[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Notices]
[Pages 52568-52569]
[FR Doc No: 2013-20547]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2007-0043]

TUV SUD America, Inc.: Modification of Scope of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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SUMMARY: In this notice, OSHA is issuing a notification deleting three
test standards from the scope of recognition of the Nationally
Recognized Testing Laboratory (NRTL) TUV SUD America, Inc., based on
that NRTL's voluntary request that OSHA reduce its scope of
recognition.

DATES: This modification of the scope of recognition is effective on
August 23, 2013.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, Room N-3647, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-
1999; email<EMAIL_ADDRESS>    General and technical information: Contact David Johnson, NRTL
Program, Occupational Safety and Health Administration, Room N-3655,
U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC
20210; telephone<PHONE_NUMBER>: email<EMAIL_ADDRESS>OSHA's
Web page includes information about the NRTL Program (see http://www.osha.gov and select ``N'' in the ``A to Z Index'' located at the
top of the Web page).
    Copies of this Federal Register notice: Electronic copies of this
Federal Register notice are available under Docket No. OSHA-2006-0043
at http://www.regulations.gov. This Federal Register notice also is
available on OSHA's Web page at http://www.osha.gov. Access the Federal
Register notice on this Web page by

selecting ``F'' under the ``A to Z Index'' at the top of the page.

SUPPLEMENTARY INFORMATION:

I. Determination Regarding TUV SUD America, Inc.

    TUV SUD America, Inc., (TUVAM) requested that OSHA delete three
test standards (see Exhibit 1) from its scope of recognition.
Subsection II.D of Appendix A to 29 CFR 1910.7 provides that OSHA must
inform the public of such a reduction in scope. Accordingly, OSHA
hereby notifies the public that it is deleting the test standards (1)
UL 551 Transformer-type Arc-welding Machine, (2) UL 1484 Residential
Gas Detectors, and (3) UL 1662 Electric Chain Saws from TUVAM's scope
of recognition as of August 23, 2013. As of August 23, 2013, OSHA will
no longer accept certifications by TUVAM that products conform to UL
551, UL1484, or UL 1662. OSHA will delete these standards from TUVAM's
scope of recognition on the OSHA Web page.
    TUVAM must notify those NRTL clients for which TUVAM certified that
the clients' products conformed to UL 551, UL 1484, and UL 1662 that
TUVAM's scope of recognition no longer includes these standards.
TUVAM's notification to each affected client also must inform the
client that it must now obtain its product-certification services, with
respect to UL 551, UL 1484, and UL 1662, from an NRTL with a scope of
recognition that continues to include these standards. TUVAM's
notification to each affected client must be in writing and received by
the client within two weeks of the date of this notice.

II. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2)), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on August 19, 2013.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2013-20547 Filed 8-22-13; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Notices]
[Pages 18009-18010]
[FR Doc No: 2022-06573]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC22-9-000]

Commission Information Collection Activities (Ferc-912); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of information collection and request for comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection, FERC-912 (PURPA Section 210(m) Notification
Requirements Applicable to Cogeneration and Small Power Production
Facilities).

DATES: Comments on the collection of information are due May 31, 2022.

