[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Pages 29823-29826]
[FR Doc No: 2021-11608]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92044; File No. SR-FINRA-2021-012]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Eliminate the Per-Transaction Fee for Late and
Corrective Reports to the FINRA/Nasdaq TRF and To Increase the
Participation Fee

May 27, 2021.
    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 May 26, 2021, the Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as ``establishing or changing a
due, fee or other charge'' under Section 19(b)(3)(A)(ii) of the Act \3\
and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal
effective upon receipt of this filing by the Commission. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to amend FINRA Rule 7620A to eliminate the per-
transaction fee for late reports and corrective transactions that is
currently imposed on non-Retail Participants that use the FINRA/Nasdaq
Trade Reporting Facility Carteret (the ``FINRA/Nasdaq TRF Carteret'')
and the FINRA/Nasdaq Trade Reporting Facility Chicago (the ``FINRA/
Nasdaq TRF Chicago'') (collectively, the ``FINRA/Nasdaq TRF'') and to
increase the Participation Fee to account for the overhead costs
associated with processing late and corrective transaction reports.
    The text of the proposed rule change is available on FINRA's
website at http://www.finra.org, at the principal office of FINRA 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, FINRA 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. FINRA 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 FINRA/Nasdaq TRF is a facility of FINRA that is operated by
Nasdaq, Inc. (``Nasdaq''). In connection with the establishment of the
FINRA/Nasdaq TRF, FINRA and Nasdaq entered into a limited liability
company agreement (the ``LLC Agreement''). Under the LLC Agreement,
FINRA, the ``SRO Member,'' has sole regulatory responsibility for the
FINRA/Nasdaq TRF. Nasdaq, the ``Business Member,'' is primarily
responsible for the management of the FINRA/Nasdaq TRF's business
affairs, including establishing pricing for use of the FINRA/Nasdaq
TRF, to the extent those affairs are not inconsistent with the
regulatory and oversight functions of FINRA. Additionally, the Business
Member is obligated to pay the cost of regulation and is entitled to
the profits and losses, if any, derived from the operation of the
FINRA/Nasdaq TRF.
    Pursuant to FINRA Rule 7620A, Participants \5\ are charged fees and
may qualify for fee caps for reporting to the FINRA/Nasdaq TRF. Nasdaq
administers these rules on behalf of FINRA \6\ in its capacity as the
Business Member and operator of the FINRA/Nasdaq TRF. In addition,
pursuant to the contractual arrangements establishing the FINRA/Nasdaq
TRF, Nasdaq collects and is entitled to all fees on behalf of the
FINRA/Nasdaq TRF.
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    \5\ The term ``Trade Reporting Participant'' or ``Participant''
is defined as any member of FINRA in good standing that uses the
System. See FINRA Rule 7210A(k).
    \6\ FINRA's oversight of this function performed by the Business
Member is conducted through a recurring assessment and review of TRF
operations by an outside independent audit firm.
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    Currently, non-Retail Participants are charged a per-transaction
fee for late and corrective transaction reports. Specifically, the
FINRA/Nasdaq TRF imposes a ``Late Report--T+N'' fee of $0.288 per trade
on the Executing Party \7\ for trade reports submitted one or more days
after the date of the trade (T+N). In addition, Participants are
charged $0.25 per trade to correct previously submitted trade reports.
The reporting party is charged the fee when the correction is due to
cancellation of a trade execution, a reporting error, or an ``inhibit''
or a ``kill'' transaction. Both parties to the trade are charged the
fee when the correction is due to ``break'' or ``decline''
transactions. The FINRA/Nasdaq TRF assesses these fees primarily to
address its administrative

burden of processing error corrections and late submissions.
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    \7\ Supplementary Material .01 of FINRA Rule 7620A defines
``Executing Party (EP)'' as the member with the trade reporting
obligation under FINRA rules. Under FINRA Rule 6380A(b), in a trade
between a member and non-member or customer, the member has the
obligation to report the trade, and in a trade between two members,
the member that receives an order for handling or execution or is
presented an order against its quote, does not subsequently re-route
the order, and executes the transaction, has the obligation to
report the trade.
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    Historically, particularly when trade reporting was more manual in
nature and trade volume was lower, a per-transaction fee was
appropriate because the FINRA/Nasdaq TRF's efforts to address late and
erroneous reports were discrete and the costs of those efforts could be
more readily allocated to individual Participants. Today, the costs to
the FINRA/Nasdaq TRF of processing errors and late trade reports no
longer correlate directly to the number or size of late trade reports
or corrective transactions. In recent years, trade reporting activity
on the FINRA/Nasdaq TRF has grown substantially, and often if trade
reporting errors occur, they will be large in number (e.g., where such
errors are due to a systems coding error). However, late reports and
corrective transactions that Participants submit to the FINRA/Nasdaq
TRF electronically through FIX may not necessarily require substantial
time or effort for the FINRA/Nasdaq TRF operations team to address,
even if they involve a large number of trades, because the process for
addressing reports submitted in this manner is now largely automated.
By contrast, even a small number of late or corrective transaction
reports may require significant operational support to address if they
involve batch uploads or manual submissions, or if the errors are
complex to fix. In sum, the costs to the FINRA/Nasdaq TRF of addressing
late or erroneous trade reports no longer correlate directly on a per
trade basis. For example, a Participant with upload capabilities may
spend hours working with Nasdaq Operations to properly format an upload
file, whereas a Participant that tests a large standardized FIX
submission for late or corrective activity in the Nasdaq Test Facility
may replicate the entry in production in seconds or minutes with no
Nasdaq Operations support.
    Rather than continue to assess a fee that does not correlate to the
actual costs of processing a Participant's late reports or error
corrections, or attempt the complex and burdensome task of allocating
those actual costs to a Participant based upon its specific late report
or correction scenario, Nasdaq, as the Business Member, proposes
instead to treat these costs as general overhead that all non-Retail
Participants will bear as part of the monthly Participation Fee.
    Currently, the FINRA/Nasdaq TRF charges its Participants (other
than Retail Participants) a $350 per month Participation Fee, which
exists to ``defray certain shared and common costs associated with the
operation of the FINRA/Nasdaq TRF, including overhead costs and the
costs of developing, maintaining, and upgrading shared technology.''
\8\ The Participation Fee ensures that all non-Retail Participants in
the FINRA/Nasdaq TRF--both large and small--bear at least some baseline
responsibility for the upkeep and administration of the facilities.\9\
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    \8\ See Securities Exchange Act Release No. 83866 (August 16,
2018), 83 FR 42545, 42548 (August 22, 2018) (Notice of Filing and
Immediate Effectiveness of File No. SR-FINRA-2018-029).
    \9\ See supra note 8.
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    Nasdaq, as the Business Member, believes that treating the costs of
processing Participants' late or corrective transaction reports as
overhead and incorporating them in the Participation Fee is appropriate
because such costs are necessary for the proper administration of the
FINRA/Nasdaq TRF. The FINRA/Nasdaq TRF must devote staff and other
resources to processing late and corrective transaction reports
regardless of the total number or frequency of such reports. Nasdaq
estimates that in 2020, the FINRA/Nasdaq TRF incurred approximately
$740,000 to provide operational, business, and development support for
late and corrective activity. This support comprised the equivalent of
three full-time employees, customer technical guidance, FIX testing
support, upload testing and processing support, system and trade
processing review, and trade review. In addition, a majority of FINRA/
Nasdaq TRF Participants submitted late or corrective transaction
reports last year. Nasdaq notes that more than 60 percent of
Participants incurred fees for late or corrective transaction reports
at least once in 2020. Specifically, in 2020, 371 firms submitted a
total of 1,248,568 cancellations and 298 firms submitted a total of
976,228 late reports to the FINRA/Nasdaq TRF.\10\ As such, Nasdaq
believes it would be equitable for the FINRA/Nasdaq TRF to allocate
these costs among all non-Retail Participants going forward.
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    \10\ Late and corrective transaction reports nonetheless make up
a very small percentage of overall trade reporting activity on the
FINRA/Nasdaq TRF. For example, in 2020, 2.2 million late or
corrective transactions were processed compared to over three
billion trade executions reported to the FINRA/Nasdaq TRF. In
addition, in 2020, 99.94% of trades reported to the FINRA/Nasdaq TRF
were reported within 10 seconds, in compliance with FINRA rules. By
way of comparison, in 2020, 99.82% of trades reported to the FINRA/
NYSE TRF were reported within 10 seconds.
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    To account for the costs of addressing late and erroneous trade
reports, Nasdaq, as the Business Member, proposes to increase the
Participation Fee for all Participants (other than Retail Participants,
which are not subject to the fee under current rules) from $350 to $450
per month. The proposed $100 increase is based on $740,000 operating
costs for three full-time equivalent staff and other resources divided
across the 620 non-Retail Participants on the FINRA/Nasdaq TRF.
    FINRA and Nasdaq, as the Business Member, do not believe that the
proposed rule change will diminish incentives for Participants to
report their trades correctly and in a timely manner, as required by
FINRA rules. The FINRA/Nasdaq TRF late and corrective transaction
report fees are primarily intended to address the administrative burden
of processing corrections and late trade reports. While these fees may
generally encourage the correct reporting of transaction data, they are
not intended to serve a disciplinary function, even for Participants
that report trades erroneously or late in large numbers. Separate and
apart from the FINRA/Nasdaq TRF late and corrective transaction report
fees, FINRA rules require Participants to report their trades in a
timely manner, and firms have an ongoing obligation to report trade
information accurately and completely.\11\ To the extent that a
Participant fails to comply with those rules, the Participant may be
subject to a FINRA enforcement action or sanctions. The specter of such
enforcement actions and sanctions--rather than the FINRA/Nasdaq TRF
per-transaction correction and late fees--will continue to provide an
adequate incentive for Participants to endeavor to avoid large-scale
trade reporting errors and late reports.
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    \11\ See, e.g., FINRA Rules 6380A(a)(1) and 7260A. FINRA notes
that firms that report to the FINRA/NYSE TRF have the same
obligations under FINRA rules (see FINRA Rules 6380B(a)(1) and
7260B); however, the FINRA/NYSE TRF does not charge a separate fee
for late or corrective transaction reports. As noted above, the
rates of timely reporting to the FINRA/Nasdaq TRF and FINRA/NYSE TRF
in 2020 were 99.94% and 99.82%, respectively.
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    FINRA has filed the proposed rule change for immediate
effectiveness. The operative date will be June 1, 2021.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(5) of the Act,\12\ which requires, among
other things, that FINRA rules provide for the equitable allocation of
reasonable dues, fees, and other charges among members and issuers and
other persons using any facility or system that FINRA operates or
controls. As an initial matter, all non-Retail Participants are subject
to the

