[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Notices]
[Pages 70060-70065]
[FR Doc No: 2015-28741]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0072]

Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces receipt of applications from 40 individuals
for exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations. They are unable to meet the vision requirement in
one eye for various reasons. The exemptions will enable these
individuals to operate commercial motor vehicles (CMVs) in interstate
commerce without meeting the prescribed vision requirement in one eye.
If granted, the exemptions would enable these individuals to qualify as
drivers of commercial motor vehicles (CMVs) in interstate commerce.

DATES: Comments must be received on or before December 14, 2015. All
comments will be investigated by FMCSA. The exemptions will be issued
the day after the comment period closes.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2015-0072 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers 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., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' FMCSA can renew exemptions at the end of each
2-year period. The 40 individuals listed in this notice have each
requested such an exemption from the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.

II. Qualifications of Applicants

 W. Adams

    Mr. Adams, 57, has had a prosthetic left eye since childhood. The
visual acuity in his right eye is 20/20, and in his left eye, no light
perception. Following an examination in 2015, his optometrist stated,
``If commercial drivers are allowed to drive monocularly. His right has
adequate acuity/color/side vision as any 60 year old eye is expected as
normal for age group.'' Mr. Adams reported that he has driven straight
trucks for 9 years, accumulating 144,000 miles, tractor-trailer
combinations for 13 years, accumulating 1.69 million miles, and buses
for 1 year, accumulating 5,000 miles. He holds an operator's license
from Tennessee. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

David R. Alford

    Mr. Alford, 52, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/80, and in his left eye, 20/
20. Following an examination in 2015, his optometrist stated, ``Based
on my visual assessment Mr. Alford has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Alford
reported that he has driven straight trucks for 15 years, accumulating
72,000 miles. He holds an operator's license from Utah. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Randy S. Asher

    Mr. Asher, 59, has had aphakia in his right eye since childhood.
The visual acuity in his right eye is counting fingers, and in his left
eye, 20/20. Following an examination in 2015, his ophthalmologist
stated, ``That said, if his vision, visual fields, and color vision
tests as documented meet the criteria set forth by those with direct
knowledge of commercial vehicle operational visual requirements, then
he would seem to have sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Asher reported that he
has driven straight trucks for 30 years, accumulating 900,000 miles. He
holds an operator's license from Nebraska. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Steven W. Barrows

    Mr. Barrows, 67, has had a prosthetic right eye since childhood.
The visual acuity in his right eye is no light perception, and in his
left eye, 20/15. Following an examination in 2014, his ophthalmologist
stated, ``Mr. Barrows only has a left eye and has been monocular since
1961. In my opinion, he is safe to continue operating a commercial
vehicle.'' Mr. Barrows reported that he has driven straight trucks for
30 years, accumulating 97,500 miles, and tractor-trailer combinations
for 1.5 years, accumulating 30,000 miles. He holds a Class A Commercial
Driver's License (CDL) from Oregon. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Steven A. Blinco

    Mr. Blinco, 60, has complete loss of vision in his right eye due to
a traumatic incident in 1985. The visual acuity in his right eye is no
light perception, and in his left eye, 20/20. Following an examination
in 2015, his optometrist stated, ``The patient has sufficient vision to
perform the driving tasks required to operate commercial vehicle.'' Mr.
Blinco reported that he has driven straight trucks for 40 years,
accumulating 800,000 miles, and tractor-trailer combinations for 40
years, accumulating 3.2 million miles. He holds a Class A CDL from
Montana. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Charles W. Bradley

    Mr. Bradley, 53, has had a macular toxoplasmosis scar in his right
eye since birth. The visual acuity in his right eye is light
perception, and in his left eye, 20/20. Following an examination in
2015, his optometrist stated, ``It is my opinion that Mr. Bradley has
sufficient vision to safely perform the driving tasks required to
operate a commercial vehicle.'' Mr. Bradley reported that he has driven
straight trucks for 27 years, accumulating 54,000 miles. He holds an
operator's license from South Carolina. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.

