[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Notices]
[Pages 63280-63285]
[FR Doc No: 2013-24749]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0188]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice of applications for exemptions request for comments.

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SUMMARY: FMCSA announces receipt of applications from 29 individuals
for exemptions from the prohibition against persons with insulin-
treated diabetes mellitus (ITDM) operating commercial motor vehicles
(CMVs) in interstate commerce. If granted, the exemptions would enable
these individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before November 22, 2013.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0188 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to or greater than the level that would be achieved
absent such exemption.'' The statute also allows the Agency to renew
exemptions at the end of the 2-year period. The 29 individuals listed
in this notice have recently requested such an exemption from the
diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers
of CMVs in interstate commerce. Accordingly, the Agency will evaluate
the qualifications of each applicant to determine whether granting the
exemption will achieve the required level of safety mandated by
statute.

Qualifications of Applicants

Toni Benfield

    Ms. Benfield, 40, has had ITDM since 2013. Her endocrinologist
examined her in 2013 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
Her endocrinologist certifies that Ms. Benfield understands diabetes
management and monitoring has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Benfield meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2013 and certified that she does not have
diabetic retinopathy. She holds a Class B CDL from South Carolina.

Delbert L. Bennett, Jr.

    Mr. Bennett, 64, has had ITDM since 2011. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Bennett understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bennett meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2013 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Idaho.

Daniel A. Bryan

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

Stephen A. Cronin

    Mr. Cronin, 46, has had ITDM since 1986. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Cronin understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Cronin meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have

diabetic retinopathy. He holds a Class E operator's license from
Florida.

Paul J. Dent

    Mr. Dent, 50, has had ITDM since 2013. His endocrinologist examined
him in 2013 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Dent understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Dent meets the vision requirements
of 49 CFR 391.41(b)(10). His optometrist examined him in 2013 and
certified that he does not have diabetic retinopathy. He holds a Class
A CDL from Iowa.

Lee E. Emery

    Mr. Emery, 59, has had ITDM since 2009. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Emery understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Emery meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Maine.

Marshall H. Evans

    Mr. Evans, 58, has had ITDM since 2007. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Evans understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Evans meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Illinois.

Joseph M. Fiorelli

    Mr. Fiorelli, 60, has had ITDM since 2013. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Fiorelli understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Fiorelli meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2013 and certified that he does not have diabetic retinopathy.
He holds a Class C operator's license from Pennsylvania.

David W. Foster

    Mr. Foster, 31, has had ITDM since 2012. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Foster understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Foster meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2013 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Tennessee.

Francis M. Garlach, III

    Mr. Garlach, 61, has had ITDM since 2003. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Garlach understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Garlach meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2013 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Pennsylvania.

Darren L. Graham

    Mr. Graham, 43, has had ITDM since 1997. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Graham understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Graham meets the vision
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2013 and certified that he does not have diabetic retinopathy. He
holds a Class C operator's license from Texas.

James M. Harvey

    Mr. Harvey, 24, has had ITDM since 2001. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Harvey understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Harvey meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class D operator's license from Ohio.

Jerry D. Joseph

    Mr. Joseph, 63, has had ITDM since 2013. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Joseph understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Joseph meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2013 and certified that

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

Neal S. Kassebaum

    Mr. Kassebaum, 65, has had ITDM since 2013. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Kassebaum understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Kassebaum meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2013 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from Tennessee.

Kevin E. Kneff

    Mr. Kneff, 48, has had ITDM since 1997. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Kneff understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Kneff meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Missouri.

Ronald Mooney

    Mr. Mooney, 54, has had ITDM since 2009. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Mooney understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Mooney meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Oregon.

Martin J. Mostyn

    Mr. Mostyn, 46, has had ITDM since 2013. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Mostyn understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Mostyn meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2013 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
Ohio.

Floyd P. Murray, Jr.

    Mr. Murray, 38, has had ITDM since 2011. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Murray understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Murray meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Utah.

Cameron J. Ohl

    Mr. Ohl, 26, has had ITDM since 1994. His endocrinologist examined
him in 2013 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Ohl understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Ohl meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2013 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from North Carolina.

Mark A. Pille

    Mr. Pille, 31, has had ITDM since 2013. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Pille understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Pille meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class A CDL from Iowa.

Glen E. Pozernick

    Mr. Pozernick, 56, has had ITDM since 2012. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Pozernick understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Pozernick meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2013 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Idaho.

Jody R. Prause

    Mr. Prause, 47, has had ITDM since 2008. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Prause understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Prause meets the vision

requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him
in 2013 and certified that he does not have diabetic retinopathy. He
holds a Class E CDL from Michigan.

Andrew Quaglia

    Mr. Quaglia, 23, has had ITDM since 1993. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Quaglia understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Quaglia meets the
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist
examined him in 2013 and certified that he has stable nonproliferative
diabetic retinopathy. He holds a Class D operator's license from New
York.

Gilbert Rios

    Mr. Rios, 64, has had ITDM since 2013. His endocrinologist examined
him in 2013 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Rios understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Rios meets the vision requirements
of 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2013 and
certified that he does not have diabetic retinopathy. He holds a Class
A CDL from Ohio.

Joseph F. Schafer, Jr.

    Mr. Schafer, 43, has had ITDM since 1999. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Schafer understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Schafer meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2013 and certified that he does not have
diabetic retinopathy. He holds a Class C operator's license from
Pennsylvania.

Gary A. Sjokvist

    Mr. Sjokvist, 59, has had ITDM since 2007. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Sjokvist understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Sjokvist meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2013 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from North Dakota.

