from $0.28 per contract to $0.30 per contract. The Exchange is not
proposing any change to the take fee for Non-ISE Market Maker and
Priority Customer complex orders.
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    \3\ Options classes subject to maker/taker fees are identified
by their ticker symbol on the Exchange's Schedule of Fees. See
Securities Exchange Act Release Nos. 61869 (April 7, 2010), 75 FR
19449 (April 14, 2010) (SR-ISE-2010-25), 62048 (May 6, 2010), 75 FR
26830 (May 12, 2010) (SR-ISE-2010-43), 62282 (June 11, 2010), 75 FR
34499 (June 17, 2010) (SR-ISE-2010-54), 62319 (June 17, 2010), 75 FR
36134 (June 24, 2010) (SR-ISE-2010-57), 62508 (July 15, 2010), 75 FR
42809 (July 22, 2010) (SR-ISE-2010-65), 62507 (July 15, 2010), 75 FR
42802 (July 22, 2010) (SR-ISE-2010-68), 62665 (August 9, 2010), 75
FR 50015 (August 16, 2010) (SR-ISE-2010-82), 62805 (August 31,
2010), 75 FR 54682 (September 8, 2010) (SR-ISE-2010-90), 63283
(November 9, 2010), 75 FR 70059 (November 16, 2010) (SR-ISE-2010-
106), 63534 (December 13, 2010), 75 FR 79433 (December 20, 2010)
(SR-ISE-2010-114) and 63664 (January 6, 2011), 76 FR 2170 (January
12, 2011) (SR-ISE-2010-120).
    \4\ A Market Maker Plus is a market maker who is on the National
Best Bid or National Best Offer 80% of the time for series trading
between $0.03 and $5.00 (for options whose underlying stock's
previous trading day's last sale price was less than or equal to
$100) and between $0.10 and $5.00 (for options whose underlying
stock's previous trading day's last sale price was greater than
$100) in premium in each of the front two expiration months and 80%
of the time for series trading between $0.03 and $5.00 (for options
whose underlying stock's previous trading day's last sale price was
less than or equal to $100) and between $0.10 and $5.00 (for options
whose underlying stock's previous trading day's last sale price was
greater than $100) in premium across all expiration months in order
to receive the rebate. The Exchange determines whether a market
maker qualifies as a Market Maker Plus at the end of each month by
looking back at each market maker's quoting statistics during that
month. If at the end of the month, a market maker meets the
Exchange's stated criteria, the Exchange rebates $0.10 per contract
for transactions executed by that market maker during that month.
The Exchange provides market makers a report on a daily basis with
quoting statistics so that market makers can determine whether or
not they are meeting the Exchange's stated criteria.
    \5\ A Customer (Professional) is a person who is not a broker/
dealer and is not a Priority Customer.
    \6\ A Non-ISE Market Maker, or Far Away Market Maker
(``FARMM''), is a market maker as defined in Section 3(a)(38) of the
Securities Exchange Act of 1934, as amended (``Exchange Act''),
registered in the same options class on another options exchange.
    \7\ A Priority Customer is defined in ISE Rule 100(a)(37A) as a
person or entity that is not a broker/dealer in securities, and does
not place more than 390 orders in listed options per day on average
during a calendar month for its own beneficial account(s).
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    Additionally, ISE Market Makers who remove liquidity in the Select
Symbols from the Complex Order book by trading with orders that are
preferenced to them are currently charged $0.25 per contract. The
Exchange now proposes to increase the take fee for these preferenced
orders from $0.25 per contract to $0.28 per contract. The Exchange
notes that NASDAQ OMX PHLX, Inc. (``PHLX'') currently assesses a fee
for complex orders for certain symbols that are preferenced to market
makers at that exchange at a rate of $0.25 per contract. For regular
complex orders that remove liquidity in those symbols, PHLX charges a
take fee of $0.27 per contract. With this proposed fee change, ISE will
maintain the two cent differential that is currently in place at
PHLX.\8\
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    \8\ See PHLX Fee Schedule at http://www.nasdaqtrader.com/content/marketregulation/membership/phlx/feesched.pdf.
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    Finally, as an incentive for members to direct customer order flow
to the Exchange, Priority Customer complex orders, regardless of size,
currently receive a rebate of $0.20 per contract on all legs when these
orders trade with non-customer orders in the Exchange's Complex Order
book. The Exchange proposes to increase this rebate from $0.20 per
contract to $0.25 per contract. The Exchange believes it is necessary
to pay a rebate for Customer complex orders that add liquidity in order
to continue to attract Customer complex order flow to the Exchange.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Schedule of
Fees is consistent with Section 6(b) of the Act \9\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \10\ in
particular, in that it is an equitable allocation of reasonable dues,
fees and other charges among Exchange members and other persons using
its facilities. The impact of the proposal upon the net fees paid by a
particular market participant will depend on a number of variables,
most important of which will be its propensity to add or remove
liquidity in options overlying the Select Symbols.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that the proposed fees it charges for options
overlying the Select Symbols remain competitive with fees charged by
other exchanges and therefore continue to be reasonable and equitably
allocated to those members that opt to direct orders to the Exchange
rather than to a competing exchange. The Exchange believes that its
proposal to assess a $0.30 per contract take fee for complex orders in
the Select Symbols is reasonable because the fee is within the range of
fees assessed by other exchanges employing similar pricing schemes. For
example, the proposed take fees for complex orders are comparable to
rates assessed by PHLX. PHLX currently assesses a take fee of $0.28 for
Firm and Professional orders and $0.35 for Broker-Dealer orders in its
complex order book.\11\ The Exchange also believes that its proposal to
increase the take fee for preferenced orders to $0.28 per contract is
reasonable because it will allow the Exchange to remain competitive
with other exchanges that employ a similar pricing scheme while
maintaining the two cent differential that currently exists at options
exchanges between fees charged for regular complex orders that take
liquidity and complex orders that are preferenced to market makers. For
example, PHLX currently charges $0.25 per contract to Directed
Participants for removing liquidity from its complex order book in a
select group of symbols while charging $0.27 per contract for regular
complex orders.\12\ Additionally, the Exchange believes the proposed
fee increases are reasonable and equitable in that they apply equally
to all market participants that were previously subject to these fees.
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    \11\ See PHLX Fee Schedule at http://www.nasdaqtrader.com/content/marketregulation/membership/phlx/feesched.pdf.
    \12\ Id.
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    The Exchange also believes that it is reasonable and equitable to
provide a rebate for Priority Customer complex orders because paying a
rebate would continue to attract additional order flow to the Exchange
and thereby create liquidity that ultimately will benefit all market
participants who trade on the Exchange. The Exchange further believes
that paying a rebate is equitable and reasonable because it is similar
to rebates paid by other Exchanges.\13\
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    \13\ Id.
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    Moreover, the Exchange believes that the proposed fees are fair,
equitable and not unfairly discriminatory because the proposed fees are
consistent with price differentiation that exists today at other option
exchanges. Additionally, the Exchange believes it remains an attractive
venue for market participants to trade complex orders despite its
proposed fee change as its fees remain competitive with those charged
by other exchanges for similar trading strategies. The Exchange
operates in a highly competitive market in which market participants
can readily direct order flow to another exchange if they deem fee
levels at a particular exchange to be excessive. For the reasons noted
above, the Exchange believes that the proposed fees are fair, equitable
and not unfairly discriminatory.