same fees and access to the FINRA/Nasdaq TRF is offered on fair and
nondiscriminatory terms.
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    \12\ 15 U.S.C. 78o-3(b)(5).
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The Proposal Is Reasonable
    Nasdaq, as the Business Member, believes the proposals are
reasonable to: (i) Eliminate the per-transaction fee for late reports
and corrective transactions; and (ii) instead allocate the costs of
late and corrective activity as overhead to all non-Retail Participants
by increasing the monthly Participation Fee.
    As discussed above, the costs that the FINRA/Nasdaq TRF incurs to
process corrective and late reports no longer correlate directly to the
number or size of such reports that a Participant submits. Similarly,
these costs have become difficult to correlate to a particular
Participant given the idiosyncratic nature of many late reports and
corrective transactions and the varying levels of operational support
that are required to address them. Finally, as noted above, a majority
of non-Retail Participants submitted late or corrective transaction
reports at least once in 2020. Accordingly, Nasdaq believes that it
would be reasonable and equitable to require all non-Retail
Participants to bear these costs as part of the overhead costs of
operating the FINRA/Nasdaq TRF.
The Proposal is an Equitable Allocation of Fees and Is Not Unfairly
Discriminatory
    Nasdaq, as the Business Member, believes that the proposed rule
change will allocate fees fairly among FINRA/Nasdaq TRF Participants.
    As a threshold matter, Nasdaq believes that the existing formula is
no longer appropriate because it may result in a Participant paying a
fee that does not correlate to the actual costs of processing the
Participant's late or corrective transaction reports. Currently, a
Participant may incur a large fee to correct a coding or other system
error that impacts a large number of trades, even though the FINRA/
Nasdaq TRF is able to facilitate correction of the error on an
automated basis with minimal operational support. Meanwhile, another
Participant may incur a small fee to correct an error in a single trade
even though the error may be complex and require significant time and
support to fix.
    Nasdaq intends for the proposal to allocate the costs of processing
late and corrective reports in a manner that is more equitable to
Participants than the existing formula. As discussed above, Nasdaq
believes that these costs are appropriately classified as overhead in
that: (i) They involve staff and other resources that the FINRA/Nasdaq
TRF dedicates for use in processing late and corrective reports
regardless of the frequency or size of such reports; (2) these
resources and costs are necessary for the proper operation of the
FINRA/Nasdaq TRF; and (3) the majority of Participants make use of such
resources. Additionally, these costs are difficult to correlate
accurately to particular Participants due to the idiosyncratic nature
of many late or corrective transaction reports and the varying levels
of operational support that they require. The proposed rule change
would avoid this difficulty by requiring all non-Retail Participants to
bear these costs equally.
    Going forward, non-Retail Participants with large numbers of late
or corrective transaction reports will benefit from the proposed rule
change because the additional amount that they pay in the Participation
Fee will be less than the per-transaction late or corrective fee they
would pay under the current formula. By contrast, non-Retail
Participants with no or a small number of late or corrective
transaction reports might incur a larger fee than they do now, through
the increase in the Participation Fee. Nasdaq, as the Business Member,
believes that these potentially disparate effects are not unfairly
discriminatory because any Participant has the potential to submit late
or corrective transaction reports in the future, even if they have not
done so in the past, and thus all have the potential to benefit from
the proposed rule change. For example, 13% of firms with late or
corrective activity in 2020 did not have any late or corrective
activity in 2019. Conversely, 15% of firms with late or corrective
activity in 2019 did not have any late or corrective activity in 2020.
    Moreover, the proposed $100 monthly increase in the Participation
Fee is small in an absolute sense, as well as small relative to the
overall fees that Participants typically incur on the FINRA/Nasdaq TRF.
As such, any adverse impact of the proposed rule change on Participants
that currently pay little or no fees for late or corrective activity is
likely to be nominal. Nasdaq notes that the FINRA/Nasdaq TRF has not
raised the Participation Fee since the fee was first established in
2018, despite the fact that the costs of operating the FINRA/Nasdaq TRF
generally grow one to two percent per year (in keeping with cost of
living adjustments), and the FINRA/Nasdaq TRF continues to invest in
developing, maintaining, and upgrading its technology.
    Nasdaq does not believe that it is inequitable or unfairly
discriminatory to charge the same fee to each non-Retail Participant to
cover the costs of addressing late or corrective activity, even though
some Participants may need to address such activity more frequently or
at higher volumes than others. The existing Participation Fee already
allocates other overhead costs of operating the FINRA/Nasdaq TRF in the
same manner, even though some Participants may be more heavy users of
the TRF, and thus may account for more electric power, computer
equipment, and other overhead costs than other Participants.
    Finally, Nasdaq believes that it is not inequitable or unfairly
discriminatory to exempt Retail Participants from the increased
Participation Fee. Under current rules, Retail Participants are exempt
from paying the Participation Fee as well as the per-transaction fee
for late and corrective transaction reports.\13\
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    \13\ See FINRA Rule 7620A. See also Securities Exchange Act
Release No. 83866 (August 16, 2018), 83 FR 42545 (August 22, 2018)
(Notice of Filing and Immediate Effectiveness of File No. SR-FINRA-
2018-029) and Securities Exchange Act Release No. 88135 (February 6,
2020), 85 FR 8079 (February 12, 2020) (Notice of Filing and
Immediate Effectiveness of File No. SR-FINRA-2020-004).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule changes will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.
Intramarket Competition
    Nasdaq, as the Business Member, does not believe that the proposed
rule change will place any category of Participants at a competitive
disadvantage. The proposed increase in the Participation Fee will apply
equally to all Participants (other than to Retail Participants, which
as noted above, are exempt from paying the Participation Fee under
current rules). The proposed rule change will ensure non-Retail
Participants share responsibility for the costs of correcting trade
reports or reporting late trades as they already do for other types of
overhead costs. Additionally, Participants are free to report their
trades to another FINRA trade reporting facility (``TRF'') to the
extent they believe that the assessed fees are not attractive. Price
competition between the TRFs is substantial, with trade reporting
activity and market share moving between them in reaction to fee
changes.

