[Federal Register: August 4, 2008 (Volume 73, Number 150)]
[Notices]
[Page 45262-45263]
[DOCID:fr04au08-79]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58235; File No. SR-NYSE-2008-59]

Self-Regulatory Organizations; New York Stock Exchange, LLC;
Notice of Filing of Proposed Rule Change To Reduce the Period Within
Which Companies Must Issue a Press Release After the Exchange Notifies
Them That They Are Noncompliant With Exchange Listing Requirements

July 28, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Exchange Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is
hereby given that on July 22, 2008, New York Stock Exchange, LLC (the
``NYSE'' or the ``Exchange'') filed with the Securities and Exchange
Commission (the ``Commission'' or ``SEC'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Sections 802.02 and 802.03 of the
Exchange's Listed Company Manual (the ``Manual'') to provide that the
Exchange will require a U.S. company, upon receiving written
notification that it has fallen below the Exchange's listing standards,
to issue a press release within the same amount of time as allotted by
the SEC for the company to disclose such an occurrence, but in no event
later than four business days after receipt of such notification, and
will require a non-U.S. company to issue a press release within 30 days
of receiving written notification from the Exchange that it has fallen
below the Exchange's listing standards. The text of the proposed rule
change is available at http://www.nyse.com, the NYSE, and the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Sections 802.02 and 802.03 of the
Manual to provide that the Exchange will require a U.S. company, upon
receipt of written notification that it has fallen below the Exchange's
listing standards, issue a press release within the amount of time
allotted by the SEC for companies to disclose such an occurrence. The
Exchange will also require a non-U.S. company to issue a press release
within 30 days of receiving written notification that it has fallen
below the Exchange's listing standard.
    Currently, Section 802.02 of the Manual requires a U.S. company to
issue a press release within 45 days of receiving written notification
from the Exchange that it has fallen below the Exchange's listing
standards. However, SEC rules require the company to file a Form 8-K
giving notice of that event within four business days of being notified
by the Exchange.\3\ The Exchange believes that its own requirement is
too long in light of the much earlier public notice required by the
Form 8-K rule and that it is appropriate for the Exchange to issue a
press release on the subject itself if the company has not acted within
the period provided by Form 8-K and in any event no later than four
business days after receipt of notification from the Exchange. The
Exchange notes that companies that are incorporated in jurisdictions
outside the United States but that do not qualify as foreign private

issuers are treated as domestic companies for purposes of Section
802.02.
---------------------------------------------------------------------------

    \3\ Item 3.01 of Form 8-K requires a registrant to file a Form
8-K within four business days of receipt of notice from the national
securities exchange that maintains the principal listing for any
class of the registrant's common equity that the registrant or such
class of the registrant's securities does not satisfy a rule or
standard for continued listing on the exchange.
---------------------------------------------------------------------------

    Currently, Section 802.03 of the Manual requires a non-U.S. company
to issue a press release within 90 days of receiving written
notification from the Exchange that it has fallen below the Exchange's
listing standards. While foreign private issuers are not subject to the
Form 8-K requirement imposed on domestic issuers, the Exchange believes
that 90 days is an excessive period to give companies to make such a
material disclosure. Based on our experience with these companies, 30
days would be more than sufficient. As such, the Exchange proposes to
shorten from 90 to 30 days the period within which foreign private
issuers must issue a press release with regard to a notification by the
Exchange of noncompliance. If the issuer does not issue a press release
within that 30-day period, the Exchange will do so.
    While Sections 802.02 and 802.03 establish maximum time periods for
the issuance of press releases, the Exchange believes that companies
should issue their press releases concerning any notice of
noncompliance they receive from the Exchange as soon as possible after
receipt of such notification and should not wait until close to the end
of the permitted period before doing so.
2. Statutory Basis
    The basis under the Exchange Act for this proposed rule change is
the requirement under Section 6(b)(5) \4\ that an Exchange have rules
that are designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system and, in general, to protect
investors and the public interest. In particular, the Exchange believes
that the proposed amendment protects investors and the public interest
by ensuring the prompt disclosure of material information with respect
to listed companies.
---------------------------------------------------------------------------

    \4\ 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 purpose of the Exchange 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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

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 Exchange 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-2008-59 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-NYSE-2008-59. 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, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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-2008-59 and should be
submitted on or before August 25, 2008.
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\5\
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-17761 Filed 8-1-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Notices]
[Page 47578]
[FR Doc No: 2011-19940]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the eLibrary link. Enter the docket number, excluding the last three
digits, in the docket number field to access the document. For
assistance, please contact FERC, Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

----------------------------------------------------------------------------------------------------------------
                  Docket No.                       File Date                 Presenter or requester
----------------------------------------------------------------------------------------------------------------
1. P-739-022..................................         7-14-11  Hon. H. Morgan Griffith.
2. P-2149-152.................................         7-14-11  Hon. Doc Hastings.
3. P-12737-002................................         7-20-11  Dr. James D. Price.\1\
----------------------------------------------------------------------------------------------------------------
\1\ Record of e-mail exchanges with staff.

