[Federal Register Volume 76, Number 65 (Tuesday, April 5, 2011)]
[Notices]
[Pages 18822-18823]
[FR Doc No: 2011-7955]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0089]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

ACTION: Notice of applications for exemption, request for comments.

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

SUMMARY: FMCSA announces receipt of applications from 8 individuals for
an exemption from the prohibition against persons with a clinical
diagnosis of epilepsy or any other condition which is likely to cause a
loss of consciousness or any loss of ability to operate a commercial
motor vehicle (CMV) from operating CMVs in interstate commerce. If
granted, the exemptions would enable these individuals with seizure
disorders to operate CMVs in interstate commerce.

DATES: Comments must be received on or before May 5, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2011-0089 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.
    Each submission must include the Agency name and the docket ID for
this Notice. Note that DOT posts all comments received without change
to http://www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78; Apr. 11, 2000).
This information is also available at http://Docketinfo.dot.gov.

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

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
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.'' The statutes also allow the
Agency to renew exemptions at the end of the 2-year period. The 8
individuals listed in this notice have recently requested an exemption
from the epilepsy prohibition in 49 CFR 391.41(b)(8), which applies to
drivers who operate CMVs as defined in 49 CFR 390.5, in interstate
commerce. Section 391.41(b)(8) states that a person is physically
qualified to drive a commercial motor vehicle if that person has no
established medical history or clinical diagnosis of epilepsy or any
other condition which is likely to cause the loss of consciousness or
any loss of ability to control a commercial motor vehicle.

    FMCSA provides medical advisory criteria for use by medical
examiners in determining whether drivers with certain medical
conditions should be certified to operate commercial motor vehicles in
intrastate commerce. The advisory criteria indicates that if an
individual has had a sudden episode of a non-epileptic seizure or loss
of consciousness of unknown cause which did not require anti-seizure
medication, the decision whether that person's condition is likely to
cause the loss of consciousness or loss of ability to control a
commercial motor vehicle should be made on an individual basis by the
medical examiner in consultation with the treating physician. Before
certification is considered, it is suggested that a 6-month waiting
period elapse from the time of the episode. Following the waiting
period, it is suggested that the individual have a complete
neurological examination. If the results of the examination are
negative and anti-seizure medication is not required, then the driver
may be qualified.
    In those individual cases where a driver had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has fully recovered from that
condition, has no existing residual complications, and is not taking
anti-seizure medication. Drivers with a history of epilepsy/seizures
off anti-seizure medication and seizure-free for 10 years may be
qualified to operate a CMV in interstate commerce. Interstate drivers
with a history of a single unprovoked seizure may be qualified to drive
a CMV in interstate commerce if seizure-free and off anti-seizure
medication for a 5-year period or more.

Summary of Applications

Brian Sessions

    Mr. Sessions is a CMV driver in the state of Maine. He was
diagnosed with seizure disorder in 1985 and placed on medication with
good control until 1989 when his doctor recommended stopping the
medicine. Mr. Sessions suffered a relapse seizure due to improper
withdrawal advice in 1989 and resumed his medication. He was withdrawn
successfully from his anti-seizure medication in 2007 and has remained
medication free since that time. Mr. Sessions believes that he would
achieve a level of safety that is equivalent to the level of safety
obtained by complying with the regulation because he has remained
seizure-free for 22 years and off anti-seizure medication for 4 years.

Donald Schutz

    Mr. Schutz is a CMV driver in the state of Ohio. He states that he
was diagnosed with a brain tumor in 2002 and that he suffered a seizure
due to the tumor in July of that year. He had brain surgery in November
2002 and the tumor was successfully removed. Mr. Schutz has been taking
the anti-seizure medication Dilantin since that time and has no further
seizures. He has his medication levels checked often by blood tests and
remains compliant with his regimen. Mr. Schutz believes that he would
achieve a level of safety that is equivalent to the level of safety
obtained by complying with the regulation because he has remained
seizure-free for 9 years and has been on anti-seizure medication since
2002.

Robin L. Sherwood

    Mr. Sherwood is a CMV driver in the state of Idaho. He states that
he had a seizure caused by a brain tumor in 1997 and that the tumor was
successfully removed during the same year. Mr. Sherwood has taken anti-
seizure medication (Carbotrol) since 1997 with no further seizure
activity. His doctor supports Mr. Sherwood's application for exemption
because of his successful surgery and medication compliance. Mr.
Sherwood believes that he would achieve a level of safety that is
equivalent to the level of safety obtained by complying with the
regulation because he has remained seizure-free since 1997, has an
excellent driving record, and is compliant with his medication regimen
for seizures.