Intermarket Competition
    Nasdaq believes that the proposed rule change will not impose a
burden on competition among the TRFs because use of the FINRA/Nasdaq
TRF is completely voluntary and subject to competition.\14\ Nasdaq, as
the Business Member, believes that the proposed rule change will
strengthen the competitive position of the FINRA/Nasdaq TRF with
respect to competing TRFs and will support increased competition in the
market.
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    \14\ Because the FINRA/Nasdaq TRF and the FINRA/NYSE TRF are
operated by different business members competing for market share,
FINRA does not take a position on whether the pricing for one TRF is
more favorable or competitive than the pricing for the other TRF.
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    Moreover, Nasdaq, as the Business Member, believes that the
proposed rule change is necessary for the FINRA/Nasdaq TRF to retain
trade reporting business and to compete for new business since
customers evaluate product and pricing when they evaluate where to
submit their trade reports. Nasdaq notes that the competing TRF does
not charge a separate fee to report late trades or to correct
previously submitted trade reports, and Nasdaq believes that the
proposed rule change will reduce any price differential between the
competing TRFs in this regard. Accordingly, Nasdaq believes that the
risk that this proposed rule change will impose an undue burden on
intermarket competition is extremely limited.
    If market participants determine that the changes proposed herein
are inadequate or unattractive, it is likely that the FINRA/Nasdaq TRF
will lose market share as a result. Accordingly, Nasdaq believes that
the proposed rule change will not impair the ability of the other TRF
to maintain its competitive standing.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \15\ and paragraph (f)(2) of Rule 19b-4
thereunder.\16\ 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 to determine whether the proposed rule should be approved
or disapproved.
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    \15\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \16\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2021-012 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-FINRA-2021-012. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filing also will be available for inspection
and copying at the principal office of FINRA. 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-FINRA-2021-012 and should be submitted
on or before June 24, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-11608 Filed 6-2-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 17, 2006 (Volume 71, Number 52)]
[Notices]
[Page 13882-13884]
[DOCID:fr17mr06-127]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53472; File No. SR-NYSE-2006-18]

Self-Regulatory Organizations; New York Stock Exchange, LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Rule 104, Dealings by Specialists

March 13, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on March 8, 2006, the New York Stock Exchange, LLC (``NYSE'' or
the ``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 the Exchange. The Exchange
filed the proposal as a ``non-controversial'' rule change pursuant to
Section 19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\
upon filing with the Commission.\5\ The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
    \5\ The NYSE has asked the Commission to waive the 5-day pre-
filing notice requirement and the 30-day operative delay. See
Section 19(b)(3)(A) of the Act, and Rule 19b-4(f)(6)(iii)
thereunder. 15 U.S.C. 78s(b)(1), 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 Exchange proposes to amend NYSE Rules 104.12 and .13 concerning
investment accounts and investment positions in specialty securities
for securities issued by the Exchange. The text of the proposed rule
change is available on NYSE's Web site, http://www.nyse.com, at NYSE'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. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange 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
    NYSE Rule 104 (Dealings by Specialists) governs specialists'
dealings in their specialty securities. Trades conducted by a
specialist in specialty securities are effected in the specialist's
dealer account. Under NYSE Rule 104.12, a specialist may assign part of
his or her dealer account position to an investment account, provided
that such assignment does not create a short position in the
specialist's dealer account.
    Additionally, NYSE Rule 104.12 prohibits the assignment to the
investment account of any position or part thereof that was purchased
on nonstabilizing ticks, i.e., a ``plus'' tick (at a price higher than
the last trade) or ``zero plus tick'' (higher than the last different
trade). In order to assign a position to an investment account, a
specialist's purchases in that security must be at least 75%
stabilizing for that day and the calendar week encompassing the
purchase of that security.
    Similarly, positions in the dealer account are netted with
positions in an investment account. Thus, if the specialist is short in
the dealer account, but has a long position in the investment account
that exceeds the short dealer position, the specialist is considered to
be net long. In that situation, a specialist may not liquidate the
short dealer account position by purchasing on a plus tick; nor may the
specialist purchase on a zero plus tick more than 50% of the stock that
is being offered in the market at that time, and, in no event may the
specialist purchase the final 100 shares offered.
    NYSE Rule 104.13 requires that transactions effected in specialty
stocks for the accounts of specified persons affiliated with or related
to a specialist must be for investment purposes and executed in
accordance with certain restrictions relating to the price at which
transactions may take place, known as ``tick'' restrictions. The
accounts specified in the rule include accounts of employees or parties
active in the business of the specialist, the spouse or children
residing in the same household as a specialist or person active in the
specialist business, and any approved person (individual or entity in a
control relationship) of the specialist, other than an approved person
entitled to an exemption pursuant to NYSE Rule 98 (Restrictions on an
Approved Person Associated with a Specialist's Member Organization).
    NYSE-Archipelago Merger. The merger of NYSE and Archipelago
Holdings, Inc. has received Commission approval and was completed on
March 7, 2006.\6\ Trading in the common stock of the newly-formed,
publicly-traded holding company NYSE Group, Inc. on the Exchange will
commence on March 8, 2006, under the symbol ``NYX.''
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 53382 (February 27,
2006), 71 FR 11251 (March 6, 2006) (SR-NYSE-2005-77).
---------------------------------------------------------------------------