ADDRESSES: Send written comments on FERC-912 (IC22-9-000) to the
Commission. You may submit copies of your comments by one of the
following methods:
    Electronic filing through http://www.ferc.gov, is preferred.
     Electronic Filing: Documents must be filed in acceptable
native applications and print-to-PDF, but not in scanned or picture
format.
     For those unable to file electronically, comments may be
filed by USPS mail or by hand (including courier) delivery.
    [cir] Mail via U.S. Postal Service Only Addressed to: Federal
Energy Regulatory Commission, Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
    [cir] Hand (including courier) delivery to: Federal Energy
Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.
    Instructions: FERC submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov. For user
assistance, contact FERC Online Support by email at
[email protected], or by phone at:<PHONE_NUMBER> (toll-free).
    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 https://www.ferc.gov/ferc-online/overview.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected], telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: FERC-912, PURPA Section 210(m) Notification Requirements
Applicable to Cogeneration and Small Power Production Facilities.
    OMB Control No.: 1902-0237.
    Type of Request: Three-year extension of the FERC-912 information
collection requirements with no changes to the current reporting
requirements.
    Abstract: On 8/8/2005, the Energy Policy Act of 2005 (EPAct 2005)
\1\ was signed into law. Section 1253(a) of EPAct 2005 amends Section
210 of the Public Utility Regulatory Policies Act of 1978 (PURPA) by
adding subsection ``(m),'' that provides, based on a specified showing,
for the termination and subsequent reinstatement of an electric
utility's obligation to purchase from, and sell energy and capacity to,
qualifying facilities (QFs). In 2019 the Commission revised its
regulations in 18 CFR 292.309-292.313 in Docket No. RM19-15-000 to
account for industry changes. These industry changes include: The
decrease in reliance on oil and natural gas, the increase of natural
gas supply due to access of shale reserves, and the decreasing costs of
renewable energy sources. Due to the modifications in the rulemaking,
the Commission revised its information collection requirements. The
Commission now collects the following information on FERC Form 912:
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    \1\ Public Law 109-58, 119 Stat. 594 (2005).
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     Sec.  292.310: An electric utility's application for the
termination of its obligation to purchase energy from a QF,
     Sec.  292.311: An affected entity or person's application
to the Commission for an order reinstating the electric utility's
obligation to purchase energy from a QF,
     Sec.  292.312: An electric utility's application for the
termination of its obligation to sell energy and capacity to QFs, and
     Sec.  292.313: An affected entity or person's application
to the Commission for an order reinstating the electric utility's
obligation to sell energy and capacity to QFs.\2\
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    \2\ 18 CFR 292.311 and 292.313.
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    Type of Respondents: Electric utilities.
    Estimate of Annual Burden: \3\ The Commission estimates the total
Public Reporting Burden and cost for this information collection as
follows:
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    \3\ 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, refer to Title 5 Code of Federal Regulations 1320.3.

   FERC-912 (IC22-9-000): Cogeneration and Small Power Production, PURPA Section 210(m) Regulations for Termination or Reinstatement of Obligation To
                                                                    Purchase or Sell
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Number of                      Average burden hours and                                  Cost per
                                    Number of     responses per   Total number    average cost per response    Total annual burden hours    respondent
                                   respondents     respondent     of responses             ($) \4\             and total annual cost ($)        ($)
                                            (1)             (2)     (1) x (2) =  (4)........................  (3) x (4) = (5)...........     (5) / (1) =
                                                                            (3)                                                                      (6)
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Termination of obligation to                 10             1.5              15  12, $1,044.................  180, $15,660..............          $1,566
 purchase.
Reinstatement of obligations to               0               0               0  0, $0......................  0, $0.....................               0
 purchase.
Termination of obligation to                  2               1               2  8, $696....................  16, $1,392................             696
 sell.
Reinstatement of obligation to                0               0               0  0, $0......................  0, $0.....................               0
 sell.
                                ------------------------------------------------------------------------------------------------------------------------
    Total......................  ..............  ..............  ..............  ...........................  196 hours, $17,052........           2,262
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    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.
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    \4\ The estimates for cost per response are derived using the
following formula: Average Burden Hours per Response * $87.00 per
Hour = Average Cost per Response. The hourly cost figure comes from
the FERC average salary ($180,702/year). Commission staff believes
the 2021 FERC average salary to be a representative wage for
industry respondents.

    Dated: March 23, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-06573 Filed 3-28-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 9, 2007 (Volume 72, Number 217)]
[Notices]
[Page 63632-63633]
[DOCID:fr09no07-98]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

    Extension: Rule 206(3)-3T, SEC File No. 270-571, OMB Control No.
3235-0630.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 350l et seq.), the Securities and Exchange
Commission (the ``Commission'') is soliciting comments on the
collections of information summarized below. The Commission plans to
submit these existing collections of information to the Office of
Management and Budget (``OMB'') for extension and approval.
    Temporary rule 206(3)-3T (17 CFR 275.206(3)-3T) under the
Investment Advisers Act of 1940 (15 U.S.C. 80b-1 et seq.) is entitled:
``Temporary rule for principal trades with certain advisory clients.''
The temporary rule provides investment advisers who are registered with
the Commission as broker-dealers an alternative means to meet the
requirements of section 206(3) of the Advisers Act (15 U.S.C. 80b-6(3))
when they act in a principal capacity in transactions with certain of
their advisory clients. The temporary rule, and its attendant paperwork
burdens, will expire and no longer be effective on December 31, 2009.
    Temporary rule 206(3)-3T permits dually-registered advisers to
satisfy the Advisers Act's principal trading restrictions by: (i)
Providing written, prospective disclosure regarding the conflicts
arising from principal trades; (ii) obtaining written, revocable
consent from the client prospectively authorizing the adviser to enter
into principal transactions; (iii) making oral or written disclosure
and obtaining the client's consent before each principal transaction;
(iv) sending to the client confirmation statements disclosing the
capacity in which the adviser has acted; and (v) delivering to the
client an annual report itemizing the principal transactions.
    Providing the information required by rule 206(3)-3T is necessary
for dually-registered advisers to obtain the benefit of the alternative
means of complying with section 206(3) of the Advisers Act. Disclosures
under the rule provide important investor protections when advisers
engage in principal trades. Clients of advisers will primarily use the
information to monitor principal trades in their accounts.
    The Commission staff estimates that approximately 380 investment
advisers make use of rule 206(3)-3T, and that on average an investment
adviser spends approximately 1,301 hours annually in complying with the
requirements of the rule. The Commission staff therefore estimates the
total annual burden of the rule's paperwork requirements to be 494,440
hours.
    Written comments are invited on: (a) Whether the collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission's estimate of the burdens
of the collections of information; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burdens of the collections of information on respondents,

