[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Rules and Regulations]
[Page 29073]
[FR Doc No: 2019-13206]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0315]

Safety Zone; Lower Mississippi River, New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a temporary safety zone for a
fireworks display located on the navigable waters of the Lower
Mississippi River between Mile Marker (MM) 94.3 and MM 95.3. This
action is needed to provide for the safety of life on these navigable
waterways during this event. During the enforcement period, the
operator of any vessel in the safety zone must comply with directions
from the Captain of the Port Sector New Orleans or a designated
representative.

DATES: The regulations in 33 CFR 165.801, Table 5, Line 3 will be
enforced from 8:30 p.m. through 9:30 p.m. on July 4, 2019.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Lieutenant Commander Benjamin
Morgan, Sector New Orleans, U.S. Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a temporary
safety zone in 33 CFR 165.801, Table 5, line 3, for the Riverfront
Marketing Group Independence Day celebration fireworks display event.
This regulation will be enforced from 8:30 p.m. through 9:30 p.m. on
July 4, 2019. This action is needed to provide for the safety of life
on these navigable waterways during this event. Our regulation for
marine events within the Eighth Coast Guard District, 33 CFR 165.801,
specifies the location of the regulated area on the Lower Mississippi
River, between Mile Marker (MM) 94.3 and MM 95.3. During the
enforcement period, as reflected in Sec.  165.801, if you are the
operator of a vessel in the temporary 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 Broadcast Notice to Mariners.

    Dated: June 17, 2019.
W.E. Watson,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector New
Orleans.
[FR Doc. 2019-13206 Filed 6-20-19; 8:45 am]
 BILLING CODE 9110-04-P


 HOMEBRIEFING ROOM
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The White House
Office of the Press Secretary
For Immediate Release
                                                                 March 10, 2016
U.S.-Canada Joint Statement on Climate, Energy, and Arctic Leadership
President Barack Obama and Prime Minister Justin Trudeau share a common vision of a prosperous and sustainable North American economy, and the opportunities afforded by advancing clean growth.  They emphasize and embrace the special relationship between the two countries and their history of close collaboration on energy development, environmental protection, and Arctic leadership.  The two leaders regard the Paris Agreement as a turning point in global efforts to combat climate change and anchor economic growth in clean development.  They resolve that the United States and Canada must and will play a leadership role internationally in the low carbon global economy over the coming decades, including through science-based steps to protect the Arctic and its peoples. Canada and the U.S. will continue to respect and promote the rights of Indigenous peoples in all climate change decision making. Furthermore, the leaders emphasize the importance of the U.S. and Canada continuing to cooperate closely with Mexico on climate and energy action and commit to strengthen a comprehensive and enduring North American climate and energy partnership.
Implementing the Paris Agreement
Canada and the U.S. will work together to implement the historic Paris Agreement, and commit to join and sign the Agreement as soon as feasible.  As we implement our respective Intended Nationally Determined Contributions (INDCs), the leaders also commit to, in 2016, completing mid-century, long-term low greenhouse gas emission development strategies pursuant to the Paris Agreement and encouraging this approach with members of the G-20.
Canada and the U.S. will work with developing country partners to assist in implementation of their INDCs and strengthening their adaptation efforts.  Both countries will strive to enhance the effectiveness of adaptation assistance by coordinating support for adaptation planning and action through the National Adaptation Plans Global Network.  The leaders also commit to working closely to promote the full implementation of the enhanced transparency framework with common modalities, procedures and guidelines under the Paris Agreement.  They affirm their support for the new Capacity Building Initiative for Transparency, designed to enhance institutional and technical capacity to meet transparency requirements.
Recognizing the role that carbon markets can play in helping countries achieve their climate targets while also driving low-carbon innovation, both countries commit to work together to support robust implementation of the carbon markets-related provisions of the Paris Agreement.  The federal governments, together and in close communication with states, provinces and territories, will explore options for ensuring the environmental integrity of transferred units, in particular to inform strong INDC accounting and efforts to avoid "double-counting" of emission reductions.  They will also encourage sub-national governments to share lessons learned about the design of effective carbon pricing systems and supportive policies and measures.  The countries will expand their collaboration in this area over time.
Coordinated domestic climate action
Building on a history of working together to reduce air emissions, Canada and the U.S., commit to take action to reduce methane emissions from the oil and gas sector, the world's largest industrial methane source, in support of achieving our respective international climate change commitments. To set us on an ambitious and achievable path, the leaders commit to reduce methane emissions by 40-45 percent below 2012 levels by 2025 from the oil and gas sector, and explore new opportunities for additional methane reductions. The leaders also invite other countries to join the target or develop their own methane reduction goal. To achieve this target, both countries commit to:

 Regulate existing sources of methane emissions in the oil and gas sector:
     Ø  The U.S. Environmental Protection Agency (EPA) will begin developing regulations for methane emissions from existing oil and gas sources immediately and will move as expeditiously as possible to complete this process. Next month, EPA will start a formal process to require companies operating existing methane emissions sources to provide information to assist in development of comprehensive standards to decrease methane emissions.
     Ø  Environment and Climate Change Canada will also regulate methane emissions from new and existing oil and gas sources. Environment and Climate Change Canada will move, as expeditiously as possible, to put in place national regulations in collaboration with provinces/territories, Indigenous Peoples and stakeholders. Environment and Climate Change Canada intends to publish an initial phase of proposed regulations by early 2017.
 Work collaboratively on federal measures to reduce methane emissions: Building on the U.S.-Canada Air Quality Agreement, both countries will work collaboratively on programs, policies, and strategies, and share experiences on reducing oil and gas methane emissions as they implement their respective federal regulations, beginning this year.
 Improve data collection, transparency, and R&D and share knowledge of cost-effective methane reduction technologies and practices: To ensure our actions are based on the best available data and technology, Canada and the U.S. will work together to improve methane data collection and emissions quantification, and transparency of emissions reporting in North America, and share knowledge of cost-effective methane reduction technologies and practices.
 Jointly endorse the World Bank's Zero Routine Flaring by 2030 Initiative: Reflecting their increasing concern about the climate, environment, and energy security impacts of oil and gas flaring, particularly in sensitive regions such as the Arctic, the U.S. and Canada commit to jointly endorse the World Bank's Zero Routine Flaring by 2030 Initiative, and report annually on progress.
Both Canada and the U.S. affirm their commitment to reduce use and emissions of hydrofluorocarbons (HFCs) using their respective domestic frameworks and will propose new actions in 2016.  Canada and the U.S. are both demonstrating leadership by updating their public procurement processes to transition away from high global warming potential HFCs, whenever feasible, through government purchase of more sustainable and greener equipment and products.
Recognizing the excellent collaboration between Canada and the U.S. to establish world-class, aligned regulations and programs to improve the fuel efficiency and reduce greenhouse gas and air pollutant emissions from on-road vehicles, the leaders reaffirm their commitment to continue this strong collaboration towards the finalization and implementation of a second phase of aligned greenhouse gas emission standards for post-2018 model year on-road heavy-duty vehicles.  The two countries are currently implementing aligned requirements for greenhouse gas emission standards for cars and light trucks and the leaders commit to continue close collaboration in conducting mid-term evaluations of the applicable standards for the 2022-2025 model years to ensure further acceleration of the improvement of vehicle efficiency and zero emission technologies
Given the integrated nature of many aspects of the U.S. and Canadian economies, alignment of analytical methods for assessing and communicating the impact of direct and indirect GHG emissions of major projects, and of measures to reduce those emissions, can be mutually beneficial.  Canada and the U.S. will align approaches, reflecting the best available science for accounting for the broad costs to society of the GHG emissions that will be avoided by mitigation measures, including using similar values for the social cost of carbon and other GHGs for assessing the benefits of regulatory measures.
Advancing climate action globally
Beyond the Paris Agreement and areas of coordinated domestic climate action, President Obama and Prime Minister Trudeau underline the important opportunities to make further progress on climate action globally.
The U.S. and Canada affirm their commitment to adopt a Montreal Protocol HFC phasedown amendment in 2016, and upon adoption to provide increased financial support to the Protocol's Multilateral Fund to help developing countries implement a phase-down. The U.S. and Canada will continue to support a range of activities that promote alternatives to high global warming potential HFCs and promote greener technologies, including in those countries facing challenges such as high ambient temperatures.
The leaders express their strong commitment to work together and through the International Civil Aviation Organization (ICAO) to reduce emissions from international aviation by fostering technological and operational advancements, implementing the new carbon standard for airplanes, and adopting in 2016 a carbon offset measure that will allow for carbon neutral growth from international civil aviation.  They encourage world leaders to join them in supporting adoption of the carbon offset measure at ICAO's fall 2016 Assembly.
The leaders will also work together and with other countries to encourage robust leader-level G-20 commitments to improve the environmental performance of heavy-duty vehicles, including through the implementation of stringent domestic regulations on fuel efficiency and/or greenhouse gas emissions, air pollutant emissions and low-sulphur fuels and green freight programs. They will also pursue G-20 commitments to reduce emissions of methane, including through private sector commitments and voluntary mechanisms such as the Oil and Gas Methane Partnership.
Recognizing the particular impact of climate change on countries already dealing with conflict and fragility, the leaders commit to addressing the intersection of climate change and security as an issue for foreign, defense, and development policies. Through the G-7 working group on climate and security and elsewhere, both sides will work together to support sound analysis, practical recommendations, and meaningful cooperation to address climate-fragility risks.
Cooperation on clean energy
Building on the strong and ongoing efforts by energy ministers under institutional arrangements such as the Canada-U.S. bilateral framework on energy cooperation, the North American Energy Ministers' recent understanding on Climate Change and Energy Cooperation, Mission Innovation, the Clean Energy Ministerial, and the Regulatory Cooperation Council, the leaders reaffirm their commitment to working together to strengthen North American energy security, phase out fossil fuel subsidies, accelerate clean energy development to address climate change and to foster sustainable energy development and economic growth.  Specifically, the leaders pledge to enhance efforts in the following areas:
 Facilitate the integration of renewables on our interconnected grids: jointly study, identify, and implement options for broad integration, including how to bring more wind, solar, hydro and other renewable energy online.
 Align energy efficiency standards and expand shared labeling programs: better align and further improve appliance and equipment efficiency standards by 2020 and expand cooperation on the ENERGY STAR program.
 Accelerate clean energy and clean technology innovation: leverage participation in Mission Innovation, and strengthen collaboration on clean energy research and development for: reducing methane emissions; improving electrical grids; accelerating electric vehicle development and integration; unconventional oil and gas; carbon capture, use and storage; and, new cutting-edge technologies.
 Advance global efforts to accelerate clean energy: partner to help to lead important multi-lateral efforts such as Mission Innovation and the Clean Energy Ministerial and its initiatives.
 Develop a joint U.S.-Canadian strategy for strengthening the security and resilience of the North American electricity grid: work together to strengthen the security and resilience of the electric grid, including against the growing threat from cyber-attacks and climate change impacts.
A shared Arctic leadership model
Beyond deepening cooperation to reduce greenhouse gas emissions  -  which will have an outsized impact on the long-term health of the global Arctic  -  President Obama and Prime Minister Trudeau are announcing a new partnership to embrace the opportunities and to confront the challenges in the changing Arctic, with Indigenous and Northern partnerships, and responsible, science-based leadership. Arctic communities rest on the territories of Indigenous peoples, who possess a wealth of knowledge, distinct ways of life, and a richness of cultural diversity. It is home to natural marine, land and air migrations that know no borders. It is also the frontline of climate change. Acting for a shared future, we call on all Arctic nations and those with Arctic interests to embrace a new future for Arctic leadership, with our four objectives:
Conserving Arctic biodiversity through science-based decision making.Canada and the U.S. re-affirm our national goals of protecting at least 17% of land areas and 10% of marine areas by 2020. We will take concrete steps to achieve and substantially surpass these national goals in the coming years. Specifically, we will work directly with Indigenous partners, state, territorial and provincial governments to establish this year a new, ambitious conservation goal for the Arctic based on the best available climate science and knowledge, Indigenous and non-Indigenous alike. We will also play a leadership role in engaging all Arctic nations to develop a pan-Arctic marine protection area network.
Incorporating Indigenous science and traditional knowledge into decision-making. Canada and the U.S. are committed to collaborating with Indigenous and Arctic governments, leaders, and communities to more broadly and respectfully include Indigenous science and traditional knowledge into decision making, including in environmental assessments, resource management, and advancing our understanding of climate change and how best to manage its effects.
Building a sustainable Arctic economy. We confirm that for commercial activities in the Arctic - including shipping, fishing, and oil and gas exploration and development - we will set a world-class standard by basing development decisions and operations on scientific evidence. Further, commercial activities will occur only when the highest safety and environmental standards are met, including national and global climate and environmental goals, and Indigenous rights and agreements. Canada and the U.S. will work to develop this year a shared and science-based standard for considering the life-cycle impacts of commercial activities in the Arctic.
 Low impact shipping corridors: We will work together to establish consistent policies for ships operating in the region, taking into account important ecological and cultural areas, vessel traffic patterns, Indigenous and Northern Arctic input, and increased cooperation of our Coast Guards. The two countries will also work together to share assessments of navigation data quality and capacities for supporting safe and low-impact shipping in the Beaufort Sea. In addition, we will determine with Arctic partners how best to address the risks posed by heavy fuel oil use and black carbon emissions from Arctic shipping.
 Abundant Arctic fish: The leaders call for a binding international agreement to prevent the opening of unregulated fisheries in the Central Arctic Ocean to preserve living marine resources and promote scientific research in the region. Canada offers to host the next round of negotiations, to continue momentum and build on a precautionary, science-based principle to commercial fishing that both countries have put in place in their Arctic waters.
 Science-based approach to oil and gas: If oil and gas development and exploration proceeds, activities must align with science-based standards between the two nations that ensure appropriate preparation for operating in Arctic conditions, including robust and effective well control and emergency response measures.
Supporting strong Arctic communities. We commit to defining new approaches and exchanging best practices to strengthen the resilience of Arctic communities and continuing to support the well-being of Arctic residents, in particular respecting the rights and territory of Indigenous peoples. All Indigenous Peoples in the Arctic are vital to strengthening and supporting U.S. and Canadian sovereignty claims. We commit to working in partnership to implement land claims agreements to realize the social, cultural and economic potential of all Indigenous and Northern communities. With partners, we will develop and share a plan and timeline for deploying innovative renewable energy and efficiency alternatives to diesel and advance community climate change adaptation. We will do this through closer coordination among Indigenous, state, provincial, and territorial governments and the development of innovative options for housing and infrastructure. We also commit to greater action to address the serious challenges of mental wellness, education, Indigenous language, and skill development, particularly among Indigenous youth.
In moving forward, we welcome the upcoming White House Arctic Science Ministerial this fall, which will bring together Science Ministers from nations with Arctic interests, and the twentieth anniversary of the Ottawa Declaration, which established the Arctic Council in 1996. Canada and the U.S. commit to a regular bilateral dialogue to ensure progress towards the realization of these objectives, to continuing their strong cooperation on scientific work and research, and to advancing our shared Arctic leadership model through the Arctic Council.


limitations applicable to the rules related to the application for
substituted compliance.
    FINMA may order a variety of sanctions to enforce the law. The
primary goal of Swiss financial market supervision relevant to the
application is to maintain and, if necessary, restore compliance with
the law by Covered Entities. In that regard, FINMA is not empowered to
issue penalties. FINMA does have authority to: Issue declaratory
rulings, order substitution of performance by FINMA, publish
supervisory rulings, impose cease-and-desist orders, require
disgorgement of illegal profits, issue activity bans against
individuals, impose industry bans, order liquidation or bankruptcy
procedures, or revoke the license of a Covered Firm, among other
sanctions. FINMA does not return confiscated ill-gotten gains to harmed
investors; however, it takes into account remedial payments to
investors made by the Covered Firm when establishing the amount to be
confiscated. Additionally, FINMA has the right and obligation to refer
conduct to prosecuting authorities if it suspects a criminal act by a
Covered Firm. For example, insider trading and price manipulation fall
within the remit of the public prosecutor. Swiss public prosecutors are
empowered to take coercive measures, such as an asset freeze, and seek
imposition of fines and other criminal law sanctions from competent
criminal courts. FINMA is not empowered to take coercive measures.
    FINMA annually publishes its enforcement results in the aggregate.
As a general principle, it does not publish individual proceedings
unless necessary (i) for the protection of the market participants or
the supervised persons and entities, (ii) to correct false or
misleading information, or (iii) to safeguard the reputation of the
Swiss financial market. Article 34 of FINMASA permits FINMA to publish
the supervisory ruling in an individual matter in the case of a serious
violation of supervisory law. FINMA also maintains and publishes on its
website a warning list of companies and individuals who may be carrying
out unauthorized services and are not supervised by FINMA.