    Dated: August 1, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-19940 Filed 8-4-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 10, 2010 (Volume 75, Number 89)]
[Notices]
[Page 25898-25899]
[DOCID:fr10my10-95]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62009; File No. SR-Phlx-2010-64]

Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
to Rebates for Adding and Fees for Removing Liquidity

April 30, 2010.
    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 April 26, 2010, NASDAQ OMX PHLX, Inc. (``Phlx'' or ``Exchange'')
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 the Exchange. Phlx has designated this
proposal as one establishing or changing a member due, fee, or other
charge imposed 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
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's Fee Schedule to
increase the number of options to be included in the Exchange's current
schedule of transaction rebates for adding, and fees for removing,
liquidity.
    While changes to the Fee Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated these changes to be
operative for transactions settling on or after May 3, 2010.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqtrader.com/micro.aspx?id=PHLXfilings, at the
principal office of the Exchange, at the Commission's Public Reference
Room, and on the Commission's Web site at http://www.sec.gov.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The 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
    The Exchange proposes to increase liquidity and to attract order
flow by increasing the number of options to be included in the
Exchange's current schedule of rebates for adding liquidity, and fees
for removing liquidity.
    Specifically, the Exchange proposes to add the following options:
Brocade Communications Systems, Inc. (``BRCD''); International Business
Machines Corp., (``IBM''); Nokia Corp. (``NOK''); Sirius XM Radio, Inc.
(``SIRI''); and Direxion Daily Small Cap Bear 3X Shares (``TZA'')
collectively (``the options''). The options would be subject to the
rebates for adding and fees for removing liquidity.
    The Exchange currently assesses a per-contract transaction charge
in various select symbols \5\ (the ``select Symbols'') on six different
categories of market participants that submit orders and/or quotes that
remove, or ``take,'' liquidity from the Exchange: (i) Specialists,
Registered Options Traders (``ROTs''), Streaming Quote Traders
(``SQTs'') \6\ and Remote Streaming Quote

Traders (``RSQTs''); \7\ (ii) customers; \8\ (iii) specialists, SQTs
and RSQTs that receive Directed Orders (``Directed Participants'' \9\
or ``Directed Specialists, RSQTs, or SQTs'' \10\); (iv) Firms; (v)
broker-dealers; and (vi) Professionals.\11\ The current per-contract
transaction charge depends on the category of market participant
submitting an order or quote to the Exchange that removes liquidity.
---------------------------------------------------------------------------

    \5\ The fees and rebates for adding and removing liquidity are
applicable to executions in options overlying AA, AAPL, AIG, ALL,
AMD, AMR, AMZN, BAC, C, CAT, CSCO, DELL, DIA, DRYS, EK, F, FAS, FAZ,
GDX, GE, GLD, GS, INTC, IWM, JPM, LVS, MGM, MSFT, MU, NEM, PALM,
PFE, POT, QCOM, QQQQ, RIMM, SBUX, SKF, SLV, SMH, SNDK, SPY, T, UAUA,
UNG, USO, UYG, VZ, WYNN, X and XLF (``Symbols'').
    \6\ An SQT is an Exchange Registered Options Trader (``ROT'')
who has received permission from the Exchange to generate and submit
option quotations electronically through an electronic interface
with AUTOM via an Exchange approved proprietary electronic quoting
device in eligible options to which such SQT is assigned. See
Exchange Rule 1014(b)(ii)(A).
    \7\ An RSQT is an ROT that is a member or member organization
with no physical trading floor presence who has received permission
from the Exchange to generate and submit option quotations
electronically through AUTOM in eligible options to which such RSQT
has been assigned. An RSQT may only submit such quotations
electronically from off the floor of the Exchange. See Exchange Rule
1014(b)(ii)(B).
    \8\ This applies to all customer orders, directed and non-
directed.
    \9\ For purposes of the fees and rebates related to adding and
removing liquidity, a Directed Participant is a Specialist, SQT, or
RSQT that executes a customer order that is directed to them by an
Order Flow Provider and is executed electronically on PHLX XL II.
    \10\ See Exchange Rule 1080(l), ``* * * The term `Directed
Specialist, RSQT, or SQT' means a specialist, RSQT, or SQT that
receives a Directed Order.'' A Directed Participant has a higher
quoting requirement as compared with a specialist, SQT or RSQT who
is not acting as a Directed Participant. See Exchange Rule 1014.
    \11\ The Exchange defines a ``professional'' as any person or
entity that (i) is not a broker or dealer in securities, and (ii)
places more than 390 orders in listed options per day on average
during a calendar month for its own beneficial account(s)
(hereinafter ``Professional'').
---------------------------------------------------------------------------

