[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Notices]
[Pages 27494-27498]
[FR Doc No: 2012-11256]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30060; 813-194]

SK Private Investment Fund 1998 LLC, et al.; Notice of
Application

May 4, 2012.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under sections 6(b) and
6(e) of the Investment Company Act of 1940 (the ``Act'') granting an
exemption from all provisions of the Act, except sections 9, 17, 30 and
36 through 53, and the rules and regulations under the Act (the ``Rules
and Regulations''). With respect to sections 17(a), (d), (f), (g), and
(j) of the Act, sections 30(a), (b), (e), and (h) of the Act and the
Rules and Regulations and rule 38a-1 under the Act, applicants request
a limited exemption as set forth in the application.

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SUMMARY:  Summary of the Application: Applicants request an order to
exempt certain limited liability companies formed for the benefit of
eligible employees of Skadden, Arps, Slate, Meagher & Flom and its
affiliates from certain provisions of the Act. Each limited liability
company will be an ``employees' securities company'' within the meaning
of section 2(a)(13) of the Act.
    Applicants: SK Private Investment Fund 1998 LLC, Project Capital
2004 Investment Fund LLC, Project Capital 2006 Investment Fund LLC, and
Project Capital 2008 Investment Fund LLC (``Existing Funds''), and
Skadden, Arps, Slate, Meagher & Flom LLP (``Skadden Arps LLP'').

DATES:  Filing Dates: The application was filed on June 5, 1998 and
amended on February 18, 1999, April 2, 1999, August 30, 2000, February
1, 2005, May 18, 2009, November 17, 2009, October 25, 2010, November
18, 2011, March 20, 2012, and May 3, 2012.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on May 30, 2012 and should be accompanied by proof of service
on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. Applicants, Four Times Square,
New York, New York 10036.

FOR FURTHER INFORMATION CONTACT: Marilyn Mann, Special Counsel, at
(202) 551-6813 or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/seach.htm or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Existing Funds are Delaware limited liability companies
formed pursuant to limited liability company agreements. The applicants
may in the future offer additional pooled investment vehicles identical
in all material respects (other than form of organization, investment
objective and/or strategy) to the same class of investors as those
investing in the Existing Funds (the ``Subsequent Funds'' and, together
with the Existing Funds, the ``Investment Funds''). The applicants
anticipate that each Subsequent Fund will also be structured as a
limited liability company, although a Subsequent Fund could be
structured as a domestic or offshore general partnership, limited
partnership or corporation. The operating agreements of the Investment
Funds are the ``Investment Fund Agreements.'' An Investment Fund may
include a single vehicle designed to issue interests in series
(``Series'') or having similar features to enable a single fund to
function as if it were several successive funds for ease of
administration. Each Investment Fund will be an employees' securities
company within the meaning of section 2(a)(13) of the Act. Skadden Arps
LLP, a Delaware limited liability partnership, and any ``affiliates,''
as defined in rule 12b-2 under the Securities Exchange Act of 1934 (the
``Exchange Act''), that are organized to practice law are referred to
collectively as ``Skadden Arps'' and individually as a ``Skadden Arps
Entity.''
    2. In light of the community of interest that exists between
Skadden Arps and the Eligible Investors (as defined below), the
Investment Funds have been, and will be, established and controlled by
Skadden Arps, within the meaning of section 2(a)(9) of the Act, so as
to enable the Eligible Investors to participate in certain investment
opportunities that come to the attention of Skadden Arps. Such
opportunities may include separate accounts, registered investment
companies, investment companies exempt from registration under the Act,
commodity pools, real estate investment funds, and other securities
investments (each particular investment, except any investment that is
a ``Temporary Investment,'' \1\ is referred to as an ``Investment'').
Participation as investors in the Investment Funds will allow the
Eligible Investors who are members of the Investment Funds (the
``Members'') to diversify their investments and to have the opportunity
to participate in investments that might not otherwise be available to
them or

