[Federal Register: July 23, 2008 (Volume 73, Number 142)]
[Notices]
[Page 42848-42850]
[DOCID:fr23jy08-84]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58182; File No. SR-NASDAQ-2008-062]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change To Clarify the Application of
Nasdaq Rules When a Listed Company Combines With a non-Nasdaq Entity

July 17, 2008.
    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 July 10, 2008, The NASDAQ Stock Market LLC (``Nasdaq'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II, and III below, which Items
have been prepared by Nasdaq. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to clarify the application of Nasdaq rules when a
listed company combines with a non-Nasdaq entity. Nasdaq will implement
the proposed rule upon approval. The text of the proposed rule change
is below. Proposed new language is in italics; proposed deletions are
in brackets.\3\
---------------------------------------------------------------------------

    \3\ Changes are marked to the rule text that appears in the
electronic manual of Nasdaq found at http://www.complinet.com/
nasdaq.
---------------------------------------------------------------------------

* * * * *
4340. Application for Re-Listing by Listed Issuers
    (a) [Reverse Mergers] Business Combinations With non-Nasdaq
Entities Resulting in a Change of Control. An issuer must apply for
initial listing in connection with a transaction whereby the issuer
combines with a non-Nasdaq entity, resulting in a change of control of
the issuer and potentially allowing the non-Nasdaq entity to obtain a
Nasdaq Listing [(for purposes of this rule, such a transaction is
referred to as a ``Reverse Merger'')]. In determining whether a
[Reverse Merger] change of control has occurred, Nasdaq shall consider
all relevant factors including, but not limited to, changes in the
management, board of directors, voting power, ownership, and financial
structure of the issuer. Nasdaq shall also consider the nature of the
businesses

and the relative size of the Nasdaq issuer and non-Nasdaq entity. The
issuer must submit an application for the post-transaction entity with
sufficient time to allow Nasdaq to complete its review before the
transaction is completed. If the issuer's application for initial
listing has not been approved prior to consummation of the transaction,
Nasdaq will issue a Staff Determination Letter as set forth in Rule
4804 and begin delisting proceedings pursuant to the Rule 4800 Series.
    (b) Bankruptcy.
    No change.
* * * * *
IM-4350-1. Interpretive Material Regarding Future Priced Securities
Summary
    No change.
How the Rules Apply
Shareholder Approval
    No change.
Voting Rights
    No change.
The Bid Price Requirement
    No change.
Listing of Additional Shares
    No change.
Public Interest Concerns
    No change.
    [Reverse Merger] Business Combinations With non-Nasdaq Entities
Resulting in a Change of Control
    Rule 4340(a) provides:
    An issuer must apply for initial listing in connection with a
transaction whereby the issuer combines with a non-Nasdaq entity,
resulting in a change of control of the issuer and potentially allowing
the non-Nasdaq entity to obtain a Nasdaq Listing [(for purposes of this
rule, such a transaction is referred to as a ``Reverse Merger'')]. In
determining whether a [Reverse Merger] change of control has occurred,
Nasdaq shall consider all relevant factors including, but not limited
to, changes in the management, board of directors, voting power,
ownership, and financial structure of the issuer. Nasdaq shall also
consider the nature of the businesses and the relative size of the
Nasdaq issuer and non-Nasdaq entity. The issuer must submit an
application for the post-transaction entity with sufficient time to
allow Nasdaq to complete its review before the transaction is
completed. If the issuer's application for initial listing has not been
approved prior to consummation of the transaction, Nasdaq will issue a
Staff Determination Letter as set forth in Rule 4804 and begin
delisting proceedings pursuant to the Rule 4800 Series.
    This provision, which applies regardless of whether the issuer
obtains shareholder approval for the transaction, requires issuers to
qualify under the initial listing standards in connection with a
[Reverse Merger] combination that results in a change of
control.[4] It is important for issuers to realize that in
certain instances, the conversion of a Future Priced Security may
implicate this provision. For example, if there is no limit on the
number of common shares issuable upon conversion, or if the limit is
set high enough, the exercise of conversion rights under a Future
Priced Security could result in [a Reverse Merger with] the holders of
the Future Priced Securities obtaining control of the listed company.
In such event, an issuer may be required to re-apply for initial
listing and satisfy all initial listing requirements.
    Footnotes to IM-4350-1:
    1-3 No change.
    [\4\ This provision is designed to address situations where a
company attempts to obtain a ``backdoor listing'' on Nasdaq by merging
with a Nasdaq issuer with minimal assets and/or operations.]
* * * * *

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

    In its filing with the Commission, Nasdaq 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. Nasdaq 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
    Marketplace Rule 4340(a) requires that an issuer must apply for
initial listing following a transaction whereby the issuer combines
with a non-Nasdaq entity, resulting in a change of control of the
issuer and potentially allowing the non-Nasdaq entity to obtain a
Nasdaq listing. This rule was originally adopted in 1993 to address
concerns associated with non-Nasdaq entities seeking a ``backdoor
listing'' on Nasdaq through a business combination involving a Nasdaq
issuer.\4\ In these combinations, a non-Nasdaq entity purchased a
Nasdaq issuer in a transaction that resulted in the non-Nasdaq entity
obtaining a Nasdaq listing without qualifying for initial listing or
being subject to the background checks and scrutiny normally applied to
issuers seeking initial listing. The rule was amended in 2001 to define
``Reverse Merger'' and to provide clarification regarding the factors
used by Staff to determine if a transaction should be considered a
Reverse Merger.\5\ In 2006, Nasdaq amended the rule to clarify the
timing of the application of the rule.\6\
---------------------------------------------------------------------------