Richard D. Stalter

    Mr. Stalter, 53, has had ITDM since 1974. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Stalter understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Stalter meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2013 and certified that he does not have
diabetic retinopathy. He holds a Class D operator's license from
Arkansas.

Charles W. Sterling

    Mr. Sterling, 63, has had ITDM since 2012. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Sterling understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Sterling meets the
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined
him in 2013 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Washington.

Carl F. Wagner, Jr.

    Mr. Wagner, 54, has had ITDM since 2013. His endocrinologist
examined him in 2013 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Wagner understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Wagner meets the vision
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in
2013 and certified that he does not have diabetic retinopathy. He holds
a Class B CDL from Indiana.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the date section
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441).\1\ The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------

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

    Section 4129 requires: (1) elimination of the requirement for 3
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established

by the September 3, 2003 notice. FMCSA discontinued use of the 3-year
driving experience and fulfilled the requirements of section 4129 while
continuing to ensure that operation of CMVs by drivers with ITDM will
achieve the requisite level of safety required of all exemptions
granted under 49 USC. 31136 (e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary.
    The FMCSA concluded that all of the operating, monitoring and
medical requirements set out in the September 3, 2003 notice, except as
modified, were in compliance with section 4129(d). Therefore, all of
the requirements set out in the September 3, 2003 notice, except as
modified by the notice in the Federal Register on November 8, 2005 (70
FR 67777), remain in effect.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2013-0188 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than
8[frac12] by 11 inches, suitable for copying and electronic filing. If
you submit comments by mail and would like to know that they reached
the facility, please enclose a stamped, self-addressed postcard or
envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-2013-0188 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

    Issued on: October 7, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-24749 Filed 10-22-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: July 26, 2010 (Volume 75, Number 142)]
[Rules and Regulations]
[Page 43400-43405]
[DOCID:fr26jy10-6]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 2, 3b, 4, 5, 8, 9, 11, 16, 24, 32, 33, 34, 35, 39, 45,
46, 152, 153, 156, 157, 385, and 388

[Docket No. RM10-26-000; Order No. 737]

Technical Corrections to Commission's Regulations

Issued July 14, 2010.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule; technical correction.

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SUMMARY: The Commission is issuing this Final Rule to make minor
changes to its regulations. This Final Rule revises a number of
references that have become outdated for various reasons. Generally,
these changes add or delete language in the current regulations that:
Eliminate obsolete information; incorporate by reference updated
electronic filing options; and correct incorrect cites.

DATES: Effective Date: The rule will become effective July 26, 2010.

FOR FURTHER INFORMATION CONTACT:
Wilbur Miller, Federal Energy Regulatory Commission, 888 First Street,
NE., Washington, DC 20426,<PHONE_NUMBER>.
Christopher Cook, Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Before Commissioners: Jon Wellinghoff, Chairman; Marc Spitzer,
Philip D. Moeller, and John R. Norris.
Technical Corrections to Commission's Regulations
Docket No. RM10-26-000
Order No. 737
Final Rule
Issued July 14, 2010.

I. Introduction

    1. This Final Rule corrects a number of the Commission's
regulations to bring them up to date or make them consistent with other
provisions. The revisions are intended to be ministerial and/or
informational in nature, as explained below.

II. Discussion

A. Minor Revisions Correcting Outdated Nomenclature, Addresses, and
Provisions

    2. Parts 3b, 46, and 152 of Title 18 of the Code of Federal
Regulations, this Final Rule corrects all references, where
appropriate, to the ``FPC'' (Federal Power Commission; the predecessor
to the Federal Energy Regulatory Commission) to read ``FERC'' or
``Federal Energy Regulatory Commission.'' Also in these sections,
multiple obsolete or outdated references relating to the FERC
organizational structure are replaced or updated as appropriate. This
Final Rule also revises incorrect references to a former FERC address
and deletes regulatory provisions that no longer exist. This Final Rule
also removes certain nomenclature to be consistent with other
provisions of our regulations. See new 18 CFR 4.12 and 4.22 (2010).

B. Minor Revisions Incorporating by Reference Web Site Language and
Removing References to Paper Copies as Part of the Commission's Filing
Procedures

    3. For Parts 2, 4, 5, 8, 11, 16, 24, 32, 34, 45, 46, 152, 153, 156,
385, and 388, this Final Rule incorporates by reference the ``how to
file'' requirements located on the Commission's Web site in order to
reflect our current electronic filing options. These filing options are
routinely modified to capture information and technology updates as
well as updates to general filing procedures. In Part 2, a reference to
multiple paper copies is replaced by a reference to updated filing
procedures as posted on the Commission Web site. FERC now has paperless
electronic filing options for nearly all documents submitted to the
Commission and references to a certain number of paper copies have been
revised.\1\ Part 4 is revised to remove multiple references to
``certified mail,'' which is no longer a requirement. See new 18 CFR
4.4; 4.12; 4.22 (2010). Parts 9 and 156 are revised to remove a
reference to paper copies as part of filing procedures and Part 157 is
revised to remove a section related to outdated file formats. Part 388
replaces language that requires a ``written statement'' with
``statement.'' See new 18 CFR 3b.203(b) (2010).
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    \1\ Although electronic submissions are encouraged, the
Commission has posted a Quick Reference Guide to Paper Submissions
at http://www.ferc.gov/docs-filing/efiling/filing.pdf.
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 C. Minor Revisions Removing Obsolete References to Filing Fees

    4. Parts 32, 34, 45, 152, 156, and 157 are all revised by removing
language referencing filing fees. These filing fees are no longer
required by the Commission.