Ricky A. Bray

    Mr. Bray, 61, has a prosthetic right eye due to a traumatic
incident in 1974. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2015, his optometrist stated, ``It is my opinion, based on the minimum
requirements, Ricky Bray has sufficient vision to operate a commercial
vehicle.'' Mr. Bray reported that he has driven straight trucks for 15
years, accumulating 1.88 million miles. He holds an operator's

license from Arkansas. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Ryan M. Coelho

    Mr. Coelho, 37, has had strabismic amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/100, and in his
left eye, 20/20. Following an examination in 2015, his optometrist
stated, ``The above findings reveal no significant visual difficulties
that will hinder Ryan's ability to perform all driving tasks required
to operate a commercial vehicle.'' Mr. Coelho reported that he has
driven straight trucks for 19 years, accumulating 665,000 miles. He
holds an operator's license from Rhode Island. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Travis R. Cook

    Mr. Cook, 44, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/400, and in his left eye, 20/20.
Following an examination in 2015, his optometrist stated, ``I believe
that Mr. Cook has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Cook reported that he
has driven straight trucks for 9 years, accumulating 450 miles. He
holds a Class B CDL from Kansas. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Larry P. Davis

    Mr. Davis, 68, has a phthisical cornea in his left eye due to a
traumatic incident in 2010. The visual acuity in his right eye is 20/
20, and in his left eye, light perception. Following an examination in
2015, his ophthalmologist stated, ``In my opinion, Larry has excellent
vision in his right eye and unfortunately because of an on the job
trauma has lost all useful vision in his left eye. Larry has a 50-year
history of commercial driving and 5 years of commercial driving since
his trauma, and has been accident free in the at time [sic].'' Mr.
Davis reported that he has driven straight trucks for 50 years,
accumulating 1.5 million miles, and tractor-trailer combinations for 40
years, accumulating 200,000 miles. He holds a Class A CDL from
Missouri. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Donald S. Fries

    Mr. Fries, 43, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2014, his optometrist stated, ``In my
opinion, I believe he is able to function well in his duties of driving
a truck. He has sufficient vision to perform these duties.'' Mr. Fries
reported that he has driven straight trucks for 10 years, accumulating
25,000 miles, and tractor-trailer combinations for 5 years,
accumulating 137,500 miles. He holds a Class A CDL from Pennsylvania.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Kerrie K. Furbish

    Ms. Furbish, 43, has had a retinal detachment in her right eye
since 1997. The visual acuity in her right eye is counting fingers, and
in her left eye, 20/20. Following an examination in 2015, her
optometrist stated, ``In summary, it is my opinion that Kerrie Furbish
has sufficient vision (in the left eye) to perform the driving tasks
required to operate a commercial vehicle.'' Ms. Furbish reported that
she has driven buses for 6 years, accumulating 2,880 miles. She holds a
Class C CDL from Maine. Her driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.

Jerry W. Gibson

    Mr. Gibson, 70, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2015, his optometrist stated, ``Mr.
Gibson meets all requirements of vision to perform and operate a
commercial vehicle.'' Mr. Gibson reported that he has driven tractor-
trailer combinations for 51 years, accumulating 6.63 million miles. He
holds a Class A CDL from Texas. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Trevor H. Hilton

    Mr. Hilton, 24, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
100. Following an examination in 2015, his optometrist stated,
``Patient has sufficient corrected vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Hilton reported that he
has driven tractor-trailer combinations for 3 years, accumulating
90,000 miles. He holds a Class AM CDL from Illinois. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Michael D. Judy

    Mr. Judy, 55, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
60. Following an examination in 2015, his optometrist stated, ``Mr.
Judy is amblyopic in his left eye, but in my professional opinion I see
no reason he cannot drive a commercial vehicle, especially in light of
the fact he has proven he can do so with a 16 year driving history with
no accidents on his record.'' Mr. Judy reported that he has driven
straight trucks for 16 years, accumulating 480,000 miles. He holds a
Class A CDL from Kansas. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.