    \4\ Securities Exchange Act Release No. 32264 (May 4, 1993), 58
FR 27760 (May 11, 1993) (approving SR-NASD-93-07).
    \5\ Securities Exchange Act Release No. 44067 (March 13, 2001),
66 FR 15515 (March 19, 2001) (approving SR-NASD-01-01).
    \6\ Securities Exchange Act Release No. 55052 (January 5, 2007),
72 FR 1569 (January 12, 2007) (approving SR-NASDAQ-2006-047).
---------------------------------------------------------------------------

    While this Rule was originally focused on companies seeking a
``backdoor listing'' by acquiring a listed shell company, its language
is not limited in that regard, and Nasdaq has applied the rule to any
transaction where there is a change of control potentially allowing a
non-Nasdaq entity to obtain a Nasdaq listing. As such, Nasdaq has
applied the rule to mergers involving operating companies in
substantially similar businesses and, in appropriate cases, to mergers
of ``equals,'' where the companies are approximately the same size.\7\
This allows Nasdaq staff to review the post-transaction entity,
including any new officers, directors and control persons, before the
transaction is consummated, thereby allowing staff to confirm that the
post-transaction entity will meet all initial listing criteria and that
there are no public interest concerns. Nonetheless, given the use of
the term ``Reverse Merger'' within Rule 4340(a), and the existence of a
footnote in IM-4350-1 speaking of ``backdoor listings,'' companies have
expressed confusion as to the scope of the rule. As such, Nasdaq
proposes to remove these references from Rule 4340(a) and IM-4350-1.\8\
As

revised, Nasdaq believes the rule will more clearly reflect that a
company must satisfy the initial listing requirements whenever it
enters into a transaction with a non-Nasdaq entity, resulting in a
change of control of the listed company and potentially allowing the
non-Nasdaq entity to obtain a Nasdaq listing.
---------------------------------------------------------------------------

    \7\ See, e.g., Decision 2002/2003-9 of the Nasdaq Listing and
Hearing Review Council (December 2002), available at: http://
www.nasdaq.com/about/NLHRCDecisions20022003.pdf.
    \8\ Nasdaq has confirmed that the rule would still, of course,
apply to ``backdoor listings'' or ``reverse mergers,'' and that this
proposed change is intended to clarify that the rule also applies to
a broader category of business combinations that result in a change
of control of the issuer. See Telephone conversation between Arnold
Golub, Associate General Counsel, Nasdaq, and Sara Gillis, Special
Counsel, Division of Trading and Markets, Commission, on July 15,
2008.
---------------------------------------------------------------------------

2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of section 6 of the Act,\9\ in general and with sections
6(b)(5) of the Act,\10\ in particular in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The proposed rule change
would clarify Nasdaq's listing requirements related to change of
control transactions, and thereby provide additional transparency to
the rules. This proposed clarification is designed to protect investors
and the public interest by allowing Nasdaq to confirm that the post-
transaction entity will meet all initial listing criteria and that
there are no public interest concerns associated with individuals or
entities newly joining the company.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    Nasdaq 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.

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

    Written comments were neither solicited nor received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2008-062 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2008-062. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of Nasdaq. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NASDAQ-2008-062 and should be submitted on or before
August 13, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-16827 Filed 7-22-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 89012-89014]
[FR Doc No: 2023-28400]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0039]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

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

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

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

SUMMARY: FMCSA announces receipt of applications from 12 individuals
for an exemption from the prohibition in the

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

DATES: Comments must be received on or before January 25, 2024.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System Docket No. FMCSA-2023-0039 using any of the following
methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/,
insert the docket number (FMCSA-2023-0039) in the keyword box and click
``Search.'' Next, choose the only notice listed, and click on the
``Comment'' button. Follow the online instructions for submitting
comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, 1200 New Jersey
Avenue SE, Washington, DC, 20590-0001 between 9 a.m. and 5 p.m. ET
Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2023-0039), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2023-0039. Next, choose the only notice listed, click the
``Comment'' button, and type your comment into the text box on the
following screen. Choose whether you are submitting your comment as an
individual or on behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. FMCSA will consider all comments and
material received during the comment period.

B. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number (FMCSA-2023-0039) in the keyword box and click ``Search.'' Next,
choose the only notice listed, and click ``Browse Comments.'' If you do
not have access to the internet, you may view the docket online by
visiting Dockets Operations on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m. ET Monday through Friday, except Federal holidays. To
be sure someone is there to help you, please call<PHONE_NUMBER> or
(202) 366-9826 before visiting Dockets Operations.

C. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption request. 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 (Federal Docket Management System), which can be
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of
the submitter.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statutes also allow the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The 13 individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications
of each applicant to determine whether granting the exemption will
achieve the required level of safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
---------------------------------------------------------------------------

    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
---------------------------------------------------------------------------

    The criteria states that if an individual has had a sudden episode
of a non-epileptic seizure or loss of consciousness of unknown cause
that did not require anti-seizure medication, the decision whether that
person's condition is likely to cause the loss of consciousness or loss
of ability to control a CMV should be made on an individual basis by
the ME in consultation with the treating physician. Before
certification is considered, it is suggested that a 6-month waiting
period elapse from the time of the episode. Following the waiting
period, it is suggested that the individual have a complete
neurological examination. If the results of the examination are
negative and anti-seizure medication is not required, then the driver
may be qualified.
    In those individual cases where a driver has had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has

recovered fully from that condition, has no existing residual
complications, and is not taking anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure
medication, and seizure-free for 10 years, may be qualified to operate
a CMV in interstate commerce. Interstate drivers with a history of a
single unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for a 5-year
period or more.
    As a result of MEs misinterpreting advisory criteria as regulation,
numerous drivers have been prohibited from operating a CMV in
interstate commerce based on the fact that they have had one or more
seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified ME based on
the physical qualification standards and medical best practices.
    On January 15, 2013, FMCSA announced in a notice of final
disposition titled, ``Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders,'' (78 FR 3069), its decision to grant
requests from 22 individuals for exemptions from the regulatory
requirement that interstate CMV drivers have ``no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause loss of consciousness or any loss of ability to
control a CMV.'' Since that time, the Agency has published additional
notices granting requests from individuals for exemptions from the
regulatory requirement regarding epilepsy found in Sec.  391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure
disorders prohibition in Sec.  391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (78 FR 3069).

