Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices 66425 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2000–7165; FMCSA– 

2004–17984; FMCSA–2006–24783] 

Qualification of Drivers; Exemption 

Renewals; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of final disposition. 

SUMMARY: FMCSA previously 

announced its decision to renew the 

exemptions from the vision requirement 

in the Federal Motor Carrier Safety 

Regulations for 10 individuals. FMCSA 

has statutory authority to exempt 

individuals from the vision requirement 

if the exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemptions will provide a level of safety 

that will be equivalent to, or greater 

than, the level of safety maintained, 

Director, Medical Programs, (202) 366– 

4001, fmcsamedical@dot.gov, FMCSA, 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Mary D. Gunnels, 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: 

Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may grant an exemption for a 2- 

year period if it finds ‘‘such exemption 

would likely achieve a level of safety 

that is equivalent to, or greater than, the 

level that would be achieved absent 

such exemption.’’ The statute also 

allows the Agency to renew exemptions 

at the end of the 2-year period. The 

comment period ended on October 18, 

2010 (75 FR 57105). 

Discussion of Comments 

FMCSA received no comments in this 

proceeding. 

Conclusion 

The Agency has not received any 

adverse evidence on any of these drivers 

that indicates that safety is being 

compromised. Based upon its 

evaluation of the 10 renewal 

applications, FMCSA renews the 

Federal vision exemptions for Robert L. 

Aurandt, Harry R. Brewer, Joseph H. 

Fowler, Kelly R. Konesky, Gregory T. 

Lingard, Hollis J. Martin, Kevin C. 

Palmer, Charles O. Rhodes, Gordon G. 

Roth, and Daniel A. Sohn. 

In accordance with 49 U.S.C. 31136(e) 

and 31315, each renewal exemption will 

be valid for 2 years unless revoked 

earlier by FMCSA. The exemption will 

be revoked if: (1) The person fails to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained before it was granted; or 

(3) continuation of the exemption would 

not be consistent with the goals and 

objectives of 49 U.S.C. 31136 and 31315. 

Issued on: October 22, 2010. 

Charles A. Horan III, 

Office Director, Bus and Truck, Standards 

and Operation. 

[FR Doc. 2010–27292 Filed 10–27–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2010–0124] 

Pipeline Safety: Request for Special 

Permit 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA); DOT. 

ACTION: Notice. 

SUMMARY: Pursuant to the Federal 

Pipeline Safety Laws, PHMSA is 

publishing this notice of a special 

permit request we have received from 

Gulf South Pipeline Company, LP, a 

natural gas pipeline operator, seeking 

relief from compliance with certain 

requirements in the Federal Pipeline 

Safety Regulations. This notice seeks 

public comments on this request, 

including comments on any safety or 

environmental impacts. At the 

conclusion of the 30-day comment 

period, PHMSA will evaluate the 

request and determine whether to grant 

or deny a special permit. 

DATES: Submit any comments regarding 

this special permit request by November 

29, 2010. 

ADDRESSES: Comments should reference 

the docket number for this specific 

special permit request and may be 

submitted in the following ways: 

• E-Gov Web Site: http:// 

www.Regulations.gov. This site allows 

the public to enter comments on any 

Federal Register notice issued by any 

agency. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management System: 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: Docket Management 

System: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590 between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Instructions: You should identify the 

docket number for the special permit 

request you are commenting on at the 

beginning of your comments. If you 

submit your comments by mail, please 

submit two copies. To receive 

confirmation that PHMSA has received 

your comments, please include a selfaddressed stamped postcard. Internet 

users may submit comments at http:// 

www.Regulations.gov. 

Note: Comments are posted without 

changes or edits to http:// 

www.Regulations.gov, including any personal 

information provided. There is a privacy 

statement published on http:// 

www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

General: Dana Register by telephone 

at 202–366–0490; or, e-mail at 

dana.register@dot.gov. 

Technical: Ken Lee by telephone at 

202–366–2694; or, e-mail at 

kenneth.lee@dot.gov. 