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

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

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\14\ At any time within 60 days of the
filing of such proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
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    \14\ 15 U.S.C. 78s(b)(3)(A)(ii).
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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 e-mail to<EMAIL_ADDRESS>Please include
File No. SR-ISE-2011-18 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2011-18. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commissions Internet Web site (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room. Copies of such filing also will
be available for inspection and copying at the principal office of the
ISE. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-ISE-
2011-18 and should be submitted by May 12, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-9623 Filed 4-20-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 7, 2009 (Volume 74, Number 193)]
[Notices]
[Page 51602-51603]
[DOCID:fr07oc09-64]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8967-3]

Proposed Consent Decree, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed consent decree; request for public comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act, as
amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a
proposed consent decree, to address a lawsuit filed by Sierra Club in
the United States District Court for the District of Columbia: Sierra
Club v. Jackson, No. 1:09-cv-01028-CKK (D.D.C). Plaintiff filed a
deadline suit to compel the Administrator to respond to an
administrative petition seeking EPA's objection to a CAA Title V
operating permit issued by the Kentucky Department for Environmental
Protection, Division for Air Quality to the East Kentucky Power
Cooperative William C. Dale Power Station. Under the terms of the
proposed consent decree, EPA has agreed to respond to the petition by
December 15, 2009.