III. Qualifications of Applicants

Lennie Beaudoin

    Lennie Beaudoin is a 48-year-old class D license holder in New
Hampshire. They have a history of epilepsy and have been seizure free
since 2019. They take anti-seizure medication with the dosage and
frequency remaining the same since 2019. Their physician states that
they are supportive of Lennie Beaudoin receiving an exemption.

Joshua Braxton

    Joshua Braxton is a 45-year-old class C license holder in
Pennsylvania. They have a history of seizure disorder and have been
seizure free since 2006. They take anti-seizure medication with the
dosage and frequency remaining the same since September 2021. Their
physician states that they are supportive of Joshua Braxton receiving
an exemption.

Robert A. Clark

    Robert A. Clark is a 43-year-old class A commercial driver's
license (CDL) holder in Indiana. They have a history of seizures and
have been seizure free since January 2012. They take anti-seizure
medication with the dosage and frequency remaining the same since 2012.
Their physician states that they are supportive of Robert A. Clark
receiving an exemption.

Chad Clement

    Chad Clement is a 58-year-old class D license holder in Wisconsin.
They have a history of seizure disorder and have been seizure free
since 2007. They take anti-seizure medication with the dosage and
frequency remaining the same since March 2007. Their physician states
that they are supportive of Chad Clement receiving an exemption.

Michael Drent

    Michael Drent is a 31-year-old class O license holder in Michigan.
They have a history of seizure disorder and have been seizure free
since 2015. They take anti-seizure medication with the dosage and
frequency remaining the same since 2014. Their physician states that
they are supportive of Michael Drent receiving an exemption.

Curtis Alan Hartman

    Curtis Alan Hartman is a 58-year-old class BM CDL holder in
Maryland. They have a history of seizure disorder and have been seizure
free since April 1997. They take anti-seizure medication with the
dosage and frequency remaining the same since April 1997. Their
physician states that they are supportive of Curtis Alan Hartman
receiving an exemption.

Ramon Hingosa

    Ramon Hingosa is a 55-year-old class D license holder in Arizona.
They have a history of generalized epilepsy and have been seizure free
for over 10 years. They take anti-seizure medication with the dosage
and frequency remaining the same since April 2016. Their physician
states that they are supportive of Ramon Hingosa receiving an
exemption.

Thomas Johnston

    Thomas Johnston is a 68-year-old class DM license holder in
Wisconsin. They have a history of epilepsy and have been seizure free
since September 2017. They take anti-seizure medication with the dosage
and frequency remaining the same since January 2014. Their physician
states that they are supportive of Thomas Johnston receiving an
exemption.

Douglas Kelbley

    Douglas Kelbley is a 37-year-old class A CDL holder in Ohio. They
have a history of complex partial seizures and have been seizure free
since September 2015. They take anti-seizure medication with the dosage
and frequency remaining the same since 2015. Their physician states
that they are supportive of Douglas Kelbley receiving an exemption.

Darren King

    Darren King is a 57-year-old class C license holder in
Pennsylvania. They have a history of seizure disorder and have been
seizure free since 2001. They take anti-seizure medication with the
dosage and frequency remaining the same since 2009. Their physician
states that they are supportive of Darren King receiving an exemption.

Eric Langford

    Eric Langford is a 51-year-old class D license holder in Kentucky.
They have a history of seizure disorder and have been seizure free
since 2010. They take anti-seizure medication with the dosage and
frequency remaining the same for over 10 years. Their physician states
that they are supportive of Eric Langford receiving an exemption.

Ronald Minor

    Ronald Minor is a 56-year-old class A CDL holder in Illinois. They
have a history of seizure disorder and have been seizure free since
July 2000. They take anti-seizure medication with the dosage and
frequency remaining the same since July 2018. Their physician states
that they are supportive of Ronald Minor receiving an exemption.

IV. Request for Comments

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

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-28400 Filed 12-22-23; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Notices]
[Pages 7153-7154]
[FR Doc No: 2019-03584]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85189; File No. 4-678]

Program for Allocation of Regulatory Responsibilities Pursuant to
Rule 17d-2; Order Approving Proposed Amended Plan for the Allocation of
Regulatory Responsibilities Among the Financial Industry Regulatory
Authority, Inc., Miami International Securities Exchange, LLC, MIAX
PEARL, LLC, and MIAX Emerald, LLC

February 25, 2019.
    On December 20, 2018, Miami International Securities Exchange, LLC
(``MIAX''), MIAX PEARL, LLC (``MIAX PEARL''), MIAX Emerald, LLC (``MIAX
Emerald'') and the Financial Industry Regulatory Authority, Inc.
(``FINRA'') (together, the ``Parties'') filed with the Securities and
Exchange Commission (``Commission'') a plan for the allocation of
regulatory responsibilities, dated December 19, 2018 (``Amended 17d-2
Plan'' or the ``Amended Plan''). The Amended Plan was published for
comment on February 1, 2019.\1\ The Commission received no comments on
the Amended Plan. This order approves and declares effective the
Amended Plan.
---------------------------------------------------------------------------

    \1\ See Securities Exchange Act Release No. 84997 (January 29,
2019), 84 FR 1252.
---------------------------------------------------------------------------