that might be beyond their individual means.
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    \1\ It is anticipated that capital will be contributed to an
Investment Fund only in connection with the funding of an
Investment. Pending the payment of the full purchase price for an
Investment, funds contributed to the Investment Fund will be
invested in high quality short-term investments, shares of money
market funds, or bank deposits (collectively, ``Temporary
Investments'').
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    3. Interests in an Investment Fund (``Units'') will be offered and
sold in reliance upon the exemption from registration under the
Securities Act of 1933 (the ``Securities Act'') contained in section
4(2) of the Securities Act or Regulation D under the Securities Act.
Units will be offered only to persons (``Eligible Investors'') who meet
the following criteria: (a) Current or former partners of, or key
administrative employees and lawyers employed by, Skadden Arps
(collectively, ``Eligible Affiliates''), the immediate family members
of Eligible Affiliates, which are a person's siblings, spouse,
children, spouses of children, and grandchildren, including step and
adoptive relationships (``Eligible Family Members''), or trusts or
other entities the sole beneficiaries of which consist of Eligible
Affiliates or their Eligible Family Members (``Eligible Trusts''); and
(b) who are ``accredited investors'' as that term is defined in
Regulation D under the Securities Act. Prior to offering a Unit to an
individual, the Investment Committee (as defined below) must reasonably
believe that the individual is a sophisticated investor capable of
understanding and evaluating the risks of participating in the
Investment Fund without the benefit of regulatory safeguards.
    4. Each Investment Fund will have an investment committee
(``Investment Committee''), which will consist of not less than two
persons who are Eligible Affiliates and who may but are not required to
be Members. The chief function of the Investment Committee will be to
review possible Investments for the Investment Fund for submission to
the Members for approval or disapproval. Members of the Investment
Committee are selected by the executive managing partner of Skadden
Arps, and typically include partners and key administrative employees
of Skadden Arps knowledgeable in operation, taxation and regulation of
Investments and of the Investment Funds. The Investment Committee may
select Temporary Investments for the Investment Fund. No Investment
will be made by an Investment Fund unless the Investment has been
``Approved by the Members,'' which means (i) with respect to any matter
relating to the Investment Fund, the approval by Members representing
at least a majority of the capital commitments of such Investment Fund
and (ii) with respect to any matter relating to a particular Series,
the approval by Members representing at least a majority of the capital
commitments attributable to such Series. No Members will make or have
the right to make an individual investment decision with respect to any
Investment submitted to the Members for approval or disapproval. The
Investment Committee will consider whether it or any other person
involved in the operation of the Investment Fund is required to
register under the Investment Advisers Act of 1940 (the ``Advisers
Act''). Such persons will register as investment advisers under the
Advisers Act if such registration is required under the Advisers Act
and the rules under the Advisers Act.
    5. Each Investment Fund will have an administrator (the
``Administrator'') who is selected by the executive managing partner of
Skadden Arps and who is knowledgeable in the operation and taxation of
the Investment Funds. The Administrator may, but is not required to be,
a Member in the Investment Fund. The Administrator will not recommend
Investments or exercise investment discretion. No management fee or
other compensation will be paid by any Investment Fund or the Members
to the Administrator.
    6. Applicants represent and concede that each of the Administrator,
the members of the Investment Committee and the Tax Matters Partner (as
defined below) are, as applicable, an ``employee, officer, director,
member of the an advisory board, investment adviser, or depositor'' of
the Investment Funds within the meaning of section 9 of the Act and an
``officer, director, member of any advisory board, investment adviser,
or depositor'' within the meaning of section 36 of the Act and are
subject to those sections.
    7. The specific investment objectives and strategies for a
particular Investment Fund will be set forth in the Investment Fund
Agreement and an information memorandum relating to the Units offered
by the Investment Fund, and each Eligible Investor will receive a copy
of the information memorandum and Investment Fund Agreement before
making an investment in the Investment Fund. The terms of an Investment
Fund will be disclosed to each Eligible Investor at the time the
investor is invited to participate in the Investment Fund.
    8. The value of the Members' capital accounts for the purpose of
filing tax returns will be determined at such times as the
Administrator, in consultation with the Tax Matters Partner under
section 6231(a)(7) of the Internal Revenue Code of 1986 (the ``Tax
Matters Partner'') deems appropriate or necessary; however, such
valuation will be done at least annually at the Investment Fund's
fiscal year-end. Tax Matters Partner for the Investment Funds is
selected by the executive managing partner of Skadden Arps, and
typically will be a partner or a senior administrative employee of
Skadden Arps responsible for the preparation or administration of tax
reporting in connection with the Investment Funds. The Administrator
will value the assets of an Investment Fund at the current market price
(closing price) in the case of marketable securities. All other
securities or assets will be valued at fair value as determined in good
faith by the Administrator.
    9. Administration of the Investment Funds will be vested in the
Investment Committee, Tax Matters Partner and the Administrator. Each
Investment Fund Agreement provides that the Investment Fund will bear
its own expenses or that such expenses shall be borne by Skadden Arps.
No separate management fee will be charged to an Investment Fund by the
Investment Committee or the Administrator. No compensation will be paid
by any Investment Fund or its Members to the Administrator, Tax Matters
Partner, or the members of the Investment Committee for their services
in such capacity.
    10. Whenever Skadden Arps, the members of the Investment
Committees, the Administrator, the Tax Matters Partner or any other
person acting for or on behalf of the Investment Funds is required or
permitted to make a decision, take or approve an action or omit to do
any of the foregoing in such person's discretion, then such person
shall exercise such discretion in accordance with reasonableness and
good faith and their fiduciary duties (if any) owed to the Investment
Funds and their Members.
    11. Each Investment Fund Agreement and any other organizational
documents for and any other contractual arrangement regarding an
Investment Fund will not contain any provision which protects or
purports to protect Skadden Arps, the members of the Investment
Committee, the Administrator, the Tax Matters Partner, or their
delegates against any liability to the Investment Fund or the Members
to which such person would otherwise be subject by reason of such
person's willful misfeasance, bad faith, or gross negligence in the
performance of such person's duties, or by reason of such person's
reckless disregard of such person's obligations and duties under such
contract or organizational documents.
    12. Each Investment Fund will send its Members an annual report
regarding its operations as soon as practicable after the end of each
fiscal year. The