Frank Eveland

    Mr. Eveland is a CMV driver in the state of Wisconsin. He was
diagnosed with one unprovoked seizure in 2003 and placed on the anti-
seizure medication Keppra at that time. His physician states that Mr.
Eveland has had no further seizures and that his medication level is
checked regularly by blood tests. The doctor states that Mr. Eveland is
safe to operate a motor vehicle and that he is compliant with his
medication. Mr. Eveland believes that he would achieve a level of
safety that is equivalent to the level of safety obtained by complying
with the regulation because he has maintained good medication control
and has remained seizure-free for 8 years.

Frank Cekovic

    Mr. Cekovic is a CMV driver in the state of Pennsylvania. He was
diagnosed with a seizure disorder in January 2009 and placed on the
anti-seizure medication Keppra at that time. His treating physician
states that he is compliant with his medication regimen and that his
risk of a recurrent seizure is very low. The CMV that he operates is a
``bucket truck'' for a power and light company and Mr. Cekovic states
that the maximum distance he drives between job sites is no more than
20 miles per day.

Paul G. Kane

    Mr. Kane is a CMV operator in the state of Massachusetts and he had
a seizure in 2006. He had one other seizure in December 2009 and was
placed on Keppra by his treating physician. Both seizures were listed
as being from ``unknown causes''. His diagnosis is seizure disorder and
he has done well on his medication with no further seizures according
to his treating physician. Mr. Kane states that his maximum daily
average CMV mileage would be between 5-20 miles per day.

Darren Keith

    Mr. Keith is a CMV driver from Missouri and suffered a seizure in
October 2009. He was placed on the anti-seizure medication Dilantin at
that time. Mr. Keith also reported that he had two childhood episodes
of febrile seizures. Mr. Keith was able to discontinue his medication
with no ill effects in March 2010 and diagnostic testing revealed that
he does not exhibit epilepsy symptoms.

Richard Laqua

    Mr. Laqua is a CMV driver from Minnesota and was diagnosed with a
partial seizure in March 2009. He was placed on the anti-seizure
medication Trileptal at that time and has had no further seizure
episodes. Mr. Laqua operates a milk truck.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on the exemption
applications described in this notice. We will consider all comments
received before the close of business on the closing date indicated
earlier in the notice.

    Issued on: March 29, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-7955 Filed 4-4-11; 8:45 am]
BILLING CODE P


[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)]
[Notices]
[Pages 9844-9845]
[FR Doc No: 2016-04158]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 309-087]

Brookfield Power Piney and Deep Creek, LLC; Notice of Application
Accepted for Filing, Soliciting Comments, Motions To Intervene, and
Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Application to amend temporary variance of
reservoir elevation requirements of license article 402.
    b. Project No.: 309-087.
    c. Date Filed: January 27, 2016.
    d. Applicant: Brookfield Power Piney and Deep Creek, LLC.
    e. Name of Project: Piney Hydroelectric Project.
    f. Location: The project is located on the Clarion River in Clarion
County, Pennsylvania.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Mr. Randy Garletts, Brookfield Power Piney
and Deep Creek, LLC, 14 River View Terrace, Oakland, MD 21550, (301)
387-6616.
    i. FERC Contact: Mr. Mark Pawlowski,<PHONE_NUMBER>, or
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, protests,
and recommendations is 15 days from the date of issuance of this notice
by the Commission. The Commission strongly encourages electronic
filing. Please file motions to intervene, protests, comments, or
recommendations using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. Please include the project number (P-309-087) on
any comments, motions to intervene, protests, or recommendations filed.
    k. Description of Request: The applicant proposes to modify the
timing and duration of the temporary variance of article 402 and Water
Quality Certificate conditions 1.1 and 1.2 of the project license
issued on March 30, 2015. The licensee requests authorization to
operate the Project with a maximum reservoir elevation of 1087.5  0.5 ft msl during the months of April through December, from
2016 through 2018 in order to replace the existing 14 radial spillway
gates.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits
in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified

comment date for the particular application.
    o. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'', or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading,
the name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis and otherwise comply with the requirements of 18 CFR
4.34(b). All comments, motions to intervene, or protests should relate
to project works which are the subject of the license amendment.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application. If an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.