I. Introduction

    Section 19(g)(1) of the Act,\2\ among other things, requires every
self-regulatory organization (``SRO'') registered as either a national
securities exchange or national securities association to examine for,
and enforce compliance by, its members and persons associated with its
members with the Act, the rules and regulations thereunder, and the
SRO's own rules, unless the SRO is relieved of this responsibility
pursuant to Section 17(d) or Section 19(g)(2) of the Act.\3\ Without
this relief, the statutory obligation of each individual SRO could
result in a pattern of multiple examinations of broker-dealers that
maintain memberships in more than one SRO (``common members''). Such
regulatory duplication would add unnecessary expenses for common
members and their SROs.
---------------------------------------------------------------------------

    \2\ 15 U.S.C. 78s(g)(1).
    \3\ 15 U.S.C. 78q(d) and 15 U.S.C. 78s(g)(2), respectively.
---------------------------------------------------------------------------

    Section 17(d)(1) of the Act \4\ was intended, in part, to eliminate
unnecessary multiple examinations and regulatory duplication.\5\ With
respect to a common member, Section 17(d)(1) authorizes the Commission,
by rule or order, to relieve an SRO of the responsibility to receive
regulatory reports, to examine for and enforce compliance with
applicable statutes, rules, and regulations, or to perform other
specified regulatory functions.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78q(d)(1).
    \5\ See Securities Act Amendments of 1975, Report of the Senate
Committee on Banking, Housing, and Urban Affairs to Accompany S.
249, S. Rep. No. 94-75, 94th Cong., 1st Session 32 (1975).
---------------------------------------------------------------------------

    To implement Section 17(d)(1), the Commission adopted two rules:
Rule 17d-1 and Rule 17d-2 under the Act.\6\ Rule 17d-1 authorizes the
Commission to name a single SRO as the designated examining authority
(``DEA'') to examine common members for compliance with the financial
responsibility requirements imposed by the Act, or by Commission or SRO
rules.\7\ When an SRO has been named as a common member's DEA, all
other SROs to which the common member belongs are relieved of the
responsibility to examine the firm for compliance with the applicable
financial responsibility rules. On its face, Rule 17d-1 deals only with
an SRO's obligations to enforce member compliance with financial
responsibility requirements. Rule 17d-1 does not relieve an SRO from
its obligation to examine a common member for compliance with its own
rules and provisions of the federal securities laws governing matters
other than financial responsibility, including sales practices and
trading activities and practices.
---------------------------------------------------------------------------

    \6\ 17 CFR 240.17d-1 and 17 CFR 240.17d-2, respectively.
    \7\ See Securities Exchange Act Release No. 12352 (April 20,
1976), 41 FR 18808 (May 7, 1976).
---------------------------------------------------------------------------

    To address regulatory duplication in these and other areas, the
Commission adopted Rule 17d-2 under the Act.\8\ Rule 17d-2 permits SROs
to propose joint plans for the allocation of regulatory
responsibilities with respect to their common members. Under paragraph
(c) of Rule 17d-2, the Commission may declare such a plan effective if,
after providing for appropriate notice and comment, it determines that
the plan is necessary or appropriate in the public interest and for the
protection of investors; to foster cooperation and coordination among
the SROs; to remove impediments to, and foster the development of, a
national market system and a national clearance and settlement system;
and is in conformity with the factors set forth in Section 17(d) of the
Act. Commission approval of a plan filed pursuant to Rule 17d-2
relieves an SRO of those regulatory responsibilities allocated by the
plan to another SRO.
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 12935 (October 28,
1976), 41 FR 49091 (November 8, 1976).
---------------------------------------------------------------------------

II. Proposed Amended Plan

    On November 19, 2014, the Commission declared effective the Plan
entered into between FINRA and MIAX for allocating regulatory
responsibility pursuant to Rule 17d-2.\9\ The Plan is intended to
reduce regulatory duplication for firms that are common members of both
MIAX and FINRA. The plan reduces regulatory duplication for firms that
are members of MIAX and FINRA by allocating regulatory responsibility
with respect to certain applicable laws, rules, and regulations.
Included in the Amended Plan is an exhibit that lists every MIAX rule
for which FINRA bears responsibility under the Plan for overseeing and
enforcing with respect to MIAX members that are also members of FINRA
and the associated persons therewith (``Certification''). On February
6, 2017, the Commission approved a proposed amendment to the Plan to
add MIAX PEARL as a Participant to the Plan.\10\ On July 24, 2018, the
Commission approved a proposed amendment to the Plan to allocate
surveillance, investigation, and enforcement responsibilities for Rule
14e-4 under the Act, as well as certain provisions of Regulation
SHO.\11\ On December 20, 2018, the parties submitted a proposed
amendment to the Plan. The primary purpose of the amendment is to add
MIAX Emerald as a Participant to the Plan.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 73641 (November 19,
2014), 79 FR 70230 (November 25, 2014).
    \10\ See Securities Exchange Act Release No. 79974 (February 6,
2017), 82 FR 10417 (February 10, 2017).
    \11\ See Securities Exchange Act Release No. 83696 (July 24,
2018), 83 FR 35682 (July 27, 2018).
---------------------------------------------------------------------------

III. Discussion

    The Commission finds that the proposed Amended Plan is consistent
with the factors set forth in Section 17(d) of the Act \12\ and Rule
17d-2(c) thereunder \13\ in that the proposed Amended Plan is necessary
or appropriate in the public interest and for the protection of
investors, fosters cooperation and coordination among SROs, and removes
impediments to and

fosters the development of the national market system. In particular,
the Commission believes that the proposed Amended Plan should reduce
unnecessary regulatory duplication by allocating to FINRA certain
examination and enforcement responsibilities for common members that
would otherwise be performed by FINRA and at least one of MIAX, MIAX
PEARL, or MIAX Emerald. Accordingly, the proposed Amended Plan promotes
efficiency by reducing costs to common members. Furthermore, because
MIAX, MIAX PEARL, MIAX Emerald and FINRA will coordinate their
regulatory functions in accordance with the Amended Plan, the Amended
Plan should promote investor protection.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78q(d).
    \13\ 17 CFR 240.17d-2(c).
---------------------------------------------------------------------------