annual report of the Investment Fund will contain audited financial
statements.\2\ Each Investment Fund, within 120 days after the end of
the tax year of such Investment Fund, if possible, or as soon as
practicable thereafter, will transmit a report to each Member setting
out information with respect to the Member's distributive share of
income, gains, losses, credits and other items for federal income tax
purposes, resulting from the operation of the Investment Fund during
that year.
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    \2\ For purposes of this requirement, ``audit'' shall have the
meaning defined in rule 1-02(d) of Regulation S-X.
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    13. Members will not be entitled to redeem their respective Units.
A Member will be permitted to transfer his or her Units only to
Eligible Investors and only with the express consent of the Investment
Committee or the Administrator. No fee of any kind will be charged in
connection with the sale of Units of the Investment Fund.
    14. Each Investment Fund Agreement provides that the Administrator
may require a Member to withdraw from the Investment Fund if the
Administrator, in its discretion, deems such withdrawal to be in the
best interests of the Investment Fund, including in instances in which
the Member is no longer an Eligible Investor or affiliated with Skadden
Arps. Upon withdrawal, a Member will be entitled to receive at a
minimum the lesser of (i) the amount actually paid by the Member to
acquire the Units, plus interest, less those amounts returned to the
Member as distributions, or (ii) the fair market value of the Units,
determined at the time of withdrawal, as determined in good faith by
the Administrator.
    15. To provide flexibility in connection with an Investment Fund's
obligation to contribute capital to fund an Investment, and the
associated obligation of the Members to make capital contributions with
respect to their capital commitments, each Investment Fund Agreement
provides that the Investment Fund may engage in borrowings in
connection with such funding of Investments. All borrowings by an
Investment Fund will be debt of the Investment Fund and without
recourse to the Members. The Investment Funds will not borrow from any
person if the borrowing would cause any person not named in section
2(a)(13) of the Act to own any outstanding securities of the Investment
Fund (other than short-term paper). If Skadden Arps makes a loan to an
Investment Fund, it (as lender) will be entitled to receive interest at
a rate no less favorable to the Investment Funds than the rate that
could be obtained on an arm's length basis. Skadden Arps may in its
discretion advance funds to Eligible Investors for the purpose of
making their capital contributions. Skadden Arps will charge no
interest with respect to such loans.
    16. An Investment Fund will not acquire any security issued by a
registered investment company if immediately after the acquisition, the
Investment Fund would own more than 3% of the total outstanding voting
stock of the registered investment company.

Applicants' Legal Analysis

    1. Section 6(b) of the Act provides, in part, that the Commission
will exempt employees' securities companies from the provisions of the
Act to the extent that the exemption is consistent with the protection
of investors. Section 6(b) provides that the Commission will consider,
in determining the provisions of the Act from which the company should
be exempt, the company's form of organization and capital structure,
the persons owning and controlling its securities, the price of the
company's securities and the amount of any sales load, the disposition
of the proceeds of any sales of the company's securities, how the
company's funds are invested, and the relationship between the company
and the issuers of the securities in which it invests. Section 2(a)(13)
defines an employees' securities company as any investment company all
of whose securities (other than short-term paper) are beneficially
owned (a) by current or former employees, or persons on retainer, of
one or more affiliated employers, (b) by immediate family members of
such persons, or (c) by such employer or employers together with any of
the persons in (a) or (b).
    2. Section 7 of the Act generally prohibits investment companies
that are not registered under section 8 of the Act from selling or
redeeming their securities. Section 6(e) of the Act provides that, in
connection with any order exempting an investment company from any
provision of section 7, certain provisions of the Act, as specified by
the Commission, will be applicable to the company and other persons
dealing with the company as though the company were registered under
the Act. Applicants request an order under sections 6(b) and 6(e) of
the Act exempting applicants from all provisions of the Act, except
sections 9, 17, 30, 36 through 53, and the Rules and Regulations. With
respect to sections 17(a), (d), (f), (g) and (j) and 30(a), (b), (e)
and (h) of the Act and the Rules and Regulations, and rule 38a-1 under
the Act, applicants request a limited exemption as set forth in the
application.
    3. Section 17(a) of the Act generally prohibits any affiliated
person of a registered investment company, or any affiliated person of
an affiliated person, acting as principal, from knowingly selling or
purchasing any security or other property to or from the company.
Applicants request an exemption from section 17(a) to permit an
Investment Fund: to invest in or participate as a selling security-
holder in a principal transaction with one or more affiliated persons
(as defined in section 2(a)(3) of the Act) (``First-Tier Affiliates'')
and affiliated persons of such First-Tier Affiliates (``Second-Tier
Affiliates,'' and together with First-Tier Affiliates, ``Affiliates'')
of an Investment Fund.
    4. Applicants submit that the exemptions sought from section 17(a)
are consistent with the purposes of the Act and the protection of
investors. Applicants state that the Members will be informed in an
Investment Fund's communications relating to a particular Investment of
the possible extent of the dealings by such Investment and its sponsors
with Skadden Arps or any affiliated person thereof. Applicants also
state that, as experienced professionals acting on behalf of financial
services businesses, the Members will be able to evaluate the risks
associated with such dealings. Applicants assert that the community of
interest among the Members and Skadden Arps will serve to reduce the
risk of abuse in transactions involving the Investment Fund and Skadden
Arps or any Affiliate thereof.
    5. Section 17(d) of the Act and rule 17d-1 under the Act prohibit
any affiliated person of a registered investment company, or any
affiliated person of such person, acting as principal, from
participating in any joint arrangement with the registered investment
company unless authorized by the Commission. Applicants request an
exemption from section 17(d) and rule 17d-1 to the extent necessary to
permit an Investment Fund to engage in transactions in which an
Affiliate participates as a joint or a joint and several participant
with such Investment Fund.
    6. Joint transactions in which an Investment Fund could participate
might include the following: (a) A joint investment by one or more
Investment Funds in a security in which Skadden Arps or another
Investment Fund is a joint participant or plans to become a participant
or (b) a joint investment by one or more Investment Funds in another
Investment Fund or any other investment vehicle sponsored, offered