    Under the terms of the merger, members of the Exchange, i.e.,
seatholders on the NYSE, will receive shares of NYX stock in exchange
for their membership interests. In certain circumstances, where the
purchase of an Exchange membership was the subject of a financing
arrangement with the member organization a seat holder was associated
with, the member organization will be eligible to receive the NYX
shares being exchanged for a membership. These NYX shares will be held
in a special account separate from the specialist's dealer and
investment accounts.
    The NYX shares received as a result of this exchange will be
subject to transfer restrictions set forth in the amended and restated
Certificate of Incorporation of NYSE Group, Inc. These transfer
restrictions prohibit any direct or indirect assignment, sale,
exchange, transfer, tender or any other disposition of NYX shares.
Except as otherwise provided in Article IV,

Section 4 of the amended and restated Certificate of Incorporation,
these restrictions are scheduled to expire after 12, 24, and 36 months
subsequent to the issuance date of the shares, for one-third of the
total shares after each such 12-month interval. The specialist
organization will be informed by the transfer agent as to the specific
date the restrictions will be lifted for each tranche. It is only when
the restrictions are removed that these shares will be transferred to
the specialist's dealer or investment account and will be fully subject
to NYSE Rule 104.
    Among those who will receive restricted NYX shares will be
seatholders who are associated with the member organization which is
registered as the specialist in NYX stock, and that specialist member
organization itself.
    Proposed Rule Change. The Exchange proposes to amend NYSE Rules
104.12 and .13 to exempt from these provisions any positions held by a
specialist or his or her organization in a specialty security issued by
NYSE Group, Inc. and listed on the NYSE which is restricted as to sale
or transfer. This exemption will last during the pendency of such
restriction as to sale or transfer. The Exchange believes that given
that these shares cannot be used in the specialist's normal market
making activities, the application of NYSE Rules 104.12 and .13 to
these positions does not serve any useful purpose.
    The provisions of NYSE Rule 104.12 are designed to permit
specialists to establish investment positions in specialty securities
while recognizing that all trading activity and positions in such
specialty securities must be available for use in the specialist's
dealer activities. The restrictions contained in NYSE Rule 104.13 help
ensure that associated persons of specialists do not trade in a
destabilizing manner any NYSE security in which the related specialist
organization is registered. Since the shares of NYX that are to be
received by the specialists, the specialist member organization and any
associated parties in exchange for their membership interests will be,
for all practical purposes, unable to be used in any manner until the
restrictions described above are removed, the Exchange believes that it
would be inappropriate to include them within the purview of NYSE Rules
104.12 and .13.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \7\ that an Exchange have rules that
are designed to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 written comments on
the proposed rule change.

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

    Because the foregoing rule does not (i) significantly affect the
protection of investors or the public interest; (ii) does not impose
any significant burden on competition; and (iii) by its terms, does not
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, provided that the
Exchange has given the Commission written notice of its intent to file
the proposed rule change at least five business days prior to the date
of filing of the proposed rule change or such shorter time as
designated by the Commission, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6) thereunder.\9\ Accordingly, a proposed rule change filed under
Rule 19b-4(f)(6) under the Act \10\ normally may not become operative
prior to 30 days after the date of filing. However, Rule 19b-
4(f)(6)(iii) \11\ permits the Commission to designate a shorter time if
such action is consistent with the protection of investors and the
public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The NYSE has requested that the Commission waive the 5-day pre-
filing notice requirement and the 30-day operative delay, which would
make the rule change effective and operative upon filing. The
Commission believes that waiver of the 5-day pre-filing notice and the
30-day operative delay is consistent with the protection of investors
and the public interest, because it allows the NYSE to implement this
proposal as soon as possible upon the commencement of trading of NYX
stock on March 8, 2006, and thereby accommodates the receipt and
retention of restricted NYX shares by the specialist in a special
account separate and apart from the specialist's dealer or investment
accounts and addresses the treatment of such shares under NYSE Rule
104. For these reasons, the Commission designates the proposal to be
effective and operative upon filing with the Commission.\12\
---------------------------------------------------------------------------

    \12\ For the purposes only of accelerating the operative date of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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.\13\
---------------------------------------------------------------------------

    \13\ See 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-NYSE-2006-18 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-NYSE-2006-18. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will

post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro/shtml
). Copies of the submission, all subsequent

amendments, all written statements with respect to the proposed rule
change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for inspection and copying in the Commission's Public
Reference Room. Copies of the filing will also be available for
inspection and copying at the principal office of the NYSE. 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-NYSE-2006-18 and should be
submitted by April 7, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
Nancy M. Morris,
Secretary.
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. E6-3898 Filed 3-16-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Notices]
[Pages 61429-61431]
[FR Doc No: 2022-21978]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0080]

Agency Information Collection Activities; Renewal of an Approved
Information Collection: Lease and Interchange of Vehicles

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

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for review
and approval. This ICR will enable FMCSA to document the burden
associated with the for-hire truck leasing regulations and passenger
carrier regulations. These regulations require certain for-hire
property carriers and certain for-hire and private passenger

carriers to have a formal lease when leasing equipment from other motor
carriers. FMCSA requests approval to renew an ICR titled, ``Lease and
Interchange of Vehicles.''

DATES: Comments on this notice must be received on or before November
10, 2022.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Stacy Ropp, Compliance Division, DOT,
FMCSA, West Building 6th Floor, 1200 New Jersey Avenue SE, Washington,
DC 20590-0001;<PHONE_NUMBER>; [email protected].

SUPPLEMENTARY INFORMATION:
    Title: Lease and Interchange of Vehicles.
    OMB Control Number: 2126-0056.
    Type of Request: Renewal of a currently approved ICR.
    Respondents: Motor carriers authorized by the Secretary of
Transportation (Secretary) to transport property and passengers that
use leased equipment.
    Estimated Number of Respondents: 48,046 [45,536 property carriers
(lessees and lessors) + 2,510 passenger-carrying motor carriers
(lessees and lessors)].
    Estimated Time per Response: Varies from 5 to 30 minutes.
    Expiration Date: October 31, 2022.
    Frequency of Response: On occasion.
    Estimated Total Annual Burden: 212,256 hours.