    Dated: February 17, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-04158 Filed 2-25-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Notices]
[Pages 44356-44357]
[FR Doc No: 2020-15815]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0157]

Hours of Service of Drivers: Pipe Line Contractors Association
(PLCA); Application for Exemption

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

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

SUMMARY: FMCSA announces that it has received an application from the
Pipe Line Contractors Association (PLCA) for an exemption from certain
hours-of-service (HOS) regulations for drivers of a variety of
commercial motor vehicles (CMVs) employed by its member pipeline
contractors. PLCA specifically seeks an exemption from: (1) The
requirement of the short-haul exception that drivers return to the work
reporting location from which they started the day; (2) the requirement
that drivers use electronic logging devices (ELDs) if they must
complete a record of duty status (RODS) on more than 8 days in any 30-
day period; and (3) the prohibition on driving after having been on
duty for 70 hours in 8 consecutive days. The PLCA also requested that
drivers of CMVs used exclusively in the construction and servicing of
pipelines be allowed the same HOS exceptions currently available to
oilfield operations. FMCSA requests public comment on PLCA's
application for exemption.

DATES: August 21, 2020.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2020-0157 using any of the
following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
     Mail: Send comments to 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: Deliver comments to Docket
Operations, 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. To be sure someone is there to help you,
please call<PHONE_NUMBER> or<PHONE_NUMBER> before visiting Docket
Operations.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
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 Docket
Operations, Room W12-140 on the ground level of the West Building, 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal holidays. To be sure someone is
there to help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before
visiting Docket Operations.
    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: For information concerning this
notice, contact Mr. Richard Clemente, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone:<PHONE_NUMBER>. Email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, contact
Docket Services, 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-2020-0157), 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-2020-0157'' 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.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, ``FMCSA-2020-0157'' 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.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the 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 the safety analyses and the public comments, 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 reason for the grant or denial, and, if granted,
the specific person or class of persons receiving the exemption, and
the regulatory provision or provisions from which exemption is granted.
The notice must also specify the effective period of the exemption (up
to 5 years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).

III. PLCA Application for Exemption

    The PLCA is a trade association of unionized pipeline contractors
specializing in the construction and maintenance of oil and gas
transmission pipelines. PLCA members are committed to completing every
job with the highest level of attention to safety, quality, and
environmental compliance. Pipeline jobs range from construction of
major interstate and intrastate pipelines to maintenance and repair
work for utilities, and these projects vary in duration, from a few
weeks to six months or more on a major construction project. Their
members typically hire workers on a project-by-project basis who will
work on multiple jobs each year, typically traveling all over the
United States to do so. Pipeline construction companies operate a fleet
of CMVs, most of which are operated by holders of commercial driver's
licenses (CDLs). PLCA believes that the current HOS regulations are
ill-suited to address the needs and safety concerns of pipeline
industry drivers. Pipeline contractors are skilled tradesman and
driving is ancillary to their primary role as construction workers, as
they typically spend only a few hours a day operating CMVs on public
roads.
    PLCA requests exemption from the following HOS provisions:
    (1) The short-haul exception [49 CFR 395.1(e)(1)] recently amended
by the final rule adopted on June 1,2020, with an effective date of
Sept. 29, 2020 (85 FR 33396) retains the requirement that drivers
return to the work reporting location from which they were dispatched
in the morning. PLCA requests that drivers for its member companies who
otherwise meet the requirements of the short-haul exception be allowed
to return to a different location than the one where they started their
workday.
    (2) Drivers subject to the Agency's HOS regulations are required to
use ELDs if they must complete RODS on more than 8 days in any 30-day
period [49 CFR 395.8(a)(1)(iii)(A)(1)]. PLCA requests that drivers for
its member companies be allowed to use paper RODS unless RODS are
required on more than 16 days in any 30-day period.
    (3) Drivers are prohibited from driving CMVs after having been on
duty for 70 hours in a period of 8 consecutive days [49 CFR
395.3(b)(2)]. PLCA requests that drivers for its member companies be
prohibited from driving only after having been on duty for 80 hours in
8 days. The PLCA also requested that drivers of CMVs used exclusively
in the construction and servicing of pipelines be allowed the same HOS
exceptions currently available to oilfield operations [49 CFR
395.1(d)].