or managed by Skadden Arps or any Affiliate thereof; and (c) a joint
investment by one or more Investment Funds in a security in which an
Affiliate is an investor or plans to become an investor, including
situations in which an Affiliate has a partnership or other interest
in, or compensation arrangements with, such issuer, sponsor or offeror.
    7. Applicants assert that compliance with section 17(d) and rule
17d-1 would cause an Investment Fund to forego investment opportunities
simply because a Member, Skadden Arps or other Affiliates also had or
contemplated making a similar investment. In addition, because
attractive investment opportunities of the types considered by an
Investment Fund often require that each participant make available
funds in an amount that may be substantially greater than that
available to the investor alone, there may be certain attractive
opportunities of which an Investment Fund may be unable to take
advantage except as a co-participant with other persons, including
Affiliates. Applicants believe that the flexibility to structure co-
and joint investments in the manner described above will not involve
abuses of the type section 17(d) and rule 17d-1 were designed to
prevent. Applicants acknowledge that any transactions subject to
section 17(d) and rule 17d-1 for which exemptive relief has not been
requested in the application would require specific approval by the
Commission.
    8. Section 17(f) of the Act designates the entities that may act as
investment company custodians, and rule 17f-2 under the Act allows an
investment company to act as self-custodian. Applicants request an
exemption to permit the following exceptions from the requirements of
rule 17f-2: (i) Compliance with paragraph (b) of the rule may be
achieved through safekeeping in the locked files of Skadden Arps or of
a partner of Skadden Arps; (ii) for the purposes of paragraph (d) of
the rule, (A) employees of Skadden Arps will be deemed employees of the
Investment Funds, (B) the Administrator will be deemed to be an officer
of the Investment Funds, and (C) the members of the Investment
Committee will be deemed to be the board of directors of the Investment
Funds; and (iii) instead of the verification procedure under paragraph
(f) of the rule, verification will be effected quarterly by two
employees of Skadden Arps each of whom shall have sufficient knowledge,
sophistication and experience in business matters to perform such
examination. Investments also may be evidenced by partnership
agreements or similar documents. Such instruments are most suitably
kept in Skadden Arps' files, where they can be referred to as
necessary. Applicants will comply with all other provisions of rule
17f-2.
    9. Section 17(g) and rule 17g-1 generally require the bonding of
officers and employees of a registered investment company who have
access to its securities or funds. Rule 17g-1 requires that a majority
of directors who are not interested persons of a registered investment
company (``disinterested directors'') take certain actions and give
certain approvals relating to fidelity bonding. Paragraph (g) of rule
17g-1 sets forth certain materials relating to the fidelity bond that
must be filed with the Commission and certain notices relating to the
fidelity bond that must be given to each member of the investment
company's board of directors. Paragraph (h) of rule 17g-1 provides that
an investment company must designate one of its officers to make the
filings and give the notices required by paragraph (g). Paragraph (j)
of rule 17g-1 exempts a joint insured bond provided and maintained by
an investment company and one or more parties from section 17(d) of the
Act and the rules thereunder. Rule 17g-1(j)(3) requires that the board
of directors of an investment company satisfy the fund governance
standards defined in rule 0-1(a)(7).
    10. Applicants request an exemption from section 17(g) and rule
17g-1 to permit the Administrator to take actions and determinations as
set forth in the rule. Applicants state that, because the Administrator
will be an interested person of the Fund, the Fund could not comply
with rule 17g-1 without the requested relief. Specifically, each Fund
will comply with rule 17g-1 by having the Administrator take such
actions and make approvals as are set forth in rule 17g-1. Applicants
also request an exemption from the requirements of rule 17g-1(g) and
(h) relating to the filing of copies of fidelity bonds and related
information with the Commission and the provision of notices to the
board of directors and from the requirements of rule 17g-1(j)(3).
Applicants believe the filing requirements are burdensome and
unnecessary as applied to the Investment Funds. The Administrator will
maintain the materials otherwise required to be filed with the
Commission by rule 17g-1(g) and agrees that all such material will be
subject to examination by the Commission and its staff. Applicants also
state that the notices otherwise required to be given to the board of
directors are unnecessary in the case of the Investment Funds. The
Funds will comply with all other requirements of rule 17g-1. The
fidelity bond of the Investment Funds will cover all employees of
Skadden Arps who have access to the securities or funds of the
Investment Funds.
    11. Applicants request an exemption from the requirements,
contained in section 17(j) of the Act and rule 17j-1 under the Act,
that every registered investment company adopt a written code of ethics
and every ``access person'' of such registered investment company
report to the investment company with respect to transactions in any
security in which such access person has, or by reason of the
transaction acquires, any direct or indirect beneficial ownership in
the security. Applicants request an exemption from the requirements in
rule 17j-1, with the exception of rule 17j-1(b), because they are
burdensome and unnecessary as applied to the Investment Funds and
because the exemption is consistent with the policy of the Act.
Requiring the Investment Funds to adopt a written code of ethics and
requiring access persons to report each of their securities
transactions would be time-consuming and expensive and would serve
little purpose in light of, among other things, the community of
interest among the Members of the Investment Fund by virtue of their
common association with Skadden Arps. Accordingly, the requested
exemption is consistent with the purposes of the Act because the
dangers against which section 17(j) and rule 17j-1 are intended to
guard are not present in the case of the Investment Fund.
    12. Applicants request an exemption from the requirements in
sections 30(a), 30(b), and 30(e) of the Act, and the rules under those
sections, that registered investment companies prepare and file with
the Commission and mail to their shareholders certain periodic reports
and financial statements. Applicants contend that the forms prescribed
by the Commission for periodic reports have little relevance to the
Investment Funds and would entail administrative and legal costs that
outweigh any benefit to the Members. Applicants request exemptive
relief to the extent necessary to permit the Investment Funds to report
annually to their Members. Applicants also request an exemption from
section 30(h) of the Act to the extent necessary to exempt the
Administrator, the members of the Investment Committee, and any other
person who may be deemed to be an officer, director, member of an
advisory board, or otherwise subject to section