including through the use of automated collection techniques or other
forms of information technology. Consideration will be given to
comments and suggestions submitted in writing within 60 days of this
publication.
    Please direct your written comments to R. Corey Booth, Director/
Chief Information Officer, Securities and Exchange Commission, C/O
Shirley Martinson 6432 General Green Way, Alexandria, Virginia 22312;
or send an e-mail to<EMAIL_ADDRESS>
     Dated: November 5, 2007.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-22006 Filed 11-8-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: October 30, 2006 (Volume 71, Number 209)]
[Notices]
[Page 63366-63367]
[DOCID:fr30oc06-137]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54641; File No. SR-BSE-2006-45]

Self-Regulatory Organizations; Boston Stock Exchange, Inc.;
Notice of Filing of Proposed Rule Change Relating to Correction of
Erroneous Cross References

 October 23, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 17, 2006, the Boston Stock Exchange Inc. (``BSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by BSE. The Exchange filed the
proposal pursuant to Section 19(b)(3)(A) of the Act,\3\ and Rule 19b-
4(f)(6) thereunder,\4\ which renders the proposed rule change effective
upon filing with the Commission.\5\ The Commission is publishing this
notice to solicit comments on the proposed rule from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
    \5\ The Exchange requested the Commission to waive the five-day
pre-filing notice requirement and the 30-day operative delay, as
specified in Rule 19b-4(f)(6)(iii). 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The BSE proposes to amend Section 3 (Designation of an Index) of
Chapter XIV of the Rules of the Boston Options Exchange, Inc. (``BOX
Rules'') to correct an erroneous cross reference and erroneous
numbering. The text of the proposed rule change is available on the
BSE's Web site (http://www.bostonstock.com), at the Exchange's

principal office and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for,

the proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The 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 is proposing several changes in Section 3 (Designation
of an Index) of Chapter XIV of the BOX Rules. This rule section
contains an erroneous cross reference to a BOX Rule and erroneous
numbering. The Exchange proposes to correct the cross reference and
numbering to reflect the correct corresponding BOX Rules so that the
Exchange's rules are accurate, comprehendible, and transparent to the
marketplace.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\6\ in general, and Section
6(b)(5) of the Act,\7\ in particular, in that it is designed to promote
just and equitable principles of trade, and to protect investors and
the public interest.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing proposed rule change does not:
    (i) Significantly affect the protection of investors or the public
interest;
    (ii) impose any significant burden on competition; and
    (iii) become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest, it
has become effective pursuant to Section 19(b)(3)(A) of the Act,\8\ and
Rule 19b-4(f)(6) thereunder.\9\ At any time within 60 days of the
filing of the proposed rule change the Commission may summarily
abrogate such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.\10\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ See 15 U.S.C. 78s(b)(3)(C).
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    A proposed rule change filed under Rule 19b-4(f)(6) \11\ does not
become operative prior to 30 days after the date of filing. However,
pursuant to Rule 19b-4(f)(6)(iii), the Commission may designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has asked the
Commission to waive the five-day pre-filing notice requirement and the
30-day operative delay.\12\ The Commission believes that such waiver is
consistent with the protection of investors and the public interest
because it would allow the BSE to correct cross references and
numbering in BOX rules and ensure that its rule book accurately
reflects its rules. For this reason, the Commission designates the
proposed rule change to be effective upon filing with the
Commission.\13\
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of accelerating the operative date of
this proposal, the Commission has considered the rule's impact on
efficiency, competition and capital formation. 15 U.S.C. 78c(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov.
[fxsp0]/rules/[fxsp0]sro.shtml); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-BSE-2006-45 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M.
Morris,Secretary, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-BSE-2006-45. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/[fxsp0
]rules/[fxsp0]sro.shtml). Copies of the submission, all

