[Federal Register: July 15, 2009 (Volume 74, Number 134)]
[Notices]
[Page 34326-34328]
[DOCID:fr15jy09-78]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

July 1, 2009.
    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG09-67-000.
    Applicants: Wilton Wind II, LLC.
    Description: Notice of Self Certification of Exempt Wholesale
Generator Status of Wilton Wind II, LLC.
    Filed Date: 07/01/2009.
    Accession Number: 20090701-5082.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 22, 2009.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER97-324-014; ER97-3834-021; ER00-1816-006; ER98-
3026-011; ER05-1469-002; ER07-415-003; ER01-2317-008; ER08-1418-001.
    Applicants: Detroit Edison Company, DTE Energy Trading, Inc., DTE
River Rouge No. 1, LLC, DTE Edison America, Inc., DTE East China, LLC,
DTE Pontiac North, LLC, Metro Energy, L.L.C., DTE Stoneman, LLC.
    Description: The Detroit Edison Company et al. submits joint
triennial market power update.
    Filed Date: 06/29/2009.
    Accession Number: 20090630-0005.
    Comment Date: 5 p.m. Eastern Time on Friday, August 28, 2009.

    Docket Numbers: ER97-4281-020; ER00-1259-009; ER02-1572-007; ER02-
1571-007; ER00-3718-008.
    Applicants: NRG Power Marketing LLC, Louisiana Generating LLC,
Bayou Cove Peaking Power LLC, Big Cajun I Peaking Power LLC, NRG
Sterlington Power LLC.
    Description: Request for Category 1 Seller Determination of NRG
Power Marketing LLC, et al.
    Filed Date: 06/30/2009.
    Accession Number: 20090630-5324.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER98-855-011.
    Applicants: Wisconsin Electric Power Company.
    Description: Market Power Analysis/Triennial Market Power Updates
of Wisconsin Electric Power Company.
    Filed Date: 06/30/2009.
    Accession Number: 20090630-5213.
    Comment Date: 5 p.m. Eastern Time on Monday, August 31, 2009.

    Docket Numbers: ER98-4515-010.
    Applicants: Cadillac Renewable Energy LLC.
    Description: Cadillac Renewable Energy LLC request for Category 1
Seller designation in the Central region pursuant to Section
35.36(a)(2) of the FERC's regulations and the regional schedule set
forth in Order 697-A.
    Filed Date: 06/30/2009.
    Accession Number: 20090701-0012.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER99-2948-017; ER00-2917-016; ER00-2918-016; ER05-
261-009; ER01-556-015; ER01-1654-018; ER05-728-009; ER02-2567-016;
ER04-485-013; ER07-244-008; ER07-245-008; ER07-247-008.
    Applicants: Baltimore Gas and Electric Company, Constellation Power
Source Generation LLC, Calvert Cliffs Nuclear Power Plant, Inc.,
Constellation Energy Commodities Group, Handsome Lake Energy, LLC, Nine
Mile Point Nuclear Station, LLC, Constellation NewEnergy, Inc.,
Constellation Energy Commodities Group M, R.E. Ginna Nuclear Power
Plant, LLC, Raven One, LLC, Raven Two, LLC, Raven Three, LLC.
    Description: Baltimore Gas and Electric Company et al. submits
Order 697 & 697--A request for determination of Category 1 Seller
status.
    Filed Date: 06/30/2009.
    Accession Number: 20090701-0072.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER00-3562-009; ER04-1221-004; ER03-49-006; ER99-
970-008.
    Applicants: Calpine Energy Services, L.P., Mankato Energy Center,
LLC, Riverside Energy Center, LLC, RockGen Energy, LLC.
    Description: Updated Market Power Analysis of Calpine Energy
Services, L.P., et al.
    Filed Date: 06/30/2009.
    Accession Number: 20090630-5235.
    Comment Date: 5 p.m. Eastern Time on Monday, August 31, 2009.

    Docket Numbers: ER00-3614-012; ER01-1300-010.
    Applicants: BP Energy Company, Whiting Clean Energy, Inc.
    Description: Updated Market Power Analysis of BP Energy Company and
Whiting Clean Energy, Inc.
    Filed Date: 06/30/2009.
    Accession Number: 20090630-5247.
    Comment Date: 5 p.m. Eastern Time on Monday, August 31, 2009.

    Docket Numbers: ER02-25-010; ER00-3751-008; ER08-1236-004.
    Applicants: Troy Energy, LLC; ANP Funding I, LLC; IPA Trading, LLC.
    Description: ANP Funding I, LLC et al. submits updated market power
analysis supporting their authorization to sell power at market-based
rates.
    Filed Date: 06/29/2009.
    Accession Number: 20090630-0040.
    Comment Date: 5 p.m. Eastern Time on Friday, August 28, 2009.

    Docket Numbers: ER02-1213-011.
    Applicants: Mirant Energy Trading, LLC.
    Description: Mirant Energy Trading, LLC submits revised market
based tariff and a request for Category 1 Seller status pursuant to
Order 697.
    Filed Date: 06/30/2009.
    Accession Number: 20090701-0014.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER02-1437-007.
    Applicants: Triton Power Michigan, LLC.
    Description: Triton Power Michigan LLC Updated Market Power
Analysis.
    Filed Date: 06/30/2009.
    Accession Number: 20090630-5310.
    Comment Date: 5 p.m. Eastern Time on Monday, August 31, 2009.