SUPPLEMENTARY INFORMATION: 

PHMSA has received this request for 

a special permit from Gulf South 

Pipeline Company, LP (GSPC) seeking 

relief from compliance with certain 

pipeline safety regulations. GSPC’s 

request includes a technical analysis. 

This request can be found at http:// 

www.Regulations.gov, under docket 

number PHMSA–2010–0124. We invite 

interested persons to participate by 

reviewing this special permit request at 

http://www.Regulations.gov, and by 

submitting written comments, data or 

other views. Please include any 

comments on potential environmental 

impacts that may result if this special 

permit is granted. 

Before acting on this special permit 

request, PHMSA will evaluate all 

comments received on or before the 

comments closing date. Comments will 

be evaluated after this date if it is 

possible to do so without incurring 

additional expense or delay. PHMSA 

will consider each relevant comment we 

receive in making our decision to grant 

or deny a request. 

PHMSA has received the following 

special permit request: 


emcdonald on DSK2BSOYB1PROD with NOTICES
66426 Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices 

1Public Law 111–203, 124 Stat. 1376 (2010). 

2Public Law 111–203, 124 Stat. 1376 (2010). 

3 7 U.S.C. 1a(25) (‘‘a transaction that solely 

involves—(A) an exchange of 2 different currencies 

on a specific date at a fixed rate that is agreed upon 

on the inception of the contract covering the 

exchange; and (B) a reverse exchange of the 2 

currencies described in subparagraph (A) at a later 

date and at a fixed rate that is agreed upon on the 

inception of the contract covering the exchange.’’). 

4 7 U.S.C. 1a(24) (‘‘a transaction that solely 

involves the exchange of 2 different currencies on 

a specific future date at a fixed rate agreed upon on 

the inception of the contract covering the 

exchange.’’). 

5 7 U.S.C. 1(a)(47)(E)(i)(I). 

6 7 U.S.C. 1(a)(47)(E)(i)(II). 

7Notwithstanding any such determination by the 

Secretary of the Treasury, all foreign exchange 

swaps and forwards must be reported to a swap 

data repository, and swap dealers and major swap 

participants that are parties to foreign exchange 

swaps and forwards transactions must conform to 

business conduct standards pursuant to the 

requirements of the Dodd-Frank Act and 

implementing regulations thereunder. 

8 7 U.S.C. 1b(a). 

9 7 U.S.C. 1b(b)(1). 

Docket No. Requester Regulation Nature of special permit 

PHMSA–2010–0124 ............. Gulf South Pipeline Company, 

LP.

49 CFR 192.611 To authorize GSPC to engage in an alternative approach to conduct risk 

control activities based on Integrity Management Program principles 

rather than lowering the Maximum Allowable Operating Pressure 

(MAOP) or replacing the subject pipe segment. This application is for 

three segments of GSPC Line TPL–880 in Mobile County, Alabama. 

These segments have changed from Class 1 and 2 locations to Class 

3. The pipeline is 30-inches in diameter and has a MAOP of 1,073 

psig. The segments that have changed Class Locations are 2,763 feet 

in length. The three segments are located at Station Number 318+78 

ft. to Station Number 322+14 ft., Station Number 435+63 ft. to Station 

Number 454+65 ft., and Station Number 455+85 ft. to Station Number 

461+08 ft. 

Authority: 49 U.S.C. 60118 (c)(1) and 49 

CFR 1.53. 

Issued in Washington, DC on October 20, 

2010. 

Linda Daugherty, 

Deputy Associate Administrator for Policy 

and Programs. 