IX. Request for Comment

A. General Aspects of the Comparability Assessments and Proposed Order

    The Commission requests comment regarding the preliminary views and
proposed Order in connection with each of the general ``regulatory
outcome'' categories addressed above. Commenters particularly are
invited to address, among other issues, whether the relevant Swiss
provisions generally are sufficient to produce regulatory outcomes that
are comparable to the outcomes associated with requirements under the
Exchange Act, and whether the conditions and limitations of the
proposed Order would adequately address potential gaps in the relevant
regulatory outcomes or would otherwise result in any implementation or
other practical issues. The Commission also requests comment upon
whether there are additional conditions that should be added to those
in the proposed Order to produce comparable regulatory outcomes.
    Further, the Commission requests comment regarding whether the
proposed conditions and limitations guard against comparability gaps
arising from the cross-border application of Swiss requirements
(including when SBSDs conduct security-based swap business through
branches located in the United States or in third countries).
    With respect to the proposed conditions and limitations, commenters
also are invited to address any differences between Swiss regulatory
requirements and frameworks and either the German, French or UK
requirements and frameworks that formed the basis for the Commission's
conditional and proposed conditional grants of substituted compliance
in those countries.\112\ Would the responses to

any of the questions that the Commission asked in connection with the
German Notice and Proposed Order,\113\ the French Notice and Proposed
Order,\114\ the French Reopening Order,\115\ or the UK Notice and
Proposed Order \116\ differ if those questions applied to Swiss
regulatory requirements and frameworks?
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    \112\ See generally German Substituted Compliance Order, 85 FR
85686; French Substituted Compliance Order, 86 FR 41612; UK
Substituted Compliance Order, 86 FR 43318. See also German Notice
and Proposed Order, 85 FR 72726; French Notice and Proposed Order,
85 FR 85720; UK Notice and Proposed Order, 86 FR 18378.
    \113\ German Notice and Proposed Order, 85 FR at 72740.
    \114\ French Notice and Proposed Order, 85 FR 85720 at 85734.
    \115\ French Reopening Release, 86 FR 18341.
    \116\ UK Notice and Proposed Order, 86 FR at 18406.
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B. Risk Control Requirements

    The Commission requests comment regarding the proposed grant of
substituted compliance in connection with requirements under the
Exchange Act related to internal risk management systems, trade
acknowledgement and verification, portfolio reconciliation, and
portfolio compression. Commenters particularly are invited to address
the basis for substituted compliance in connection with those risk
control requirements, and the proposed conditions and limitations
connected to substituted compliance for those requirements.
    The Commission further requests comment regarding the initial
determination to not grant substituted compliance in connection with
dispute reporting and trading relationship documentation. Commenters
particularly are invited to address the basis for not providing a grant
of substituted compliance in connection with those risk control
requirements.
    With respect to all risk control requirements, commenters also are
invited to address any differences between Swiss regulatory
requirements and frameworks and either the German or French
requirements and frameworks that formed the basis for the Commission's
conditional grants of substituted compliance for those countries, or
the UK requirements and frameworks that formed the basis for the
Commission's proposed conditional grant of substituted compliance for
the UK.\117\ Would the responses to any of the questions about risk
control requirements that the Commission asked in connection with the
German Notice and Proposed Order,\118\ the French Notice and Proposed
Order,\119\ the French Reopener,\120\ or the UK Notice and Proposed
Order \121\ differ if those questions applied to Swiss regulatory
requirements and frameworks?
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    \117\ See German Substituted Compliance Order, 85 FR at 85689-
91; French Substituted Compliance Order, 86 FR at 41622-29; UK
Substituted Compliance Order, 86 FR at 43331-37. See also German
Notice and Proposed Order, 85 FR at 72730-32; French Notice and
Proposed Order, 85 FR at 85724-25; UK Notice and Proposed Order, 85
FR at 18383-85.
    \118\ German Notice and Proposed Order, 85 FR at 72740.
    \119\ French Notice and Proposed Order, 85 FR at 85734.
    \120\ French Reopening Release, 86 FR 18341.
    \121\ UK Notice and Proposed Order, 86 FR at 18406.
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C. Internal Supervision, Chief Compliance Officer and Additional
Exchange Act Section 15F(j) Requirements

    The Commission requests comment regarding the proposed grant of
substituted compliance in connection with requirements under the
Exchange Act related to internal supervision and chief compliance
officers, as well as additional Exchange Act section 15F(j)
requirements. Commenters particularly are invited to address the basis
for substituted compliance in connection with those risk control
requirements, and the proposed conditions and limitations connected to
substituted compliance for those requirements.
    With respect to internal supervision and chief compliance officer
requirements, as well as additional Exchange Act section 15F(j)
requirements, commenters also are invited to address any differences
between Swiss regulatory requirements and frameworks and either the
German or French requirements and frameworks that formed the basis for
the Commission's conditional grants of substituted compliance for those
countries, or the UK requirements and frameworks that formed the basis
for the Commission's proposed conditional grant of substituted
compliance for the UK.\122\ In addition, would the responses to any of
the questions about internal supervision or chief compliance officer
requirements, or the additional Exchange Act section 15F(j)
requirements, that the Commission asked in connection with the German
Notice and Proposed Order,\123\ the French Notice and Proposed
Order,\124\ the French Reopener,\125\ or the UK Notice and Proposed
Order \126\ differ if those questions applied to Swiss regulatory
requirements and frameworks?
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    \122\ See German Substituted Compliance Order, 85 FR at 85691-
92; French Substituted Compliance Order, 86 FR at 41639-43; UK
Substituted Compliance Order, 86 FR at 43347-43353. See also German
Notice and Proposed Order, 85 FR at 72732-34; French Notice and
Proposed Order, 85 FR at 85726-28; UK Notice and Proposed Order, 85
FR at 18389-90.
    \123\ German Notice and Proposed Order, 85 FR at 72740.
    \124\ French Notice and Proposed Order, 85 FR at 85734.
    \125\ French Reopening Release, 86 FR 18341.
    \126\ UK Notice and Proposed Order, 86 FR at 18406.
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D. Recordkeeping, Reporting, and Notification

    The Commission requests comment regarding the proposed grants of
substituted compliance in connection with requirements under the
Exchange Act related to recordkeeping, reporting, and notification, as
well as the requirement of Exchange Act section 15F(g). Commenters
particularly are invited to address the basis for substituted
compliance in connection with those requirements, and the proposed
conditions and limitations connected to substituted compliance for
those requirements. Does Swiss law taken as a whole produce regulatory
outcomes that are comparable to those of Exchange Act section 15F(g)
and Exchange Act rules 18a-5, 18a-6, 18a-7, and 18a-8? In this regard,
commenters are invited to address Swiss laws cited for each substituted
compliance determination with respect to the distinct requirements
within the recordkeeping, reporting, and notification rules (i.e., the
rules for which a more granular approach to substituted compliance is
being taken). With respect to each substituted compliance
determination, the Commission seeks comment on the following matters:
(1) Will the Swiss laws cited for the determination result in a
comparable regulatory outcome; (2) are there additional or alternative
Swiss laws that should be cited to achieve a comparable regulatory
outcome; and (3) are any of the Swiss laws cited for the determination
unnecessary to achieve a comparable regulatory outcome?
    Commenters particularly are invited to address the proposed
condition with respect to Exchange Act rule 18a-5 that the Covered
Entity: (1) Preserve all of the data elements necessary to create the
records required by Exchange Act rules 18a-5(b)(1), (2), (3), and (7);
and (2) upon request furnish promptly to representatives of the
Commission the records required by those rules. Do the relevant Swiss
laws require Covered Entities to retain the data elements necessary to
create the records required by these rules? If not, please identify
which data elements are not preserved pursuant to the relevant Swiss
laws. Further, how burdensome would it be for a Covered Entity to
format the data

