UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on September 22, 2004

   NOTICE OF ACTION TAKEN -- DOCKET OST-2004-19039

________________________________________________________________________
_________________________________

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

Application of   SPIRIT AIRLINES, INC. (SPIRIT)  filed   8/31/04  for:

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

Scheduled foreign air transportation of persons, property, and mail
between the terminal point Fort Lauderdale, Florida, and the terminal
point Mexico City, Mexico.   Spirit proposes to operate this service on
a year round basis, beginning on or about January 15, 2005.

Applicant rep: Anita M. Mosner<PHONE_NUMBER>     DOT Analyst: Thuy H.
Cooper<PHONE_NUMBER>

D I S P O S I T I O N

XX  Granted (subject to conditions, see below)

The above action was effective when taken: September 22, 2004,  through
September 22, 2006.

Action taken by:   Paul L. Gretch, Director

		    Office of International Aviation

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

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

XX Holder’s certificates of public convenience and necessity

   	XX Standard exemption conditions (attached)

Conditions:  The U.S.-Mexico exemption authority granted is subject to
the dormancy notice requirements set forth in condition 7 of Appendix A
of Order 88-10-2.  Consistent with our policy, the dormancy notice
period will begin on January 15, 2005, Spirit’s proposed start-up date
for the Fort Lauderdale-Mexico City service.

________________________________________________________________________
______

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

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

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

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

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

U.S. Carrier Exemption Conditions

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

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

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

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

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

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

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

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

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

										  05/2004


Prometon Focus Meeting Summary

November 7, 2012

1:00 – 2:00 pm

Attendees

MANA:  Kristen Knox and (via conference line) Elliot Gordon

Control Solutions, Inc.(via conference line): Anne Turnbough

Environmental Protection Agency (EPA or Agency): Kaitlin Keller (PRD),
Tracy Perry (PRD), William Irwin (HED), Robin Sternberg (EFED), Steve
Wente (EFED), Sujatha Sankula (EFED), Cynthia Doucoure (BEAD), John
Faulkner (BEAD)

Objective

The purpose of the meeting was for members of the EPA’s Pesticide
Re-evaluation Division (PRD),  Environmental Fate and Effects Division
(EFED), Biological and Economic Analysis Division (BEAD), and Health
Effects Division (HED)  to meet with Mahkteshim Agan of North America
(MANA), the technical registrant for prometon, for the following
reasons: 1) discuss usage information needed for the registration review
ecological risk assessments, and 2) discuss anticipated ecotoxicity and
environmental fate data requirements and information that could be
submitted to fulfill these data gaps.

Discussion

Use/Usage Information

CSI provided usage information in terms of amounts used in pounds per
year, noting that this information can be broken down by product and
will be submitted to the Agency via email with a complete summary of
labels and use sites.  MANA confirmed that all residential use products
have been cancelled, as required by the Reregistration Eligibility
Decision (RED). EPA has already received a FIFRA 6(f) request to cancel
all residential uses of prometon on October 3, 2012, which will be
published with a 30-day comment period in the Federal Register in FY
2013 Q1.  EPA requested additional information on typical rates for each
use scenario and the size of a typical spot treatment along various use
sites, such as highway medians, fencerows, and airports.  EPA noted that
this information could help reduce conservatisms in the ecological risk
assessments.

Environmental Fate and Effects Information

EPA requested additional information on the degradates of prometon,
specifically how long they take to break down and any toxicity effects
in the environment and/or any laboratory studies using rats.  MANA
committed to reviewing their database and providing any information
within three weeks of the meeting date.

EPA also presented a list of anticipated data gaps and explained that
some conservative methods, such as the acute-to-chronic ratio, could be
used to account for the lack of several of the data gaps.   MANA stated
that European Union (EU) data is not available for this chemical and all
studies were already submitted before the RED was completed.  EPA
suggested reviewing open literature and their database for information
on other triazine herbicides, such as atrazine and simazine, for
information which may be useful.  EPA agreed to review and consider any
proposals or waiver requests based on a rationale of low toxicity and/or
bridging data used for other triazine class herbicides.  EPA requested
any water monitoring data available.  MANA was not aware of this
information but agreed to submit any water monitoring data that they may
find.