Karen L. Kelly

    Ms. Kelly, 44, has had optic atrophy in her left eye since birth.
The visual acuity in her right eye is 20/20, and in her left eye, 20/
400. Following an examination in 2015, her ophthalmologist stated, ``I
certify that Karen Kelly has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Ms. Kelly reported
that she has driven straight trucks for 20 years, accumulating 100,000
miles. She holds an operator's license from Delaware. Her driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Joel H. Kohagen

    Mr. Kohagen, 57, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2015, his optometrist stated, ``I
[sic] my medical opinion, Joel has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Kohagen
reported that he has driven straight trucks for 38 years, accumulating
1.41 million miles, and tractor-trailer combinations for 10 years,
accumulating 40,000 miles. He holds a Class A CDL from Iowa. His
driving record for the last 3 years shows 1 crash, for which he was not
cited and to which he did not contribute, and no convictions for moving
violations in a CMV.

Kelly K. Kremer

    Mr. Kremer, 58, has a prosthetic left eye due to a traumatic
incident in 1995. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2015,
his optometrist stated, ``In my medical opinion Mr. Kremer continues to
have sufficient vision to perform the driving tasks required to operate
a

commercial vehicle.'' Mr. Kremer reported that he has driven straight
trucks for 2 years, accumulating 100,000 miles, and tractor-trailer
combinations for 38 years, accumulating 4.75 million miles. He holds a
Class A CDL from Oregon. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.

Edward R. Lockhart

    Mr. Lockhart, 46, has a prosthetic left eye due to a traumatic
incident in 1990. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2015,
his optometrist stated, ``In my opinion, although he has is monocular
[sic], these tests show Mr. Lockhart has sufficient vision to perform
his driving tasks involved in operating a commercial vehicle.'' Mr.
Lockhart reported that he has driven tractor-trailer combinations for
23 years, accumulating 575,000 miles. He holds an operator's license
from Mississippi. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Joshua L. Marasek

    Mr. Marasek, 34, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is HM, and in his left
eye, 20/20. Following an examination in 2015, his ophthalmologist
stated, ``Josh Marasek has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Marasek reported
that he has driven straight trucks for 11 years, accumulating 55,000
miles, and tractor-trailer combinations for 11 years, accumulating 1.1
million miles. He holds a Class AM CDL from Texas. His driving record
for the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Rodolfo Martinez, Jr.

    Mr. Martinez, 62, has had a macular scar in his right eye since
2009. The visual acuity in his right eye is 20/100, and in his left
eye, 20/40. Following an examination in 2014, his optometrist stated,
``In my opinion, Mr. Martinez has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Martinez
reported that he has driven straight trucks for 12 years, accumulating
12,000 miles. He holds a Class A CDL from Texas. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Arthur J. McClintic

    Mr. McClintic, 30, has had refractive amblyopia in his left eye
since birth. The visual acuity in his right eye is 20/20, and in his
left eye, 20/60. Following an examination in 2015, his optometrist
stated, ``In my opinion Arthur McClintic has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. McClintic reported that he has driven straight trucks for 5 years,
accumulating 102,000 miles, and tractor-trailer combinations for 5
years, accumulating 15,000 miles. He holds a chauffer's license from
Michigan. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Dale A. McCoy

    Mr. McCoy, 53, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/15, and in his left eye, 20/70.
Following an examination in 2015, his optometrist stated, ``In my
opinion, Dale McCoy has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. McCoy reported that he
has driven straight trucks for 12 years, accumulating 306,000 miles. He
holds a Class A CDL from Maine. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Gregory G. Miller

    Mr. Miller, 51, has complete loss of vision in his right eye due to
a traumatic incident in childhood. The visual acuity in his right eye
is no light perception, and in his left eye, 20/25. Following an
examination in 2015, his ophthalmologist stated, ``I believe he has
sufficient vision to perform driving tasks required to operate a
commercial vehicle.'' Mr. Miller reported that he has driven tractor-
trailer combinations for 33 years, accumulating 2.15 million miles. He
holds a Class A CDL from Ohio. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Zack E. Minielly

    Mr. Minielly, 58, has optic nerve atrophy in his left eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/20, and in his left eye, hand motion. Following an examination in
2015, his optometrist stated, ``Old optic nerve atrophy secondary to
blunt trauma @ 14 years old . . . In my professional Opinion [sic] Mr.
Minielly has the ability to have a CDL.'' Mr. Minielly reported that he
has driven straight trucks for 20 years, accumulating 1 million miles.
He holds a Class B CDL from Georgia. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Tobias G. Olsen