elements into the records required by these rules (e.g., a blotter,
ledger, or securities record, as applicable) if the firm was requested
to do so? In what formats do Covered Entities in Switzerland produce
this information to FINMA or other Swiss authorities? How do those
formats differ from the formats required by Exchange Act rules 18a-
5(b)(1), (2), (3), and (7)?
    Is it appropriate to structure the Commission's substituted
compliance determinations in the proposed Order to provide Covered
Entities with greater flexibility to select which distinct requirements
within the broader recordkeeping, reporting, and notification rules for
which they want to apply substituted compliance? Explain why or why
not. For example, would it be more efficient for a Covered Entity to
comply with certain Exchange Act requirements within a given rule
(rather than apply substituted compliance) because it can utilize
systems that its affiliated broker-dealer has implemented to comply
with them? If so, explain why. If not, explain why not. Is it
appropriate to permit Covered Entities to take a more granular approach
to the requirements within the recordkeeping rules? For example, would
this approach make it more difficult for the Commission to get a
comprehensive understanding of the Covered Entity's security-based swap
activities and financial condition? Explain why or why not. Would it be
overly complex for the Covered Entity to administer a firm-wide
recordkeeping system under this approach? Explain why or why not.
    Certain of the Commission's recordkeeping and notification
requirements are fully or partially linked to substantive Exchange Act
requirements for which a positive substituted compliance determination
preliminarily would not be made under the proposed Order. In these
cases, should the Commission not make a positive substituted compliance
determination for the fully linked requirement in the recordkeeping or
notification rules or to the portion of the requirement that is linked
to a substantive Exchange Act requirement? In particular, should the
Commission not make a positive substituted compliance determination for
recordkeeping or notification requirements linked to the following
Exchange Act rules for which a positive substituted compliance
determination is preliminarily not being made: (1) Exchange Act rule
15Fh-4; (2) Exchange Act rule 15Fh-5; (3) Exchange Act rule 15Fh-6; (4)
Exchange Act rule 18a-4; (5) Regulation SBSR; (6) Form SBSE and its
variations; (7) Exchange Act rule 15Fh-1; (8) Exchange Act rule 15Fh-2;
and (9) Exchange Act rule 15Fi-5? If not, explain why.
    Certain of the requirements in the Commission's recordkeeping rules
are linked to substantive Exchange Act requirements where a positive
substituted compliance determination is being made under the proposed
Order. In these cases, should a positive substituted compliance
determination for the linked requirement in the recordkeeping rule be
conditioned on the Covered Entity applying substituted compliance to
the linked substantive Exchange Act requirement? If not, explain why.
Should this be the case regardless of whether the requirement is fully
or partially linked to the substantive Exchange Act requirement? If
not, explain why. In particular, should substituted compliance for
recordkeeping, reporting, and notification requirements linked to the
following Exchange Act rules be conditioned on the Covered Entity
applying substituted compliance to the linked substantive Exchange Act
rule: (1) Exchange Act rule 15Fh-3(h); (2) Exchange Act rule 15Fi-2;
(3) Exchange Act rule 15Fi-3; (4) Exchange Act rule 15Fi-4; and (5)
Exchange Act rule 15Fk-1? If not, explain why.
    Commenters also are invited to address the preliminary positive
substituted compliance determination with respect to Exchange Act rule
18a-7, which would be conditioned on the Covered Entity filing
financial and operational information with the Commission in the manner
and format specified by the Commission by order or rule. Should the
Commission require Covered Entities with a prudential regulator to file
the financial and operational information using the FOCUS Report Part
IIC? Are there line items on the FOCUS Report Part IIC that elicit
information that is not included in the reports Covered Entities with a
prudential regulator file with FINMA or other Swiss authorities? If so,
do Covered Entities with a prudential regulator record that information
in their required books and records? Please identify any information
that is elicited in the FOCUS Report Part IIC that is not: (1) Included
in the financial reports filed by Covered Entities with a prudential
regulator with FINMA or other Swiss authorities; or (2) recorded in the
books and records required of Covered Entities with a prudential
regulator. Would the answer to these questions change if references to
FFIEC Form 031 were not included in the FOCUS Report Part IIC? If so,
how? As a preliminary matter, as a condition of substituted compliance
should Covered Entities with a prudential regulator file a limited
amount of financial and operational information on the FOCUS Report
Part IIC for a period of two years to further evaluate the burden of
requiring all applicable line items to be filled out? If so, which line
items should be required? To the extent that Covered Entities with a
prudential regulator otherwise report or record information that is
responsive to the FOCUS Report Part IIC, how could the information on
this report be integrated into a database of filings the Commission or
its designee will maintain for filers of the FOCUS Report Parts IIC
(e.g., the eFOCUS system) to achieve the objective of being able to
perform cross-form analysis of information entered into the uniquely
numbered line items on the forms?
    Commenters further are invited to address any differences between
Swiss regulatory requirements and frameworks and the German, French,
and/or UK requirements and frameworks that formed the basis for the
Commission's conditional grants of substituted compliance for
recordkeeping, reporting, and notification requirements in those
countries.\127\ Would the responses to any of the questions about those
requirements that the Commission asked in connection with the German,
French, and/or UK notices and proposed orders differ if those questions
applied to Swiss regulatory requirements and frameworks?
---------------------------------------------------------------------------

    127\\ See German Substituted Compliance Order, 85 FR at 85695-
97; French Substituted Compliance Order, 86 FR at 41648-57; UK
Substituted Compliance Order, 86 FR at 43359-69.
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E. Supervisory and Enforcement Issues

    The Commission further requests comment regarding how to weigh
considerations regarding supervisory and enforcement effectiveness in
Switzerland as part of the comparability assessments. Commenters
particularly are invited to address relevant issues regarding the
effectiveness of Swiss supervision and enforcement over firms that may
register with the Commission as SBSDs, including but not limited to
issues regarding:
     Swiss supervisory and enforcement authority, supervisory
inspection practices and the use of alternative supervisory tools, and
enforcement tools and practices;
     Swiss supervisory and enforcement effectiveness with
respect to derivatives such as security-based swaps; and
     Swiss supervision and enforcement in the cross-border
context (e.g., any differences between the oversight of firms'
businesses within Switzerland

and the oversight of activities and branches outside of Switzerland,
including within the United States).
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\128\
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    \128\ 17 CFR 200.30-3(a)(89).

J. Matthew DeLesDernier,
Assistant Secretary.

Attachment A

    It is hereby determined and ordered, pursuant to rule 3a71-6 under
the Exchange Act, that a Covered Entity (as defined in paragraph (e)(1)
of this Order) may satisfy the requirements under the Exchange Act that
are addressed in paragraphs (b) through (d) of this Order so long as
the Covered Entity is subject to and complies with relevant
requirements of the Swiss Confederation and with the conditions to this
Order, as amended or superseded from time to time.

(a) General conditions.