Follow-up

EPA will inform MANA when the 6(f) voluntary cancellation request for
all prometon residential uses publishes in the Federal Register.

MANA and CSI will submit use/usage and market share information, as well
as typical use rates and size of typical spot treatments.

MANA will review their scientific database and open literature sources
for information that could fulfill current data gaps and respond to EPA
with this information within three weeks.

  PAGE   \* MERGEFORMAT  1


6g Burden Statement The annual average reporting and record keeping burden for the collection of information by facilities responding to the section 316( b) New Facility Rule is estimated to be 2,650 hours per respondent ( i. e., an annual average of 37,104 hours of burden divided among an anticipated annual average of 14 facilities). The Director reporting and record keeping burden for the review,

oversight, and administration of the rule is estimated to average 136 hours per respondent ( i. e., an annual average of 3,271 hours of burden divided among an anticipated 24 States on average per year).

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose information. An agency may not conduct or November 2001 Final   New Facility Rule Information Collection Request 56 sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control number for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.


[Federal Register Volume 86, Number 238 (Wednesday, December 15, 2021)]
[Notices]
[Pages 71260-71261]
[FR Doc No: 2021-27066]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD20-11-000]

Extension of Non-Statutory Deadlines; Supplemental Notice Waiving
Regulations

    On May 8, 2020, in response to emergency conditions caused by Novel
Coronavirus Disease (COVID-19), the Secretary first waived the
Commission's regulations that require that filings with the Commission
be notarized or supported by sworn declarations.\1\ On July 26, 2021,
the Secretary extended this waiver through January 1, 2022.\2\
---------------------------------------------------------------------------

    \1\ See, e.g., 18 CFR 45.7 (2020) (requiring application for
authority to hold interlocking positions to be verified under oath).
    \2\ Supplemental Notice Waiving Regulations, Extension of Non-
Statutory Deadlines, Docket No. AD20-11-000 (July 26, 2021) (July
2021 Notice).
---------------------------------------------------------------------------

    Although the National Emergency continues,\3\ many companies and

individuals have continued to return to their workplaces since issuance
of the July 2021 Notice, and we anticipate more will do so in the
coming months. At this time, there is thus good cause to extend through
and including March 31, 2022, waiver of the Commission's regulations
that require that filings with the Commission be notarized or supported
by sworn declarations as provided in the July 2021 Notice. However,
given the above factors, the Commission does not anticipate issuing any
further blanket extensions discussed herein after March 31, 2022, but
is closely monitoring developments and will make that decision in light
of conditions near the end of this extension.\4\ The Secretary provides
this notice so that entities may plan accordingly.
---------------------------------------------------------------------------

    \3\ A Letter on the Continuation of the National Emergency
Concerning the Coronavirus Disease 2019 (COVID-19) Pandemic (Feb.
24, 2021), https://www.whitehouse.gov/briefing-room/statements-releases/2021/02/24/a-letter-on-the-continuation-of-the-national-emergency-concerning-the-coronavirus-disease-2019-covid-19-pandemic/.
    \4\ The Commission concurrently is issuing an order in Docket
No. EL20-37-000 granting blanket waiver of requirements to hold
meetings in person and/or to provide or obtain notarized documents
in open access transmission tariffs and other Commission-
jurisdictional agreements through and including March 31, 2022.
Temporary Action to Facilitate Social Distancing, 177 FERC ] 61,174
(2021).
---------------------------------------------------------------------------

    The Commission recognizes that there could be certain circumstances
that may warrant entity-specific waivers of these obligations after
March 31, 2022. This notice reminds entities that if they believe that
specific circumstances warrant continued relief from the requirements
addressed herein after March 31, 2022, they may request a case-specific
waiver. Such requests will be addressed at that time.

    Dated: December 8, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-27066 Filed 12-14-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Proposed Rules]
[Pages 73396-73398]
[FR Doc No: 2012-29699]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1089]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule; correction.