    Docket Numbers: ER03-345-013.
    Applicants: New England Power Pool Participants Committee.
    Description: New England Power Pool Participants Committee submits
their thirteenth Semi-Annual Status Report on Load Response Programs.
    Filed Date: 06/30/2009.
    Accession Number: 20090701-0013.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER03-762-013; ER03-533-005.
    Applicants: Alliant Energy Corporate Services, Inc.; Alliant Energy
Neenah, LLC.
    Description: Notice of change in status regarding market-based
rates authority of Alliant Energy Corporate Services, Inc.
    Filed Date: 06/29/2009.
    Accession Number: 20090629-5077.
    Comment Date: 5 p.m. Eastern Time on Monday, July 20, 2009.

    Docket Numbers: ER04-318-008.
    Applicants: Dominion Energy Kewaunee, Inc.
    Description: Dominion Energy Kewaunee, Inc. Market Power Analyses
for the Central Region.
    Filed Date: 06/30/2009.
    Accession Number: 20090630-5233.
    Comment Date: 5 p.m. Eastern Time on Monday, August 31, 2009.

    Docket Numbers: ER05-1372-002; ER05-1373-002; ER05-1374-002; ER05-
1375-002; ER05-1376-002; ER99-2774-017.
    Applicants: CinCap IV, LLC, CinCap V LLC, Cinergy Capital &
Trading, Inc., Cinergy Power Investments, Inc., St.

Paul Cogeneration, LLC, Duke Energy Trading & Marketing, LLC.
    Description: CinCap IV, LLC et al. submits Original Sheet 1 et al.
to Rate Schedule FERC No 2 Superseding Rate Schedule FERC No 1, First
Revised Volume 1.
    Filed Date: 06/30/2009.
    Accession Number: 20090701-0071.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER06-560-003.
    Applicants: Credit Suisse Energy LLC.
    Description: Credit Suisse Energy LLC, Notice of Non-Material
Change in Status.
    Filed Date: 06/30/2009.
    Accession Number: 20090630-5311.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER07-1106-004; ER01-390-006.
    Applicants: ArcLight Energy Marketing, LLC; Chandler Wind Partners,
LLC.
    Description: ArcLight Energy Marketing, LLC et al. submits its
Order 697 compliance filing and Category 1 Seller Status.
    Filed Date: 06/30/2009.
    Accession Number: 20090701-0015.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER07-277-007.
    Applicants: Invenergy Cannon Falls LLC.
    Description: Triennial Report of Invenergy Cannon Falls LLC.
    Filed Date: 06/30/2009.
    Accession Number: 20090630-5194.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER07-671-006.
    Applicants: Trigen-St. Louis Energy Corporation.
    Description: Trigen-St Louis Energy Corporation submits request for
category 1 seller designation and revisions to its market based rate
tariff.
    Filed Date: 06/30/2009.
    Accession Number: 20090701-0019.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER08-1297-003; ER01-1071-014; ER08-1293-003; ER08-
1294-003; ER06-9-009; ER03-34-013; ER06-1261-008; ER03-1104-010; ER03-
1105-010; ER08-197-007; ER06-1392-006; ER03-1103-005; ER98-2076-016;
ER98-4222-015; ER08-250-004; ER09-989-002; ER09-988-002; ER09-832-001;
ER08-1300-003; ER07-174-008; ER08-1296-003.
    Applicants: Ashtabula Wind, LLC; Badger Windpower LLC; Crystal Lake
Wind, LLC; Crystal Lake Wind II, LLC; FPL Energy Burleigh County Wind,
LLC; FPL Energy Hancock County Wind, LLC; FPL Energy Mower County, LLC;
FPL Energy North Dakota Wind, LLC; FPL Energy North Dakota Wind, LLC;
FPL Energy Oliver Wind II, LLC; FPL Energy Oliver Wind, LLC; FPL Energy
South Dakota Wind, LLC; Hawkeye Power Partners, LLC; Lake Benton Power
Partners II LLC; Langdon Wind, LLC; NextEra Energy Point Beach, LLC;
NextEra Energy Duane Arnold, LLC; Story Wind, LLC; NextEra Energy Power
Marketing, LLC; Osceola Windpower, LLC; Osceola Windpower II, LLC.
    Description: NextEra Companies Triennial Market Power Update for
the Central Region.
    Filed Date: 06/30/2009.
    Accession Number: 20090630-5327.
    Comment Date: 5 p.m. Eastern Time on Monday, August 31, 2009.

    Docket Numbers: ER08-237-006.
    Applicants: Forward Energy LLC.
    Description: Triennial Report of Forward Energy LLC.
    Filed Date: 06/30/2009.
    Accession Number: 20090630-5199.
    Comment Date: 5 p.m. Eastern Time on Monday, August 31, 2009.