    This Order is subject to the following general conditions, in
addition to the conditions specified in paragraphs (b) through (d):
    (1) Security-based swaps and transactions as ``derivatives'' or
``derivative transactions.'' For each condition in paragraphs (b)
through (d) of this Order that requires the application of, and the
Covered Entity's compliance with, provisions of FinMIA and FMIO, the
relevant security-based swaps and security-based swap transactions are
``derivatives'' and/or ``derivative transactions'' for purposes of
FinMIA article 2(c), or otherwise are described by the relevant
language of that provision.
    (2) ``Counterparty'' status. For each condition in paragraph (b)
through (d) of this Order that requires the application of, and the
Covered Entity's compliance with, the provisions of FinMIA and FMIO,
the Covered Entity complies with the applicable conditions of the Order
regardless of the Covered Entity's counterparty is a ``counterparty''
for purposes of FinMIA article 93, or otherwise is described by the
relevant language of that provision.
    (3) Counterparty's status as ``company.'' For each condition in
paragraph (b) through (d) of this Order that requires the application
of, and the Covered Entity's compliance with, the provisions of FMIO,
the Covered Entity complies with the applicable conditions of the Order
regardless of whether a Covered Entity's counterparty is a ``company''
for purposes of FMIO article 77, or otherwise is described by the
relevant language of that provision.
    (4) Covered Entity as ``bank.'' For each condition in paragraph (b)
through (d) of this Order that requires the application of, and the
Covered Entity's compliance with, the provisions of the BA and BO and/
or other Swiss requirements adopted pursuant to those provisions, the
Covered Entity is a ``bank'' for purposes of BA article 1a, or
otherwise is described by the relevant language of that provision.
    (5) Covered Entity as ``systemically important.'' For each
condition in paragraph (b) through (d) of this Order that requires the
application of, and the Covered Entity's compliance with, the
provisions of the FINMA Circular 2017/1, the Covered Entity is
``systemically important'' for purposes of BA article 8(3) and article
9, or otherwise are described by the relevant language of that
provision.
    (6) Covered Entity as ``category 1.'' For each condition in
paragraph (b) through (d) of this Order that requires the application
of, and the Covered Entity's compliance with, the provisions of FINMA
Circular 2017/1, the Covered Entity is supervised as ``category 1,'' as
defined in BO articles 2(2) and 2(3) and BO Annex 3, or otherwise are
described by the relevant language of those provisions.
    (7) ``Institution-specific approach'' to operational risk
quantification. For each condition in paragraphs (b) through (d) of
this Order that requires the application of, and the Covered Entity's
compliance with, the provisions of FINMA Circular 2008/21 margins 45-
107, the Covered Entity applies the institution-specific approach, as
defined in CAO article 94, to quantifying capital requirements for
operational risk, as approved by FINMA.
    (8) Memorandum of Understanding with FINMA. The Commission and
FINMA have a supervisory and enforcement memorandum of understanding
and/or other arrangement addressing cooperation with respect to this
Order at the time the Covered Entity complies with the relevant
requirements under the Exchange Act via compliance with one or more
provisions of this Order.
    (9) Notice to Commission. A Covered Entity relying on this Order
must provide notice of its intent to rely on this Order by notifying
the Commission in writing. Such notice must be sent to an email address
provided on the Commission's website. The notice must include the
contact information of an individual who can provide further
information about the matter that is the subject of the notice. The
notice must identify each specific substituted compliance determination
within paragraphs (b) through (d) of the Order for which the Covered
Entity intends to apply substituted compliance. A Covered Entity must
promptly provide an amended notice if it modifies its reliance on the
substituted compliance determinations in this Order.
    (10) Notification Requirements Related to Changes in Capital. A
Covered Entity that is prudentially regulated relying on this Order
must apply substituted compliance with respect to the requirements of
Exchange Act rule 18a-8(c) and the requirements of Exchange Act rule
18a-8(h) as applied to Exchange Act rule 18a-8(c).

(b) Substituted compliance in connection with risk control
requirements.

    This Order extends to the following provisions related to risk
control:
    (1) Internal risk management. The requirements of Exchange Act
section 15F(j)(2) and relevant aspects of Exchange Act rule 15Fh-
3(h)(2)(iii)(I), provided that the Covered Entity is subject to and
complies with the requirements of: BO article 12; FINMA Circular 2017/1
margins 9-14, 31-49, 52-76, 82-97; and FINMA Circular 2008/21 margins
45, 54-63, 65-68, 117-138.
    (2) Trade acknowledgement and verification. The requirements of
Exchange Act rule 15Fi-2, provided that the Covered Entity is subject
to and complies with the requirements of FinMIA articles 108(a) and
(c); and FMIO articles 95, 97, and 113(1).
    (3) Portfolio reconciliation. The requirements of Exchange Act rule
15Fi-3, other than paragraph (c) to that rule, provided that:
    (i) The Covered Entity is subject to and complies with the
requirements of FINMASA article 29; FinMIA article 108(b) and (c); and
FMIO articles 96, 97 and 113(1)(d);
    (ii) The Covered Entity does not apply FinMIA article 108(b)'s
exception for ``small non-financial counterparties'' as defined in
FinMIA article 98.
    (4) Portfolio compression. The requirements of Exchange Act rule
15Fi-4, provided that:
    (i) The Covered Entity is subject to and complies with the
requirements of FinMIA article 108(d); and FMIO articles 98 and
113(1)(d); and
    (ii) The Covered Entity does not apply the portion of FinMIA
article 108(d) that excludes application of the requirement when there
are fewer than 500 non-centrally cleared OTC derivatives transactions
outstanding.

(c) Substituted compliance in connection with internal supervision and
compliance requirements and

certain Exchange Act section 15F(j) requirements.

    This Order extends to the following provisions related to internal
supervision and compliance and Exchange Act section 15F(j)
requirements:
    (1) Internal supervision. The requirements of Exchange Act rule
15Fh-3(h) and Exchange Act sections 15F(j)(4)(A) and (j)(5), provided
that:
    (i) The Covered Entity is subject to and complies with the
requirements identified in paragraph (c)(3) of this Order; and
    (ii) This paragraph (c) does not extend to the requirements of
paragraph (h)(2)(iii)(I) to rule 15Fh-3 to the extent those
requirements pertain to compliance with Exchange Act sections
15F(j)(2), (j)(3), (j)(4)(B) and (j)(6), or to the general and
supporting provisions of paragraph (h) to rule 15Fh-3 in connection
with those Exchange Act sections.
    (2) Chief compliance officers. The requirements of Exchange Act
section 15F(k) and Exchange Act rule 15Fk-1, provided that:
    (i) The Covered Entity complies with the requirements identified in
paragraph (c)(3) of this Order;
    (ii) All reports required pursuant to FINMA Circular 2017/1 margins
78-81 must also:
    (A) Be provided to the Commission at least annually, and in the
English language;
    (B) Include a certification signed by the chief compliance officer
or senior officer (as defined in Exchange Act rule 15Fk-1(e)(2)) of the
Covered Entity that, to the best of the certifier's knowledge and
reasonable belief and under penalty of law, the report is accurate and
complete in all material respects;
    (C) Address the firm's compliance with:
    (i) Applicable requirements under the Exchange Act; and
    (ii) The other applicable conditions to this Order in connection
with requirements for which the Covered Entity is relying on this
Order;
    (D) Be provided to the Commission no later than 15 days following
the earlier of:
    (i) The submission of the report to the Covered Entity's management
body; or
    (ii) The time the report is required to be submitted to the
management body; and
    (E) Together cover the entire period that the Covered Entity's
annual compliance report referenced in Exchange Act section 15F(k)(3)
and Exchange Act rule 15Fk-1(c) would be required to cover.
    (3) Applicable supervisory and compliance requirements. Paragraphs
(c)(1) and (c)(2) are conditioned on the Covered Entity being subject
to and complying with the following requirements: BA articles 3(2)(c),
and 3f; BO articles 12, 14e, and 14g; FINMA Circular 2017/1 articles 9-
97; FINMA Circular 2008/21 margins 54-62, 65-68, 121-122, and 128-
136.5; FINMA Circular 2013/8 margins 45-61, 64; FINMA Circular 2010/1
margins 16-74; and FINMA Circular 2018/3 margins 14-35.
    (4) Additional condition to paragraph (c)(1). Paragraph (c)(1)
further is conditioned on the requirement that the Covered Entity
complies with the provisions specified in paragraph (c)(3) as if those
provisions also require compliance with:
    (i) Applicable requirements under the Exchange Act; and
    (ii) The other applicable conditions to this Order in connection
with requirements for which the Covered Entity is relying on this
Order.

(d) Substituted compliance in connection with recordkeeping, reporting,
and notification requirements.