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SUMMARY: On May 25, 2010, FEMA published in the Federal Register a
proposed rule that contained an erroneous table. This notice provides
corrections to that table, to be used in lieu of the information
published at 75 FR 29219. The table provided here represents the
flooding sources, location of referenced elevations, effective and
modified elevations, and communities affected for Scott County,
Kentucky, and Incorporated Areas. Specifically, it addresses the
following flooding

sources: Dry Run, Dry Run Tributary 1 (backwater effects from Dry Run),
Hall Branch (backwater effects from Eagle Creek), Lane Run, McCracken
Creek (backwater effects from North Elkhorn Creek), Royal Springs Creek
(backwater effects from North Elkhorn Creek), South Elkhorn Creek,
Spoon Branch (backwater effects from Eagle Creek), and Town Branch
(backwater effects from South Elkhorn Creek).

DATES: Comments are to be submitted on or before March 11, 2013.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
1089, to Luis Rodriguez, Chief, Engineering Management Branch, Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER> or
(email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER> or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) publishes proposed determinations of Base (1% annual-chance)
Flood Elevations (BFEs) and modified BFEs for communities participating
in the National Flood Insurance Program (NFIP), in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed BFEs and modified BFEs, together with the floodplain
management criteria required by 44 CFR 60.3, are minimum requirements.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own or pursuant to policies established by other
Federal, State, or regional entities. These proposed elevations are
used to meet the floodplain management requirements of the NFIP and
also are used to calculate the appropriate flood insurance premium
rates for new buildings built after these elevations are made final,
and for the contents in those buildings.

Corrections

    In the proposed rule published at 75 FR 29219, in the May 25, 2010,
issue of the Federal Register, FEMA published a table under the
authority of 44 CFR 67.4. The table, entitled ``Scott County, Kentucky,
and Incorporated Areas'' addressed the following flooding sources: Dry
Run, Dry Run Tributary 1 (backwater effects from Dry Run), Hall Branch
(backwater effects from Eagle Creek), Lane Run, McCracken Creek
(backwater effects from North Elkhorn Creek), Royal Springs Creek
(backwater effects from North Elkhorn Creek), South Elkhorn Creek,
Spoon Branch (backwater effects from Eagle Creek), and Town Branch
(backwater effects from South Elkhorn Creek). That table contained
inaccurate information as to the affected communities for the flooding
source Spoon Branch (backwater effects from Eagle Creek). In this
notice, FEMA is publishing a table containing the accurate information,
to address these prior errors. The information provided below should be
used in lieu of that previously published.

----------------------------------------------------------------------------------------------------------------
                                                             * Elevation in feet (NGVD)  +
                                                          Elevation in feet (NAVD)
                                 Location of referenced   Depth in feet above ground  [caret]     Communities
       Flooding source(s)               elevation              Elevation in meters (MSL)            affected
                                                        --------------------------------------
                                                             Effective           Modified
----------------------------------------------------------------------------------------------------------------
                                 Scott County, Kentucky, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Dry Run........................  Approximately 0.5 mile               +800               +801  City of
                                  upstream of the North                                         Georgetown,
                                  Elkhorn Creek                                                 Unincorporated
                                  confluence.                                                   Areas of Scott
                                                                                County.
                                 Approximately 1.2                    None               +880
                                  miles upstream of
                                  Burton Pike.
Dry Run Tributary 1 (backwater   From the Dry Run                     None               +828  Unincorporated
 effects from Dry Run).           confluence to                                                 Areas of Scott
                                  approximately 0.3                                             County.
                                  mile downstream of I-
                                  75.
Hall Branch (backwater effects   From the Eagle Creek                 None               +780  Unincorporated
 from Eagle Creek).               confluence to                                                 Areas of Scott
                                  approximately 0.3                                             County.
                                  mile upstream of
                                  Hinton-Sadieville
                                  Road.
Lane Run.......................  At the North Elkhorn                 +812               +811  City of
                                  Creek confluence.                                             Georgetown,
                                                                                Unincorporated
                                                                                Areas of Scott
                                                                                County.
                                 Approximately 850 feet               None               +889
                                  upstream of Delaplain
                                  Road.
McCracken Creek (backwater       From the North Elkhorn               None               +782  City of
 effects from North Elkhorn       Creek confluence to                                           Georgetown,
 Creek).                          approximately 269                                             Unincorporated
                                  feet downstream of                                            Areas of Scott
                                  the McCracken Creek                                           County.
                                  Tributary 2
                                  confluence.
Royal Springs Creek (backwater   From the North Elkhorn               None               +798  City of
 effects from North Elkhorn       Creek confluence to                                           Georgetown,
 Creek).                          approximately 0.4                                             Unincorporated
                                  mile upstream of                                              Areas of Scott
                                  Paddler Lane.                                                 County.
South Elkhorn Creek............  Just downstream of                   None               +813  Unincorporated
                                  South Weisenberger                                            Areas of Scott
                                  Mill Road.                                                    County.
                                 At the Town Branch                   None               +816
                                  confluence.
Spoon Branch (backwater effects  From the Eagle Creek                 None               +778  City of
 from Eagle Creek).               confluence to                                                 Sadieville,
                                  approximately 783                                             Unincorporated
                                  feet upstream of                                              Areas of Scott
                                  Sadieville Road.                                              County.