subsequent amendments, all written statements with respect to the
proposed rule change that are filed with the Commission, and all
written communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for inspection and copying in the Commission's Public
Reference Room. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BSE-2006-45 and should be
submitted on or before November 20, 2006.
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    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
Nancy M. Morris,
Secretary.
 [FR Doc. E6-18080 Filed 10-27-06; 8:45 am]

BILLING CODE 8011-01-P


two years prior to the operative date of the proposed rule change would
be qualified to register in the proposed corresponding registration
categories without having to take any additional examinations.
N. Associated Persons Exempt From Registration (Proposed Rules 1230 and
1230.01)
    Rule 1060(a) currently provides that the following persons
associated with a member are not required to register:
    (1) Persons associated with a member whose functions are solely and
exclusively clerical or ministerial;
    (2) persons associated with a member who are not actively engaged
in the investment banking or securities business;
    (3) persons associated with a member whose functions are related
solely and exclusively to the member's need for nominal corporate
officers or for capital participation; and
    (4) persons associated with a member whose functions are related
solely and exclusively to: (A) Effecting transactions on the floor of
another national securities exchange and who are registered as floor
members with such exchange; (B) transactions in municipal securities;
(C) transactions in commodities; (D) transactions in security futures,
provided that any such person is registered with FINRA or a registered
futures association; or (E) transactions in variable contracts and
insurance premium funding programs and other contracts issued by an
insurance company; (F) transactions in