    This Order extends to the following provisions that apply to a
Covered Entity related to recordkeeping, reporting, and notification:
    (1)(i) Make and keep current certain records. The requirements of
the following provisions of Exchange Act rule 18a-5, provided that the
Covered Entity complies with the relevant conditions in this paragraph
(d)(1)(i) and with the applicable conditions in paragraph (d)(1)(ii):
    (A) The requirements of Exchange Act rule 18a-5(b)(1), provided
that the Covered Entity is subject to and complies with the
requirements of FMIO-FINMA article 1; FinMIA articles 104 and 106; FMIO
annex 2; CO article 958f;
    (B) The requirements of Exchange Act rule 18a-5(b)(2), provided
that the Covered Entity is subject to and complies with the
requirements of CO article 958f; AccO article 1; FinMIA article 106;
    (C) The requirements of Exchange Act rule 18a-5(b)(3), provided
that the Covered Entity is subject to and complies with the
requirements of CO article 958f; FinMIA articles 104 and 106; FMIO
annex 2;
    (D) The requirements of Exchange Act rule 18a-5(b)(4), provided
that the Covered Entity is subject to and complies with the
requirements of FinMIA article 38; FMIO article 36; FinIA article 50;
FMIO-FINMA article 1; CO article 958f;
    (E) The requirements of Exchange Act rule 18a-5(b)(5), provided
that the Covered Entity is subject to and complies with the
requirements of FMIO article 38; FinIA article 50; FMIO-FINMA article
1; CO article 958f;
    (F) The requirements of Exchange Act rules 18a-5(b)(6) and (b)(11),
provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of FinMIA articles 106 and 108(a); FMIO article 95; CO
article 958f; and
    (2) The Covered Entity applies substituted compliance for the
requirements of Exchange Act rule 15Fi-2 pursuant to this Order;
    (G) The requirements of Exchange Act rule 18a-5(b)(7), provided
that the Covered Entity is subject to and complies with the
requirements of FMIO article 38; FinIA article 50; FMIO-FINMA article
1; FMIO annex 2; FinMIA articles 104 and 106; AMLA article 3; CO
article 958f;
    (H) The requirements of Exchange Act rule 18a-5(b)(8), provided
that the Covered Entity is subject to and complies with the
requirements of CO article 958f; BA article 3; BO article 12; CO
article 330a; FINMA Circular 2008/21, Annex 3, margins 30-33;
    (I) The requirements of Exchange Act rule 18a-5(b)(13), regarding
one or more provisions of Exchange Act rules 15Fh-3 or 15Fk-1 for which
substituted compliance is available under this Order, provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of FINMA Circular 2017/1; BA article 3; CO article 958f,
in each case with respect to the relevant security-based swap or
activity;
    (2) With respect to the portion of Exchange Act rule 18a-5(b)(13)
that relates to one or more provisions of Exchange Act rule 15Fh-3 for
which substituted compliance is available under this Order, the Covered
Entity applies substituted compliance for such business conduct
standard(s) of Exchange Act rule 15Fh-3 pursuant to this Order, as
applicable, with respect to the relevant security-based swap or
activity; and
    (3) With respect to the portion of Exchange Act rule 18a-5(b)(13)
that relates to Exchange Act rule 15Fk-1, the Covered Entity applies
substituted compliance for Exchange Act section 15F(k) and Exchange Act
rule 15Fk-1 pursuant to this Order;
    (J) The requirements of Exchange Act rule 18a-5(b)(14)(i) and (ii),
provided that:

    (1) The Covered Entity is subject to and complies with the
requirements of FinMIA articles 104 and 106; CO article 958f; and
    (2) The Covered Entity applies substituted compliance for Exchange
Act rule 15Fi-3 pursuant to this Order; and
    (K) The requirements of Exchange Act rule 18a-5(b)(14)(iii),
provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of FinMIA articles 104 and 106; CO article 958f; and
    (2) The Covered Entity applies substituted compliance for Exchange
Act rule 15Fi-4 pursuant to this Order.
    (ii) Paragraph (d)(1)(i) is subject to the following further
conditions:
    (A) Paragraphs (d)(1)(i)(A) through (C) and (G) are subject to the
condition that the Covered Entity preserves all of the data elements
necessary to create the records required by the applicable Exchange Act
rules cited in such paragraphs and upon request furnishes promptly to
representatives of the Commission the records required by those rules;
    (B) A Covered Entity may apply the substituted compliance
determination in paragraph (d)(1)(i)(I) to records of compliance with
Exchange Act rule 15Fh-3(h) in respect of one or more security-based
swaps or activities related to security-based swaps; and
    (C) This Order does not extend to the requirements of Exchange Act
rule 18a-5(b)(9), (b)(10), or (b)(12).
    (2)(i) Preserve certain records. The requirements of the following
provisions of Exchange Act rule 18a-6, provided that the Covered Entity
complies with the relevant conditions in this paragraph (d)(2)(i) and
with the applicable conditions in paragraph (d)(2)(ii):
    (A) The requirements of Exchange Act rule 18a-6(a)(2), provided
that the Covered Entity is subject to and complies with the
requirements of FinMIA article 106; CO article 958f; FMIO-FINMA article
1(4); AccO article 3; FINMA Circular 2008/4 Marg. 16;
    (B) The requirements of Exchange Act rule 18a-6(b)(2)(i), provided
that the Covered Entity is subject to and complies with the
requirements of FinMIA article 106; CO article 958f; FMIO-FINMA article
1(4); AccO article 3; FINMA Circular 2008/4 Marg. 16;
    (C) The requirements of Exchange Act rule 18a-6(b)(2)(ii), provided
that the Covered Entity is subject to and complies with the
requirements of CO article 958f; FINMA Circular 2013/8 Marg. 60 and
Marg. 61;
    (D) The requirements of Exchange Act rule 18a-6(b)(2)(iii),
provided that the Covered Entity is subject to and complies with the
requirements of CO article 958f; AMLA article 7(3); AMLO-FINMA article
5(1);
    (E) The requirements of Exchange Act rule 18a-6(b)(2)(iv), provided
that the Covered Entity is subject to and complies with the
requirements of CO article 958f; FINMA Circular 2013/8 Marg. 60 and
Marg. 61;
    (F) The requirements of Exchange Act rule 18a-6(b)(2)(vii),
regarding one or more provisions of Exchange Act rules 15Fh-3 or 15Fk-1
for which substituted compliance is available under this Order,
provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of FINMA Circular 2017/1; BA article 3; CO article 958f,
in each case with respect to the relevant security-based swap or
activity;
    (2) With respect to the portion of Exchange Act rule 18a-
6(b)(2)(vii) that relates to one or more provisions of Exchange Act
rule 15Fh-3 for which substituted compliance is available under this
Order, the Covered Entity applies substituted compliance for such
business conduct standard(s) of Exchange Act rule 15Fh-3 pursuant to
this Order, as applicable, with respect to the relevant security-based
swap or activity; and
    (3) With respect to the portion of Exchange Act rule 18a-
6(b)(2)(vii) that relates to Exchange Act rule 15Fk-1, the Covered
Entity applies substituted compliance for Exchange Act section 15F(k)
and Exchange Act rule 15Fk-1 pursuant to this Order;
    (G) The requirements of Exchange Act rule 18a-6(c), provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of BA article 3; BO article 12; CO articles 686 and 958f;
and
    (2) This Order does not extend to the requirements of Exchange act
rule 18a-6(c) relating to Forms SBSE, SBSE-A, SBSE-C, SBSE-W, all
amendments to these forms, and all other licenses or other
documentation showing the registration of the Covered Entity with any
securities regulatory authority or the U.S. Commodity Futures Trading
Commission;
    (H) The requirements of Exchange Act rule 18a-6(d)(1), provided
that the Covered Entity is subject to and complies with the
requirements of CO article 958f; BA article 3; BO article 12; CO
article 330a; FINMA Circular 2008/21, Annex 3, margins 30-33;
    (I) The requirements of Exchange Act rule 18a-6(d)(2)(ii), provided
that the Covered Entity is subject to and complies with the
requirements of BA article 3; BO article 12; CO article 958f; FINMA
Circular 2008/21 margins 122, 128, 131, and Appendix 2;
    (J) The requirements of Exchange Act rule 18a-6(d)(3)(ii), provided
that the Covered Entity is subject to and complies with the
requirements of CO article 958f; BA article 3; BO article 12;
    (K) The requirements of Exchange Act rule 18a-6(d)(4) and (d)(5),
regarding one or more provisions of Exchange Act rules 15Fi-3 or 15Fi-4
for which substituted compliance is available under this Order,
provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of CO article 958f; FinMIA article 106;
    (2) With respect to the portion of Exchange Act rule 18a-6(d)(4)
and (d)(5) that relates to Exchange Act rules 15Fi-3 or 15Fi-4, the
Covered Entity applies substituted compliance for Exchange Act rules
15Fi-3 and 15Fi-4 pursuant to this Order; and
    (3) This Order does not extend to the requirements of Exchange Act
rule 18a-6(d)(4) and (d)(5) relating to Exchange Act rule 15Fi-5;
    (L) The requirements of Exchange Act rule 18a-6(e), provided that
the Covered Entity is subject to and complies with the requirements of
AccO; and
    (M) The requirements of Exchange Act rule 18a-6(f), provided that
the Covered Entity is subject to and complies with the requirements of
FINMA Circular 2018/3.
    (ii) Paragraph (d)(2)(i) is subject to the following further
conditions:
    (A) A Covered Entity may apply the substituted compliance
determination in paragraph (d)(2)(i)(F) to records related to Exchange
Act rule 15Fh-3(h) in respect of one or more security-based swaps or
activities related to security-based swaps; and
    (B) This Order does not extend to the requirements of Exchange Act
rule 18a-6(b)(2)(v), (b)(2)(vi), or (b)(2)(viii).
    (3) File Reports. The requirements of the following provisions of
Exchange Act rule 18a-7, provided that the Covered Entity complies with
the relevant conditions in this paragraph (d)(3):
    (i) The requirements of Exchange Act rule 18a-7(a)(2) and the
requirements of Exchange Act rule 18a-7(j) as applied to the
requirements of Exchange Act rule 18a-7(a)(2), provided that:
    (A) The Covered Entity is subject to and complies with the
requirements of BA article 6a; BO article 32; CAO article 16; FINMA
Circular 2020/1; and FINMA Circular 2016/1; and
    (B) The Covered Entity files periodic unaudited financial and
operational information with the Commission or its designee in the
manner and format required by Commission rule or order