    Mr. Olsen, 23, has had chronic optic neuropathy in his left eye
since childhood. The visual acuity in his right eye is 20/20, and in
his left eye, light perception. Following an examination in 2015, his
ophthalmologist stated, ``The patient has sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr. Olsen
reported that he has driven straight trucks for 10 years, accumulating
180,000 miles, tractor-trailer combinations for 6 years, accumulating
60,000 miles. He holds a Class D license from New York. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Elroy Perkins

    Mr. Perkins, 65, has complete loss of vision in his left eye due to
a traumatic incident in 1980. The visual acuity in his right eye is 20/
20, and in his left eye, no light perception. Following an examination
in 2015, his ophthalmologist stated, ``Certifies that in his/her
medical opinion, you have sufficient vision to perform the driving
tasks required to operate a commercial vehicle . . . Patient has
excellent vision out of right eye only, and is able to perform driving
tasks.'' Mr. Perkins reported that he has driven straight trucks for 11
years, accumulating 297,000 miles. He holds an operator's license from
Mississippi. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Roy C. Rogers

    Mr. Rogers, 50, has a prosthetic right eye due to a traumatic
incident in childhood. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2015, his optometrist stated, ``In my medical opinion Mr. Rogers has
sufficient vision to perform the driving task required to operate a
commercial vehicle.'' Mr. Rogers reported that he has driven straight
trucks for 28 years, accumulating 308,000 miles, and tractor-trailer
combinations for 24 years, accumulating 360,000 miles. He holds a Class
A CDL from West Virginia. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.

Michael P. Rydzinski

    Mr. Rydzinski, 55, has had amblyopia and a color deficiency in his
left eye since birth. The visual acuity in his right eye is 20/20, and
in his left eye, 20/80. Following an examination in 2015, his
ophthalmologist stated, ``Because Mr. Rydzinski was born with these two
conditions, I do believe he has made accommodations to drive a
commercial vehicle safely and would be able to see a traffic light
signal and be able to determine which is red, green, and yellow.'' Mr.
Rydzinski reported that he has driven straight trucks for 14 years,
accumulating 182,000 miles. He holds a chauffer's license from
Michigan. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Dale L. Schneider

    Mr. Schneider, 51, has a corneal scar in his right eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
no light perception, and in his left eye, 20/15. Following an
examination in 2015, his optometrist stated, ``In my opinion, I would
consider his vision to be sufficient to continue operating commercial
vehicles.'' Mr. Schneider reported that he has driven straight trucks
for 4 years, accumulating 1,600 miles, and tractor-trailer combinations
for 10 years, accumulating 16,000 miles. He holds a Class A CDL from
Iowa. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Keith R. Seabaugh

    Mr. Seabaugh, 60, has a prosthetic right eye due to a traumatic
incident in 1983. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2015, his optometrist stated, ``In my opinion that [sic] Mr. Keith
Seabaugh's visual deficiency is stable, and he has sufficient vision to
perform the driving tasks required to operate a commercial motor
vehicle, and that this condition will not adversely affect his ability
to operate a commercial motor vehicle safely as long as visual
correction is worn.'' Mr. Seabaugh reported that he has driven straight
trucks for 14 years, accumulating 210,000 miles, tractor-trailer
combinations for 1 year, accumulating 11,000 miles, and buses for 3
months, accumulating 7,500 miles. He holds an operator's license from
Missouri. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Robert G. Seils

    Mr. Seils, 62, has a corneal scar in his left eye due to a
traumatic incident in childhood. The visual acuity in his right eye is
20/20, and in his left eye, 20/200. Following an examination in 2015,
his optometrist stated, ``He has had a longstanding decrease in his
left eye due to a corneal scar at age 3 . . . I feel that he is safe to
operate a commercial vehicle.'' Mr. Seils reported that he has driven
straight trucks for 30 years, accumulating 936,000 miles, and tractor-
trailer combinations for 30 years, accumulating 936,000 miles. He holds
a Class AM CDL from New York. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Randall C. Stephens

    Mr. Stephens, 26, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/60, and in his left
eye, 20/20. Following an examination in 2015, his optometrist stated,
``I believe Randall Stephens has sufficient vision for driving a
commercial vehicle.'' Mr. Stephens reported that he has driven tractor-
trailer combinations for 3 years, accumulating 75,000 miles. He holds
an operator's license from Tennessee. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Dale L. Stewart