DATES: Written comments on the proposed consent decree must be received
by November 6, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2009-0763, online at http://www.regulations.gov (EPA's preferred
method); by e-mail to<EMAIL_ADDRESS>mailed to EPA Docket Center,
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; or by hand delivery or courier to
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday,
excluding legal holidays. Comments on a disk or CD-ROM should be
formatted in Word or ASCII file, avoiding the use of special characters
and any form of encryption, and may be mailed to the mailing address
above.

FOR FURTHER INFORMATION CONTACT: Mark Kataoka, Air and Radiation Law
Office (2344A), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Consent Decree

    This proposed consent decree would resolve a lawsuit alleging that
the Administrator failed to perform a nondiscretionary duty to grant or
deny, within 60 days of submission, an administrative petition to
object to a CAA Title V permit issued by the Kentucky Department for

Environmental Protection, Division for Air Quality to the East Kentucky
Power Cooperative William C. Dale Power Station. Under the terms of the
proposed consent decree, EPA has agreed to respond to the petition by
December 15, 2009. In addition, the proposed consent decree states that
after EPA fulfills its obligations under the decree, and the
Plaintiff's claims for costs of litigation have been resolved, the case
shall be dismissed with prejudice.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
proposed consent decree from persons who were not named as parties or
intervenors to the litigation in question. EPA or the Department of
Justice may withdraw or withhold consent to the proposed consent decree
if the comments disclose facts or considerations that indicate that
such consent is inappropriate, improper, inadequate, or inconsistent
with the requirements of the Act. Unless EPA or the Department of
Justice determines, based on any comment submitted, that consent to
this consent decree should be withdrawn, the terms of the decree will
be affirmed.

II. Additional Information About Commenting on the Proposed Consent
Decree

A. How Can I Get a Copy of the Consent Decree?

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2009-0763) contains a copy of the proposed consent
decree. The official public docket is available for public viewing at
the Office of Environmental Information (OEI) Docket in the EPA Docket
Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
http://www.regulations.gov. You may use the http://www.regulations.gov
to submit or view public comments, access the index listing of the
contents of the official public docket, and to access those documents
in the public docket that are available electronically. Once in the
system, key in the appropriate docket identification number then select
``search''.
    It is important to note that EPA's policy is that public comments,
whether submitted electronically or in paper, will be made available
for public viewing online at http://www.regulations.gov without change,
unless the comment contains copyrighted material, CBI, or other
information whose disclosure is restricted by statute. Information
claimed as CBI and other information whose disclosure is restricted by
statute is not included in the official public docket or in the
electronic public docket. EPA's policy is that copyrighted material,
including copyrighted material contained in a public comment, will not
be placed in EPA's electronic public docket but will be available only
in printed, paper form in the official public docket. Although not all
docket materials may be available electronically, you may still access
any of the publicly available docket materials through the EPA Docket
Center.

B. How and To Whom Do I Submit Comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an e-mail address or other
contact information in the body of your comment and with any disk or CD
ROM you submit. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. Any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
    Use of the http://www.regulations.gov Web site to submit comments
to EPA electronically is EPA's preferred method for receiving comments.
The electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(e-mail) system is not an ``anonymous access'' system. If you send an
e-mail comment directly to the Docket without going through http://
www.regulations.gov, your e-mail address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: September 29, 2009.
Richard B. Ossias,
Associate General Counsel.
[FR Doc. E9-24183 Filed 10-6-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Rules and Regulations]
[Pages 33570-33571]
[FR Doc No: 2020-11056]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2020-0226]

Safety Zone; Marine Events Within the Eighth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a Safety Zone for the St. John
the Baptist Independence Day fireworks display from 8:45 p.m. through
9:45 p.m. on July 3, 2020, to provide for the safety of life on
navigable waterways during this event. Our regulation for marine events
within the Eighth Coast Guard District identifies the regulated area
for this event on the Lower Mississippi River, by Reserve, Louisiana.
During the enforcement periods, the operator of any vessel in the
regulated area must comply with directions from the Patrol Commander or
any Official Patrol displaying a Coast Guard ensign.