and presents the financial information in the filing in accordance with
generally accepted accounting principles that the Covered Entity uses
to prepare general purpose publicly available or available to be issued
financial statements in Switzerland.
    (4)(i) Provide Notification. The requirements of the following
provisions of Exchange Act rule 18a-8, provided that the Covered Entity
complies with the relevant conditions in this paragraph (d)(4)(i) and
with the applicable conditions in paragraph (d)(4)(ii):
    (A) The requirements of Exchange Act rule 18a-8(c) and the
requirements of Exchange Act rule 18a-8(h) as applied to the
requirements of Exchange Act rule 18a-8(c), provided that the Covered
Entity is subject to and complies with the requirements of FINMASA
article 29(2); CAO articles 14, 42(3), 101, and 130(4); and Liquidity
Ordinance articles 17b, and 26(2).
    (B) The requirements of Exchange Act rule 18a-8(d) and the
requirements of Exchange Act rule 18a-8(h) as applied to the
requirements of Exchange Act rule 18a-8(d), provided that:
    (1) The Covered Entity is subject to and complies with the
requirements of FINMASA article 29(2); CAO articles 14, 42(3), 101, and
130(4); and Liquidity Ordinance articles 17b, and 26(2); and
    (2) This Order does not extend to the requirements of Exchange Act
rule 18a-8(d) to give notice with respect to books and records required
by Exchange Act rule 18a-5 for which the Covered Entity does not apply
substituted compliance pursuant to this Order;
    (ii) Paragraph (d)(4)(i) is subject to the following further
conditions:
    (A) The Covered Entity:
    (1) Simultaneously sends a copy of any notice required to be sent
by Swiss law cited in this paragraph of the Order to the Commission in
the manner specified on the Commission's website; and
    (2) Includes with the transmission the contact information of an
individual who can provide further information about the matter that is
the subject of the notice; and
    (B) This Order does not extend to the requirements of paragraph (g)
of rule 18a-8 or to the requirements of Exchange Act rule 18a-8(h) as
applied to such requirements.
    (5) Daily Trading Records. The requirements of Exchange Act section
15F(g), provided that the Covered Entity is subject to and complies
with the requirements of CO article 958f; FMIO article 36; FMIO-FINMA
article 1; FinMIA articles 38, 104, and 106; FINMA Circular 2013/8
marg. 60 and marg. 61.
    (6) Examination and Production of Records. Notwithstanding the
forgoing provisions of paragraph (d) of this Order, this Order does not
extend to, and Covered Entities remain subject to, the requirement of
Exchange Act section 15F(f) to keep books and records open to
inspection by any representative of the Commission and the requirement
of Exchange Act rule 18a-6(g) to furnish promptly to a representative
of the Commission legible, true, complete, and current copies of those
records of the Covered Entity that are required to be preserved under
Exchange Act rule 18a-6, or any other records of the Covered Entity
that are subject to examination or required to be made or maintained
pursuant to Exchange Act section 15F that are requested by a
representative of the Commission.
    (7) English Translations. Notwithstanding the forgoing provisions
of paragraph (d) of this Order, to the extent documents are not
prepared in the English language, Covered Entities must promptly
furnish to a representative of the Commission upon request an English
translation of any record, report, or notification of the Covered
Entity that is required to be made, preserved, filed, or subject to
examination pursuant to Exchange Act section 15F of this Order.

(e) Definitions.

    (1) ``Covered Entity'' means an entity that:
    (i) Is a security-based swap dealer registered with the Commission;
    (ii) Is not a ``U.S. person,'' as that term is defined in rule
3a71-3(a)(4) under the Exchange Act;
    (iii) Is a systemically important bank authorized by FINMA to
conduct banking activities in the Swiss Confederation; and
    (iv) Is supervised by FINMA under the intensive and continual
supervision model as a Category 1 firm as that term is defined in BO
Annex 3.
    (2) ``AccO'' means the Ordinance on the Maintenance and Retention
of Accounts (Accounts Ordinance), CC 221.431, as amended from time to
time.
    (3) ``AMLA'' means the Federal Act on Combating Money Laundering
and Terrorist Financing (Anti-Money Laundering Act), CC 955, as amended
from time to time.
    (4) ``AMLO-FINMA'' means the Ordinance of the Swiss Financial
Market Supervisory Authority on the Prevention of Money Laundering and
the Financing of Terrorist Activities (FINMA Anti-Money Laundering
Ordinance), CC 955.033.0, as amended from time to time.
    (5) ``BA'' means the Federal Act on Banks and Savings Banks
(Banking Act), CC 952, as amended from time to time.
    (6) ``BO'' means the Ordinance on Banks and Savings Banks (Banking
Ordinance), CC 952.02, as amended from time to time.
    (7) ``CAO'' means the Ordinance concerning Capital Adequacy and
Risk Diversification for Banks and Securities Dealers (Capital Adequacy
Ordinance), CC 952.03, as amended from time to time.
    (8) ``CO'' means the Federal Act on the Amendment of the Swiss
Civil Code (Part Five: The Code of Obligations, CC 220, as amended from
time to time.
    (9) ``FinIA'' means Federal Act on Financial Institutions
(Financial Institutions Act), CC 954.1, as amended from time to time.
    (10) ``FINMA'' means the Swiss Financial Market Supervisory
Authority.
    (11) ``FINMA Circular 2008/4'' means the FINMA Circular 2008/4,
Securities Journals.
    (12) ``FINMA Circular 2008/21'' means the FINMA Circular 2008/21,
Operational Risk--Banks.
    (13) ``FINMA Circular 2010/1'' means the FINMA Circular 2010/1,
Remuneration schemes.
    (14) ``FINMA Circular 2013/8'' means the FINMA Circular 2013/8,
Market conduct rules, Supervisory rules on market conduct in securities
trading.
    (15) ``FINMA Circular 2016/1'' means the FINMA Circular 2016/1,
Disclosure--Banks.
    (16) ``FINMA Circular 2017/1'' means the FINMA Circular 2017/1,
Corporate Governance--Banks.
    (17) ``FINMA Circular 2017/7'' means the FINMA Circular 2017/7,
Credit Risk--Banks.
    (18) ``FINMA Circular 2018/3'' means the FINMA Circular 2018/3,
Outsourcing--Banks and Insurers.
    (19) ``FINMA Circular 2020/1'' means the FINMA Circular 2020/1,
Accounting--Banks.
    (20) ``FINMASA'' means the Federal Act on the Swiss Financial
Market Supervisory Authority (Financial Market Supervision Act), CC
956.1, as amended from time to time.
    (21) ``FinMIA'' means the Federal Act on Financial Market
Infrastructures and Market Conduct in Securities and Derivatives
Trading (Financial Market Infrastructure Act), CC 958.1, as amended
from time to time.
    (22) ``FMIO'' means the Ordinance on Financial Market
Infrastructures and Market Conduct in Securities and Derivatives
Trading (Financial Market Infrastructure Ordinance), CC 958.11, as
amended from time to time.