Town Branch (backwater effects   From the South Elkhorn               None               +816  Unincorporated
 from South Elkhorn Creek).       Creek confluence to                                           Areas of Scott
                                  approximately 0.4                                             County.
                                  mile upstream of the
                                  South Elkhorn Creek
                                  confluence.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

\**\ BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472.

                                                    ADDRESSES
City of Georgetown
Maps are available for inspection at City Hall, 100 Court Street, Georgetown, KY 40324.
City of Sadieville
Maps are available for inspection at City Hall, 605 Pike Street, Sadieville, KY 40370.

                                      Unincorporated Areas of Scott County

Maps are available for inspection at 100 East Main Street, Georgetown, KY 40324.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: November 8, 2012.
James A. Walke,
Acting Deputy Associate Administrator for Mitigation, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2012-29699 Filed 12-7-12; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Notices]
[Pages 63973-63974]
[FR Doc No: 2011-26534]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65521; File No. SR-C2-2011-029]

Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Insert the Specific Conclusion Date of a Newly Approved Pilot
Program

October 7, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 4, 2011, C2 Options Exchange, Incorporated (the
``Exchange'' or ``C2'') filed with the Securities and Exchange
Commission (the ``Commission'') the proposed rule change as described
in Items I and II below, which Items have been prepared by the
Exchange. The Exchange filed the proposal as a ``non-controversial''
proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act
\3\ and Rule 19b-4(f)(6) thereunder.\4\ The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to make a technical amendment to its rules to
insert the specific conclusion date for a pilot program that permits
the trading of P.M.-settled S&P 500 Index options with third-Friday-of-
the-month expiration dates. The text of the proposed rule change is
available on the Exchange's Web site (http://www.cboe.org/legal), at
the Exchange's Office of the Secretary, and at the Commission.

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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On September 2, 2011, the Commission approved C2's proposal for a
14-month pilot program that permits the trading on C2 of P.M.-settled
S&P 500 Index options with third-Friday-of-the-month expiration dates
(the ``Pilot Program'').\5\ The purpose of this rule change is solely
to amend the rule text to insert the specific conclusion date of the
Pilot Program, which is November 2, 2012.\6\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 65256 (September 2,
2011), 76 FR 55969 (September 9, 2011) (approving SR-C2-2011-008).
    \6\ Previously the rule text indicated that the Exchange would
insert the date 14 months from approval, which approval occurred on
September 2, 2011. Id.
---------------------------------------------------------------------------

2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \7\ that an exchange have rules that
are designed to promote just and equitable principles of trade, and to
remove impediments to and perfect the mechanism for a free and open
market and a national market system, and, in general, to protect
investors and the public interest. In particular, the proposed rule
change seeks to update the text to reflect the actual expiration date
of the Pilot Program in a matter that is consistent with the original
approval of the Pilot Program. This action will remove any confusion in
the C2 Rules regarding the expiration date of the Pilot Program,
thereby removing impediments to and perfecting the mechanism for a free
and open market and a national market system, and, in general,
protecting investors and the public interest.
---------------------------------------------------------------------------

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

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

    C2 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 solicited or received with respect to the
proposed rule change.