    Docket Numbers: ER09-1117-000.
    Applicants: NGP Blue Mountain I LLC.
    Description: NGP Blue Mountains I LLC submits a supplement to its
MBR application.
    Filed Date: 06/19/2009.
    Accession Number: 20090622-0166.
    Comment Date: 5 p.m. Eastern Time on Monday, July 06, 2009.

    Docket Numbers: ER09-1370-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool Inc. submits Interim Large
Generator Interconnection Agreement between SPP as Transmission
Provider, Oklahoma Gas and Electric Company as Transmission Owner, and
OG&E as Interconnection Customer.
    Filed Date: 06/29/2009.
    Accession Number: 20090630-0020.
    Comment Date: 5 p.m. Eastern Time on Monday, July 20, 2009.

    Docket Numbers: ER09-1371-000.
    Applicants: Bank of America, N.A.
    Description: Bank of America, N.A. submits notice of cancellation
of its market based rate schedule, Electric Rate Schedule FERC No 1.
    Filed Date: 06/29/2009.
    Accession Number: 20090630-0018.
    Comment Date: 5 p.m. Eastern Time on Monday, July 20, 2009.

    Docket Numbers: ER09-1372-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc. submits an
executed two-party Large Generating Facility Interconnection Agreement
etc.
    Filed Date: 06/29/2009.
    Accession Number: 20090630-0019.
    Comment Date: 5 p.m. Eastern Time on Monday, July 20, 2009.

    Docket Numbers: ER09-1373-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits Second Revised Sheet 32 et al. to FERC Electric Tariff, Fourth
Revised Volume 1 to be effective 8/30/09.
    Filed Date: 06/30/2009.
    Accession Number: 20090630-0039.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER09-1375-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits revised
rate sheets to the Large Generation Interconnection Agreement etc.
    Filed Date: 06/30/2009.
    Accession Number: 20090630-0037.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER09-1376-000.
    Applicants: Duke Energy Business Services, LLC.
    Description: Duke Energy Business Services, LLC submits amended and
restated interconnection agreement between the City of Loganport,
Indiana and Duke Indiana.
    Filed Date: 06/30/2009.
    Accession Number: 20090630-0058.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER09-1377-000.
    Applicants: WSPP Inc.
    Description: WSPP Inc. submits revisions to reflect name changes
for several other members, as well as the termination of two other
memberships.
    Filed Date: 06/30/2009.
    Accession Number: 20090630-0057.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER09-1378-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits revised
rate sheets for the Small Generator Interconnection Agreement and the
Service Agreement for Wholesale Distribution Service, etc.
    Filed Date: 06/30/2009.
    Accession Number: 20090701-0016.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER09-1379-000.
    Applicants: Union Electric Company.
    Description: Union Electric Co. submits a service agreement for
Wholesale Distribution Service with the City of Jackson, Missouri.

    Filed Date: 06/30/2009.
    Accession Number: 20090701-0017.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER09-1380-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits a re-executed
Service Agreement for Network Integration Transmission Service with
Arkansas Electric Cooperative Corp et al.
    Filed Date: 06/30/2009.
    Accession Number: 20090701-0018.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER09-1384-000.
    Applicants: Consolidated Edison Company of New York, Inc.
    Description: Consolidated Edison Company of New York, Inc. submits
amendments to Con Edison's Delivery Service Rate Schedule 96 etc.
    Filed Date: 06/30/2009.
    Accession Number: 20090701-0073.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Docket Numbers: ER09-1385-000.
    Applicants: California Independent System Operator Corporation.
    Description: California Independent System Operator Corporation
submits Amendment 1 to the Amended and Restated Metered Subsystem
Agreement between the ISO and the City of Anaheim, California.
    Filed Date: 06/30/2009.
    Accession Number: 20090701-0061.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 21, 2009.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-16756 Filed 7-14-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Notices]
[Pages 10526-10528]
[FR Doc No: 2015-03957]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74334; File No. SR-BX-2015-012]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
BX Options Rules To Extend the Pilot Program Under Chapter V, Section
3(d)(iv)

February 20, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 19, 2015, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend the BX Options Rules to extend the
pilot program under Chapter V, Section 3(d)(iv), which provides for how
the Exchange treats obvious and catastrophic options errors in response
to the Plan to Address Extraordinary Market Volatility Pursuant to Rule
608 of Regulation NMS under the Act (the ``Limit Up-Limit Down Plan''
or the ``Plan'').\3\ The Exchange proposes to extend the pilot period
until October 23, 2015.
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    \3\ Securities Exchange Act Release Nos. 69140 (March 15, 2013),
78 FR 17255 (March 20, 2013); and 69343 (April 8, 2013), 78 FR 21982
(April 2, 2013) (SR-BX-2013-026).
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    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqomxbx.cchwallstreet.com/, at the principal
office of the Exchange, and at the Commission's Public Reference Room.]
[sic]