    (23) ``FMIO-FINMA'' means the Ordinance of the Swiss Financial
Market Supervisory Authority on Financial Market Infrastructures and
Market Conduct in Securities and Derivatives Trading (FINMA Financial
Market Infrastructure Ordinance), CC 958.111, as amended from time to
time.
    (24) ``Liquidity Ordinance'' means the Ordinance on the Liquidity
of Banks.

[FR Doc. 2021-17424 Filed 8-13-21; 8:45 am]
BILLING CODE 8011-01-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on  August 27, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST 2004-18707

________________________________________________________________________
____________________This serves as notice to the public of the action
described below, taken by the Department official indicated (no
additional confirming order will be issued in this matter).

Application of  FEDERAL EXPRESS CORPORATION   filed 7/21/04, for:

XX  Exemption for two years under 49 U.S.C. §40109 to provide the
following service:

Scheduled foreign air transportation of property and mail between the
terminal point New Orleans, Louisiana, on the one hand, and the
coterminal points Guadalajara, Monterrey, and Mexico City/Toluca,
Mexico, on the other hand.  The carrier proposes, initially, to use the
requested authority by offering scheduled all-cargo service in the New
Orleans-Guadalajara market, beginning August 30, 2004.  Federal Express
states that it seeks the New Orleans-Monterrey and New Orleans-Mexico
City/Toluca authority on a discretionary/intermittent basis to respond
to traffic flows, weather, equipment availability, etc.

Applicant rep:   David E. Short<PHONE_NUMBER>    DOT Analyst:  Linda L.
Lundell<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted  (Subject to conditions, see remarks)

The above action was effective when taken:  August 27, 2004,   through
August 27, 2006   .

Action taken by:   Paul L. Gretch, Director

                              Office of International Aviation

XX   The authority granted is consistent with the aviation agreement
between the United States and Mexico.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:

	XX  Holder’s certificates of public convenience and necessity

	XX  Standard Exemption Conditions (attached)

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

Special Conditions/Remarks:  The U.S.-Mexico exemption authority granted
is subject to the dormancy notice requirements set forth in condition 7
of Appendix A of Order 88-10-2.

________________________________________________________________________
____________________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/report_aviation.asp

APPENDIX

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

										5/2004


[Federal Register: August 16, 2007 (Volume 72, Number 158)]
[Notices]
[Page 46051-46052]
[DOCID:fr16au07-73]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL07-31-001]

DTE Pontiac North LLC; Notice of Filing

August 9, 2007.
    Take notice that on June 19, 2007, pursuant to section 1266 of the
Public Utility Holding Company Act of 2005 (2005), 366.1 of the Federal
Energy Regulatory Commission's regulations, 18 CFR 366.1 (2006) and
Order No. 667,

DTE Pontiac North LLC filed an amendment to its January 4, 2007,
request for declaratory ruling of exempt wholesale generator status.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on August 20, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-16030 Filed 8-15-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Pages 45734-45736]
[FR Doc No: 2018-19645]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-2013-0109; FMCSA-2013-0444; FMCSA-2015-0322]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

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

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

SUMMARY: FMCSA announces its decision to renew exemptions for 16
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (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.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before October
10, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket Nos. FMCSA-2013-0109; FMCSA-2013-0444;
FMCSA-2015-0322 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) for this notice. Note that all comments received will
be posted without change to http://www.regulations.gov, including any
personal information provided. Please

see the Privacy Act heading below for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day e.t.,
365 days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

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

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years if it finds ``such exemption would likely achieve a
level of safety that is equivalent to or greater than the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the five-year period. FMCSA
grants exemptions from the FMCSRs for a two-year period to align with
the maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 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 to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs
3, 4, and 5.]
    The 16 individuals listed in this notice have requested renewal of
their exemptions from the epilepsy and seizure disorders prohibition in
49 CFR 391.41(b)(8), in accordance with FMCSA procedures. Accordingly,
FMCSA has evaluated these applications for renewal on their merits and
decided to extend each exemption for a renewable two-year period.

II. Request for Comments

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

III. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315, each of the 16
applicants has satisfied the renewal conditions for obtaining an
exemption from the epilepsy and seizure disorders prohibition. The 16
drivers in this notice remain in good standing with the Agency, have
maintained their medical monitoring and have not exhibited any medical
issues that would compromise their ability to safely operate a CMV
during the previous two-year exemption period. In addition, for
Commercial Driver's License (CDL) holders, the Commercial Driver's
License Information System (CDLIS) and the Motor Carrier Management
Information System (MCMIS) are searched for crash and violation data.
For non-CDL holders, the Agency reviews the driving records from the
State Driver's Licensing Agency (SDLA). These factors provide an
adequate basis for predicting each driver's ability to continue to
safely operate a CMV in interstate commerce. Therefore, FMCSA concludes
that extending the exemption for each renewal applicant for a period of
two years is likely to achieve a level of safety equal to that existing
without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of June and
are discussed below:
    As of June 9, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following ten individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers:

Henry Counts, Jr. (MD)
David P. Crowe (VA)
Michael D. Davis (ME)
Dennis R. Gilles (IN)
Larry G. Hediger (IL)
Eric J. McVetty (NH)
Donald J. Richmond (SC)
Kevin L. Sprinkle (NC)
Patrick J. Trimbo (MN)
Alan K. Washabaugh (PA)

    The drivers were included in docket numbers FMCSA-2013-0109 and
FMCSA-2015-0322. Their exemptions are applicable as of June 9, 2018,
and will expire on June 9, 2020.
    As of June 24, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following six individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers:

Heath A. Crowe (LA)
Peter Della-Rocco, Jr. (PA)
Domenick R. Panfile (NJ)
Milton N. Tatham (NV)
Thomas H. Tincher (NC)
Duane A. Troff (MN)

    The drivers were included in docket number FMCSA-2013-0444. Their
exemptions are applicable as of June 24, 2018, and will expire on June
24, 2020.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must remain seizure-free and maintain a stable
treatment during the two-year exemption period; (2) each driver must
submit annual reports from their treating physicians attesting to the
stability of treatment and that the driver has remained seizure-free;
(3) each driver must undergo an annual medical examination by a
certified Medical Examiner, as defined by 49 CFR 390.5; and (4) each
driver must provide a copy of the annual medical certification to the
employer for retention in the driver's qualification file, or keep a
copy of his/her driver's qualification file if he/she is self-employed.
The driver must also have a copy of the exemption

when driving, for presentation to a duly authorized Federal, State, or
local enforcement official. The exemption will be rescinded if: (1) The
person fails to comply with the terms and conditions of the exemption;
(2) the exemption has resulted in a lower level of safety than was
maintained before it was granted; or (3) continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315.

V. Preemption

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

VI. Conclusion

    Based upon its evaluation of the 16 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the epilepsy
and seizure disorders prohibition in 49 CFR 391.41 (b)(8). In
accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be
valid for two years unless revoked earlier by FMCSA.

     Issued on: August 30, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-19645 Filed 9-7-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 71 (Thursday, April 15, 2021)]
[Notices]
[Pages 19940-19941]
[FR Doc No: 2021-07673]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No.--2021-2064]

Petition for Exemption; Summary of Petition Received; Ohio State
University

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of

this notice is to improve the public's awareness of, and participation
in, the FAA's exemption process. Neither publication of this notice nor
the inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before May 5, 2021.

ADDRESSES: Send comments identified by docket number FAA-2021-0147
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jimeca Callaham,<PHONE_NUMBER>,
Office of Rulemaking, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC.
Timothy R. Adams
Deputy Executive Director, Office of Rulemaking.

PETITION FOR EXEMPTION

    Docket No.: FAA-2021-0147.
    Petitioner: Ohio State University.
    Section(s) of 14 CFR Affected: Sec. Sec.  61.160(b)(3)(i) and (ii).
    Description of Relief Sought: The Ohio State University (OSU) is
petitioning for an exemption from Sec.  61.160(b)(3)(i) and (ii), to
the extent necessary to allow two specific OSU students to substitute
certain training received outside the university for part of OSU's
approved part 141 curriculum in order to be eligible for an Airline
Transport Pilot Certificate with Restricted Privileges (R-ATP). These
two students sought training outside OSU during temporary closures in
Ohio caused by the Coronavirus Disease 2019 (COVID-19).

[FR Doc. 2021-07673 Filed 4-14-21; 8:45 am]
BILLING CODE 4910-13-P