direct participation programs; (G) Reserved; (H) transactions in
government securities; or (I) effecting sales as part of a primary
offering of securities not involving a public offering pursuant to
Section 3(b), 4(2), or 4(6) of the Securities Act of 1933 and the rules
and regulations thereunder.
    (5) Persons associated with a member that are not citizens,
nationals, or residents of the United States or any of its territories
or possessions and that will conduct all of their securities activities
in areas outside the jurisdiction of the United States and will not
engage in any securities activities with or for any citizen, national
or resident of the United States.
    Rule 1060(a) is not meant to provide an exclusive or exhaustive
list of exemptions from registration. Associated persons may otherwise
be exempt from registration based on their activities and functions.
    The Exchange is proposing to adopt Rule 1060(a) as Rule 1230
subject to the following changes. As noted above, Rule 1060(a) exempts
from registration those associated persons who are not actively engaged
in the investment banking or securities business. Rule 1060(a) also
exempts from registration those associated persons whose functions are
related solely and exclusively to a member's need for nominal corporate
officers or for capital participation.\74\ The Exchange believes that
the determination of whether an associated person is required to
register must be based on an analysis of the person's activities and
functions in the context of the various registration categories. The
Exchange does not believe that categorical exemptions for associated
persons who are not ``actively engaged'' in a member's investment
banking or securities business, associated persons whose functions are
related only to a member's need for nominal corporate officers or
associated persons whose functions are related only to a member's need
for capital participation is consistent with this analytical framework.
The Exchange therefore is proposing to delete these exemptions. Rule
1060(a) further exempts from registration associated persons whose
functions are related solely and exclusively to effecting transactions
on the floor of another national securities exchange as long as they
are registered as floor members with such exchange. Because exchanges
have registration categories other than the floor member category,
proposed Rule 1230 clarifies that the exemption applies to associated
persons solely and exclusively effecting transactions on the floor of
another national securities exchange, provided they are appropriately
registered with such exchange.\75\ Additionally, the Exchange proposes
to add Section 3 of Rule 1230, pursuant to which persons associated
with a member that are not citizens, nationals, or residents of the
United States or any of its territories or possessions, that will
conduct all of their securities activities in areas outside the
jurisdiction of the United States, and that will not engage in any
securities activities with or for any citizen, national or resident of
the United States need not register with the Exchange.\76\
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    \74\ These exemptions generally apply to associated persons who
are corporate officers of a member in name only to meet specific
corporate legal obligations or who only provide capital for a
member, but have no other role in a member's business.
    \75\ Proposed Rule 1230 differs from FINRA Rule 1230 in that it
contains a number of additional exemptions, based upon current
Nasdaq Rule 1060(a), which are not included in FINRA Rule 1230.
    \76\ Individuals described by Section 3 of Rule 1230 who are
associated with FINRA members may be registered with FINRA as
Foreign Associates pursuant to FINRA Rule 1220.06. FINRA is
eliminating this registration category effective October 1, 2018,
and the Exchange has never recognized it.
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    The Exchange proposes to adopt Rule 1230.01 to clarify that the
function of accepting customer orders is not considered a clerical or
ministerial function and that associated persons who accept customer
orders under any circumstances are required to be appropriately
registered. However, the proposed rule provides that an associated
person is not accepting a customer order where occasionally, when an
appropriately registered person is unavailable, the associated person
transcribes the order details and the registered person contacts the
customer to confirm the order details before entering the order.
O. Changes to CE Requirements (Proposed Rule 1240)
    As described above, current Rule 1120 includes a Regulatory Element
and a Firm Element. The Regulatory Element applies to registered
persons and consists of periodic computer-based training on regulatory,
compliance, ethical, supervisory subjects and sales practice standards.
The Firm Element consists of at least annual, member-developed and
administered training programs designed to keep covered registered
persons current regarding securities products, services and strategies
offered by the member. The Exchange is proposing to delete Rule 1120
and replace it with Rule 1240. Proposed Rule 1240 would differ from
current Rule 1120 in a number of respects, discussed below.\77\
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    \77\ Proposed Rule 1240 also differs slightly from FINRA Rule
1240 in that it omits references to certain registration categories
which the Exchange does not recognize as well as an internal cross
reference to FINRA Rule 4517.
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1. Regulatory Element
    The Exchange is proposing to replace the term ``registered person''
under current Rule 1120(a) with the term ``covered person'' and make
conforming changes to proposed Rule 1240(a). For purposes of the
Regulatory Element, the Exchange is proposing to define the term
``covered person'' in Rule 1240(a)(5) as any person registered pursuant
to proposed Rule 1210, including any person who is permissively
registered pursuant to proposed Rule 1210.02, and any person who is
designated as eligible for an FSA waiver pursuant to proposed Rule
1210.09. The purpose of this change is to ensure that all registered
persons, including those with permissive registrations, keep their
knowledge of the securities industry current. The inclusion of persons
designated as eligible for an FSA waiver under the term ``covered
persons'' corresponds to the requirements of proposed Rule 1210.09. In
addition, consistent with proposed Rule 1210.09, proposed Rule 1240(a)
provides that an FSA-eligible person would be subject to a Regulatory
Element program that correlates to his or her most recent registration
category, and CE would be based on the same cycle had the individual
remained registered. The proposed rule also provides that if an FSA-
eligible person fails to complete the Regulatory Element during the
prescribed time frames, he or she would lose FSA eligibility.
    Further, the Exchange is proposing to add a rule to address the
impact of failing to complete the Regulatory Element on a registered
person's activities and compensation. Specifically, proposed Rule
1240(a)(2) provides that any person whose registration has been deemed
inactive under the rule may not accept or solicit business or receive
any compensation for the purchase or sale of securities. However, like
the FINRA rule, the proposed rule provides that such person may receive
trail or residual commissions resulting from transactions completed
before the inactive status, unless the member with which the person is
associated has a policy prohibiting such trail or residual commissions.
    The Exchange is also proposing to remove the requirements currently
found in Rule 1120(a)(1) prescribing the

specific Regulatory Elements administered by FINRA that are required
for General Securities Representatives, Securities Traders or persons
registered in a supervisory capacity, so that Rule 1240(a)(1) will
conform more closely to the FINRA counterpart rule which does not
identify specific Regulatory Element requirements for particular
categories of registrant.
2. Firm Element
    The Exchange believes that training in ethics and professional
responsibility should apply to all covered registered persons.
Therefore, proposed Rule 1240(b)(2)(B), which provides that the Firm
Element training programs must cover applicable regulatory
requirements, would also require that a firm's training program cover
training in ethics and professional responsibility.
P. Electronic Filing Rules
    Existing Rule 1140, Electronic Filing Requirements for Uniform
Forms, is proposed to be relocated as Rule 1250, Electronic
Requirements for Uniform Forms, with non-substantive conforming
changes. As revised the rule provides that all forms required to be
filed under the Exchange's registration rules including the Rule 1200
series shall be filed through an electronic process or such other
process as the Exchange may prescribe to the Central Registration
Depository. Rule 1250, as part of the uniform 1200 Series, will
consolidate Form U4 and U5 electronic filing requirements in a single
location, across the Nasdaq Affiliated Exchanges.
Q. Other Rules
    The Exchange is deleting Rule 1060, Persons Exempt from
Registration, as explained above. Rule 1060(b) however, contains
provisions dealing with Nonregistered Foreign ``Finders'' and is simply
being relocated with non-substantive changes to new Rule 2040.\78\ The
remaining rules identified above under ``Overview'' which are to be
amended in this proposed rule change but are not further discussed
herein simply update citations and/or make technical or non-substantive
changes to the proposed new rules.
---------------------------------------------------------------------------