    The Commission notes that, under the Amended Plan, MIAX, MIAX
PEARL, MIAX Emerald, and FINRA have allocated regulatory responsibility
for those MIAX, MIAX PEARL, and MIAX Emerald rules, set forth in the
Certification, that are substantially similar to the applicable FINRA
rules in that examination for compliance with such provisions and rules
would not require FINRA to develop one or more new examination
standards, modules, procedures, or criteria in order to analyze the
application of the rule, or a common member's activity, conduct, or
output in relation to such rule. In addition, under the Amended Plan,
FINRA would assume regulatory responsibility for certain provisions of
the federal securities laws and the rules and regulations thereunder
that are set forth in the Certification. The common rules covered by
the Amended Plan are specifically listed in the Certification, as may
be amended by the parties from time to time.
    According to the Amended Plan, MIAX, MIAX PEARL, and MIAX Emerald
will review the Certification at least annually, or more frequently if
required by changes in either the rules of MIAX, MIAX PEARL, MIAX
Emerald, or FINRA, and, if necessary, submit to FINRA an updated list
of common rules to add MIAX, MIAX PEARL, or MIAX Emerald rules not
included on the then-current list of common rules that are
substantially similar to FINRA rules; delete MIAX, MIAX PEARL, or MIAX
Emerald rules included in the then-current list of common rules that no
longer qualify as common rules; and confirm that the remaining rules on
the list of common rules continue to be MIAX, MIAX PEARL, or MIAX
Emerald rules that qualify as common rules.\14\ FINRA will then confirm
in writing whether the rules listed in any updated list are common
rules as defined in the Amended Plan. Under the Amended Plan, MIAX,
MIAX PEARL, and MIAX Emerald also will provide FINRA with a current
list of common members and shall update the list no less frequently
than once each quarter.\15\ The Commission believes that these
provisions are designed to provide for continuing communication between
the parties to ensure the continued accuracy of the scope of the
proposed allocation of regulatory responsibility.
---------------------------------------------------------------------------

    \14\ See paragraph 2 of the Amended Plan.
    \15\ See paragraph 3 of the Amended Plan.
---------------------------------------------------------------------------

    The Commission is hereby declaring effective an Amended Plan that,
among other things, allocates regulatory responsibility to FINRA for
the oversight and enforcement of all MIAX, MIAX PEARL, and MIAX Emerald
rules that are substantially similar to the rules of FINRA for common
members of FINRA and MIAX, FINRA and MIAX PEARL, and FINRA and MIAX
Emerald. Therefore, modifications to the Certification need not be
filed with the Commission as an amendment to the Amended Plan, provided
that the parties are only adding to, deleting from, or confirming
changes to MIAX, MIAX PEARL, or MIAX Emerald rules in the Certification
in conformance with the definition of common rules provided in the
Amended Plan. However, should the parties decide to add a MIAX, MIAX
PEARL, or MIAX Emerald rule to the Certification that is not
substantially similar to a FINRA rule; delete a MIAX, MIAX PEARL, or
MIAX Emerald rule from the Certification that is substantially similar
to a FINRA rule; or leave on the Certification a MIAX, MIAX PEARL, or
MIAX Emerald rule that is no longer substantially similar to a FINRA
rule, then such a change would constitute an amendment to the Amended
Plan, which must be filed with the Commission pursuant to Rule 17d-2
under the Act.\16\
---------------------------------------------------------------------------

    \16\ The addition to or deletion from the Certification of any
federal securities laws, rules, and regulations for which FINRA
would bear responsibility under the Amended Plan for examining, and
enforcing compliance by, common members, also would constitute an
amendment to the Amended Plan.
---------------------------------------------------------------------------

IV. Conclusion

    This order gives effect to the Amended Plan filed with the
Commission in File No. 4-678. The parties shall notify all members
affected by the Amended Plan of their rights and obligations under the
Amended Plan.
    It is therefore ordered, pursuant to Section 17(d) of the Act, that
the Amended Plan in File No. 4-678, between the FINRA, MIAX, MIAX
PEARL, and MIAX Emerald, filed pursuant to Rule 17d-2 under the Act,
hereby is approved and declared effective.
    It is further ordered that MIAX, MIAX PEARL, and MIAX Emerald are
each relieved of those responsibilities allocated to FINRA under the
Amended Plan in File No. 4-678.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

    \17\ 17 CFR 200.30-3(a)(34).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-03584 Filed 2-28-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)]
[Notices]
[Pages 797-798]
[FR Doc No: 2018-00098]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP18-295-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Compliance filing Compliance Tariff Filing re CP15-
517-000 (Coastal Bend) to be effective 2/1/2018.
    Filed Date: 12/29/17.
    Accession Number: 20171229-5021.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: RP18-296-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Compliance filing Compliance Negotiated Rate Agmt
Tariff Filing re CP15-517-000 (Coastal Bend) to be effective 2/1/2018.
    Filed Date: 12/29/17.
    Accession Number: 20171229-5025.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: RP18-297-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 122917 154.204 Tariff Filing
to be effective 3/1/2018.
    Filed Date: 12/29/17.
    Accession Number: 20171229-5039.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: RP18-298-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: CCRM 2018 to be effective 2/1/
2018.
    Filed Date: 12/29/17.
    Accession Number: 20171229-5143.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: RP18-298-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: CCRM 2018 to be effective 2/1/
2018.
    Filed Date: 12/29/17.