 D. Minor Revisions Removing Obsolete References to Form of Notice

    5. Parts 33, 34, and 39 are all revised by removing language
referencing forms of notice. The notices for these filings are now
included in the Combined Notice Process.

E. Minor Revisions Replacing Incorrect Order Number References

    6. To correct prior typographical errors, Part 35 is revised by
replacing multiple references to ``Order 741'' with ``Order 714.''

III. Information Collection Statement

    7. The Office of Management and Budget's (OMB) regulations require
that OMB approve certain information collection requirements imposed by
agency rule. 5 CFR Part 1320 (2010). This Final Rule contains no
information reporting requirements, and is not subject to OMB approval.

IV. Environmental Analysis

    8. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\2\ This
Final Rule is not such an action, and does not represent a major
federal action having a significant adverse effect on the human
environment under the Commission's regulations implementing the
National Environmental Policy Act. Part 380 of the Commission's
regulations lists exemptions to the requirement that an Environmental
Analysis or Environmental Impact Statement be done. Included is an
exemption for

procedural, ministerial or internal administrative actions. 18 CFR
380.4(1) and (5). This Final Rule is therefore exempt.
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    \2\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs., Regulations Preambles 1986-1990 ] 30,783 (1987).
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V. Regulatory Flexibility Act Certification

    9. The Regulatory Flexibility Act of 1980 (RFA) \3\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
This Final Rule concerns a matter of internal agency procedure and the
Commission therefore certifies that it will not have such an impact. An
analysis under the RFA is not required.
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    \3\ 5 U.S.C. 601-12.
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VI. Document Availability

    10. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Web site (http://www.ferc.gov) and in
the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5 p.m. Eastern time) at 888 First Street, NE., Room 2A,
Washington, DC 20426.
    11. From the Commission's Web site on the Internet, this
information is available in the Commission's document management
system, eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field.
    12. User assistance is available for eLibrary and the Commission's
Web site during normal business hours from FERC Online Support at 1-
866-208-3676 (toll free) or<PHONE_NUMBER> (e-mail at
FERCOnlineSupport@FERC.gov), or the Public Reference Room at (202) 502-
8371, TTY<PHONE_NUMBER> (e-mail at public.referenceroom@ferc.gov).

VII. Effective Date and Congressional Notification

    13. These regulations are effective on the date of publication in
the Federal Register. In accordance with 5 U.S.C. 553(d)(3) (2006), the
Commission finds that good cause exists to make this Final Rule
effective immediately. It makes minor revisions with respect to matters
of internal operations and is unlikely to affect the rights of persons
appearing before the Commission. There is therefore no reason to make
this rule effective at a later time.
    14. The provisions of 5 U.S.C. 801 regarding Congressional review
of final rules do not apply to this Final Rule, because this Final Rule
concerns agency procedure and practice and will not substantially
affect the rights of non-agency parties.
    15. The Commission is issuing this Final Rule without a period for
public comment. Under 5 U.S.C. 553(b), notice and comment procedures
are unnecessary where a rulemaking concerns only agency procedure and
practice, or where the agency finds that notice and comment is
unnecessary. This rule concerns only matters of agency procedure and
will not significantly affect regulated entities or the general public.

List of Subjects

18 CFR Part 2

    Administrative practice and procedure, Electric power, Natural gas,
Pipelines, Reporting and recordkeeping requirements.

18 CFR Part 3b

    Privacy.

18 CFR Part 4

    Administrative practice and procedure, Electric power, Reporting
and recordkeeping requirements.

18 CFR Part 5

    Administrative practice and procedure, Electric power, Reporting
and recordkeeping requirements.

18 CFR Part 8

    Electric power, Recreation and recreation areas, Reporting and
recordkeeping requirements.

18 CFR Part 9

    Electric power, Reporting and recordkeeping requirements.

18 CFR Part 11

    Dams, Electric power, Indian lands, Public lands, Reporting and
recordkeeping requirements.

18 CFR Part 16

    Administrative practice and procedure, Electric power, Reporting
and recordkeeping requirements.

18 CFR Part 24

    Electric power, Reporting and recordkeeping requirements.

18 CFR Part 32

    Electric utilities.

18 CFR Part 33

    Electric utilities, Reporting and recordkeeping requirements,
Securities.

18 CFR Part 34

    Electric power, Reporting and recordkeeping requirements.

18 CFR Part 35

    Electric power rates, Electric utilities, Reporting and
recordkeeping requirements.

18 CFR Part 39

    Administrative practice and procedure.

18 CFR Part 45

    Electric utilities, Reporting and recordkeeping requirements.

18 CFR Part 46

    Antitrust, Electric utilities, Holding companies, Reporting and
recordkeeping requirements.

18 CFR Part 152

    Natural gas, Reporting and recordkeeping requirements.

18 CFR Part 153

    Exports, Imports, Natural gas, Reporting and recordkeeping
requirements.

18 CFR Part 156

    Administrative practice and procedure, Natural gas, Reporting and
recordkeeping requirements.

18 CFR Part 157

    Administrative practice and procedure, Natural gas, Reporting and
recordkeeping requirements, Uniform system of accounts.

18 CFR Part 385

    Administrative practice and procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping requirements.

18 CFR Part 388

    Confidential business information, Freedom of information.

    By the Commission.
Kimberly D. Bose,
Secretary.