Background

    Property transportation. Under 49 U.S.C. 14102(a), The Secretary
``may require a motor carrier providing for-hire transportation that
uses motor vehicles not owned by it to transport property under an
arrangement with another party to--
    (1) make the arrangement in writing signed by the parties
specifying its duration and the compensation to be paid by the motor
carrier;
    (2) carry a copy of the arrangement in each motor vehicle to which
it applies during the period the arrangement is in effect;
    (3) inspect the motor vehicles and obtain liability and cargo
insurance on them; and
    (4) have control of and be responsible for operating those motor
vehicles in compliance with requirements prescribed by the Secretary on
safety of operations and equipment, and with other applicable law as if
the motor vehicles were owned by the motor carrier.''
    The Secretary has delegated authority pertaining to leased motor
vehicles to FMCSA pursuant to 49 CFR 1.87(a)(6). The Agency's
regulations governing leased motor vehicles are at 49 CFR part 376.
    The regulations were adopted to ensure that small trucking
companies were protected when they agreed to lease their equipment and
drivers to larger for-hire carriers. They also ensure the government
and members of the public can determine who is responsible for a
property-carrying commercial motor vehicle. Prior to adoption of the
regulations, some equipment was leased without written agreements,
leading to disputes over which party to the lease was responsible for
charges and actions and, at times, who was legally responsible for the
vehicle.
    The regulations specify what must be covered in the lease, but
leave open how many responsibilities must be divided. The parties to
the lease determine numerous details between themselves.
    Part 376 applies only to certain motor carriers in interstate
commerce and only to certain leasing situations based on exemptions set
forth in Sec.  376.11, which cross references other provisions in part
376. Section 376.11 provides that an authorized carrier (a person or
persons authorized to engage in the transportation of property as a
motor carrier under the provisions of 49 U.S.C. 13901 and 13902) may
perform authorized transportation using equipment it does not own only
when the following conditions are met:
    (1) There shall be a written lease granting the use of the
equipment and meeting the requirements contained in Sec.  376.12;
    (2) Receipts, specifically identifying the equipment to be leased
and stating the date and time of day possession is transferred, shall
be given; and
    (3) The authorized carrier acquiring the use of equipment under
this section shall identify the equipment as being in its service.
    Passenger transportation. FMCSA can regulate the lease and
interchange of passenger-carrying commercial motor vehicles based on
the authority of the Motor Carrier Act of 1935 and the Motor Carrier
Safety Act of 1984, as amended. FMCSA's regulations about the lease and
interchange of passenger-carrying commercial motor vehicles in subpart
G of 49 CFR part 390 help ensure that passenger carriers cannot evade
FMCSA oversight and enforcement by entering into lease agreements to
operate under the authority of another carrier that exercises no
control over these operations. Motor carriers that (1) operate
passenger-carrying commercial motor vehicles, (2) have active operating
authority registration with FMCSA to transport passengers, and (3)
engage in the lease or interchange of passenger-carrying commercial
motor vehicles with other motor carriers that have active operating
authority registration with FMCSA to transport passengers, are not
subject to the regulations in subpart G of 49 CFR part 390 and the
recordkeeping requirements therein. Such regulations and requirements
also do not apply to financial leases (such as a closed-end lease, hire
purchase, lease purchase, purchase agreement, installment plan,
demonstration or loaner vehicle, etc.) between a motor carrier and a
bank or similar financial organization or a manufacturer or dealer of
passenger-carrying commercial motor vehicles.
    Section 390.403(b) specifies the four required items of information
that any lease or interchange record document for passenger-carrying
commercial motor vehicles is required to contain. These are (1) vehicle
identification information; (2) information about and signatures of the
involved motor carriers of passengers [the lessor and the lessee]; (3)
specific duration of the lease or interchange agreement; and (4) a
clear statement about exclusive possession and responsibilities.
Section 390.403(c) requires a copy of the lease or interchange
agreement be on the passenger-carrying commercial motor vehicle during
the period of the lease or interchange agreement. Both the lessee and
lessor must retain a copy of the lease or interchange agreement for one
year after the expiration date.
    These property carrier and passenger carrier provisions account for
the burden in this information collection. The program change increase
of 75,968 estimated annual burden hours (212,256 proposed estimated
annual burden hours--136,288 currently approved estimated annual burden
hours) is due to the availability of new or improved data, the use of
enhanced analysis or estimation methodologies, and/or the correction of
arithmetic or other errors made previously when calculating the burden
for the currently approved information collection. Previous estimates
were based on 2017 data. Current passenger carrier-related estimates
are based on the October 29, 2021, Licensing and Insurance, Motor
Carrier Management Information System, and Safety Measurement System
snapshots. Current property

carrier related estimates are based on the November 26, 2021, Licensing
and Insurance, Motor Carrier Management Information System, and Safety
Measurement System snapshots. The data pulled for the current ICR shows
an increase in the overall number of affected property carriers and a
decrease in the overall number of affected passenger carriers from the
data used in the previous ICR. The increase in the number of affected
property carriers was greater than the decrease in the overall number
of affected passenger carriers which resulted in an increase in the
overall burden hours associated with this ICR.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information.
    Issued under the authority of 49 CFR 1.87.

Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2022-21978 Filed 10-7-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Notices]
[Page 58263]
[FR Doc No: 2023-18394]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 6115-016]

Pyrites Hydro, LLC; Notice of Intent To Prepare an Environmental
Assessment

    On August 31, 2021, Pyrites Hydro, LLC filed a relicense
application for the 8.2-megawatt Pyrites Hydroelectric Project No. 6115
(project). The project is located on the Grass River near the Town of
Canton in St. Lawrence County, New York.
    In accordance with the Commission's regulations, on June 13, 2023,
Commission staff issued a notice that the project was ready for
environmental analysis (REA Notice). Based on the information in the
record, including comments filed on the REA Notice, staff does not
anticipate that licensing the project would constitute a major Federal
action significantly affecting the quality of the human environment.
Therefore, staff intends to prepare an Environmental Assessment (EA) on
the application to relicense the project.
    The EA will be issued and circulated for review by all interested
parties. All comments filed on the EA will be analyzed by staff and
considered in the Commission's final licensing decision.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].
    The application will be processed according to the following
schedule. Revisions to the schedule may be made as appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Commission issues EA...................  February 2024.\1\
Comments on EA.........................  April 2024.
------------------------------------------------------------------------

    Any questions regarding this notice may be directed to Joshua Dub
at<PHONE_NUMBER> or [email protected].
---------------------------------------------------------------------------

    \1\ The Council on Environmental Quality's (CEQ) regulations
under 40 CFR 1501.10(b)(1) (2022) require that EAs be completed
within 1 year of the Federal action agency's decision to prepare an
EA. See National Environmental Policy Act, 42 U.S.C. 4321 et seq.,
as amended by section 107(g)(1)(B)(iii) of the Fiscal Responsibility
Act of 2023, Public Law 118-5, 4336a, 137 Stat. 42.

    Dated: August 21, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-18394 Filed 8-24-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2306-2309]
[FR Doc No: 2018-00600]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No.; FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2001-9258; FMCSA-
2001-10578; FMCSA-2002-11426; FMCSA-2002-12844; FMCSA-2003-15892;
FMCSA-2003-16241; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2007-27897;
FMCSA-2008-0231; FMCSA-2009-0054; FMCSA-2009-0154; FMCSA-2009-0206;
FMCSA-2011-0092; FMCSA-2011-0124; FMCSA-2011-0142; FMCSA-2011-0276;
FMCSA-2011-26690; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028;
FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166;
FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2014-0303; FMCSA-2015-0055;
FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0071; FMCSA-2015-0072]

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 exemptions for 109
individuals from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to continue to
operate CMVs in interstate commerce without meeting the vision
requirements in one eye.