30(h), from filing Forms 3, 4 and 5 under section 16 of the Exchange
Act with respect to their ownership of Units. Applicants assert that,
because there would be no trading market and the transfer of Units is
severely restricted, these filings are unnecessary for the protection
of investors and burdensome to those required to make them.
    13. Rule 38a-1 requires investment companies to adopt, implement
and periodically review written policies reasonably designed to prevent
violation of the federal securities laws and to appoint a chief
compliance officer. Each Investment Fund will comply with rule 38a-
1(a), (c) and (d), except that (i) because the Investment Fund does not
have a formal board of directors, the Investment Committee will fulfill
the responsibilities assigned to the board of directors under the rule,
and (ii) because the Investment Committee does not have any
disinterested members, approval by a majority of the disinterested
board members required by rule 38a-1 will not be obtained. In addition,
the Investment Funds will comply with the requirement in rule 38a-
1(a)(4)(iv) that the chief compliance officer meet with the independent
directors by having the chief compliance officer meet with the
Investment Committee.

Applicants' Conditions

    The applicants agree that any order granting the requested relief
will be subject to the following conditions:
    1. Each proposed transaction, to which an Investment Fund is a
party, otherwise prohibited by section 17(a) or section 17(d) and rule
17d-1 (the ``Section 17 Transactions'') will be effected only if the
Investment Committee determines that: (a) The terms of the Section 17
Transaction, including the consideration to be paid or received, are
fair and reasonable to Members of such Investment Fund and do not
involve overreaching of such Investment Fund or its Members on the part
of any person concerned; and (b) the Section 17 Transaction is
consistent with the interests of the Members of such Investment Fund,
the Investment Fund's organizational documents and the Investment
Fund's reports to its Members.
    In addition, the Administrator will record and preserve a
description of such Section 17 Transactions, the findings of the
Investment Committee, the information or materials upon which their
findings are based and the basis therefor. All such records will be
maintained for the life of such Investment Fund and at least six years
thereafter, and will be subject to examination by the Commission and
its staff. All such records will be maintained in an easily accessible
place for at least the first two years.
    2. If purchases or sales are made by an Investment Fund from or to
an entity affiliated with the Investment Fund by reason of a member of
the Investment Committee (a) serving as an officer, director, general
partner or investment adviser of the entity, or (b) having a 5% or more
investment in the entity, such individual will not participate in (i)
the Investment Committee's determination of whether or not to submit
such Investment to the Members of the Investment Fund for approval and
(ii) the vote of the Members to approve or disapprove the Investment.
    3. The Investment Committee will adopt, and periodically review and
update, procedures designed to ensure that reasonable inquiry is made,
prior to the consummation of any Section 17 Transaction, with respect
to the possible involvement in the transaction of any affiliated person
or promoter of or principal underwriter for such Investment Fund, or
any affiliated person of such a person, promoter, or principal
underwriter.
    4. The Investment Committee will not make available to the Members
of an Investment Fund any investment in which a Co-Investor, as defined
below, has or proposes to acquire the same class of securities of the
same issuer, where the investment involves a joint enterprise or other
joint arrangement within the meaning of rule 17d-1 in which the
Investment Fund and the Co-Investor are participants, unless any such
Co-Investor, prior to disposing of all or part of its investment, (a)
gives the Investment Fund sufficient, but not less than one day's,
notice of its intent to dispose of its investment, and (b) refrains
from disposing of its investment unless the Investment Fund holding
such investment has the opportunity to dispose of its investment prior
to or concurrently with, on the same terms as, and on a pro rata basis
with, the Co-Investor. The term ``Co-Investor'' with respect to any
Investment Fund means any person who is (a) an ``affiliated person''
(as defined in section 2(a)(3) of the Act) of the Investment Fund; (b)
Skadden Arps; (c) a partner, lawyer, or employee of Skadden Arps; (d)
an investment vehicle offered, sponsored, or managed by Skadden Arps or
an affiliated person of Skadden Arps; or (e) an entity in which Skadden