0
In consideration of the foregoing, the Commission is amending parts 2,
3b, 4, 5, 8, 9, 11, 16, 24, 32, 33, 34, 35, 39, 45, 46, 152, 153, 156,
157, 385, and 388 of Chapter I, Title 18, Code of Federal Regulations,
by making the following technical corrections:

PART 2--GENERAL POLICY AND INTERPRETATIONS

0
1. The authority citation for Part 2 continues to read as follows:

    Authority:  (Secs. 308, 309; 49 Stat. 858; 16 U.S.C. 825g, 825h;
secs. 15, 16; 52 Stat. 829,

830; 15 U.S.C. 717n, 717o) [Order 211, 24 FR 1345, Feb. 21, 1959, as
amended by Order 463, 37 FR 28054, Dec. 20, 1972; 38 FR 3192, Feb.
2, 1973; 44 FR 34941, June 18, 1979; 45 FR 21224, Apr. 1, 1980;
Order 541, 57 FR 21733, May 22, 1992; Order 603, 64 FR 26603, May
14, 1999; Order 2002, 68 FR 51115, Aug. 25, 2003]

Sec.  2.1   [Amended]

0
2. In Sec.  2.1, paragraphs (a) introductory text and (b), the phrase
``mailing'' is removed and the phrase ``mailing or e-mailing'' is added
in its place.

Sec.  2.9  [Amended]

0
3. In Sec.  2.9, paragraph (b), the phrase ``the Federal Power
Commission, Office of Public Information, Washington, DC 20426'' is
removed and the phrase ``the Federal Energy Regulatory Commission,
Washington, DC 20426'' is added in its place.

Sec.  2.13  [Amended]

0
4. In Sec.  2.13, paragraph (b), the phrase ``the Office of Public
Information, Federal Power Commission, Washington, DC 20426'' is
removed and the phrase ``the Federal Energy Regulatory Commission,
Washington, DC 20426'' is added in its place.

Sec.  2.55  [Amended]

0
5. In Sec.  2.55, paragraph (b)(4), the phrase ``on electronic media
pursuant to Sec.  385.2011 of this chapter, accompanied by 7 paper
copies'' is removed and the phrase ``in accordance with filing
procedures posted on the Commission's Web site at http://
www.ferc.gov.'' is added in its place.

Sec.  2.57  [Amended]

0
6. In Sec.  2.57, in the first sentence, the phrase ``Federal Power
Commission'' is removed and the phrase ``Federal Energy Regulatory
Commission'' is added in its place.

PART 3b--COLLECTION, MAINTENANCE, USE, AND DISSEMINATION OF RECORDS
OF IDENTIFIABLE PERSONAL INFORMATION

0
7. The authority citation for Part 3b continues to read as follows:

    Authority:  Federal Power Act, as amended, sec. 309, 49 Stat.
858-859 (16 U.S.C. 825h); Natural Gas Act, as amended, sec. 16, 52
Stat. 830 (15 U.S.C. 717o); and Pub. L. 93-579 (88 Stat. 1896).

Sec.  3b.1  [Amended]

0
8. In Sec.  3b.1, in the first sentence, the phrase ``Federal Power
Commission's'' is removed and the phrase ``Federal Energy Regulatory
Commission's'' is added in its place.

Sec.  3b.203  [Amended]

0
9-10. In Sec.  3b.203, paragraph (b), the acronym ``FPC'' is removed
and the acronym ``FERC'' is added in its place, and the phrase
``specifically 18 CFR 3.207(e) and 3.228(d)'' is removed, and in
paragraph (c), the phrase ``Director, Office of Personnel Programs'' is
removed and the phrase ``Director, Human Resources Division'' is added
in its place.

Sec.  3b.221  [Amended]

0
11. In Sec.  3b.221, paragraph (d)(2), the phrase ``Federal Power
Commission, 825 North Capitol Street, NE., Washington, DC 20426'' is
removed and the phrase ``Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426'' is added in its place.

Sec.  3b.224  [Amended]

0
12. In Sec.  3b.224, paragraph (c)(2), the phrase ``Federal Power
Commission, 825 North Capitol Street, NE., Washington, DC 20426'' is
removed and the phrase ``Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426'' is added in its place.

PART 4--LICENSES, PERMITS, EXEMPTIONS, AND DETERMINATION OF PROJECT
COSTS

0
13. The authority citation for Part 4 continues to read as follows:

    Authority:  16 U.S.C. 791a-825r, 2601-2645; 42 U.S.C. 7101-7352.

Sec.  4.4  [Amended]

0
14. In Sec.  4.4, the phrase ``by certified mail'' is removed, and the
phrase ``or if the States has not regulatory agency'' is removed and
the phrase ``or if the State has no regulatory agency'' is added in its
place.

Sec.  4.12  [Amended]

0
15. In Sec.  4.12, the phrase ``by certified mail'' is removed.

Sec.  4.22  [Amended]

0
16. In Sec.  4.22, the phrase ``by certified mail'' is removed.

0
17-19. In Sec.  4.32:
    a. In paragraph (b)(1), the phrase ``must submit to the
Commission's Secretary for filing an original and eight copies of the
application or petition'' is removed and the phrase ``must submit the
application or petition to the Secretary of the Commission in
accordance with filing procedures posted on the Commission's Web site
at http://www.ferc.gov.'' is added in its place;
    b. In paragraph (b)(2), the phrase ``must submit to the
Commission's Secretary for filing an original and eight copies of the
application'' is removed and the phrase ``must submit the application
to the Secretary of the Commission in accordance with filing procedures
posted on the Commission's Web site at http://www.ferc.gov.'' is added
in its place; and
    c. In paragraph (e)(1)(i), the fifth sentence is revised to read as
follows:

Sec.  4.32  Acceptance for filing or rejection; information to be made
available to the public; requests for additional studies.