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

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

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

1. Purpose
    In April 2013,\4\ the Commission approved a proposal, on a one year
pilot basis, to adopt Chapter V, Section 3(d)(iv) to provide for how
the Exchange will treat obvious and catastrophic options errors in
response to the Plan, which is applicable to all NMS stocks, as defined
in Regulation NMS Rule 600(b)(47).\5\ The Plan is designed to prevent
trades in individual NMS stocks from occurring outside of specified
Price Bands.\6\ The requirements of the Plan are coupled with Trading
Pauses to accommodate more fundamental price moves (as opposed to
erroneous trades or momentary gaps in liquidity).
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    \4\ Securities Exchange Act Release No. 69343 (April 8, 2013),
78 FR 21982 (April 12, 2013) (SR-BX-2013-026).
    \5\ The Plan was extended until February 20, 2015. The Plan was
initially approved for a one-year pilot period, which began on April
8, 2013. Securities Exchange Act Release No. 71649 (March 5, 2014),
79 FR 13696 (March 11, 2014).
    \6\ Unless otherwise specified, capitalized terms used in this
rule filing are based on the defined terms of the Plan.
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    The Exchange extended the operation of Chapter V, Section 3(d)(iv),
which provides that trades are not subject to an obvious error or
catastrophic error review pursuant to Chapter V, Sections 6(b) or 6(f)
during a Limit State or Straddle State in 2014.\7\ The Exchange now
proposes to extend the pilot program for an additional pilot period
ending October 23, 2015. The Exchange believes conducting an obvious
error or catastrophic error review is impracticable given the lack of a
reliable National Best Bid/Offer (``NBBO'') in the

options market during Limit States and Straddle States, and that the
resulting actions (i.e., nullified trades or adjusted prices) may not
be appropriate given market conditions. Under the pilot, limit orders
that are filled during a Limit State or Straddle State have certainty
of execution in a manner that promotes just and equitable principles of
trade, and removes impediments to, and perfects the mechanism of a free
and open market and a national market system. Moreover, given that
options prices during brief Limit States or Straddle States may deviate
substantially from those available shortly following the Limit State or
Straddle State, the Exchange believes giving market participants time
to re-evaluate a transaction would create an unreasonable adverse
selection opportunity that would discourage participants from providing
liquidity during Limit States or Straddle States. On balance, the
Exchange believes that removing the potential inequity of nullifying or
adjusting executions occurring during Limit States or Straddle States
outweighs any potential benefits from applying those provisions during
such unusual market conditions.
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    \7\ Securities Exchange Act Release No. 71900 (April 8, 2014),
79 FR 20951 (April 14, 2014) (SR-BX-2014-017).
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    The Exchange believes the benefits to market participants from the
pilot program should continue on a pilot basis to coincide with the
operation of the Limit Up-Limit Down Plan. The Exchange believes that
continuing the pilot will protect against any unanticipated
consequences and permit the industry to gain further experience
operating the Plan.
    The Exchange will conduct an analysis concerning the elimination of
obvious and catastrophic error provisions during Limit States and
Straddle States and agrees to provide the Commission with relevant data
to assess the impact of this proposed rule change. As part of its
analysis, the Exchange will: (1) Evaluate the options market quality
during Limit States and Straddle States; (2) assess the character of
incoming order flow and transactions during Limit States and Straddle
States; and (3) review any complaints from members and their customers
concerning executions during Limit States and Straddle States.
Additionally, the Exchange agrees to provide to the Commission data
requested to evaluate the impact of the elimination of the obvious and
catastrophic error provisions, including data relevant to assessing the
various analyses noted above. By May 29, 2015, the Exchange shall
provide to the Commission and the public assessments relating to the
impact of the operation of the obvious error rules during Limit and
Straddle States as follows: \8\
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    \8\ The Exchange submitted a pilot report on September 30, 2014.
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    1. Evaluate the statistical and economic impact of Limit and
Straddle States on liquidity and market quality in the options markets.
    2. Assess whether the lack of obvious error rules in effect during
the Straddle and Limit States are problematic.
    Each month the Exchange shall provide to the Commission and the
public a dataset containing the data for each Straddle and Limit State
in optionable stocks that had at least one trade on the Exchange during
a Straddle or Limit State. For each of those options affected, each
data record should contain the following information:
     Stock symbol, option symbol, time at the start of the
Straddle or Limit State, an indicator for whether it is a Straddle or
Limit State,
     For activity on the Exchange:
     Executed volume, time-weighted quoted bid-ask spread,
time-weighted average quoted depth at the bid, time-weighted average
quoted depth at the offer,
     high execution price, low execution price,
     number of trades for which a request for review for error
was received during Straddle and Limit States,
     an indicator variable for whether those options outlined
above have a price change exceeding 30% during the underlying stock's
Limit or Straddle State compared to the last available option price as
reported by OPRA before the start of the Limit or Straddle State (1 if
observe 30% and 0 otherwise). Another indicator variable for whether
the option price within five minutes of the underlying stock leaving
the Limit or Straddle State (or halt if applicable) is 30% away from
the price before the start of the Limit or Straddle State.\9\
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    \9\ The Exchange agreed to provide similar data in the original
proposal. See Securities Exchange Act Release No. 69343 (April 8,
2013), 78 FR 21982 (April 12, 2013) (SR-BX-2013-026) at notes 4 and
11. However, that data included two additional filters pertaining to
the top 10 options and an in-the-money amount, which no longer
apply. The Exchange provided historical data in the new form
pursuant to this proposed rule change, going back to the beginning
of the original pilot period.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the provisions of Section 6 of the Act,\10\ in general, and with
Section 6(b)(5) of the Act,\11\ in particular, which requires that the
rules of an exchange be designed to promote just and equitable
principles of trade, remove impediments to and perfect the mechanism of
a free and open market and a national market system, and protect
investors and the public interest, because it should continue to
provide certainty about how errors involving options orders and trades
will be handled during periods of extraordinary volatility in the
underlying security. The Exchange believes that it continues to be
necessary and appropriate in the interest of promoting fair and orderly
markets to exclude transactions executed during a Limit State or
Straddle State from certain aspects of Chapter V, Section 6.
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    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(5).
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    Although the Limit Up-Limit Down Plan is operational, the Exchange
believes that maintaining the pilot will help the industry gain further
experience operating the Plan as well as the pilot provisions.
    Based on the foregoing, the Exchange believes the benefits to
market participants should continue on a pilot basis to coincide with
the operation of the Limit Up-Limit Down Plan.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Specifically, the proposal does not impose an intra-market burden on
competition, because it will apply to all members. Nor will the
proposal impose a burden on competition among the options exchanges,
because, in addition to the vigorous competition for order flow among
the options exchanges, the proposal addresses a regulatory situation
common to all options exchanges. To the extent that market participants
disagree with the particular approach taken by the Exchange herein,
market participants can easily and readily direct order flow to
competing venues. The Exchange believes this proposal will not impose a
burden on competition and will help provide certainty during periods of
extraordinary volatility in an NMS stock.