Arps acts as a general partner or has a similar capacity to control the
sale or other disposition of the entity's securities.
    The restrictions contained in this condition, however, shall not be
deemed to limit or prevent the disposition of an investment by a Co-
Investor: (a) To its direct or indirect wholly-owned subsidiary, to any
company (a ``Parent'') of which the Co-Investor is a direct or indirect
wholly-owned subsidiary, or to a direct or indirect wholly-owned
subsidiary of its Parent; (b) to immediate family members of the Co-
Investor or a trust established for the benefit of any such immediate
family member; (c) when the investment is comprised of securities that
are listed on a national securities exchange registered under section 6
of the Exchange Act; or (d) when the investment is comprised of
securities that are NMS Stocks pursuant to section 11A(a)(2) of the
Exchange Act and Rule 600(b) under the Exchange Act.
    5. Each Investment Fund will send to each person who was a Member
in such Investment Fund at any time during the fiscal year then ended
audited financial statements with respect to those Series in which the
Member held Units. At the end of each fiscal year, the Administrator
will make a valuation or have a valuation made of all of the assets of
the Investment Fund as of the fiscal year end. In addition, as soon as
practicable after the end of each fiscal year of each Investment Fund,
the Investment Fund shall send a report to each person who was a Member
at any time during the fiscal year then ended, setting forth such tax
information as shall be necessary for the preparation by the Member of
his or her federal and state income tax returns and a report of the
investment activities of such Investment Fund during such year.
    6. Each Investment Fund will maintain and preserve, for the life of
such Investment Fund and at least six years thereafter, such accounts,
books, and other documents as constitute the record forming the basis
for the audited financial statements and annual reports of such
Investment Fund to be provided to its Members, and agree that all such
records will be subject to examination by the Commission and its staff.
All such records will be maintained in an easily accessible place for
at least the first two years.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-11256 Filed 5-9-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 160 (Monday, August 19, 2013)]
[Notices]
[Page 50437]
[FR Doc No: 2013-20083]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4136-DR; Docket ID FEMA-2013-0001]

Texas; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Texas (FEMA-4136-DR), dated August 2, 2013,
and related determinations.

DATES: Effective Date: August 2, 2013.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated August 2, 2013, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Texas resulting from an explosion during the period of April 17-
20, 2013, is of sufficient severity and magnitude to warrant a major
disaster declaration under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Texas.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated area and Hazard Mitigation throughout the State. Direct
Federal assistance is authorized. Consistent with the requirement
that Federal assistance be supplemental, any Federal funds provided
under the Stafford Act for Hazard Mitigation will be limited to 75
percent of the total eligible costs. Federal funds provided under
the Stafford Act for Public Assistance also will be limited to 75
percent of the total eligible costs, with the exception of projects
that meet the eligibility criteria for a higher Federal cost-sharing
percentage under the Public Assistance Alternative Procedures Pilot
Program for Debris Removal implemented pursuant to Section 428 of
the Stafford Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Kevin L. Hannes, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Texas have been designated as
adversely affected by this major disaster:

    McLennan County for Public Assistance, including direct federal
assistance.
    All counties within the State of Texas are eligible to apply for
assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-20083 Filed 8-16-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Notices]
[Pages 6231-6234]
[FR Doc No: 2022-02203]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0026]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

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

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SUMMARY: FMCSA announces receipt of applications from 32 individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to control a commercial motor
vehicle (CMV) to drive in interstate commerce. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs in
interstate commerce.