* * * * *
    (e) * * *
    (1) * * *
    (i) * * * Deficiencies must be corrected by submitting the
specified materials or information to the Secretary of the Commission
within the time specified in the notification of deficiency in
accordance with filing procedures posted on the Commission's Web site
at http://www.ferc.gov.
* * * * *

PART 5--INTEGRATED LICENSE APPLICATION PROCESS

0
20. The authority citation for Part 5 continues to read as follows:

    Authority:  16 U.S.C. 791a-825r, 2601-2645; 42 U.S.C. 7101-7352.

0
21. In Sec.  5.3, revise paragraph (d)(2)(vi) to read as follows:

Sec.  5.3  Process selection.

* * * * *
    (d) * * *
    (2) * * *
    (vi) State that respondents must submit comments to the Secretary
of the Commission in accordance with filing procedures posted on the
Commission's Web site at http://www.ferc.gov.
* * * * *

Sec.  5.5  [Amended]

0
22. In Sec.  5.5, paragraph (b) introductory text, the phrase ``with
the Commission pursuant to the requirements of Subpart T of Part 385 of
this chapter an original and eight copies of a letter'' is removed and
the phrase ``with the Secretary of the Commission in accordance with
filing procedures posted on the Commission's Web site at http://
www.ferc.gov, a letter'' is added in its place.

Sec.  5.6  [Amended]

0
23. In Sec.  5.6, paragraph (a)(1), the phrase ``with the Commission an
original and eight copies'' is removed and the phrase ``with the
Secretary of the Commission in accordance with filing procedures posted
on the Commission's Web site at http://www.ferc.gov'' is added in its
place.

PART 8--RECREATIONAL OPPORTUNITIES AND DEVELOPMENT AT LICENSED
PROJECTS

0
24. The authority citation for Part 8 continues to read as follows:

    Authority:  5 U.S.C. 551-557; 16 U.S.C. 791a-825r; 42 U.S.C.
7101-7352.

Sec.  8.11  [Amended]

0
25. In Sec.  8.11, paragraph (a)(1), the phrase ``shall prepare with
respect to each development within such project an original and two
copies of FERC Form No. 80 prescribed by Sec.  141.14 of this chapter
and submit them to a the Commission pursuant to the requirements in the
General Information portion of the form'' is removed and the phrase
``shall prepare with respect to each development within such project a
FERC Form No. 80 and submit them to the Secretary of the Commission in
accordance with filing procedures posted on the Commission's Web site
at http://www.ferc.gov.'' is added in its place.

PART 9--TRANSFER OF LICENSE OR LEASE OF PROJECT PROPERTY

0
26. The authority citation for Part 9 continues to read as follows:

    Authority:  Sec. 8, 41 Stat. 1068, sec. 309, 49 Stat. 858; 16
U.S.C. 801, 825h; Pub. L. 96--511, 94 Stat. 2812 (44 U.S.C. 3501 et
seq.)

0
27. Section 9.10 is revised to read as follows:

Sec.  9.10  Filing.

    Any licensee desiring to lease the project property covered by a
license or any part thereof, where the lessee is granted the exclusive
occupancy, possession, or use of project works for purposes of
generating, transmitting, or distributing power, and the person,
association, or corporation, State, or municipality desiring to acquire
the project property by lease, must file the proposed lease together
with the application in accordance with Sec.  4.32(b)(1) of this
chapter. The application and the Commission's action on it will, in
general, be subject to the provisions of Sec. Sec.  9.1 through 9.3.

PART 11--ANNUAL CHARGES UNDER PART I OF THE FEDERAL POWER ACT

0
28. The authority citation for Part 11 continues to read as follows:

    Authority:  16 U.S.C. 791a-825r; 42 U.S.C. 7101-7352.

0
29. In Sec.  11.6(i), the second sentence is revised to read as
follows:

Sec.  11.6  Exemption of State and municipal licensees and exemptees.

* * * * *
    (i) * * * The application must be filed with the Secretary of the
Commission in accordance with filing procedures posted on the
Commission's Web site at http://www.ferc.gov within the time allowed
(by Sec.  11.20) for the payment of the annual charges.'' * * *

PART 16--PROCEDURES RELATING TO TAKEOVER AND RELICENSING OF
LICENSED PROJECTS

0
30. The authority citation for Part 16 continues to read as follows:

    Authority:  16 U.S.C. 791a-825r; 42 U.S.C. 7101-7352.

Sec.  16.6  [Amended]

0
31. InSec.  16.6(b) introductory text, the phrase ``must file with the
Commission an original and fourteen copies of'' is removed and the
phrase ``must file with the Secretary of the Commission in accordance
with filing procedures posted on the Commission's Web site at http://
www.ferc.gov'' is added in its place.

PART 24--DECLARATION OF INTENTION

0
32. The authority citation for Part 24 continues to read as follows:

    Authority:  16 U.S.C. 791a-825r; 44 U.S.C. 3501 et seq. ; 42
U.S.C. 7101-7352.

0
33. In Sec.  24.1, revise the first sentence to read as follows:

Sec.  24.1  Filing.

    A declaration of intention under the provisions of section 23(b) of
the Act shall be filed with the Secretary of the Commission in
accordance with filing procedures posted on the Commission's Web site
at http://www.ferc.gov. * * *
* * * * *

PART 32--INTERCONNECTION OF FACILITIES

0
34. The authority citation for Part 32 is revised to read as follows:

    Authority:  42 U.S.C. 7101-7352; E.O. No. 12,009, 3 CFR 1978
Comp., p. 142; 31 U.S.C. 9701; 16 U.S.C. 791a-825r; 16 U.S.C. 2601-
2645 (1988).