    \78\ The FINRA counterpart to current Rule 1060(b) occupies a
similar location in the FINRA rulebook. See FINRA Rule 2040(c),
Nonregistered Foreign Finders.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\79\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\80\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest.
---------------------------------------------------------------------------

    \79\ 15 U.S.C. 78f(b).
    \80\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change will
streamline, and bring consistency and uniformity to, the registration
rules, which will, in turn, assist members and their associated persons
in complying with these rules and improve regulatory efficiency. The
proposed rule change will also improve the efficiency of the
examination program, without compromising the qualification standards,
by eliminating duplicative testing of general securities knowledge on
examinations and by removing examinations that currently have limited
utility. In addition, the proposed rule change will expand the scope of
permissive registrations, which, among other things, will allow members
to develop a depth of associated persons with registrations to respond
to unanticipated personnel changes and will encourage greater
regulatory understanding. Further, the proposed rule change will
provide a more streamlined and effective waiver process for individuals
working for a financial services industry affiliate of a member, and it
will require such individuals to maintain specified levels of
competence and knowledge while working in areas ancillary to the
securities business. The proposed rule change will improve the
supervisory structure of firms by imposing an experience requirement
for representatives that are designated by firms to function as
principals for a 120-day period before having to pass an appropriate
principal qualification examination. The proposed rule change will also
prohibit unregistered persons from accepting customer orders under any
circumstances, which will enhance investor protection.
    The Exchange believes that, with the introduction of the SIE and
expansion of the pool of individuals who are eligible to take the SIE,
the proposed rule change has the potential of enhancing the pool of
prospective securities industry professionals by introducing them to
securities laws, rules and regulations and appropriate conduct before
they join the industry in a registered capacity.
    The extension of the Securities Trader registration requirement to
developers of algorithmic trading strategies requires associated
persons primarily responsible for the design, development or
significant modification of an algorithmic trading strategy or
responsible for the day-to-day supervision or direction of such
activities to register and meet a minimum standard of knowledge
regarding the securities rules and regulations applicable to the member
employing the algorithmic trading strategy. This minimum standard of
knowledge is identical to the standard of knowledge currently
applicable to traditional securities traders. The Exchange believes
that improved education of firm personnel may reduce the potential for
problematic market conduct and manipulative trading activity.
    Finally, the proposed rule change makes organizational changes to
Exchange rules to maintain appropriate parallelism with corresponding
Exchange rules, in order to prevent unnecessary regulatory burdens and
promote efficient administration of the rules. The change also makes
minor updates and corrections to the Exchange's rules which improve
readability.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change is
designed to ensure that all associated persons of members engaged in a
securities business are, and will continue to be, properly trained and
qualified to perform their functions, will be supervised, and can be
identified by regulators. The proposed new 1200 Series of rules, which
are similar in many respects to the registration-related requirements
adopted by FINRA effective October 1, 2018, should enhance the ability
of member firms to comply with the Exchange's rules as well as with the
Federal securities laws. Additionally, as described above, the Exchange
intends the amendments described herein to eliminate inconsistent
registration-related requirements across the Nasdaq Affiliated
Exchanges, thereby promoting uniformity of regulation across markets.
The new 1200 Series should in fact remove administrative burdens that
currently exist for members seeking to register associated persons on
multiple Nasdaq Affiliated Exchanges featuring varying registration-
related requirements. Additionally, all similarly-situated associated
persons of

members will be treated similarly under the new 1200 Series in terms of
standards of training, experience and competence for persons associated
with Exchange members.
    With respect to registration of developers of algorithmic trading
strategies in particular, the Exchange recognizes that the proposal
would impose costs on member firms employing associated persons engaged
in the activity subject to the registration requirement. Specifically,
among other things, additional associated persons would be required to
become registered under the proposal, and the firm would need to
establish policies and procedures to monitor compliance with the
proposed requirement on an ongoing basis. However, given the prevalence
and importance of algorithmic trading strategies in today's markets,
the Exchange believes that associated persons engaged in the activities
covered by this proposal must meet a minimum standard of knowledge
regarding the applicable securities rules and regulations. To mitigate
the costs imposed on member firms, the proposed rule change limits the
scope of registration requirement by excluding technological or
development support personnel who are not primarily responsible for the
covered activities. It also excludes supervisors who are not
responsible for the ``day-to-day'' supervision or direction of the
covered activities.