DATES: Comments must be received on or before March 7, 2022.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-2021-0026 using any of the
following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number, FMCSA-2021-0026, in the keyword box, and
click ``Search.'' Next, sort the results by ``Posted (Newer-Older),''
choose the first notice listed,

and click on the ``Comment'' button. Follow the online instructions for
submitting comments.
     Mail: Dockets 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 20590-0001 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 protected]ot.gov, FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are 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, (202)
366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2021-0026), 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 www.regulations.gov/docket?D=FMCSA-2021-0026. Next, sort the results by ``Posted (Newer-
Older),'' choose the first notice listed, click the ``Comment'' button,
and type your comment into the text box on the following screen. Choose
whether you are submitting your comment as an individual or on behalf
of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2021-0026, in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, and click ``Browse Comments.'' If you do not have access
to the internet, you may view the docket online by visiting 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<PHONE_NUMBER> or
(202) 366-9826 before visiting Dockets Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory 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.transportation.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 32 individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications
of each applicant to determine whether granting the exemption will
achieve the required level of safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV 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 CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, 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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    The criteria states that if an individual has had a sudden episode
of a non-epileptic seizure or loss of consciousness of unknown cause
that 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 CMV should be made on an individual basis by
the ME 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 has 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 recovered fully from that
condition, has no existing residual complications, and is not taking
anti-seizure medication.
    Drivers who have 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.
    As a result of MEs misinterpreting advisory criteria as regulation,
numerous drivers have been prohibited from operating a CMV in
interstate commerce based on the fact that they have had one or more
seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified ME based

on the physical qualification standards and medical best practices.
    On January 15, 2013, FMCSA announced in a Notice of Final
Disposition titled, ``Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders,'' (78 FR 3069), its decision to grant
requests from 22 individuals for exemptions from the regulatory
requirement that interstate CMV drivers have ``no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause loss of consciousness or any loss of ability to
control a CMV.'' Since that time, the Agency has published additional
notices granting requests from individuals for exemptions from the
regulatory requirement regarding epilepsy found in Sec.  391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure
disorders prohibition in Sec.  391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (78 FR 3069).

III. Qualifications of Applicants

Andrew Anzalone

    Mr. Anzalone is a 24-year old class DM license holder in
Massachusetts. He has a history of epilepsy and has been seizure free
since 2010. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2010. His physician states that he
is supportive of Mr. Anzalone receiving an exemption.

Anthony Cavaliere

    Mr. Cavaliere is a 33-year old class BM license holder in New York.
He had a generalized cerebral concussion and has been seizure free
since 2010. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2011. His physician states that he
is supportive of Mr. Cavaliere receiving an exemption.

Shane Chacon

    Mr. Chacon is a 53-year old class A license holder in Idaho. He has
a history of epilepsy and has been seizure free since 1997. He takes
anti-seizure medication with the dosage and frequency remaining the
same since 2019. His physician states that he is supportive of Mr.
Chacon receiving an exemption.

Brad Crawford

    Mr. Crawford is a 38-year old class E license holder in Louisiana.
He has a history of generalized epilepsy and has been seizure free
since 2013. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2015. His physician states that he
is supportive of Mr. Crawford receiving an exemption.

Michael Davee

    Mr. Davee is a 54-year old class C license holder in California. He
had a single, provoked seizure in October 2017. He does not take anti-
seizure medication. His physician states that he is supportive of Mr.
Davee receiving an exemption.

Callon Hegman

    Mr. Hegman is a 26-year old class E license holder in Missouri. He
has a history of juvenile absence epilepsy and has been seizure free
since 2012. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2017. His physician states that he
is supportive of Mr. Hegman receiving an exemption.

Jacob Hitchcock

    Mr. Hitchcock is a 31-year old class C license holder in Iowa. He
has a history of non-intractable epilepsy and has been seizure free
since May 2010. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2010. His physician states that he
is supportive of Mr. Hitchcock receiving an exemption.

Holly Hobert

    Ms. Hobert is a 27-year old class O license holder in Nebraska. He
has a history of generalized epilepsy and has been seizure free since
2013. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2016. His physician states that he is
supportive of Ms. Hobert receiving an exemption.

Gary Johnson

    Mr. Johnson is a 49-year old class E license holder in Missouri. He
has a history of chronic epilepsy and has been seizure free since March
2012. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2015. His physician states that he is
supportive of Mr. Johnson receiving an exemption.

Gregory Johnson

    Mr. Johnson is a 44-year old class C license holder in North
Carolina. He has a history of seizures and has been seizure free since
June 2011. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2013. His physician states that he
is supportive of Mr. Johnson receiving an exemption.

Lance Johnson

    Mr. Johnson is a 54-year old class D license holder in Tennessee.
He has a history of complex partial seizures and has been seizure free
since 2009. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2018. His physician states that he
is supportive of Mr. Johnson receiving an exemption.

Alan Keil

    Mr. Keil is a 45-year old class three license holder in Hawaii. He
has a history of epilepsy and has been seizure free for more than 10
years. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2011. His physician states that he is
supportive of Mr. Keil receiving an exemption.

Kim Langan

    Mr. Langan is a 59-year old class CM license holder in California.
He has a history of epilepsy and has been seizure free since 2013. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2015. His physician states that he is supportive of Mr.
Langan receiving an exemption.

Armando Macias-Tovar

    Mr. Macias-Tovar is a 34-year old class E license holder in
Florida. He has a history of generalized epilepsy and has been seizure
free since 2013. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2011. His physician states that he
is supportive of Mr. Macias-Tovar receiving an exemption.