0
35. In Sec.  32.1, the section heading is revised as set forth below,
and the phrase ``shall be accompanied by the fee prescribed in Part 381
of this chapter and'' is removed from the introductory text.

Sec.  32.1  Contents of the application.

* * * * *

0
36. Section 32.4 is revised to read as follows:

Sec.  32.4  Filing procedure.

    All applications under Part 32 must be filed with the Secretary of
the Commission in accordance with filing procedures posted on the
Commission's Web site at http://www.ferc.gov.

PART 33--APPLICATION FOR ACQUISITION, SALE, LEASE, OR OTHER
DISPOSITION, MERGER OR CONSOLIDATION OF FACILITIES, OR FOR PURCHASE
OR ACQUISITION OF SECURITIES OF A PUBLIC UTILITY

0
37. The authority citation for part 33 is revised to read as follows:

    Authority:  16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.

Sec.  33.6  [Removed]

0
38. Section 33.6 is removed.

0
39. In Sec.  33.8, revise the first sentence to read as follows:

Sec.  33.8  Number of copies.

    The applicant must submit the application or petition to the
Secretary of the Commission in accordance with filing procedures posted
on the Commission's Web site at http://www.ferc.gov.* * *

PART 34--APPLICATION FOR AUTHORIZATION OF THE ISSUANCE OF
SECURITIES OR THE ASSUMPTION OF LIABILITIES

0
40. The authority citation for Part 34 continues to read as follows:

    Authority:  16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.

Sec.  34.3  [Amended]

0
41. In Sec.  34.3, remove paragraph (k).

0
42. Section 34.7 is revised to read as follows:

Sec.  34.7  Filing requirements.

    Applications must be filed with the Secretary of the Commission in
accordance with filing procedures posted on the Commission's Web site
at http://www.ferc.gov.

Sec.  34.9  [Removed]

0
43. Remove Sec.  34.9.

Sec.  34.10  [Redesignated as Sec.  34.9]

0
44. Section 34.10 is redesignated as Sec.  34.9.

PART 35--FILING OF RATE SCHEDULES AND TARIFFS

0
45. The authority citation for Part 35 continues to read as follows:

    Authority:  16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.

Sec.  35.0  [Removed]

0
46-47. Section 35.0 is removed.

Sec.  35.33  [Amended]

0
48. In Sec.  35.33, paragraph (c), the phrase ``Commission's Library,
Room 95-01'' is removed and the phrase ``Commission'' is added in its
place. The phrase http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html is removed and the phrase
http://www.archives.gov/federal-register/cfr/ibr-locations.html is
added in its place.

PART 39--RULES CONCERNING CERTIFICATION OF THE ELECTRIC RELIABILITY
ORGANIZATION; AND PROCEDURES FOR THE ESTABLISHMENT, APPROVAL, AND
ENFORCEMENT OF ELECTRIC RELIABILITY STANDARDS

0
49. The authority citation for Part 39 continues to read as follows:

    Authority:  16 U.S.C. 824o.

Sec.  39.7  [Amended]

0
50. In Sec.  39.7, paragraph (d)(6) is removed and paragraph (d)(7) is
redesignated as paragraph (d)(6).

PART 45--APPLICATION FOR AUTHORITY TO HOLD INTERLOCKING POSITIONS

0
51. The authority citation for Part 45 continues to read as follows:

    Authority:  16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352; 3 CFR 142.

0
52. Section 45.7 is revised to read as follows:

Sec.  45.7  Form of application; filing procedure.

    Applications, supplemental applications, statements of supplemental
information, notices of change, and reports should be filed with the
Secretary of the Commission in accordance with filing procedures posted
on the Commission's Web site at http://www.ferc.gov. Each filing must
be dated, signed by the applicant, and verified under oath in
accordance with Sec.  385.2005(b) and (c).

0
53. In Sec.  45.8, the section heading and introductory text are
revised to read as follows:

Sec.  45.8  Contents of application.

    Each application shall state the following:
* * * * *

PART 46--PUBLIC UTILITY FILING REQUIREMENTS AND FILING REQUIREMENTS
FOR PERSONS HOLDING INTERLOCKING POSITIONS

0
54. The authority citation for Part 46 is revised to read as follows:

    Authority:  16 U.S.C. 792-828c; 16 U.S.C. 2601-2645; 42 U.S.C.
7101-7352; E.O. 12009, 3 CFR 142.

0
55. In Sec.  46.3, the second sentence of paragraph (a) is revised to
read as follows:

Sec.  46.3  Purchaser list.

    (a) * * * The public utility must submit the list to the Secretary
of the Commission in accordance with filing procedures posted on the
Commission's Web site at http://www.ferc.gov and make the list publicly
available through its principal business office.
* * * * *

Sec.  46.4  [Amended]

0
56. In Sec.  46.4 introductory text, the phrase ``the Office of the
Secretary of the Commission a written statement'' is removed and the
phrase ``the Secretary of the Commission a statement'' is added in its
place.

0
57. In Sec.  46.6, the section heading is revised and in paragraph
(d)(3), the phrase ``shall be available to the public during regular
business hours through the Commission's Office of Public Information''
is removed and the phrase ``shall be available to the public through
the Commission's eLibrary system on http://www.ferc.gov'' is added in
its place.

    The revision reads as follows:

Sec.  46.6  Contents of the statement and procedures for filing.

* * * * *

PART 152--APPLICATION FOR EXEMPTION FROM THE PROVISIONS OF THE
NATURAL GAS ACT PURSUANT TO SECTION 1(C) THEREOF AND ISSUANCE OF
BLANKET CERTIFICATES AUTHORIZING CERTAIN SALES FOR RESALE

0
58. The authority citation for Part 152 continues to read as follows:

    Authority:  15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352.