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

    No written comments were either solicited or received.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative 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, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6)(iii) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the 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 asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest,
as it will allow the obvious error pilot program to continue
uninterrupted while the industry gains further experience operating
under the Plan, and avoid any investor confusion that could result from
a temporary interruption in the pilot program. For this reason, the
Commission designates the proposed rule change to be operative upon
filing.\14\
---------------------------------------------------------------------------

    \14\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

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 email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2015-012 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-BX-2015-012. This file
number should be included on the subject line if email 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
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BX-2015-012, and should be
submitted on or before March 19, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-03957 Filed 2-25-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Notices]
[Pages 37719-37726]
[FR Doc No: 2015-16112]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0062]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

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

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

SUMMARY: FMCSA announces receipt of applications from 49 individuals
for exemption from the prohibition against persons with insulin-treated
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in
interstate commerce. If granted, the exemptions would enable these
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before July 31, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2015-0062 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://

www.regulations.gov at any time or Room W12-140 on the ground level of
the West Building, 1200 New Jersey Avenue SE., Washington, DC, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
Federal Docket Management System (FDMS) is available 24 hours each day,
365 days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Carrier, Driver and Vehicle Safety Standards,<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., Monday through Friday, except
Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' The statute also allows the Agency to renew
exemptions at the end of the 2-year period. The 49 individuals listed
in this notice have recently requested such an exemption from the
diabetes prohibition in 49 CFR 391.41(b) (3), which applies to drivers
of CMVs in interstate commerce. 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.

II. Qualifications of Applicants

Adele M. Aasen

    Ms. Aasen, 53, has had ITDM since 1971. Her endocrinologist
examined her in 2015 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
Her endocrinologist certifies that Ms. Aasen understands diabetes
management and monitoring has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Aasen meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2015 and certified that she does not have
diabetic retinopathy. She holds an operator's license from North
Dakota.

Kyle E. Beine

    Mr. Beine, 23, has had ITDM since 2004. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Beine understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Beine meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Wisconsin.

Dean B. Bibens, Jr.

    Mr. Bibens, 58, has had ITDM since 2002. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Bibens understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bibens meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Connecticut.

Joseph M. Blackwell

    Mr. Blackwell, 31, has had ITDM since 2010. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Blackwell understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Blackwell meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Georgia.

Joseph G. Blastick

    Mr. Blastick, 35, has had ITDM since 1987. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Blastick understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Blastick meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from South Dakota.

Gary W. Boninsegna

    Mr. Boninsegna, 58, has had ITDM since 1991. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Boninsegna understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Boninsegna meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class B CDL from
Ohio.

Brian K. Bouma

    Mr. Bouma, 47, has had ITDM since 2015. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Bouma understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bouma meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Michigan.

Billy J. Bronson

    Mr. Bronson, 60, has had ITDM since 2007. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Bronson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bronson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Oregon.

Michael L. Campbell

    Mr. Campbell, 57, has had ITDM since 2011. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Campbell understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Campbell meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from North Carolina.

Steven C. Cornell

    Mr. Cornell, 45, has had ITDM since 2013. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Cornell understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Cornell meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Josiah L. Crestik

    Mr. Crestik, 24, has had ITDM since 1997. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Crestik understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Crestik meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Minnesota.

Richard L. Cunningham

    Mr. Cunningham, 66, has had ITDM since 2010. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Cunningham understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Cunningham meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Nebraska.