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

    Because the foregoing rule does not (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, provided that the self-regulatory organization
has given the Commission written notice of its intent to file the
proposed rule change at least five business days prior to the date of
filing of the proposed rule change or such shorter time as designated
by the Commission, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6)
thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    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-C2-2011-029 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-C2-2011-029. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the C2. 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-C2-2011-029 and should be
submitted on or before November 4, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-26534 Filed 10-13-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Notices]
[Pages 8830-8832]
[FR Doc No: 2021-02658]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0036]

Qualification of Drivers; Exemption Applications; Implantable
Cardioverter Defibrillators

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

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

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SUMMARY: FMCSA announces receipt of an application from one individual
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against operation of a commercial motor
vehicle (CMV) by persons with a current clinical diagnosis of
myocardial infarction, angina pectoris, coronary insufficiency,
thrombosis, or any other cardiovascular disease of a variety known to
be accompanied by syncope (transient loss of consciousness), dyspnea
(shortness of breath), collapse, or congestive heart

failure. If granted, the exemption would enable this individual with an
implantable cardioverter defibrillator (ICD) to operate a CMV in
interstate commerce.

DATES: Comments must be received on or before March 11, 2021.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket ID FMCSA-2021-0036 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D=FMCSA-2021-0036. Follow the online
instructions for submitting comments.
     Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2021-0036), 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 that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov/docket?D=FMCSA-2021-0036. Click on the ``Comment Now!'' button and type
your comment into the text box on the following screen. Choose whether
you are submitting your comment as an individual or on behalf of a
third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2021-0036 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting the Dockets Operations in Room W12-140 on the ground floor of
the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001, between 9 a.m. and 5 p.m., ET, Monday through Friday, except
Federal holidays. To be sure someone is there to help you, please call
(202) 366-9317 or<PHONE_NUMBER> before visiting Dockets 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.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-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 statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The individual listed in this notice has requested an exemption
from 49 CFR 391.41(b)(4). Accordingly, the Agency will evaluate the
qualifications of the applicant to determine whether granting the
exemption will achieve the required level of safety mandated by
statute.
    The physical qualification standard found in Sec.  391.41(b)(4)
states that a person is physically qualified to drive a CMV if that
person has no current clinical diagnosis of myocardial infarction,
angina pectoris, coronary insufficiency, thrombosis, or any other
cardiovascular disease of a variety known to be accompanied by syncope,
dyspnea, collapse, or congestive cardiac failure.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce. The advisory criteria states that ICDs are
disqualifying due to risk of syncope.
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    \1\ These criteria may be found in 49 CFR part 391, APPENDIX A
TO PART 391--MEDICAL ADVISORY CRITERIA, section D. Cardiovascular:
Sec.  391.41(b)(4), paragraph 4, which is available on the internet
at https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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III. Qualifications of Applicant

Matthew Wackt

    Mr. Wackt is a CMV driver in Wisconsin. A January 8, 2021, letter
from his cardiologist reports that his ICD was implanted in March of
2019, for secondary prevention of high risk cardiac arrhythmias for
which he has not received ICD therapy since the device was implanted,
nor has he reported any symptoms associated with any cardiac
arrhythmia. His cardiologist's letter states that Mr. Wackt is stable
from a cardiac electrophysiology perspective, and maintains ICD follow-
up, however, remains at risk for recurrent ventricular arrhythmias in
the setting of his underlying diagnosis. The cardiologist's letter also
states that the presence of an ICD does not guarantee prevention of
syncope.
Request for Comments
    In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petition
described in this notice. We will consider all comments received before
the close of business on

the closing date indicated under the DATES section of the notice.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2021-02658 Filed 2-8-21; 8:45 am]
BILLING CODE 4910-EX-P