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 February
15, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No.; FMCSA-1999-5578; FMCSA-1999-5748;
FMCSA-2001-9258; FMCSA-2001-10578; FMCSA-2002-11426; FMCSA-2002-12844;
FMCSA-2003-15892; FMCSA-2003-16241; FMCSA-2005-21711; FMCSA-2005-22194;
FMCSA-2007-27897; FMCSA-2008-0231; FMCSA-2009-0054; FMCSA-2009-0154;
FMCSA-2009-0206; FMCSA-2011-0092; FMCSA-2011-0124; FMCSA-2011-0142;
FMCSA-2011-0276; FMCSA-2011-26690; FMCSA-2013-0025; FMCSA-2013-0027;
FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0165;
FMCSA-2013-0166; FMCSA-2013-0168; FMCSA-2013-0169; FMCSA-2014-0303;
FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0071;
FMCSA-2015-0072 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.,
ET, 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., ET, Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, ET,
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.,
ET, 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 vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.
    The 109 individuals listed in this notice have requested renewal of
their exemptions from the vision standard in 49 CFR 391.41(b)(10), 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

    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. In accordance with 49 U.S.C. 31136(e) and 31315, each of
the 109 applicants has satisfied the renewal conditions for obtaining
an exemption from the vision requirement (64 FR 27027; 64 FR 40404; 64
FR 51568; 64 FR 66962; 66 FR 17743; 66 FR 33990; 66 FR 53826; 66 FR
63289; 66 FR 66966; 67 FR 10471; 67 FR 19798; 67 FR 68719; 68 FR 2629;
68 FR 35772; 68 FR 52811; 68 FR 61857; 68 FR 61860; 68 FR 64944; 68 FR
69434; 68 FR 75715; 69 FR 19611; 70 FR 33937; 70 FR 48797; 70 FR 53412;
70 FR 57353; 70 FR 61165; 70 FR 61493; 70 FR 67776; 70 FR 72689; 70 FR
74102; 71 FR 646; 72 FR 32705; 72 FR 39879; 72 FR 40360; 72 FR 52419;
72 FR 62897; 72 FR 64273; 72 FR 71993; 72 FR 71998; 73 FR 46973; 73 FR
54888; 74 FR 11988; 74 FR 21427; 74 FR 26464; 74 FR 34632; 74 FR 37295;
74 FR 41971; 74 FR 43217; 74 FR 48343; 74 FR 53581; 74 FR 57551; 74 FR
60021; 74 FR 62632; 74 FR 65846; 76 FR 25766; 76 FR 29026; 76 FR 34135;
76 FR 34136; 76 FR 37885; 76 FR 44652; 76 FR 49528; 76 FR 49531; 76 FR
53708; 76 FR 54530; 76 FR 55463; 76 FR 61143; 76 FR 64169; 76 FR 64171;
76 FR 66123; 76 FR 67248; 76 FR 70210; 76 FR 70215; 76 FR 75942; 76 FR
75943; 76 FR 78729; 76 FR 79761 ;78 FR 20376; 78 FR 24798; 78 FR 27281;
78 FR 30954; 78 FR 34141; 78 FR 34143; 78 FR 37270; 78 FR 41188; 78 FR
41975; 78 FR 46407; 78 FR 47818; 78 FR 52602; 78 FR 56986; 78 FR 62935;
78 FR 63302; 78 FR 63307; 78 FR 64274; 78 FR 64280; 78 FR 65032; 78 FR
66099; 78 FR 67452; 78 FR 67454; 78 FR 67460; 78 FR 67462; 78 FR 68137;
78 FR 76395; 78 FR 77778; 78 FR 77780; 78 FR 77782; 78 FR 78477; 79 FR
4531; 79 FR 4803; 80 FR 14240; 80 FR 31640; 80 FR 33007; 80 FR 33324;
80 FR 37718; 80 FR 44185; 80 FR 44188; 80 FR 48402; 80 FR 48411; 80 FR
50917; 80 FR 59225; 80 FR 59230; 80 FR 62161; 80 FR 63869; 80 FR 67472;
80 FR 67476; 80 FR 67481; 80 FR 70060; 81 FR 11642; 81 FR 1284; 81 FR
15404; 81 FR 16265). They have 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.
    In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of December
and are discussed below:
    As of December 3, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 48 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (64 FR 40404; 64 FR 66962; 66 FR
17743; 66 FR 33990; 66 FR 63289; 67 FR 68719; 68 FR 2629; 68 FR 35772;
68 FR 52811; 68 FR 61860; 68 FR 64944; 70 FR 33937; 70 FR 48797; 70 FR
61165; 70 FR 61493; 70 FR 67776; 72 FR 39879; 72 FR 40360; 72 FR 52419;
72 FR 64273; 73 FR 46973; 73 FR 54888; 74 FR 11988; 74 FR 21427; 74 FR
34632; 74 FR 37295; 74 FR 41971; 74 FR 48343; 74 FR 53581; 74 FR 62632;
76 FR 25766; 76 FR 29026; 76 FR 34136; 76 FR 37885; 76 FR 44652; 76 FR
49531; 76 FR 53708; 76 FR 54530; 76 FR 55463; 76 FR 64171; 76 FR 70215;
78 FR 20376; 78 FR 24798; 78 FR 27281; 78 FR 30954; 78 FR 34141; 78 FR
34143; 78 FR 37270; 78 FR 41188; 78 FR 41975; 78 FR 46407; 78 FR 47818;
78 FR 52602; 78 FR 56986; 78 FR 63307; 78 FR 64280; 78 FR 68137; 78 FR
77782; 78 FR 78477; 79 FR 4531; 80 FR 14240; 80 FR 31640; 80 FR 33007;
80 FR 33324; 80 FR 37718; 80 FR 44185; 80 FR 44188; 80 FR 48402; 80 FR
48411; 80 FR 50917; 80 FR 59225; 80 FR 59230; 80 FR 62161; 80 FR 63869;
80 FR 67472; 80 FR 67476; 81 FR 11642; 81 FR 1284; 81 FR 15404):

Charles R. Airey (MD)
Thomas E. Adams (IN)
Christopher L. Bagby (VA)
Joseph A. Batista (PA)
Rickie L. Boone (NC)
Jerry A. Bordelon (LA)
Timothy V. Burke (CO)
Wescott Clarke (MA)
Gene B. Clyde (NY)
Joseph Coelho (RI)
Duane C. Conway (NV)
William J. Corder (NC)
Jose C. Costa (WA)
Jon K. Dale (UT)
Thomas P. Davidson (NJ)
Elhadji M. Faye (CA)
Jason R. Gast (MO)
Edward J. Genovese (IN)
Nirmal S. Gill (CA)
Roger J. Hansen (WI)
Bradley O. Hart (UT)
Dean M. Hobson (IL)
Jesus J. Huerta (NV)
Elmer G. Isenhart (OH)
Nathan H. Jacobs (NM)
Donald L. Jensen (SD)
Darrell W. Knorr (IL)
Dale R. Knuppel (CO)
Carmelo A. Lana (NJ)
Michael Lancette (WI)
Keith A. Lang (TX)
Larry W. Lunde (WA)
Rodney M. Mimbs (GA)
Michael A. Mitchell (MS)
Dennis L. Morgan (WA)
Clarence L. Ogle (SD)
Dennis R. Ohl (MO)

James A. Parker (PA)
Chris A. Ritenour (MI)
Danilo A. Rivera (MD)
Steven L. Roberts (AR)
Michael J. Schmelzle (KS)
Ralph J. Schmitt (CO)
Wesley C. Slattery (KS)
Mark R. Stevens (IA)
Gerry W. Talbott (VA)
Daniel R. Viscaya (NC)
Paul B. Williams (NY)