Thomas M. Delasko

    Mr. Delasko, 41, has had ITDM since 2005. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Delasko understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Delasko meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Florida.

William T. Eason

    Mr. Eason, 54, has had ITDM since 2011. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Eason understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Eason meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from North Carolina.

Stefan D. Gall

    Mr. Gall, 60, has had ITDM since 2008. His endocrinologist examined
him in 2015 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Gall understands diabetes management
and monitoring,

has stable control of his diabetes using insulin, and is able to drive
a CMV safely. Mr. Gall meets the requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist examined him in 2015 and
certified that he does not have diabetic retinopathy. He holds a
chauffeur's license from Michigan.

Douglas J. Garrison

    Mr. Garrison, 55, has had ITDM since 1990. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Garrison understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Garrison meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Iowa.

Charles F. Gollahon

    Mr. Gollahon, 81, has had ITDM since 2011. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Gollahon understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gollahon meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2014 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Ohio.

Donald E. Gray

    Mr. Gray, 61, has had ITDM since 2014. His endocrinologist examined
him in 2015 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Gray understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Gray meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2015 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Florida.

Daniel W. Gregory

    Mr. Gregory, 57, has had ITDM since 2014. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Gregory understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gregory meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from North Carolina.

Barry L. Grimes, Sr.

    Mr. Grimes, 70, has had ITDM since 2013. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Grimes understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Grimes meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Maryland.

Dennis J. Grimm

    Mr. Grimm, 55, has had ITDM since 2014. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Grimm understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Grimm meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Delaware.

Stephen G. Helmer

    Mr. Helmer, 47, has had ITDM since 1996. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Helmer understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Helmer meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Nebraska.

Kenneth P. Henry

    Mr. Henry, 51, has had ITDM since 2008. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Henry understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Henry meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class B CDL from
Washington.

Marco K. Higgs

    Mr. Higgs, 41, has had ITDM since 1995. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function

that occurred without warning in the past 12 months and no recurrent (2
or more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Higgs understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Higgs meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from Oregon.

Jeffrey T. Hunley

    Mr. Hunley, 45, has had ITDM since 2010. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Hunley understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hunley meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
North Carolina.

Colin S. Jackson

    Mr. Jackson, 32, has had ITDM since 1995. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Jackson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Jackson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Washington.

Dennis J. Klawes

    Mr. Klawes, 69, has had ITDM since 2013. His endocrinologist
examined him in 2014 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Klawes understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Klawes meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2014 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Wisconsin.

John E. Marshall

    Mr. Marshall, 77, has had ITDM since 2006. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Marshall understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Marshall meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Andrew Milite

    Mr. Milite, 47, has had ITDM since 2011. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Milite understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Milite meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from New York.

Peter E. Mizialko

    Mr. Mizialko, 53, has had ITDM since 2012. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Mizialko understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Mizialko meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from New Jersey.

Matthew E. Modlin

    Mr. Modlin, 25, has had ITDM since 2006. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Modlin understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Modlin meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds an operator's license from North
Carolina.

Michael I. Moore

    Mr. Moore, 64, has had ITDM since 2003. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Moore understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Moore meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that

he does not have diabetic retinopathy. He holds a Class A CDL from
Indiana.

Clyde S. Morgan

    Mr. Morgan, 58, has had ITDM since 2015. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Morgan understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Morgan meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Minnesota.

Richard M. Ohland

    Mr. Ohland, 55, has had ITDM since 2014. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Ohland understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Ohland meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Minnesota.

James D. Parrish

    Mr. Parrish, 60, has had ITDM since 2014. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Parrish understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Parrish meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds an operator's license from North
Carolina.

Justin D. Redding

    Mr. Redding, 42, has had ITDM since 2014. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Redding understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Redding meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Montana.

Alex R. Rumph

    Mr. Rumph, 30, has had ITDM since 1990. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Rumph understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Rumph meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Montana.

Kenneth S. Schoenberger

    Mr. Schoenberger, 57, has had ITDM since 2012. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Schoenberger understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Schoenberger
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
His optometrist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Jarred E. Shawles

    Mr. Shawles, 29, has had ITDM since 1994. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Shawles understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Shawles meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from California.

Charles M. Smith

    Mr. Smith, 42, has had ITDM since 2004. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Smith understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Smith meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Howard L. Smith

    Mr. Smith, 71, has had ITDM since 2014. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist

certifies that Mr. Smith understands diabetes management and
monitoring, has stable control of his diabetes using insulin, and is
able to drive a CMV safely. Mr. Smith meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2015 and certified that he has stable nonproliferative diabetic
retinopathy. He holds a Class A CDL from Illinois.

Jeffrey S. Snyder

    Mr. Snyder, 51, has had ITDM since 2014. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Snyder understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Snyder meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from Pennsylvania.

Jerry L. Stevens

    Mr. Stevens, 55, has had ITDM since 1975. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Stevens understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Stevens meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Nebraska.

Todd A. Stover

    Mr. Stover, 45, has had ITDM since 1990. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Stover understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Stover meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2014 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Pennsylvania.