DATES: The regulations in 33 CFR 165.801, Table 5, line 2 will be
enforced from 8:45 p.m. through 9:45 p.m. on July 3, 2020.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Lieutenant Commander Corinne
Plummer, Sector New Orleans, U.S. Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
located in 33 CFR 165.801, Table 5, line 2 for the St. John the Baptist
Independence Day Celebration event. The regulations will be enforced
from 8:45 p.m. through 9:45 p.m. on July 3, 2020. This action is being
taken to provide for the safety of life on these navigable waterways
during this event. Our regulations for marine events within the Eighth
Coast Guard District, 33 CFR 165.801, as updated by Federal Register
document (83 FR 55488), specifies the location of the regulated area on
the Mississippi River between mile markers 137.5 and 138.5 on the
Mississippi River near Reserve, Louisiana. During the enforcement
period, as reflected in Sec.  165.801(a)-(d), if you are the operator
of a vessel in the safety zone, you must comply with directions from
the Captain of the Port Sector New Orleans or a designated
representative.
    In addition to this notice of enforcement in the Federal Register
the

Coast Guard plans to provide notification of this enforcement period
via a Marine Safety Information Bulletin and/or Broadcast Notice to
Mariners.

    Dated: May 18, 2020.
K. M. Luttrell,
Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans.
[FR Doc. 2020-11056 Filed 6-1-20; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Notices]
[Pages 30294-30295]
[FR Doc No: 2016-11529]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC16-103-000.
    Applicants: Copper Mountain Solar 4, LLC, Mesquite Solar 2, LLC,
Mesquite Solar 3, LLC.
    Description: Errata to April 15, 2016 Application for Authorization
of Transaction Pursuant to FPA Section 203 of Copper Mountain Solar 4,
LLC, et al.
    Filed Date: 5/6/16.
    Accession Number: 20160506-5229.
    Comments Due: 5 p.m. ET 5/16/16.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG16-93-000.
    Applicants: Rio Bravo Solar I, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Rio Bravo Solar I, LLC.
    Filed Date: 5/6/16.
    Accession Number: 20160506-5210.
    Comments Due: 5 p.m. ET 5/27/16.

    Docket Numbers: EG16-94-000.
    Applicants: Rio Bravo Solar II, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Rio Bravo Solar II, LLC.
    Filed Date: 5/6/16.
    Accession Number: 20160506-5213.
    Comments Due: 5 p.m. ET 5/27/16.

    Docket Numbers: EG16-95-000.
    Applicants: Wildwood Solar II, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Wildwood Solar II, LLC.
    Filed Date: 5/6/16.
    Accession Number: 20160506-5214.
    Comments Due: 5 p.m. ET 5/27/16.

    Docket Numbers: EG16-96-000.
    Applicants: Marshall Solar, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Marshall Solar, LLC.
    Filed Date: 5/9/16.
    Accession Number: 20160509-5058.
    Comments Due: 5 p.m. ET 5/31/16.

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

    Docket Numbers: ER10-203-000; ER14-268-000.
    Applicants: Southern Company Services, Inc., Alabama Power Company.
    Description: Notice of Delay Until June 1, 2016 of True-Up Filings
under Southern Companies' OATT and Request for Waiver of Southern
Company Services, Inc., et al.
    Filed Date: 4/29/16.
    Accession Number: 20160429-5577.
    Comments Due: 5 p.m. ET 5/16/16.

    Docket Numbers: ER13-432-004.
    Applicants: Entergy Services, Inc.
    Description: Errata to May 3, 2016 Compliance Filing of Entergy
Services, Inc. Pursuant to Opinion No. 547.
    Filed Date: 5/6/16.
    Accession Number: 20160506-5231.
    Comments Due: 5 p.m. ET 5/27/16.

    Docket Numbers: ER16-1371-001.
    Applicants: 63SU 8ME LLC.
    Description: Tariff Amendment: Amendment to 1 to be effective 6/7/
2016.
    Filed Date: 5/6/16.
    Accession Number: 20160506-5183.
    Comments Due: 5 p.m. ET 5/27/16.