    The Exchange also currently assesses a per-contract rebate of
transaction charges for orders or quotations that add liquidity in the
select Symbols. The amount of the rebate depends on the category of
participant whose order or quote was executed as part of the Phlx Best
Bid and Offer.
    The Exchange proposes to add the five additional options to the
list of select Symbols and apply the applicable fees and rebates to
these options.
    While changes to the Fee Schedule pursuant to this proposal are
effective upon filing, the Exchange has designated these changes to be
operative for transactions settling on or after May 3, 2010.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \12\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \13\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members. The Exchange believes that
the addition of the options to the rebates for adding and fees for
removing liquidity is reasonable and equitable in that it will apply to
all categories of participants in the same manner.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

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

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)(ii) of the Act \14\ and paragraph (f)(2) of Rule 19b-4 \15\
thereunder. 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.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \15\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2010-64 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, Station Place, 100 F Street, NE., Washington,
DC 20549-1090.
    All submissions should refer to File Number SR-Phlx-2010-64. 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 Web site
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 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
publicly available. All submissions should refer to File Number SR-
Phlx-2010-64 and should be submitted on or before June 1, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-10961 Filed 5-7-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Notices]
[Pages 13492-13493]
[FR Doc No: 2023-04384]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0051]

Hours of Service of Drivers: John Olier; Application for
Exemption

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

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

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

SUMMARY: FMCSA announces that John Olier requests an exemption from the
11-, 14-, and 70-hour hours of service (HOS) regulations along with all
``mandatory break'' periods which would include the 10-hour and 30-
minute break requirements. The applicant requests a permanent exemption
for himself and believes that his safe driving record and experience
demonstrate an equivalent level of safety. FMCSA requests public
comment on the applicant's request for exemption.

DATES: Comments must be received on or before April 3, 2023.

ADDRESSES: You may submit comments identified by Federal Docket
Management System Number (FDMS) FMCSA-2023-0051 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Docket Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Each submission must include the Agency name and the docket number
(FMCSA-2023-0051) for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, 20590-0001 between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting
Dockets Operations.
    Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice DOT/ALL-14 FDMS, which can be reviewed at
https://www.transportation.gov/privacy, the comments are searchable by
the name of the submitter.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards;<PHONE_NUMBER> or [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Dockets Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2023-0051), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put
the docket number ``FMCSA-2023-0051'' in the ``Keyword'' box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, click the ``Comment'' button, and type your
comment into the text box on the following screen. Choose whether you
are submitting your comment as an individual or on behalf of a third
party and then submit. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope. FMCSA
will consider all comments and material received during the comment
period.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from certain Federal Motor Carrier Safety Regulations. FMCSA
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must also provide
an opportunity for public comment on the request.
    The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level

of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

III. Applicant's Request

    John Olier requests a permanent exemption from 49 CFR 395.3(a)(1)--
the requirement for 10 consecutive hours off duty; section
395.3(a)(2)--the 14 hour ``driving window;'' section 395.3(a)(3)--the
11-hour driving time limit; section 395.3(a)(3)(ii)--the 30-minute
break requirement; and section 395.3(b)(2)--the 70-hours-in-8-day
limit.
    A copy of Mr. Olier's application for exemption is included in the
docket for this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on John Olier's application for an
exemption from provisions in the Federal HOS regulations in 49 CFR part
395. All comments received before the close of business on the comment
closing date indicated at the beginning of this notice will be
considered and will be available for examination in the docket at the
location listed under the Addresses section of this notice. Comments
received after the comment closing date will be filed in the public
docket and will be considered to the extent practicable. In addition to
late comments, FMCSA will continue to file, in the public docket,
relevant information that becomes available after the comment closing
date. Interested persons should continue to examine the public docket
for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-04384 Filed 3-2-23; 8:45 am]
BILLING CODE 4910-EX-P