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

    No written comments were either solicited or received.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder.
    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days from the date of filing. However, Rule
19b-4(f)(6)(iii) \81\ permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange has asked the Commission to waive the
30-day operative delay so that the proposal may become operative on
October 1, 2018 to coincide with the effective date of FINRA's proposed
rule change on which the proposal is based.\82\ The waiver of the
operative delay would make the Exchange's qualification requirements
consistent with those of FINRA, as of October 1, 2018. Therefore, the
Commission believes that the waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest and
hereby waives the 30-day operative delay and designates the proposal
operative on October 1, 2018.\83\
---------------------------------------------------------------------------

    \81\ 17 CFR 240.19b-4(f)(6)(iii).
    \82\ See supra note 5.
    \83\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \84\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \84\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NASDAQ-2018-078 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2018-078. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NASDAQ-2018-078, and should be submitted
on or before November 5, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\85\
---------------------------------------------------------------------------

    \85\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-22295 Filed 10-12-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Notices]
[Page 18542]
[FR Doc No: 2011-7780]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13124-002]

Copper Valley Electric Association; Notice of Scoping Document 2
and Soliciting Scoping Comments for an Oirginal Application for License

    a. Type of Application: Original License Application.
    b. Project No.: 13124-002.
    c. Applicant: Copper Valley Electric Association (Copper Valley)
    d. Name of Project: Allison Creek Project.
    e. Location: On the south side of Port Valdez, on the shore
opposite from the community of Valdez, Alaska, near the Alyeska Marine
Terminal and the terminus of the Trans Alaska Pipeline System (TAPS) in
Township 9 South, Range 6 West, Seward Meridian, Alaska.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    g. Applicant Contact: Robert A. Wilkinson, CEO, Copper Valley
Electric Association, P.O. Box 45, Mile 187 Glenn Highway, Glennallen,
Alaska 99588,<PHONE_NUMBER><EMAIL_ADDRESS>    h. FERC Contact: Kim A. Nguyen, phone<PHONE_NUMBER>; e-mail at
<EMAIL_ADDRESS>    i. Deadline for filing scoping comments: April 27, 2011. All
documents may be filed electronically via the Internet. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
at http://www.ferc.gov/docs-filing/efiling.asp. If unable to be filed
electronically, documents may be paper-filed. To paper-file, an
original and seven copies should be mailed to: Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426. Commenters can submit brief comments up to 6,000 characters,
without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and
contact information at the end of your comments. Please include the
project number (P-13124-002) on any comments filed.
    j. The proposed project would consist of: (1) A 100-foot by 10-foot
diversion structure on Allison Creek; (2) a 7,600-foot-long, 42-inch-
diameter buried/above-ground steel pipeline; (3) a 40-foot by 40-foot
powerhouse; (4) two 6,500 kilowatt Pelton turbines; (5) a 150-foot-long
tailrace; (6) a switchyard; (7) 3.8-mile-long, 34.5 kilovolt
transmission line; and (8) appurtenant facilities.
    k. On April 7, 2010, Copper Valley filed a Notice of Intent (NOI)
to file an application for an original license and requested to use the
Commission's Alternative Licensing Process (ALP, which was granted on
June 7, 2010. On April 13, 2010, Copper Valley filed a Pre-Application
Document (PAD) including a Preliminary Draft Environmental Assessment
(PDEA) for the project. Since the filing of the PAD and PDEA, Copper
Valley has proposed changes to the project design and has filed a
Scoping Document 2 (SD2) describing these modifications and changes to
the proposed project. Therefore, we are noticing SD2 and soliciting
comments on this new proposal. Under the ALP, Copper Valley plans to
file a draft License Application for review and comments in early May
2011, with the final License Application to follow by August 31, 2011.
    l. SD2 is available for inspection and reproduction at the
Commission's Public Reference Room, located at 888 First Street, NE.,
Room 2A, Washington, DC 20426, or by calling<PHONE_NUMBER>. This
filing may also be viewed on the Commission's Web site at http://www.ferc.gov/docs-filing/efiling.asp. Enter the docket number excluding
the last three digits in the docket number field to access the
document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
call 1-866-208-3676 or e-mail<EMAIL_ADDRESS>for TTY, call
(202) 502-8659. A copy is also available for inspection and
reproduction at the address above.