    Mr. Stewart, 56, has had amblyopia secondary to exotropia in his
left eye since childhood. The visual acuity in his right eye is 20/20,
and in his left eye, 20/70. Following an examination in 2015, his
optometrist stated, ``I believe this patient has sufficient vision to
operate a commercial vehicle on major interstates and road ways.'' Mr.
Stewart reported that he has driven tractor-trailer combinations for 38
years, accumulating 3.99 million miles. He holds a Class CA CDL from
Michigan. His driving record for the last 3 years shows no crashes and
one conviction for a moving violation in a CMV; he was cited for
improper lane use.

Warren S. Supulski

    Mr. Supulski, 57, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/200. Following an examination in 2015, his optometrist stated,
``It is my opinion that Warren has sufficient vision to preform [sic]
the driving task required to operate a commercial vehicle.'' Mr.
Supulski reported that he has driven straight trucks for 22 years,
accumulating 220,000 miles. He holds a Class B CDL from North Carolina.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Paul J. Vines

    Mr. Vines, 49, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/30, and in his left eye, 20/
200. Following an examination in 2015, his optometrist stated, ``Mr.
Vines has shown sufficient vision for operating a commercial vehicle.
In my medical opinion, he has sufficient vision to perform the driving
tasks.'' Mr. Vines reported that he has driven straight trucks for 22
years, accumulating 220,000 miles, and tractor-trailer combinations for
12 years, accumulating 120,000 miles. He holds an operator's license
from Alabama. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Hany A. Wagieh

    Mr. Wagieh, 40, has had amblyopia in his right eye since birth. The
visual acuity in his right eye is 20/80, and in his left eye, 20/20.
Following an examination in 2015, his ophthalmologist stated, ``In my
medical opinion, the patient has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Wagieh
reported that he has driven buses for 8 years, accumulating 368,000
miles. He holds an operator's license from New Jersey. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Charles W. Williamson

    Mr. Williamson, 74, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/100, and in his
left eye, 20/25. Following an examination in 2015, his optometrist
stated, ``Mr. Williamson should have adequate visual acuity to meet the
requirements for a CDL.'' Mr. Williamson reported that he has driven
straight trucks for 2 years, accumulating 200,000 miles, and tractor-
trailer combinations for 50 years, accumulating 5.75 million miles. He
holds a Class A CDL from Oklahoma. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Gregory A. Woodward

    Mr. Woodward, 65, has a prosthetic left eye due to a traumatic
incident in 1980. The visual acuity in his right eye is 20/20, and in
his left eye, no light perception. Following an examination in 2015,
his optometrist stated, ``In my

medical opinion, Mr. Woodward's vision is sufficient for the vision
required to operate a commercial vehicle.'' Mr. Woodward reported that
he has driven tractor-trailer combinations for 31 years, accumulating
3.19 million miles. He holds a Class A CDL from Oregon. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Alton R. Young III

    Mr. Young, 47, has complete loss of vision in his right eye due to
a traumatic incident in childhood. The visual acuity in his right eye
is counting fingers, and in his left eye, 20/20. Following an
examination in 2015, his optometrist stated, ``I feel his vision is
adequate to drive a commercial vehicle.'' Mr. Young reported that he
has driven tractor-trailer combinations for 8 years, accumulating
832,000 miles. He holds a Class A CDL from Mississippi. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

III. 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, indicate the specific section of this document to which each
comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so the
Agency can contact you if it has questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
put the docket number FMCSA-2015-0072 in the ``Keyword'' box, and click
``Search. When the new screen appears, click on ``Comment Now!'' button
and type your comment into the text box in 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 and may change this notice based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov and
insert the docket number FMCSA-2015-0072 in the ``Keyword'' box and
click ``Search.'' Next, click ``Open Docket Folder'' button and choose
the document listed to review. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.