0
59. Section 152.2 is revised to read as follows:

Sec.  152.2  Form of application; service.

    The application must be filed with the Secretary of the Commission
in accordance with filing procedures posted on the Commission's Web
site at http://www.ferc.gov. A copy of the application shall be served
on the State Commission which has jurisdiction over the applicant and
upon each wholesale customer of the applicant.

0
60. In Sec.  152.3, the section heading is revised and in the
introductory text, the phrase ``shall be accompanied by the fee
prescribed in part 381 of this chapter or a petition for waiver
pursuant to Sec.  381.106 of this chapter and'' is removed.
    The revision reads as follows:

Sec.  152.3  Contents of application.

* * * * *

Sec.  152.5  [Amended]

0
61. In Sec.  152.5, the phrase ``Federal Power Commission'' is removed
in each of the two places in which it appears and the phrase ``Federal
Energy Regulatory Commission'' is added in both places.

PART 153--APPLICATIONS FOR AUTHORIZATION TO CONSTRUCT, OPERATE, OR
MODIFY FACILITIES USED FOR THE EXPORT OR IMPORT OF NATURAL GAS

0
62. The authority citation for Part 153 continues to read as follows:

    Authority:  15 U.S.C. 717b, 717o; E.O. 10485, 3 CFR, 1949-1953
Comp., p. 970, as amended by E.O. 12038, 3 CFR, 1978 Comp., p. 136,
DOE Delegation Order No. 0204-112, 49 FR 6684 (February 22, 1984).

0
63. In Sec.  153.20, paragraph (a) is revised to read as follows:

Sec.  153.20  General Rule.

    (a) Filing procedures. Applications under Subparts B and C must be
submitted to the Secretary of the Commission in accordance with filing
procedures posted on the Commission's Web site at http://www.ferc.gov.
* * * * *

PART 156--APPLICATIONS FOR ORDERS UNDER SECTION 7(a) OF THE NATURAL
GAS ACT

0
64. The authority citation for Part 156 is revised to read as follows:

    Authority:  52 Stat. 824, 829, 830; 56 Stat. 83, 84; 15 U.S.C.
717f, 717f(a), 717n, 717o.

0
65. In Sec.  156.3, the section heading and paragraph (a) are revised,
and in paragraph (b) introductory text, the phrase ``shall be
accompanied by the fee prescribed in part 159 of this subchapter and''
is removed.

    The revisions read as follows:

Sec.  156.3  Applications; general requirements.

    (a) Applicable rules. The application must be filed with the
Secretary of the Commission in accordance with filing procedures posted
on the Commission's Web site at http://www.ferc.gov. In all other
respects applications shall conform to the requirements of Sec. Sec.
156.1 through 156.5. Amendments to or withdrawals of applications shall
be filed in accordance with the

requirements of Sec. Sec.  385.213 and 385.214 of this chapter.
* * * * *

PART 157--APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY AND FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER
SECTION 7 OF THE NATURAL GAS ACT

0
66. The authority citation for Part 157 continues to read as follows:

    Authority:  15 U.S.C. 717-717w.

Sec.  157.6  [Amended]

0
67. In Sec.  157.6, paragraph (a)(5) is removed and paragraph (a)(6) is
redesignated as paragraph (a)(5), and in paragraph (b) introductory
text, the phrase ``shall be accompanied by the fee prescribed in part
381 of this chapter or a petition for waiver pursuant to Sec.  381.106
of this chapter and'' is removed.

PART 385--RULES OF PRACTICE AND PROCEDURE

0
68. The authority citation for Part 385 continues to read as follows:

     Authority:  5 U.S.C. 551-557; 15 U.S.C. 717-717z, 3301-3432; 16
U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C. 3701, 9701;
42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App.
U.S.C. 1-85 (1988).

Sec.  385.1901  [Amended]

0
69. In Sec.  385.1901, in the address given in paragraph (c)(2), the
phrase ``Suite 8000, 825 North Capitol Street, NE.'' is removed and the
phrase ``888 First Street, NE.'' is added in its place.

0
70. Section 385.2004 is revised to read as follows:

Sec.  385.2004  Originals and copies of filings (Rule 2004).

    The requirements for making filings under this chapter are posted
on the Commission's Web site at http://www.ferc.gov. The requirements
cover documents and forms submitted on paper, on electronic media, or
via the Commission's electronic filing systems.

Sec.  385.2012  [Amended]

0
71. In Sec.  385.2012, the phrase ``825 North Capitol Street, NE.'' is
removed and the phrase ``888 First Street, NE.'' is added in its place.

PART 388--INFORMATION AND REQUESTS

0
72. The authority citation for Part 388 continues to read as follows:

     Authority:  5 U.S.C. 301-305, 551, 552 (as amended), 553-557;
42 U.S.C. 7101-7352.

0
73. In Sec.  388.112, paragraph (b) is revised to read as follows:

Sec.  388.112  Requests for special treatment of documents submitted to
the Commission.

* * * * *
    (b) Procedures. A person claiming that information warrants special
treatment as CEII or privileged must file a statement requesting CEII
or privileged treatment for some or all of the information in a
document, and the justification for special treatment of the
information, in accordance with filing procedures posted on the
Commission's Web site at http://www.ferc.gov.
* * * * *
[FR Doc. 2010-17561 Filed 7-23-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 147 (Wednesday, July 31, 2013)]
[Rules and Regulations]
[Page 46258]
[FR Doc No: 2013-18341]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0678]

Drawbridge Operation Regulation Lake Washington, Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Evergreen Point Floating Bridge
(State Route 520 across Lake Washington) at Seattle, WA. This deviation
is necessary to accommodate the Seafair Air Show practice and event.
This deviation allows the bridge to remain in the closed position to
help minimize traffic congestion during the event.