Kevin G. Sundquist

    Mr. Sundquist, 32, has had ITDM since 2009. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Sundquist understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Sundquist meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Minnesota.

David N. Tetlak

    Mr. Tetlak, 36, has had ITDM since 1998. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Tetlak understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Tetlak meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Pennsylvania.

Dennis P. Walker, Jr.

    Mr. Walker, 40, has had ITDM since 2010. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Walker understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Walker meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Ohio.

Horace V. Watson

    Mr. Watson, 34, has had ITDM since 2009. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Watson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Watson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class B CDL from
Georgia.

Jeremy W. Wolfe

    Mr. Wolfe, 34, has had ITDM since 1982. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Wolfe understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Wolfe meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Missouri.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, 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 in the date section
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441).\1\ The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------

    \1\ Section 4129(a) refers to the 2003 notice as a ``final
rule.'' However, the 2003 notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
---------------------------------------------------------------------------

    Section 4129 requires: (1) Elimination of the requirement for 3
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year driving experience and fulfilled
the requirements of section 4129 while continuing to ensure that
operation of CMVs by drivers with ITDM will achieve the requisite level
of safety required of all exemptions granted under 49 U.S.C. 31136 (e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary.
    The FMCSA concluded that all of the operating, monitoring and
medical requirements set out in the September 3, 2003 notice, except as
modified, were in compliance with section 4129(d). Therefore, all of
the requirements set out in the September 3, 2003 notice, except as
modified by the notice in the Federal Register on November 8, 2005 (70
FR 67777), remain in effect.

IV. Submitting Comments

    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 and
in the search box insert the docket number FMCSA-2015-0062 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. 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.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-2015-0062 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

    Issued on June 23, 2015.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2015-16112 Filed 6-30-15; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 119 (Thursday, June 20, 2019)]
[Notices]
[Pages 28884-28885]
[FR Doc No: 2019-13077]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2009-0078]

Petition for Waiver of Compliance

    Under part 211 of Title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on June 10, 2019, the American
Short Line and Regional Railroad Association (ASLRRA) petitioned the
Federal Railroad Administration (FRA) for an amended waiver of
compliance from certain provisions of the Federal hours of service laws
contained at 49 U.S.C. 21103(a)(4), which, in part, require a train
employee to receive 48 hours off duty after initiating an on-duty
period for 6 consecutive days. FRA assigned the petition Docket Number
FRA-2009-0078.
    Specifically, ASLRRA seeks to amend its existing waiver to add four
member railroads that did not participate in the original waiver, but
in the second quarter of 2019 determined that they now wish to
participate. ASLRRA states the following railroads expressed a desire
to participate in the waiver, and maintain at their headquarters
supporting documentation of employee support as required:

 Black River & Western
 Belvidere and Delaware River Railroad
 Dover and Delaware River Railroad
 Dover and Rockaway River Railroad

    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE, W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE, Room W12-140,

Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by August 5, 2019 will be considered by FRA
before final action is taken. Comments received after the comment
period ends will be considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacyNotice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Deputy Associate Administrator, Office of Railroad Safety.
[FR Doc. 2019-13077 Filed 6-19-19; 8:45 am]
 BILLING CODE 4910-06-P


[Federal Register: October 16, 2008 (Volume 73, Number 201)]
[Notices]
[Page 61413-61414]
[DOCID:fr16oc08-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10198-029]

Pelican Utility District; Notice of Application for Amendment of
License and Soliciting Comments, Motions To Intervene, and Protests

October 8, 2008.
    Take notice that the following application has been filed with the
Commission and is available for public inspection:
    a. Application Type: Non-Capacity Amendment of License.
    b. Project No.: 10198-029.
    c. Date Filed: July 14, 2008.
    d. Applicant: Pelican Utility District.
    e. Name of Project: Pelican Project.
    f. Location: The project is located on the Pelican Creek in the
Borough of Sitka, Alaska.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Paul Mclarnon, HDR Alaska, Inc., 2525 C
Street, Suite 300, Anchorage, AK 99503,<PHONE_NUMBER>.
    i. FERC Contact: Any questions on this notice should be addressed
to Mr. Steven Sachs at<PHONE_NUMBER>.
    j. Deadline for filing comments and or motions: November 10, 2008.
    Please include the project number (P-10198) on any comments or
motions filed. All documents (an original and eight copies) must be
filed with: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426.
    Motions to intervene, protests, comments and recommendations may be
filed electronically via the Internet in lieu of paper filings, see 18
CFR 385.2001 (a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-filing'' link. The Commission
strongly encourages electronic filings.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency. A copy
of any motion to intervene must also be served upon each representative
of the Applicant specified in the particular application.