    Dated: November 5, 2015
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-28741 Filed 11-10-15; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 232 (Friday, December 2, 2011)]
[Rules and Regulations]
[Pages 75442-75445]
[FR Doc No: 2011-30881]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1328; Directorate Identifier 2011-CE-037-AD;
Amendment 39-16880; AD 2011-25-04]
RIN 2120-AA64

Airworthiness Directives; Quest Aircraft Design, LLC Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Quest Aircraft Design, LLC (Quest) Model Kodiak 100 airplanes. This AD
requires you to inspect the torque of the inertial particle separator
(IPS) bolts; correct the torque, if necessary; replace the IPS bolts
with new IPS bolts within a certain time; and install safety wire
around the new IPS bolts. This AD was prompted by five instances where
a loose IPS bolt was found on the right-hand side of the engine bypass
door attachment. This condition, if not corrected, could lead to an
inoperable bypass door, which could result in engine inlet icing with
consequent loss of engine power and forced landing. We are issuing this
AD to correct the unsafe condition on these products.

DATES: This AD is effective December 19, 2011.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of December 19,
2011.
    We must receive comments on this AD January 17, 2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Quest
Aircraft Design, LLC, 1200 Turbine Drive, Sandpoint, Idaho 83864;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email: http://questaircraft.com/quest/contact-quest/customer-service/; Internet:
http://questaircraft.com/. You may review copies of the referenced
service information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tung Tran, Aerospace Engineer, Seattle
Aircraft Certification Office, FAA, 1601 Lind Avenue SW, Renton,
Washington 98057; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We received reports of five instances where a loose IPS bolt was
found on the right-hand side of the engine bypass door attachment on
Quest Model Kodiak 100 airplanes. This area attaches the bypass door to
the actuating shaft. In one of the five instances, the bolt was lost.
Loose or missing IPS bolts could lead to an inoperable bypass door,
which could result in engine inlet icing with consequent loss of engine
power and forced landing.

Relevant Service Information

    We reviewed Quest Aircraft Company Mandatory Service Bulletin
Number SB11-17, Revision: 00, dated November 1, 2011; and Quest
Aircraft Company Field Service Instruction No. FSI-028, Revision 02,
(undated). The service information describes procedures for inspecting
and re-torquing the first IPS bolt, replacing both IPS bolts with new
bolts, and installing safety wire around the new bolts.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires accomplishing the actions specified in the service
information described previously.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because this
condition, if not corrected, could result in loss of engine power that
may lead to a forced landing. Therefore, we find that notice and
opportunity for prior public comment are impracticable and that good
cause exists for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include the docket number FAA-2011-1328 and
Directorate Identifier 2011-CE-037-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. We will
consider all comments received by the closing date and may amend this
AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    We estimate that this AD affects 38 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspect and re-torque the AN4-4A bolt.  0.5 work-hour x $85 per              (*)          $42.50          $1,615
                                         hour = $42.50.

Replace the IPS bolts, part numbers (P/ 1 work-hour x $85 per                 86            $171          $6,498
 N) AN4-4A and AN4-5A, with new IPS      hour = $85.
 bolts, P/N AN4H4A and AN4H5A,
 respectively. Install safety wire
 around the new bolts.
----------------------------------------------------------------------------------------------------------------
* Not Applicable.

     According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation Programs''
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

     Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2011-25-04 Quest Aircraft Design, LLC: Amendment 39-16880; Docket
No. FAA-2011-1328; Directorate Identifier 2011-CE-037-AD.

(a) Effective Date

    This AD is effective December 19, 2011.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Quest Aircraft Design, LLC Model Kodiak 100
airplanes, serial numbers 100-0001 through 100-0056, certificated in
any category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 7160, Engine Air Intake System.

(e) Unsafe Condition

    This AD was prompted by reports of five instances where a loose
IPS bolt was found on the right-hand side of the engine bypass door
attachment. This condition, if not corrected, could lead to an
inoperable bypass door, which could result in engine inlet icing
with consequent loss of engine power and forced landing. We are
issuing this AD to correct the unsafe condition on these products.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Torque of the IPS AN4-4A Bolt

    Before further flight on or after December 19, 2011 (the
effective date of this AD), inspect the torque of the IPS bolt, part
number (P/N) AN4-4A, and re-torque, if necessary, following Quest
Aircraft Company Field Service Instruction No. FSI-028, Revision 02,
(undated) as specified in Mandatory Service Bulletin No. SB11-17,
Revision: 00, dated November 1, 2011.