    The drivers were included in docket numbers FMCSA-1999-5748; FMCSA-
2001-9258; FMCSA-2002-12844; FMCSA-2003-15892; FMCSA-2005-21711; FMCSA-
2007-27897; FMCSA-2008-0231; FMCSA-2009-0054; FMCSA-2009-0154; FMCSA-
2011-0092; FMCSA-2011-0124; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-
2013-0028; FMCSA-2013-0029; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-
2014-0303; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-
2015-0071). Their exemptions are applicable as of December 3, 2017, and
will expire on December 3, 2019.
    As of December 5, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following seven individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirements (66
FR 17743; 66 FR 33990; 68 FR 35772; 70 FR 33937; 72 FR 32705; 74 FR
26464; 74 FR 43217; 74 FR 57551; 76 FR 34135; 76 FR 64169; 76 FR 66123;
76 FR 75943; 78 FR 62935; 78 FR 65032; 78 FR 76395; 78 FR 77782; 80 FR
67481):

Kevin G. Clem (SD)
Rocky J. Lachney (LA)
Chase L. Larson (WA)
Herman G. Lovell (OR)
Robert E. Smith (CT)
Fred L. Stotts (OK)
Randell K. Tyler (AL)

    The drivers were included in docket numbers FMCSA-2001-9258; FMCSA-
2009-0206; FMCSA-2011-26690; FMCSA-2013-0166. Their exemptions are
applicable as of December 5, 2017, and will expire on December 5, 2019.
    As of December 6, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirements (70
FR 57353; 70 FR 72689; 72 FR 62897; 74 FR 60021; 76 FR 70210; 78 FR
66099; 80 FR 67481):

Thomas C. Meadows (NC)
David A. Morris (TX)
Richard P. Stanley (MA)
Scott A. Tetter (IL)

    The drivers were included in docket number FMCSA-2005-22194. Their
exemptions are applicable as of December 6, 2017, and will expire on
December 6, 2019.
    As of December 15, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 12 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirements (80
FR 70060; 81 FR 16265):

Stephen W. Barrows (OR)
Charles W. Bradley (SC)
Ricky A. Bray (AR)
Jerry W. Gibson (TX)
Michael D. Judy (KS)
Joel H. Kohagen (IA)
Kelly K. Kremer (OR)
Edward R. Lockhart (MS)
Rodolfo Martinez (TX)
Tobias G.E. Olsen (ND)
Gregory A. Woodward (OR)
Alton R. Young (MS)

    The drivers were included in docket number FMCSA-2015-0072. Their
exemptions are applicable as of December 15, 2017, and will expire on
December 15, 2019.
    As of December 17, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirements (78
FR 62935; 78 FR 76395; 80 FR 67481):

Herbert R. Brenner (ME)
Henry D. Smith (NC)
Kolby W. Strickland (WA)

    The drivers were included in docket number FMCSA-2013-0166. Their
exemptions are applicable as of December 17, 2017, and will expire on
December 17, 2019.
    As of December 22, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirements (76
FR 49528; 76 FR 61143; 76 FR 67248; 76 FR 79761; 78 FR 67460; 80 FR
67481): Robert E. Morgan, Jr. (GA), David M. Taylor (MO).
    The drivers were included in docket numbers FMCSA-2013-0168; FMCSA-
2013-0169. Their exemptions are applicable as of December 22, 2017, and
will expire on December 22, 2019.
    As of December 24, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 16 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirements (78
FR 63302; 78 FR 64274; 78 FR 77778; 78 FR 77780; 80 FR 67481):

Lawrence A. Angle (MO)
Ernest J. Bachman (PA)
Wayne Barker (OK)
Eugene R. Briggs (MI)
Matthew S. Burns (OH)
Lee A. DeHaan (SD)
Bradley R. Dishman (KY)
Thomas G. Gholston (MS)
Chad A. Miller (IA)
William L. Paschall (MD)
Kerry R. Powers (IN)
Eugene D. Self, Jr. (NC)
Mark P. Thiboutot (NH)
Robert Thomas (PA)
Herman D. Truewell (FL)
Janusz K. Wis (IL)
    The drivers were included in docket numbers FMCSA-2013-0168; FMCSA-
2013-0169. Their exemptions are applicable as of December 24, 2017, and
will expire on December 24, 2019.
    As of December 27, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 13 individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirements (64
FR 27027; 64 FR 51568; 66 FR 53826; 66 FR 63289; 66 FR 66966; 67 FR
10471; 67 FR 19798; 68 FR 64944; 68 FR 69434; 69 FR 19611; 70 FR 48797;
70 FR 53412; 70 FR 57353; 70 FR 61493; 70 FR 67776; 70 FR 72689; 70 FR
74102; 74 FR 37295; 74 FR 48343; 74 FR 60021; 76 FR 75942; 78 FR 67452;
80 FR 67481):

Stanley E. Elliott (UT)
Elmer E. Gockley (PA)
Glenn T. Hehner (KY)
Vladimir M. Kats (NC)
Randall B. Laminack (TX)
Robert W. Lantis (MT)
Jerry L. Lord (PA)
Eldon Miles (IN)
Neal A. Richard (LA)
Rene R. Trachsel (OR)
Stanley W. Tyler, Jr. (NC)
Kendle F. Waggle, Jr. (IN)
DeWayne Washington (NC)

    The drivers were included in docket numbers FMCSA-1999-5578; FMCSA-
2001-10578; FMCSA-2002-11426; FMCSA-2005-21711; FMCSA-2005-22194;
FMCSA-2009-0154. Their exemptions are applicable as of December 27,
2017, and will expire on December 27, 2019.
    As of December 31, 2017, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirements (66
FR 53826; 66 FR 66966; 68 FR 61857; 68 FR 69434; 68 FR 75715; 70 FR
74102; 71 FR 646; 72 FR 71993; 72 FR 71998; 74 FR 65846; 76 FR 78729;
78 FR 67454; 78 FR 67462; 79 FR 4803; 80 FR 67481):

Martiniano L. Espinosa (FL)
Dustin K. Heimbach (PA)
Lonni Lomax, Jr. (IL)
John H. Voigts (AZ)

    The drivers were included in docket numbers FMCSA-2001-10578;

FMCSA-2003-16241. Their exemptions are applicable as of December 31,
2017, and will expire on December 31, 2019.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must undergo an annual physical examination (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 certified Medical Examiner, as defined by 49 CFR 390.5,
who attests that the driver is otherwise physically qualified under 49
CFR 391.41; (2) each driver must provide a copy of the
ophthalmologist's or optometrist's report to the Medical Examiner at
the time of the annual medical examination; and (3) 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 if he/her 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 109 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the vision
requirement in 49 CFR 391.41(b)(10), subject to the requirements cited
above. In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for two years unless revoked earlier by FMCSA.