    Docket Numbers: ER16-1603-000.
    Applicants: San Diego Gas & Electric Company.
    Description: Filing Withdrawal: Withdrawal of Depreciation Rate
Filing under ER16-1603 to be effective N/A.
    Filed Date: 5/6/16.
    Accession Number: 20160506-5150.
    Comments Due: 5 p.m. ET 5/27/16.

    Docket Numbers: ER16-1639-000.
    Applicants: Arizona Public Service Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 285 to be
effective 7/7/2016.
    Filed Date: 5/6/16.
    Accession Number: 20160506-5184.
    Comments Due: 5 p.m. ET 5/27/16.

    Docket Numbers: ER16-1640-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of WMPA SA
No. 3417, Queue No. W3-159 to be effective 5/5/2016.
    Filed Date: 5/9/16.
    Accession Number: 20160509-5062.
    Comments Due: 5 p.m. ET 5/31/16.

    Docket Numbers: ER16-1641-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2016-05-09_SA 2916 Prairie
Power-Prairie Power 1st Rev GIA (J291) to be effective 5/10/2016.
    Filed Date: 5/9/16.
    Accession Number: 20160509-5081.
    Comments Due: 5 p.m. ET 5/31/16.

    Docket Numbers: ER16-1642-000.
    Applicants: San Diego Gas & Electric Company.
    Description: Initial rate filing: Certificate of Concurrence in
Large Generator Interconnection Agreement to be effective 6/1/2016.
    Filed Date: 5/9/16.
    Accession Number: 20160509-5084.
    Comments Due: 5 p.m. ET 5/31/16.

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

    Dated: May 9, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-11529 Filed 5-13-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 100 (Wednesday, May 26, 2021)]
[Notices]
[Pages 28432-28433]
[FR Doc No: 2021-11112]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0024]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

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

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SUMMARY: FMCSA announces receipt of applications from three individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to control a commercial motor
vehicle (CMV) to drive in interstate commerce. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs in
interstate commerce.

DATES: Comments must be received on or before June 25, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2021-0024 using any of the
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2021-0024, in the keyword box, and
click ``Search.'' Next, sort the results by ``Posted (Newer-Older),''
choose the first notice listed, and click on the ``Comment'' button.
Follow the online instructions for submitting comments.
     Mail: Dockets Operations; 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.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2021-0024), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. 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 www.regulations.gov/docket?D=FMCSA-2021-0024. Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, click the ``Comment'' button,
and type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
    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.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2021-0024, in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Dockets Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The three individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications
of each applicant to determine whether granting the exemption will
achieve the required level of safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV 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.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
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    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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    The criteria states that if an individual has had a sudden episode
of a non-epileptic seizure or loss of consciousness of unknown cause
that 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 ME 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 has 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 recovered fully 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.
    As a result of MEs misinterpreting advisory criteria as regulation,
numerous drivers have been prohibited from operating a CMV 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 ME based on
the physical qualification standards and medical best practices.
    On January 15, 2013, FMCSA announced in a Notice of Final
Disposition titled, ``Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders,'' (78 FR 3069), its decision to grant
requests from 22 individuals for exemptions from the regulatory
requirement that interstate CMV drivers have ``no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause loss of consciousness or any loss of ability to
control a CMV.'' Since that time, the Agency has published additional
notices granting requests from individuals for exemptions from the
regulatory requirement regarding epilepsy found in Sec.  391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure
disorders prohibition in Sec.  391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (78 FR 3069).

III. Qualifications of Applicants

Angela Camarco

    Ms. Camarco is a 62-year old class D license holder in Connecticut.
She has a history of focal seizures and has been seizure free since May
2004. She takes anti-seizure medication with the dosage and frequency
remaining the same since 1995. Her physician states she is supportive
of Ms. Camarco receiving an exemption.

Wesley Campbell

    Mr. Campbell is a 28-year old class C license holder in California.
He has a history of epilepsy and has been seizure free since October
2011. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2017. His physician states he is supportive of
Mr. Campbell receiving an exemption.

Thomas Frederick

    Mr. Frederick is a 26-year old class A license holder in
Pennsylvania. He had a single unprovoked seizure in May 2015. He takes
anti-seizure medication with the dosage and frequency remaining the
same since May 2015. His physician states he is supportive of Mr.
Frederick receiving an exemption.

IV. Request for Comments

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

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-11112 Filed 5-25-21; 8:45 am]
BILLING CODE 4910-EX-P