    k. Description of Request: Pelican Utility District (PUD) proposes
to replace the dam's north wing wall, construct a new steel and
concrete intake, and install a new high density polyethylene upper and
lower penstock bedded, at-grade on land fill. Additionally PUD proposes
to install a new low level outlet pipe in the north wing wall and
upgrade equipment in the powerhouse.
    l. Location of the Application: A copy of the licensee's filing is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. You may also register
online at http://www.ferc.gov/docsfiling/esubscription.asp to be
notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, call toll-free at 1-866-208-
3372 or e-mail<EMAIL_ADDRESS>or for TTY, call (202) 502-
8659. A copy is also available for inspection and reproduction at the
address listed in item (h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions To Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, and 385.214. In determining the appropriate action to take,
the Commission will consider all protests or other comments filed, but
only those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application (see item (j)
above).
    o. Any filing must bear in all capital letters the title
``COMMENTS'', ``PROTEST'', ``MOTION TO INTERVENE'', or
``RECOMMENDATIONS'', as applicable, and the Project Number of the
particular application to which the filing refers.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-24494 Filed 10-15-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Notices]
[Pages 144-145]
[FR Doc No: 2021-28451]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Noise Compatibility Program for Fort Worth Alliance Airport,
Tarrant County, Texas

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of acceptance of a noise exposure map.

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SUMMARY: The Federal Aviation Administration (FAA) announces its
determination that the noise exposure map submitted by City of Fort
Worth for Fort Worth Alliance Airport is in compliance with applicable
statuary and regulatory requirements.

DATES: The effective date of the FAA's determination on the noise
exposure map is December 23, 2021.

FOR FURTHER INFORMATION CONTACT: Dean McMath, 10101 Hillwood Parkway,
Fort Worth, Texas 76177,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA determined the noise exposure map
submitted by City of Fort Worth for Fort Worth Alliance Airport, is in
compliance with applicable statutory and regulatory requirements,
effective December 23, 2021. Under Title 49 United States Code (U.S.C.)
section 47503 of the Aviation Safety and Noise Abatement Act
(hereinafter referred to as ``the Act''), an airport operator may
submit to the FAA, noise exposure maps depicting non-compatible uses as
of the date such map is submitted, a description of estimated aircraft
operations during a forecast period that is at least five years in the
future and how those operations will affect the map. A noise exposure
map must be prepared in accordance with Title 14 Code of Federal
Regulations (CFR) part 150, the regulations promulgated pursuant to
section 47502 of the Act, and developed in consultation with public
agencies and planning authorities in the area surrounding the airport,
state and Federal agencies, interested and affected parties in the
local community, and aeronautical users of the airport. In addition, an
airport operator that submitted a noise exposure map, which the FAA
determined is compliant with statutory and regulatory requirements, may
submit a noise compatibility program for FAA approval that sets forth
measures the operator has taken or proposes to take to reduce existing
non-compatible uses and prevent the introduction of additional non-
compatible uses.
    The FAA completed its review of the noise exposure map and
supporting documentation submitted by City of Fort Worth and determined
the noise exposure map and accompanying documentation are in compliance
with applicable requirements. The documentation that constitutes the
Noise Exposure Map includes: Table 3.4 Existing Aircraft Operations;
Table 3.8 Existing and Forecast Annual Operations; Table 4.5 Day/Night
Operations by Aircraft Category; Table 4.6 Runway Utilization by
Aircraft Category; Figure 3.2 Airport Layout Plan; Figure 4.1 North
Flow Flight Tracks; Figure 4.2 South Flow Flight Tracks. This
determination is effective on December 23, 2021. FAA's determination on
an airport's noise exposure map is limited to a finding that the noise
exposure map was developed in accordance with the Act and procedures
contained in 14 CFR part 150, Appendix A. FAA's acceptance of an NEM
does not does not constitute approval of the applicant's data,
information or plans, or a commitment to approve a noise compatibility
program or to fund the implementation of that program. If questions
arise concerning the precise relationship of specific properties within
noise exposure contours depicted on a noise exposure map, it should be
noted that the FAA is not involved in any way in determining the
relative locations of specific properties with regard to the depicted
noise contours or in interpreting the noise exposure maps to resolve
questions concerning, for example, which properties should be covered
by the provisions of section 47506 of the Act. These functions are
inseparable from the ultimate land use control and planning
responsibilities of local government. These local responsibilities are
not changed in any way under 14 CFR part 150 or through FAA review and
acceptance of a noise exposure map. Therefore, the responsibility for
the detailed overlaying of noise exposure contours onto the map
depicting properties on the surface rests exclusively with the airport
operator that submitted a noise exposure map or with those public and
planning agencies with which consultation is required under section
47503 of the Act. The FAA relied on the certification by the airport
operator, under of 14 CFR 150.21 that the required consultations and
opportunity for public review has been accomplished during the
development of the noise exposure maps. Copies of the noise exposure
map and supporting documentation and the FAA's evaluation of the noise
exposure maps

are available for examination at the following locations: Federal
Aviation Administration Federal Aviation Administration ASW-600, 10101
Hillwood Parkway, Fort Worth, Texas 76177 and City of Fort Worth
Aviation Department, 201 American Concourse #330, Fort Worth, Texas
76106. Questions may be directed to the individual listed in the For
Further Information Contact section of this notice.

    Issued in Fort Worth, Texas on December 23, 2021.
D. Cameron Bryan,
Deputy Director, Airports Division.
[FR Doc. 2021-28451 Filed 12-30-21; 8:45 am]
BILLING CODE 4910-13-P