    Issued on: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00600 Filed 1-12-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: November 19, 2009 (Volume 74, Number 222)]
[Notices]
[Page 59971-59972]
[DOCID:fr19no09-41]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket No. CP10-13-000]

Wyoming Interstate Company, Ltd.; Notice of Application

November 13, 2009.
    Take notice that on November 4, 2009, Wyoming Interstate Company,
Ltd. (WIC) whose mailing address is Post Office Box 1087, Colorado
Springs, Colorado, 80944, filed an Application for a Certificate of
Public Convenience and Necessity in Docket No. CP10-13-000, pursuant to
Section 7(c) of the Natural Gas Act, to modify existing its facilities,
construct and operate new facilities for the WIC 2010 System
Enhancement Project, all as more fully set forth in the application on
file with the Commission and open for public inspection. This filing is
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.fer.gov using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.
    Any questions regarding WIC's application should be directed to:
Richard Derryberry, Director, Regulatory Affairs Department, Wyoming
Interstate Company, Ltd., Post Office Box 1087,

Colorado Springs, Colorado 80904; Phone<PHONE_NUMBER>.
    The WIC 2010 System Enhancement Project includes: (1) The
modification of one of the two Taurus 70 compressor installed at WIC's
Wamsutter Compressor Station, in Sweetwater County, Wyoming, to improve
delivery capabilities at the Wamsutter Compressor Station (Wamsutter);
(2) the modification of piping and measurement facilities at WIC's
Cheyenne Compressor Station (Cheyenne) in Weld County, Colorado, to
allow for bi-directional flow on WIC's mainline system between Cheyenne
and Wamsutter; and (3) the construction of a 2.43-mile, 20-inch lateral
pipeline from the modified Wamsutter Compressor Station to a new
interconnect and meter station with Questar Overthrust Pipeline Company
(Overthrust) and a new interconnection at an existing meter station
between WIC and Rockies Express Pipeline, LLC, (REX), all in Sweetwater
County, Wyoming.
    The proposed project will provide about 285,000 dekatherms per day
(Dth/d) of transportation capacity from Cheyenne to Wamsutter with
delivery capabilities to Overthrust and REX. So far, 97,500 Dth/d of
that amount has been subscribed and the remaining 187,5000 MDth/d of
east-to west delivery capability will be available at Wamsutter for
WIC's existing and new shippers on a primary firm or alternate basis.
WIC is requesting that the Section 7(c) authorization for the above
activities be issued by June 1, 2010, in order to meet a projected in-
service date of October 31, 2010.
    Pursuant to Section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
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. 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).
    Comment Date: December 7, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-27811 Filed 11-18-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 31, 2008 (Volume 73, Number 212)]
[Notices]
[Page 65004]
[DOCID:fr31oc08-127]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Request Revision From the Office of
Management and Budget of a Currently Approved Information Collection
Activity, Request for Comments; Operating Requirements: Domestic, Flag,
and Supplemental Operations

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: The FAA invites public comments about our intention to request
the Office of Management and Budget (OMB) to approve a current
information collection. The information collected is used to determine
air operators' compliance with the minimum safety standards set out in
the regulation and the applicant's eligibility for air operations
certification.

DATES: Please submit comments by December 30, 2008.

FOR FURTHER INFORMATION CONTACT: Carla Mauney on<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Federal Aviation Administration (FAA)

    Title: Operating Requirements: Domestic, Flag, and Supplemental
Operations.
    Type of Request: Extension without change of an approved
collection.
    OMB Control Number: 2120-0008.
    Form(s): FAA Form 8070-1.
    Affected Public: A total of 100 Respondents.
    Frequency: The information is collected on occasion.
    Estimated Average Burden per Response: Approximately 14.63 hours
per response.
    Estimated Annual Burden Hours: An estimated 1,298,589 hours
annually.
    Abstract: 14 CFR Part 121 prescribes the requirements governing air
carrier operations. The information collected is used to determine air
operators' compliance with the minimum safety standards set out in the
regulation and the applicant's eligibility for air operations
certification.

ADDRESSES: Send comments to the FAA at the following address: Ms. Carla
Mauney, Room 712, Federal Aviation Administration, IT Enterprises
Business Services Division, AES-200, 800 Independence Ave., SW.,
Washington, DC 20591.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimates of the burden of
the proposed information collection; ways to enhance the quality,
utility and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.

    Issued in Washington, DC, on October 24, 2008.
Carla Mauney,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. E8-25947 Filed 10-30-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 80, Number 22 (Tuesday, February 3, 2015)]
[Notices]
[Page 5747]
[FR Doc No: 2015-01998]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 9685-030]

Trafalgar Power, Inc.; Ampersand Cranberry Lake Hydro, LLC;
Notice of Application for Transfer of License and Soliciting Comments
and Motions To Intervene

    On December 5, 2014 and supplemented on January 13, 2015, Trafalgar
Power, Inc. (transferor) and Ampersand Cranberry Lake Hydro, LLC
(transferee) filed an application for transfer of license of the
Cranberry Lake Hydroelectric Project, FERC No. 9685. The project is
located on the Oswegatchie River in St. Lawrence, County, New York.
    The transferor and transferee seek Commission approval to transfer
the license for the Cranberry Lake Hydroelectric Project from the
transferor to the transferee.
    Applicant Contact: For Transferor: Mr. Arthur Steckler, President,
Trafalgar Power, Inc., 11010 Lake Grove Blvd., Suite 100, Box 353,
Morrisville, NC 27560-7392. For Transferee: Mr. Lutz Loegters,
Ampersand Cranberry Lake Hydro LLC, c/o Ampersand Hydro, LLC, 717
Atlantic Avenue, Suite 1A, Boston, MA 02111.
    FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>.
    Deadline for filing comments and motions to intervene: 30 days from
the issuance date of this notice, by the Commission. The Commission
strongly encourages electronic filing. Please file motions to intervene
and comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. 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. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-9685-030.

    Dated: January 27, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-01998 Filed 2-2-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Notices]
[Pages 80760-80761]
[FR Doc No: 2015-32572]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP16-31-000]

Columbia Gas Transmission, LLC;

Notice of Request Under Blanket Authorization

    Take notice that on December 10, 2015 Columbia Gas Transmission,
LLC (Columbia Gas), 5151 San Felipe, Suite 2500, Houston, Texas 77056
filed a prior notice request pursuant to sections 157.205 and 157.210
of the Commission's regulations under the Natural Gas Act for
authorization to convert existing compressor units from base load to
standby mode at the Cleveland Compressor Station, located in Upshur
County, WV and the Files Creek Compressor Station, located in Randolph
County, WV. Columbia Gas states that there will be no impact on
Columbia's overall capacity and certified horsepower, all as more fully
set forth in the application which is on file with the Commission and
open to public inspection. The filing may also be viewed on the web at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket
number excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Any questions regarding this Application should be directed to
Tyler R. Brown, Senior Counsel, Columbia Gas Transmission, LLC, 5151
San Felipe, Suite 2500, Houston, Texas 77056, by calling (713) 386-
3797, or by email at<EMAIL_ADDRESS>    Any person may, within 60 days after the issuance of the instant
notice by the Commission, file pursuant to Rule 214 of the Commission's
Procedural Rules (18 CFR 385.214) a motion to intervene or notice of
intervention. Any person filing to intervene or the Commission's staff
may, pursuant to section 157.205 of the Commission's Regulations under
the NGA (18 CFR 157.205) file a protest to the request. If no protest
is filed within the time allowed therefore, the proposed activity shall
be deemed to be authorized effective the day after the time allowed for
protest. If a protest is filed and not withdrawn within 30 days after
the time allowed for filing a protest, the instant request shall be
treated as an application for authorization pursuant to section 7 of
the NGA.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record

for this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenter's will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenter's will not be required to serve copies of filed
documents on all other parties. However, the non-party commentary, will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests, and interventions via the internet in lieu of paper. See 18
CFR 385.2001(a) (1) (iii) and the instructions on the Commission's Web
site (www.ferc.gov) under the ``e-Filing'' link. Persons unable to file
electronically should submit original and 5 copies of the protest or
intervention to the Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426.

    Dated: December 21, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-32572 Filed 12-24-15; 8:45 am]
 BILLING CODE 6717-01-P