    Accession Number: 20171229-5144.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: RP18-299-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Neg Rate 2017-12-29 Encana to
be effective 12/29/2017.
    Filed Date: 12/29/17.
    Accession Number: 20171229-5151.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: RP18-300-000.
    Applicants: Viking Gas Transmission Company.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate PAL
Agreement--EDF Trading North America, LLC to be effective 12/29/2017.
    Filed Date: 12/29/17.
    Accession Number: 20171229-5153.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: RP18-301-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 122917 Negotiated Rates--
Mercuria Energy America, Inc. H-7540-89 to be effective 12/29/2017.
    Filed Date: 12/29/17.
    Accession Number: 20171229-5157.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: RP18-302-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 122917 Negotiated Rates--
Consolidated Edison Energy, Inc. H-2275-89 to be effective 12/29/2017.
    Filed Date: 12/29/17.
    Accession Number: 20171229-5160.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: RP18-303-000.
    Applicants: Northern Natural Gas Company.
    Description: Sec.  4(d) Rate Filing: 20171229 Negotiated Rate to be
effective 1/1/2018.
    Filed Date: 12/29/17.
    Accession Number: 20171229-5203.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: RP18-304-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Agreement
Update (Conoco Jan 2018) to be effective 1/1/2018.
    Filed Date: 12/29/17.
    Accession Number: 20171229-5211.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: RP18-275-000.
    Applicants: El Paso Natural Gas Company, L.L.C.
    Description: Sec.  4(d) Rate Filing: 122617 Tariff Filing (Conoco
Dec 23, 2017) to be effective 12/23/2017.
    Filed Date: 12/26/17.
    Accession Number: 20171226-5211.
    Comments Due: 5 p.m. ET 1/10/18.

    Docket Numbers: PR18-15-000.
    Applicants: SCOOP Express.
    Description: Sec.  4(d) Rate Filing: Tariff Filing (SCOOP Express
Dec, 2017), to be effective 12/22/2017.
    Filed Date: 12/22/17.
    Accession Number: 2017122-5211.
    Comments Due: 5 p.m. ET 1/10/18.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 2, 2018.
Nathaniel J. Davis Sr.,
Deputy Secretary.
[FR Doc. 2018-00098 Filed 1-5-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: May 5, 2010 (Volume 75, Number 86)]
[Proposed Rules]
[Page 24504-24505]
[DOCID:fr05my10-27]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0241; Airspace Docket No. 10-AGL-4]
RIN 2120-AA66

Proposed Modification of VOR Federal Airways V-82, V-175, V-191,
and V-430 in the Vicinity of Bemidji, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to modify the legal description of VHF
Omnidirectional Range (VOR) Federal Airways V-82, V-175, V-191, and V-
430 in the vicinity of Bemidji, MN. The Bemidji (BJI) VOR, navigation
aid that forms a segment of these airways has been out of service for
over two years due to terrain and new construction signal interference
problems and is planned for decommissioning. An airway intersection
reporting point is being established in the same location as the BJI
VOR to restore a navigable route structure to the area similar to what
existed prior to the loss of service from the navigation aid.

DATES: Comments must be received on or before June 21, 2010.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone:<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2010-
0241 and Airspace Docket No. 10-AGL-4 at the beginning of your
comments. You may also submit comments through the Internet at http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace and Rules
Group, Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2010-0241 and Airspace Docket No. 10-AGL-4) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2010-0241 and Airspace Docket No. 10-AGL-4.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Central Service Center, Operations Support Group,
Federal Aviation Administration, 2601 Meacham Blvd., Fort Worth, TX
76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) part 71 to modify V-82, V-175, V-191, and V-430 in
the vicinity of Bemidji, MN. The BJI VOR navigation aid, used in each
of these airways, has been out of service for over two years due to
excessive bends, roughness, and scalloping on all radials below 5,000
feet Mean Sea Level (MSL), and was removed from service in April 2007.
The FAA had trees removed within 1,000 feet of the navigation aid, but
no improvement was noted. As a result, the BJI VOR, MN, is scheduled
for decommissioning on July 29, 2010.
    Since V-82, V-175, V-191, and V-430 are currently not useable in
the vicinity of the BJI VOR, air traffic control must vector aircraft
in this area until the aircraft reaches a useable segment of the
airways. To restore the navigable airway structure in the vicinity of
Bemidji, MN, the FAA is proposing to establish the BLUOX fix in the
same location currently depicting the BJI VOR navigation aid.
Specifically, the proposed modification to V-82 and V-175 replaces the
BJI VOR with an intersection point defining the BLUOX fix. The proposed
modification to V-191 terminates the airway at the Grand Rapids VOR
(GPZ), MN, since the modified V-430, as proposed below, would provide
service to the same segments of V-191 being eliminated. Lastly, the
proposed modification to V-430 reroutes the airway between BLUOX fix
and Grand Forks VOR (GFK), ND, over the Thief River Falls VOR (TVF),
MN. The reroute is necessary due to the GFK VOR signal not being strong
enough to establish the intersection point defining the BLUOX fix
between the GFK VOR and the GPZ VOR.
    VOR Federal airways are published in paragraph 6010(a) of FAA Order
7400.9T signed August 27, 2009 and effective September 15, 2009, which
is incorporated by reference in 14 CFR 71.1. The VOR Federal Airways
listed in this document would be subsequently published in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation: (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under Department of Transportation (DOT)
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3)

does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it modifies VOR Federal Airways in the vicinity of Bemidji, MN.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the FAA Order
7400.9T, Airspace Designations and Reporting Points, signed August 27,
2009, and effective September 15, 2009, is amended as follows:

Paragraph 6010(a)--Domestic VOR Federal Airways

* * * * *

V-82 [Modified]

    From Baudette, MN; INT Baudette 194[deg]T (190[deg]M) and
Brainerd, MN, 331[deg]T (328[deg]M) radials; Brainerd; Gopher, MN;
Farmington, MN; Rochester, MN; Nodine, MN; to Dells, WI.
* * * * *

V-175 [Modified]

    From Malden, MO; Vichy, MO; Hallsville, MO; Macon, MO;
Kirksville, MO; Des Moines, IA; Sioux City, IA; Worthington, MN;
Redwood Falls, MN; Alexandria, MN; Park Rapids, MN; INT Park Rapids
003[deg]T (359[deg]M) and Roseau, MN, 160[deg]T (155[deg]M) radials;
Roseau; to Winnipeg, MB, Canada. The airspace within Canada is
excluded.
* * * * *

V-191 [Modified]

    From Troy, IL; Decatur, IL; Roberts, IL; INT Roberts 008[deg]T
(006[deg]M) and Joliet, IL, 067[deg]T (065[deg]M) radials;
Northbrook, IL; Badger, WI; Oshkosh, WI; Rhinelander, WI; Ironwood,
MI; Duluth, MN; Hibbing, MN; to Grand Rapids, MN.
* * * * *

V-430 [Modified]

    From Cut Bank, MT, 10 miles, 74 miles 55 MSL; Harve, MT, 14
miles, 100 miles 50 MSL; Glasgow, MT; INT Glasgow 100[deg]T
(086[deg]M) and Williston, ND, 263[deg]T (251[deg]M) radials, 22
miles, 33 miles 55 MSL, Williston; Minot, ND; Devils Lake, ND; Grand
Forks, ND; Thief River Falls, MN; INT Thief River Falls 122[deg]T
(114[deg]M) and Grand Rapids, MN, 292[deg]T (286[deg]M) radials;
Grand Rapids; Duluth, MN; Ironwood, MI; Iron Mountain, MN; to
Escanaba, MI.

    Issued in Washington, DC, on April 29, 2010.
Paul Gallant,
Acting Manager, Airspace and Rules Group.
[FR Doc. 2010-10468 Filed 5-4-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 11, 2008 (Volume 73, Number 28)]
[Notices]
[Page 7742-7743]
[DOCID:fr11fe08-61]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OA-2007-0933; FRL-8527-3]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Confidential Financial Disclosure
Form for Special Government Employees Serving on Federal Advisory
Committees at the U.S. Environmental Protection Agency (Renewal); EPA
ICR No. 2260.02, OMB Control No. 2090-0029

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501, et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of information collection and its estimated burden
and cost.

DATES: Additional comments must be submitted on or before March 12,
2008.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OA-
2007-0933, to (1) EPA online using http://www.regulations.gov (our preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to: EPA Docket

Center, Environmental Protection Agency, Office of Environmental
Information Docket (Mail Code 2822T), 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, and (2) OMB by mail to: Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Attention:
Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Vicki Ellis, Office of Cooperative
Environmental Management, Mail Code 1601M, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On November 27, 2007 (72 FR 66165), EPA sought comments on
this ICR pursuant to CFR 1320.8(d). EPA received one comment during the
comment period, which is addressed in the ICR. Any additional comments
on this ICR should be submitted to EPA and OMB within 30 days of this
notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OA-2007-0933, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Office of

Environmental Information Docket in the EPA Docket Center (EPA/DC), EPA
West Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. The
EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Reading Room is<PHONE_NUMBER>, and the telephone number for the
Environmental Information Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at
http://www.regulations.gov, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA receives

them and without change, unless the comment contains copyrighted
material, Confidential Business Information (CBI), or other information
whose public disclosure is restricted by statute. For further
information about the electronic docket, go to http://www.regulations.gov.

    Title: Confidential Financial Disclosure Form for Special
Government Employees Serving on Federal Advisory Committees at the U.S.
Environmental Protection Agency (Renewal).
    ICR numbers: EPA ICR No. 2260.02, OMB Control No. 2090-0029.
    ICR status: This ICR is currently scheduled to expire on 02/29/
2008. Under OMB regulations, the Agency may continue to conduct or
sponsor the collection of information while this submission is pending
at OMB. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or

form, if applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: The purpose of this information collection request is to
assist the United States Environmental Protection Agency (EPA or the
Agency) in selecting Federal advisory committee members who will be
appointed as Special Government Employees (SGEs), mostly to EPA's
scientific and technical committees. To select SGE members as
efficiently and cost effectively as possible, the Agency needs to
evaluate potential conflicts of interest before a candidate is hired as
an SGE and appointed as a member to a committee by EPA's Administrator
or Deputy Administrator. Agency officials developed the ``Confidential
Financial Disclosure Form for Special Government Employees Serving on
Federal Advisory Committees at the U.S. Environmental Protection
Agency,'' also referred to as Form 3110-48, for a greater inclusion of
information to discover any potential conflicts of interest as
recommended by the Government Accountability Office.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average one
hour per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    Respondents/Affected Entities: Candidates for membership as Special
Government Employees (SGEs) on EPA federal advisory committees.
    Estimated total number of potential respondents: 300.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 300 hours.
    Estimated total annual costs: $33,000. There are no capital or O&M
costs.
    Changes in the Estimates: There is an increase of 24 hours in the
total estimated burden currently identified in the OMB Inventory of
Approved ICR Burdens. The burden estimates have been changed to reflect
an expected increase of the number of respondents (from 276 to 300), as
well as an increase of respondents costs to complete the form, to cover
the next 3 years.