    Dated: March 28, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-7780 Filed 4-1-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Notices]
[Page 62510]
[FR Doc No: 2012-25271]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER13-17-000]

Niagara Wind Power, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding,
of Niagara Wind Power, LLC's application for market-based rate
authority, with an accompanying rate schedule, noting that such
application includes a request for blanket authorization, under 18 CFR
Part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR Part 34, of future issuances of securities and assumptions of
liability is October 25, 2012.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 5, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-25271 Filed 10-12-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 233 (Monday, December 5, 2011)]
[Notices]
[Pages 75942-75943]
[FR Doc No: 2011-31151]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-6480; FMCSA-1999-5578; FMCSA-2001-10578; FMCSA-
2002-11426; FMCSA-2005-21254; FMCSA-2005-21711; FMCSA-2005-22194;
FMCSA-2007-27897; FMCSA-2007-29019; FMCSA-2009-0154]

Qualification of Drivers; Exemption Applications; Vision

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

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

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

SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
28 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective December 27, 2011. Comments must be
received on or before January 4, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: FMCSA-1999-6480; FMCSA-1999-5578;
FMCSA-2001-10578; FMCSA-2002-11426; FMCSA-2005-21254; FMCSA-2005-21711;
FMCSA-2005-22194; FMCSA-2007-27897; FMCSA-2007-29019; FMCSA-2009-0154,
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays.
     Fax: 1--(202) 493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the 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.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-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 procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 28 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 28 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Anthony Brandano (MA)
William R. Braun (NM)
Stanley E. Elliott (UT)
Elmer E. Gockley (PA)
Danny R. Gray (OK)
Glenn T. Hehner (KY)
William W. Hodgins (WI)
Edward E. Hooker (NC)
Vladimir M. Kats (NC)
Alfred Keehn (AZ)
Martin D. Keough (NY)
Randall B. Laminack (TX)
Robert W. Lantis (MT)
James A. Lenhart (WV)
Jerry J. Lord (PA)
Raymond P. Madron (MD)
Michael S. Maki (MN)
Ronald S. Mallory (OK)
Eldon Miles (IN)
Norman V. Myers (WA)
Jack E. Potts, Jr. (PA)
Neal A. Richard (LA)
John E. Rogstad (WI)
Benny R. Toothman (PA)
Rene R. Trachsel (OR)
Stanley W. Tyler, Jr. (NC)
Kendle F. Waggle, Jr. (IN)
DeWayne Washington (NC).

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 28 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (64 FR 27027; 64 FR 51568;64 FR 68195; 65 FR 20251; 66 FR
48504; 66 FR 53826; 66 FR 63289; 66 FR 66966; 67 FR 10471; 67 FR 19798;
68 FR 54775;68 FR 64944; 68 FR 69434; 69 FR 19611; 70 FR 30999; 70 FR
46567; 70 FR 48797; 70 FR 53412; 70 FR 57353; 70 FR 61493; 70 FR 67776;
70 FR 72689; 70 FR 74102; 72 FR 39879; 72 FR 52422; 72 FR 58362; 72 FR
62896; 72 FR 62897; 72 FR 67344; 74 FR 37295; 74 FR 43217; 74 FR 43222;
74 FR 48343; 74 FR 49069; 74 FR 57551; 74 FR 60021). Each of these 28
applicants has requested renewal of the exemption and has submitted
evidence showing that the vision in the better eye continues to meet
the requirement specified at 49 CFR 391.41(b)(10) and that the vision
impairment is stable. In addition, a review of each record of safety
while driving with the respective vision deficiencies over the past two
years indicates each applicant continues to meet the vision exemption
requirements. These factors provide an adequate basis for predicting
each driver's ability to continue to drive safely in interstate
commerce. Therefore, FMCSA concludes that extending the exemption for
each renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by January 4, 2012.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 28 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

    Issued on: November 28, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-31151 Filed 12-2-11; 8:45 am]
BILLING CODE 4910-EX-P