(h) Replace the IPS AN4-4A and AN4-5A Bolts

    Within 15 hours time-in-service (TIS) after December 19, 2011
(the effective date of this AD), replace the IPS bolts, P/N AN4-4A
and P/N AN4-5A, with new IPS bolts, P/N AN4H4A and P/N AN4H5A,
respectively. After installing the new bolts, install safety wire
around the new bolts. Do the actions following Quest Aircraft
Company Field Service Instruction No. FSI-028, Revision 02,
(undated) as specified in Mandatory Service Bulletin No. SB11-17,
Revision: 00, dated November 1, 2011.

(i) Prohibition of Installation of IPS AN4-4A and AN4-5A Bolts

    As of December 19, 2011 (the effective date of this AD), do not
install any IPS bolts, P/N AN4-4A or P/N AN4-5A.

(j) Special Flight Permit

    Special flight permits are permitted with the following
limitation: Flight into known icing is prohibited.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(l) Related Information

    For more information about this AD, contact Tung Tran, Aerospace
Engineer, Seattle ACO, FAA, 1601 Lind Avenue SW., Renton, Washington
98057; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>

(m) Material Incorporated by Reference

    (1) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the incorporation by
reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51 on December
19, 2011.
    (i) Quest Aircraft Company Mandatory Service Bulletin No. SB11-
17, Revision: 00, dated November 1, 2011; and
    (ii) Quest Aircraft Company Field Service Instruction No. FSI-
028, Revision 02, (undated).
    (2) For service information identified in this AD, contact Quest
Aircraft Design, LLC, 1200 Turbine Drive, Sandpoint, Idaho 83864;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email: http://questaircraft.com/quest/contact-quest/customer-service/; Internet:
http://questaircraft.com/.
    (3) You may review copies of the service information at the FAA,
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on November 25, 2011.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-30881 Filed 12-1-11; 8:45 am]
BILLING CODE 4910-13-P


 [Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)] [Notices] [Pages 39942-39944] [FR Doc No: 2011-17062]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64789; File No. SR-NASDAQ-2011-087]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;

Notice of Filing and Immediate Effectiveness of Proposed Rule Change To

Modify Its Co-Location Fee Schedule To Establish Fees for Access to

Market Data Feeds From the Toronto Stock Exchange and the TSX Venture

Exchange

July 1, 2011.

    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 June 23, 2011, The NASDAQ Stock Market LLC (``NASDAQ'' 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. 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 the

Substance of the Proposed Rule Change

    The Exchange proposes to modify its co-location fee schedule to

establish fees for access to market data feeds from the Toronto Stock

Exchange (``TSX'') and the TSX Venture Exchange (``TSXV'').

    The Exchange will implement the proposed change on July 1, 2011.

The text of the proposed rule change is available at http://nasdaq.cchwallstreet.com/, at the Exchange's principal office, and at

the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and

Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements

concerning the purpose of and basis for the proposed rule change and

discussed any comments it received on the proposed rule change. The

text of these statements may be examined at the places specified in

Item IV below. The 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 purpose of the proposed rule change is to modify NASDAQ's co-

location fee schedule to establish fees for access to market data feeds

from TSX and TSXV. The Exchange proposes: (1) A one-time fee of $1,000

for the installation of telecommunications connectivity for selected

TSX and TSXV real-time market data feeds, along with (2) a per-month

connectivity fee of $300 if a client wishes to receive the TSX and TSXV

Level 1 Feed; a per-month connectivity fee of $1,000 if a client wishes

to receive the TSX and TSVX Level 2 Feed; a per-month connectivity fee

of $100 if a client wishes to receive the TSX Quantum Level 1 Feed; and

a per-month connectivity fee of $300 if a client wishes to receive the

TSX Quantum Level 2 Feed.

    The Exchange is making the TSX market data feeds [sic] available as

a convenience to customers and notes that receipt of these feeds is

completely voluntary. The Exchange also notes that such feeds may be

freely obtained from other vendors for use by customers in the

datacenter. These fees are similar to fees already charged by NASDAQ

for receipt of market data from other exchanges in the data center. See

also the market data connectivity fees for SIAC, the Chicago Mercantile

Exchange, and the BATS Exchange on the Exchange's co-location fee

schedule.