[FR Doc. 2010–27238 Filed 10–27–10; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF THE TREASURY 

Determination of Foreign Exchange 

Swaps and Forwards 

AGENCY: Departmental Offices, 

Department of the Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Commodity Exchange 

Act (‘‘CEA’’), as amended by Title VII of 

the Dodd-Frank Wall Street Reform and 

Consumer Protection Act (‘‘Dodd-Frank 

Act’’),1 permits the Secretary of the 

Treasury to issue a written 

determination exempting foreign 

exchange swaps, foreign exchange 

forwards, or both, from the definition of 

a ‘‘swap’’ under the CEA. The Secretary 

has made no determination whether an 

exemption is warranted. Although not 

required under the Dodd-Frank Act, the 

Department of the Treasury invites 

comment on whether such an 

exemption for foreign exchange swaps, 

foreign exchange forwards, or both, is 

warranted and on the application of the 

factors that the Secretary must consider 

in making a determination regarding 

these instruments. 

DATES: Written comments must be 

received on or before November 29, 

2010, to be assured of consideration. 

ADDRESSES: Submission of Comments: 

Please submit comments electronically 

through the Federal eRulemaking 

Portal—‘‘Regulations.gov.’’ Go to http:// 

www.regulations.gov to submit or view 

public comments. The ‘‘How to Use this 

Site’’ and ‘‘User Tips’’ link on the 

Regulations.gov home page provides 

information on using Regulations.gov, 

including instructions for submitting or 

viewing public comments, viewing 

other supporting and related materials, 

and viewing the docket after the close 

of the comment period. Please include 

your name, affiliation, address, e-mail 

address and telephone number(s) in 

your comment. All statements received, 

including attachments and other 

supporting materials, are part of the 

public record and subject to public 

disclosure. You should submit only 

information that you wish to make 

available publicly. 

FOR FURTHER INFORMATION CONTACT: 

Office of Financial Institutions Policy, 

1500 Pennsylvania Avenue, NW., 

Washington, DC 20220, (202) 622–2730, 

ofip@do.treas.gov. 

SUPPLEMENTARY INFORMATION: Section 

721 of the Dodd-Frank Act 2 amends 

section 1a of the CEA which, in relevant 

part, defines the term ‘‘swap’’ under the 

CEA. Section 1a(47)(E) of the CEA 

authorizes the Secretary of the Treasury 

to make a written determination that 

‘‘foreign exchange swaps’’ 3 or ‘‘foreign 

exchange forwards,’’ 4 or both, should 

not be regulated as swaps under the 

CEA,5 as amended by the Dodd-Frank 

Act, and are not structured to evade the 

Dodd-Frank Act in violation of any rule 

promulgated by the Commodity Futures 

Trading Commission (‘‘CFTC’’).6

In making the determination whether 

to exempt foreign exchange swaps and/ 

or foreign exchange forwards,7 the 

Secretary of the Treasury must consider 

the following factors: 

(1) Whether the required trading and 

clearing of foreign exchange swaps and 

foreign exchange forwards would create 

systemic risk, lower transparency, or 

threaten the financial stability of the 

United States; 

(2) Whether foreign exchange swaps 

and foreign exchange forwards are 

already subject to a regulatory scheme 

that is materially comparable to that 

established by the CEA for other classes 

of swaps; 

(3) The extent to which bank 

regulators of participants in the foreign 

exchange market provide adequate 

supervision, including capital and 

margin requirements; 

(4) The extent of adequate payment 

and settlement systems; and 

(5) The use of a potential exemption 

of foreign exchange swaps and foreign 

exchange forwards to evade otherwise 

applicable regulatory requirements.8

The Treasury Department is soliciting 

comments on the above factors, and any 

relevant information that may bear on 

the regulation of foreign exchange 

swaps and foreign exchange forwards as 

‘‘swaps’’ under the CEA, to assist in the 

Secretary’s consideration of whether to 

issue a determination under section 

1a(47) of the CEA. 

In addition, the Treasury Department 

is particularly interested in comments 

on the questions set forth below: 

(1) Are foreign exchange swaps and/ 

or foreign exchange forwards 

qualitatively different from other classes 

of swaps in a way that makes them illsuited for regulation as ‘‘swaps’’ under 

the CEA? 9 Are there similarities 


emcdonald on DSK2BSOYB1PROD with NOTICES