    Dated: February 4, 2008.
Sara Hisel-McCoy,
Director, Collection Strategies Division.
[FR Doc. E8-2478 Filed 2-8-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Notices]
[Pages 34885-34886]
[FR Doc No: 2019-15372]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-193-000]

Columbia Gulf Transmission, LLC; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Mainline 100 and Mainline 200
Replacement Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Mainline 100 and Mainline 200
Replacement Project involving construction and operation of facilities
by Columbia Gulf Transmission, LLC (Columbia) in Menifee and Montgomery
Counties, Kentucky. The Commission will use this EA in its decision-
making process to determine whether the project is in the public
convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies about issues regarding the project. The National Environmental
Policy Act (NEPA) requires the Commission to take into account the
environmental impacts that could result from its action whenever it
considers the issuance of a Certificate of Public Convenience and
Necessity. NEPA also requires the Commission to discover concerns the
public may have about proposals. This process is referred to as
``scoping.'' The main goal of the scoping process is to focus the
analysis in the EA on the important environmental issues. By this
notice, the Commission requests public comments on the scope of issues
to address in the EA. To ensure that your comments are timely and
properly recorded, please submit your comments so that the Commission
receives them in Washington, DC on or before 5:00 p.m. Eastern Time on
August 12, 2019.
    You can make a difference by submitting your specific comments or
concerns about the project. Your comments should focus on the potential
environmental effects, reasonable alternatives, and measures to avoid
or lessen environmental impacts. Your input will help the Commission
staff determine what issues they need to evaluate in the EA. Commission
staff will consider all filed comments during the preparation of the
EA.
    If you sent comments on this project to the Commission before the
opening of this docket on April 22, 2019, you will need to file those
comments in Docket No. CP19-193-000 to ensure they are considered as
part of this proceeding. This notice is being sent to the Commission's
current environmental mailing list for this project. State and local
government representatives should notify their constituents of this
proposed project and encourage them to comment on their areas of
concern.
    Columbia provided landowners with a fact sheet prepared by the FERC
entitled ``An Interstate Natural Gas Facility On My Land? What Do I
Need To Know?'' This fact sheet addresses a number of typically asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC website (www.ferc.gov) at https://www.ferc.gov/resources/guides/gas/gas.pdf.

Public Participation

    The Commission offers a free service called eSubscription which
makes it easy to stay informed of all issuances and submittals
regarding the dockets/projects to which you subscribe. These instant
email notifications are the fastest way to receive notification and
provide a link to the document files which can reduce the amount of
time you spend researching proceedings. To sign up go to www.ferc.gov/docs-filing/esubscription.asp.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature, which is located on the

Commission's website (www.ferc.gov) under the link to Documents and
Filings. Using eComment is an easy method for submitting brief, text-
only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(CP19-193-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A,
Washington, DC 20426.

Summary of the Proposed Project

    Columbia proposes replacing the existing Class 2 Mainline 100 and
Mainline 200 pipelines with Class 3 pipelines. The replacement of
Mainline 100 and Mainline 200 consists of the abandonment and
replacement of approximately 2,650 feet of pipeline associated with
Mainline 100 and Mainline 200. New pipeline facilities include the
construction and operation of two sections of Mainline 100 and two
sections of Mainline 200, which represent approximately 0.44 miles of
new 30-inch-diameter natural gas transmission pipe, within Montgomery
and Menifee Counties, Kentucky.
    The general location of the project facilities is shown in appendix
1.

Land Requirements for Construction

    The land requirements for the Project include the existing
permanent right-of-way, additional temporary construction workspace,
and temporary and permanent access roads. These areas are collectively
referred to as the construction work area. The construction work area
totals 10.6 acres. New permanent right-of-way would not be required for
the Project, and Columbia will maintain the existing right-of-way and
permanent access roads during operation.

The EA Process

    The EA will discuss impacts that could occur as a result of the
construction and operation of the proposed project under these general
headings:
     Geology and soils;
     water resources and wetlands;
     vegetation and wildlife;
     threatened and endangered species;
     cultural resources;
     land use;
     air quality and noise;
     public safety; and
     cumulative impacts
    Commission staff will also evaluate reasonable alternatives to the
proposed project or portions of the project, and make recommendations
on how to lessen or avoid impacts on the various resource areas.
    The EA will present Commission staffs' independent analysis of the
issues. The EA will be available in electronic format in the public
record through eLibrary \1\ and the Commission's website (https://www.ferc.gov/industries/gas/enviro/eis.asp). If eSubscribed, you will
receive instant email notification when the EA is issued. The EA may be
issued for an allotted public comment period. Commission staff will
consider all comments on the EA before making recommendations to the
Commission.
---------------------------------------------------------------------------

    \1\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
---------------------------------------------------------------------------

    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues of this project to formally cooperate in the
preparation of the EA.\2\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice.
---------------------------------------------------------------------------

    \2\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
---------------------------------------------------------------------------

Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the applicable State Historic Preservation Office,
and to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the project's potential
effects on historic properties.\3\ The EA for this project will
document findings on the impacts on historic properties and summarize
the status of consultations under section 106.
---------------------------------------------------------------------------

    \3\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, whose property
may be used temporarily for project purposes, or who own homes within
certain distances of aboveground facilities, and anyone who submits
comments on the project. Commission staff will update the environmental
mailing list as the analysis proceeds to ensure that Commission notices
related to this environmental review are sent to all individuals,
organizations, and government entities interested in and/or potentially
affected by the proposed project.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field, excluding the last three digits (i.e.,
CP19-193. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or<PHONE_NUMBER>, or for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of all
formal documents issued by the Commission, such as orders, notices, and
rulemakings.

    Dated: July 12, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-15372 Filed 7-18-19; 8:45 am]
 BILLING CODE 6717-01-P