Christian Mandahl

    Mr. Mandahl is a 31-year old class D license holder in Montana. He
has a history of primary generalized epilepsy and has been seizure free
since 2012. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2012. His physician states that he
is supportive of Mr. Mandahl receiving an exemption.

Joseph Mendoza

    Mr. Mendoza is a 48-year old operator license holder in Indiana. He
has a history of seizure disorder and has been seizure free since 1996.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2013. His physician states that he is
supportive of Mr. Mendoza receiving an exemption.

Edna Merritt

    Ms. Merritt is a 59-year old class D license holder in Tennessee.
She has a

history of partial complex seizure disorder and has been seizure free
since 2010. She takes anti-seizure medication with the dosage and
frequency remaining the same since 2007. Her physician states that he
is supportive of Ms. Merritt receiving an exemption.

Richard Packer

    Mr. Packer is a 33-year old class A license holder in Idaho. He has
a history of non-intractable generalized idiopathic epilepsy and has
been seizure free since 2003. He takes anti-seizure medication with the
dosage and frequency remaining the same since 2003. His physician
states that he is supportive of Mr. Packer receiving an exemption.

Alexander Paradis

    Mr. Paradis is a 24-year old class 10 license holder in Rhode
Island. He has a history of focal epilepsy and has been seizure free
since 2010. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2016. His physician states that he
is supportive of Mr. Paradis receiving an exemption.

Steven Paul

    Mr. Paul is a 60-year old class DM license holder in Wisconsin. He
has a history of seizure disorder and has been seizure free since 2012.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2013. His physician states that he is
supportive of Mr. Paul receiving an exemption.

Kevin Podman

    Mr. Podman is a 48-year old commercial driver's license (CDL)
holder in Illinois. He has a history of an unprovoked, one-time,
generalized tonic-clonic seizure and has been seizure free since 2014.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2014. His physician states that he is
supportive of Mr. Podman receiving an exemption.

Michael Reimer

    Mr. Reimer is a 37-year old class C license holder in California.
He has a history of epilepsy and has been seizure free since 2012. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2012. His physician states that he is supportive of Mr.
Reimer receiving an exemption.

Richard Riley

    Mr. Riley is a 66-year old class A license holder in Iowa. He has a
history of a single generalized nocturnal seizure and has been seizure
free since August 6, 2020. He takes anti-seizure medication with the
dosage and frequency remaining the same since August 6, 2020. His
physician states that he is supportive of Mr. Riley receiving an
exemption.

Charles Rivet

    Mr. Rivet is a 43-year old class 10 license holder in Iowa. He has
a history of complex partial seizure disorder and has been seizure free
since 2013. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2012. His physician states that he
is supportive of Mr. Rivet receiving an exemption.

Brian Runk

    Mr. Runk is a 31-year old class A license holder in Pennsylvania.
He has a history of a single, unprovoked, nocturnal seizure and has
been seizure free since 2016. He takes anti-seizure medication with the
dosage and frequency remaining the same since 2017. His physician
states that he is supportive of Mr. Runk receiving an exemption.

Lucas Schmidt

    Mr. Schmidt is a 41-year old class D license holder in New York. He
has a history of epilepsy and has been seizure free since 1997. He
takes anti-seizure medication with the dosage and frequency remaining
the same for more than 10 years. His physician states that he is
supportive of Mr. Schmidt receiving an exemption.

Bradley Scruggs

    Mr. Scruggs is a 27-year old class A license holder in California.
He has a history of focal awareness seizures and has been seizure free
since 2007. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2015. His physician states that he
is supportive of Mr. Scruggs receiving an exemption.

Kacen Shaffer

    Mr. Shaffer is a 22-year old class R license holder in Colorado. He
has a history of epilepsy and has been seizure free since 2013. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2014. His physician states that he is supportive of Mr.
Shaffer receiving an exemption.

Shaen Smith

    Mr. Smith is a 53-year old class D license holder in Minnesota. He
has a history of localization-related epilepsy and has been seizure
free since 1998. He takes anti-seizure medication with the dosage and
frequency remaining the same since 2015. His physician states that he
is supportive of Mr. Smith receiving an exemption.

Kip West

    Mr. West is a 53-year old class R license holder in Colorado. He
has a history of seizures and has been seizure free since 1985. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 1985. His physician states that he is supportive of Mr.
West receiving an exemption.

Derek Wettstein

    Mr. Wettstein is a 37-year old class C license holder in Texas. He
has a history of idiopathic epilepsy and epileptic syndrome, not
intractable, without status epilepticus and has been seizure free since
2004. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2004. His physician states that he is
supportive of Mr. Wettstein receiving an exemption.

Jeremy Williams

    Mr. Williams is a 19-year old CDL holder in Mississippi. He has a
history of a single unprovoked seizure and has been seizure free since
2017. He takes anti-seizure medication with the dosage and frequency
remaining the same since 2018. His physician states that he is
supportive of Mr. Williams receiving an exemption.

IV. 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 petitions
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. 2022-02203 Filed 2-2-22; 8:45 am]
BILLING CODE 4910-EX-P