DATES: This deviation is effective from 9:30 a.m. on August 1, 2013 to
3:30 p.m. August 4, 2013.

ADDRESSES: The docket for this deviation, [USCG-2013-0678] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Lieutenant Commander Steven M.
Fischer, Thirteenth Coast Guard District Bridge Program Officer,
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Washington State Department of
Transportation has requested that the draw span of the Evergreen Point
Floating Bridge (State Route 520 across Lake Washington) remain closed
to vessel traffic to facilitate safe passage of participants of the
Seafair Airshow practice and event. Interstate 90 will be closed to
road traffic during this time, which would divert road traffic onto the
Evergreen Point Floating Bridge. The closure of the Evergreen Point
Floating Bridge will further help minimize road traffic congestion
resulting from the closure of Interstate 90. The Evergreen Point
Floating Bridge provides three navigational openings for vessel
passage, the movable floating span, subject to this closure, and two
fixed navigational openings; one on the east end of the bridge and one
on the west end. The fixed navigational opening on the east end of the
bridge provides a horizontal clearance of 150 feet and a vertical
clearance of 57 feet at mean high water. The opening on the west end of
the bridge provides a horizontal clearance of 170 feet and a vertical
clearance of 44 feet at mean high water. Vessels that are able to
safely pass through the fixed navigational openings are allowed to do
so during this closure period. Under normal conditions, during this
time frame, the bridge operates in accordance with 33 CFR 117.1049(a)
which states the bridge shall open on signal if at least two hours
notice is given. This deviation period is from 9:30 a.m. on August 1,
2013 to 3:30 p.m. August 4, 2013. The deviation allows the floating
draw span of the Evergreen Point Floating Bridge on Lake Washington to
remain in the closed position and need not open for maritime traffic
from 9:30 a.m. to 3:00 p.m. on August 1, 2013; 12:30 p.m. to 3:00 p.m.
on August 2, 2013; 12:30 p.m. to 3:30 p.m. on August 3, 2013; and 12:30
p.m. to 3:30 p.m. on August 4, 2013. The bridge shall operate in
accordance to 33 CFR 117.1049(a) at all other times. Waterway usage on
the Lake Washington Ship ranges from commercial tug and barge to small
pleasure craft. Mariners will be notified and kept informed of the
bridge's operational status via the Coast Guard Notice to Mariners
publication and Broadcast Notice to Mariners as appropriate. The draw
span will be required to open, if needed, for vessels engaged in
emergency response operations during this closure period.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: July 24, 2013.
Daryl R. Peloquin,
Acting Bridge Administrator.
[FR Doc. 2013-18341 Filed 7-30-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 123 (Tuesday, June 26, 2012)]
[Notices]
[Pages 38045-38046]
[FR Doc No: 2012-15520]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission hereby gives notice that
members of the Commission's staff may attend the following meeting
related to the transmission planning activities of ISO New England
Inc., New York Independent System Operator, Inc., and PJM
Interconnection, L.L.C.:

Inter-Regional Planning Stakeholder Advisory Committee

June 22, 2012, 9 a.m. to 12 p.m., Local Time

    The above-referenced meeting will be held via teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at www.pjm.com.
    The discussions at the meetings described above may address matters
at issue in the following proceedings:

Docket No. ER08-1281, New York Independent System Operator, Inc.
Docket Nos. ER10-787, EL10-50, and EL10-57, ISO New England Inc. and
the New England Power Pool Participants Committee
Docket No. ER11-2216, ISO New England Inc. and the Participating
Transmission Owners Administrative Committee
Docket No. ER11-2580, ISO New England Inc.
Docket No. ER11-3953, ISO New England Inc. and the New England Power
Pool Participants Committee

Docket No. ER11-4336, ISO New England Inc.
Docket No. ER12-729, ISO New England Inc. and the New England Power
Pool Participants Committee
Docket No. ER12-757, ISO New England Inc.
Docket No. ER12-953, ISO New England Inc. and the New England Power
Pool Participants Committee
Docket No. ER12-991, ISO New England Inc.
Docket No. EL05-121, PJM Interconnection, L.L.C.
Docket No. ER06-456, ER06-954, ER06-1271, ER07-424, ER06-880, EL07-57,
ER07-1186, ER08-229, ER08-1065, ER09-497, and ER10-268, PJM
Interconnection, L.L.C.
Docket No. ER10-253 and EL10-14, Primary Power, L.L.C.
Docket No. EL10-52, Central Transmission, LLC v. PJM Interconnection,
L.L.C.
Docket No. ER11-4070, RITELine Indiana et al.
Docket No. ER11-2875 and EL11-20, PJM Interconnection, L.L.C.
Docket No. ER09-1256, Potomac-Appalachian Transmission Highline, L.L.C.
Docket No. ER09-1589, FirstEnergy Service Company
Docket No. EL11-56, FirstEnergy Service Company
Docket No. ER11-1844, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-718, New York Independent System Operator, Inc.
Docket No. ER12-1177, PJM Interconnection, L.L.C.
Docket No. ER12-1178, PJM Interconnection, L.L.C.
Docket No. ER12-1693, PJM Interconnection, L.L.C.
    For more information, contact James Eason, Office of Energy Market
Regulation, Federal Energy Regulatory Commission at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    Dated: June 20, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-15520 Filed 6-25-12; 8:45 am]
BILLING CODE 6717-01-P