2. Statutory Basis

    The Exchange believes that the proposed rule change is consistent

with the provisions of Section 6 of the Act,\3\ in general, and with

Section 6(b)(4) of the Act,\4\ in particular, in that it provides for

the equitable allocation of reasonable dues, fees and other charges

among members and issuers and other persons using any facility or

system which the Exchange operates or controls.

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

    \3\ 15 U.S.C. 78f.

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

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

    The Exchange operates in a highly competitive market in which

exchanges offer co-location services as a means to facilitate the

trading activities of those members who believe that co-location

enhances the efficiency of their trading. Accordingly, fees charged for

co-location services are constrained by the active competition for the

order flow of such members. If a particular exchange charges excessive

fees for co-location services, affected members will opt to terminate

their co-location arrangements with that exchange, and adopt a possible

range of alternative strategies, including co-locating with a different

exchange, placing their servers in a physically proximate location

outside the exchange's data center, or pursuing trading strategies not

dependent upon co-location. Accordingly, the exchange charging

excessive fees would stand to lose not only co-location revenues but

also revenues associated with the execution of orders routed to it by

affected members. The Exchange believes that this competitive dynamic

imposes powerful restraints on the ability of any exchange to charge

unreasonable fees for co-location services.

    It should be noted, however, that the costs associated with

operating a co-location facility, like the costs of operating the

electronic trading facility with which the co-location facility is

associated, are primarily fixed costs, and in the case of co-location

are primarily the costs of renting or owning data center space and

retaining a staff of technical personnel. Accordingly, the Exchange

establishes a range of co-location fees with the goal of covering these

fixed costs, covering less significant marginal costs, such as the cost

of electricity, and to the extent the costs are covered, earns [sic] a

profit. Because fixed costs must be allocated among all customers, the

Exchange's fee schedule reflects an effort to assess a range of

relatively low fees for specific aspects of co-location services,

which, in the aggregate, will allow the Exchange to cover its costs and

earn a profit; [sic] to the extent the costs are covered.

    In the case the [sic] proposed fees for installation and

connectivity to select TSX and TSXV real-time market data feeds, the

proposed fees cover the costs charged by Nasdaq Technology Services for

establishing and maintaining the telecommunication networks to obtain

and republish these market data feeds. The fees are based on

anticipated bandwidth needed to accommodate a particular feed. The

proposed fees also allow the Exchange earn [sic] a profit; [sic] to the

extent the costs are covered. The Exchange notes that it is not the

exclusive method to obtain market data connectivity. The Exchange

believes that it is reasonable to use fees assessed on this basis as a

means to recoup NASDAQ's share of the costs associated with the

proposed market data feeds, provide a convenience for the customers,

and to the extent the costs are covered, provide the Exchange a profit.

    The Exchange notes that its installation and monthly connectivity

rates proposed for TSX and TSXV market data feeds are similar to

connectivity fees imposed by other vendors. The Exchange also notes

that the fees charged by the Exchange are generally lower or comparable

to prices charged by other exchanges or unregulated vendors for similar

services. For instance, NYSE is charging charges [sic] fees of $500 to

$5,750 for selected CME market data feeds and charges a $950

installation fee.\5\

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

    \5\ See http://www.nyxdata.com/doc/50210.

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

    Furthermore, because the proposed co-location services are entirely

voluntary and available to all members, the Exchange's fees for

proposed co-location services are equitably allocated and non-

discriminatory. In addition, the market data feeds may be obtained from

other sources.

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.\6\ 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.

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

    \6\ 15 U.S.C. 78s(b)(3)(A)(ii).

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

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-NASDAQ-2011-087 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,

Secretary, Securities and Exchange Commission, 100 F Street, NE.,

Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2011-087. 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 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 offices 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-NASDAQ-2011-087, and should be submitted on or before

July 28, 2011.

    For the Commission, by the Division of Trading and Markets,

pursuant to delegated authority.\7\

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

    \7\ 17 CFR 200.30-3(a)(12).

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

Cathy H. Ahn,

Deputy Secretary.

[FR Doc. 2011-17062 Filed 7-6-11; 8:45 am]

BILLING CODE 8011-01-P