IV. Method To Ensure an Equivalent or Greater Level of Safety

    PLCA asserts that granting the exemptions sought will not
negatively impact safety. Drivers working for PLCA member companies
involved in pipeline construction and maintenance are not engaged in
continuous driving. Conversely, they work on the pipeline right-of-way
often operating different construction vehicles. Because of the
different jobs, they normally perform and minimal driving they do, they
are less susceptible to fatigue. The applicant adds that as pipeline
workers spend most their day working on the pipeline right-of-way and
typically only drive on public roads at the start and end of the
workday; drivers would not be on public roads any longer by virtue of
the longer workday. Pipeline drivers very rarely, if ever, utilize
their entire 11 hours allowable daily driving time. PLCA develops and
administers, in conjunction with the labor unions robust training
programs for union pipeline contractor employees, including CMV drivers
focused on safe operations. PLCA member contractors and their drivers
have excellent safety records and the applicant does not anticipate any
additional reduction in safety attributable to the granting of the
exemptions sought.
    A copy of the exemption application is available for review in the
docket for this notice.

V. Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public
comment from all interested persons on PLCA's application for an
exemption. 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 also 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. 2020-15815 Filed 7-21-20; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Notices]
[Pages 54272-54274]
[FR Doc No: 2011-22306]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65192; File No. SR-NYSEAmex-2011-62]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Adding New
Commentary .02 to NYSE Amex Options Rule 965NY To Provide for the
Nullification of Reported Trades by Mutual Agreement of the Parties
Thereto

August 24, 2011.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that on August 16, 2011, NYSE Amex LLC (the ``Exchange'' or
``NYSE Amex'') filed with the Securities and Exchange

Commission (the ``Commission'') the proposed rule change as described
in Items I, II, and III below, which Items have been prepared by the
self-regulatory organization. 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\ 15 U.S.C. 78a.
    \3\ 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 add new Commentary .02 to NYSE Amex
Options Rule 965NY to provide for the nullification of reported trades
by mutual agreement of the parties thereto. The text of the proposed
rule change is available at the Exchange, the Commission's Public
Reference Room, and http://www.nyse.com.

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 self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    The Exchange is proposing new Commentary .02 to NYSE Amex Options
Rule 965NY to provide for the nullification of reported trades by
mutual agreement of the parties thereto.
    As provided under proposed Commentary .02 to Rule 965NY, a trade
would be nullified if all parties to the trade agree to the
nullification. After agreeing to a trade nullification, one party would
be required to promptly notify the Exchange for dissemination of
cancellation information to the Options Price Reporting Authority
(``OPRA'').\4\
---------------------------------------------------------------------------

    \4\ The obligation to notify the Exchange would also be
reflected within proposed new paragraph (f) to NYSE Amex Options
Rule 957NY.
---------------------------------------------------------------------------

    Proposed Commentary .02 to Rule 965NY would provide the parties to
a trade with the ability to nullify a trade under circumstances where,
for example, an obvious or catastrophic error is not deemed to have
occurred, but the parties to the trade nonetheless desire that the
trade be nullified.
2. Statutory Basis
    The Exchange believes that the proposed rule change, which would
permit a trade to be nullified upon the mutual agreement of all parties
to the trade, is consistent with Section 6(b) of the Act,\5\ in
general, and furthers the objectives of Section 6(b)(5) of the Act,\6\
in particular, because it is designed to promote just and equitable
principles of trade, remove impediments to and perfect the mechanisms
of a free and open market and a national market system and, in general,
to protect investors and the public interest. The proposed rule change
makes clear the contractual rights of the parties to a trade to nullify
the trade upon mutual agreement. The Exchange believes that the
proposed rule change is consistent with a free and open market and the
public interest because it gives effect to the contractual rights of
the parties to a trade.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \7\ and Rule 19b-4(f)(6) thereunder.\8\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \8\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \9\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\10\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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.

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-NYSEAmex-2011-62 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-NYSEAmex-2011-62. 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 the
filing also will be available for inspection and copying at the NYSE's
principal office, and on its Web site at http://www.nyse.com. The text
of the proposed rule change is available on the Commission's Web site
at http://www.sec.gov. 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-NYSEAmex-2011-62 and
should be submitted on or before September 21, 2011.
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-22306 Filed 8-30-11; 8:45 am]
BILLING CODE 8011-01-P