[Federal Register: May 25, 2010 (Volume 75, Number 100)]
[Rules and Regulations]
[Page 29195-29197]
[DOCID:fr25my10-5]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1102]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Deputy Federal
Insurance and Mitigation Administrator reconsider the changes. The
modified BFEs may be changed during the 90-day period.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Kevin C. Long, Acting Chief,
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202) 646-2820, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required either to adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own or pursuant to policies established by other
Federal, State, or regional entities. The changes in BFEs are in
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

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                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer    Effective date of modification   Community
                                                           notice was published         of community                                             No.
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Alabama: St. Clair................  Unincorporated areas   December 24, 2009;    Mr. Stanley Batemon,       April 30, 2010.................       010290
                                     of St. Clair County    December 31, 2009;    Chairman, St. Clair
                                     (09-04-6331P).         The St. Clair News-   County Commission, 165
                                                            Aegis.                5th Avenue, Suite 100,
                                                                                Ashville, AL 35953.
Arizona:..........................
    Pima..........................  Town of Marana (09-09- September 21, 2009;   The Honorable Ed Honea,    January 26, 2010...............       040118
                                     0980P).                September 28, 2009;   Mayor, Town of Marana,
                                                            Daily Territorial.    11555 West Civic Center
                                                                                Drive, Marana, AZ 85653.
    Pima..........................  Town of Marana (08-09- October 9, 2009;      The Honorable Ed Honea,    January 19, 2010...............       040118
                                     1811P).                October 16, 2009;     Mayor, Town of Marana,
                                                            Daily Territorial.    11555 West Civic Center
                                                                                Drive, Marana, AZ 85653.
    Pima..........................  Town of Oro Valley     October 9, 2009;      The Honorable Paul H.      January 19, 2010...............       040109
                                     (08-09-1811P).         October 16, 2009;     Loomis, Mayor, Town of
                                                            Daily Territorial.    Oro Valley, 11000 North
                                                                                La Canada Drive, Oro
                                                                                Valley, AZ 85737.

    Pima..........................  Unincorporated areas   October 9, 2009;      The Honorable Richard      January 19, 2010...............       040073
                                     of Pima County (08-    October 16, 2009;     Elias, Chairman, Pima
                                     09-1811P).             Daily Territorial.    County Board of
                                                                                Supervisors, 130 West
                                                                                Congress Street, 11th
                                                                                Floor, Tucson, AZ 85701.
    Yuma..........................  Unincorporated areas   December 21, 2009;    The Honorable Gregory S.   December 7, 2009...............       040099
                                     of Yuma County (09-    December 28, 2009;    Ferguson, Chairman, Yuma
                                     09-1722P).             Yuma Sun.             County Board of
                                                                                Supervisors, 198 South
                                                                                Main Street, Yuma, AZ
                                                                                85364.
Arkansas:
    Benton........................  Town of Bethel         January 6, 2010;      The Honorable Fred Jack,   May 13, 2010...................       050386
                                     Heights (09-06-        January 13, 2010;     Mayor, Town of Bethel
                                     1075P).                Arkansas Democrat-    Heights, 530 Sunrise
                                                            Gazette.              Drive, Bethel Heights,
                                                                                AR 72764.
    Benton........................  City of Lowell (09-06- January 6, 2010;      The Honorable Perry Long,  May 13, 2010...................       050342
                                     1075P).                January 13, 2010;     Mayor, City of Lowell,
                                                            Arkansas Democrat-    216 North Lincoln
                                                            Gazette.              Street, Lowell, AR 72745.
California: Santa Clara...........  City of San Jose (10-  January 5, 2010;      The Honorable Chuck Reed,  December 29, 2009..............       060349
                                     09-0251P).             January 12, 2010;     Mayor, City of San Jose,
                                                            San Jose Mercury      200 East Santa Clara
                                                            News.                 Street, San Jose, CA
                                                                                95113.
Florida:
    Hillsborough..................  Unincorporated areas   January 4, 2010;      The Honorable Ken Hagan,   January 22, 2010...............       120112
                                     of Hillsborough        January 11, 2010;     Chairman, Hillsborough
                                     County (09-04-6011P).  Tampa Tribune.        County Board of
                                                                                Commissioners, P.O. Box
                                                                                1110, Tampa, FL 33601.
    Lake..........................  Unincorporated areas   January 4, 2010;      The Honorable Welton G.    May 11, 2010...................       120421
                                     of Lake County (09-    January 11, 2010;     Cadwell, Chairman, Lake
                                     04-4297P).             Daily Commercial.     County Board of
                                                                                Commissioners, P.O. Box
                                                                                7800, Tavares, FL 32778.
Illinois:
    Kane..........................  City of Elgin (09-05-  December 29, 2009;    The Honorable Edward       May 5, 2010....................       170087
                                     2958P).                January 5, 2010;      Schock, Mayor, City of
                                                            Courier News.         Elgin, 150 Dexter Court,
                                                                                Elgin, IL 60120.
    Kane..........................  Village of Hampshire   December 22, 2009;    The Honorable Jeffrey      April 28, 2010.................       170327
                                     (09-05-2792P).         December 29, 2009;    Magnussen, President,
                                                            Kane County           Village of Hampshire,
                                                            Chronicle.            P.O. Box 457, Hampshire,
                                                                                IL 60140.
    Kane..........................  Unincorporated areas   December 22, 2009;    The Honorable Karen        April 28, 2010.................       170896
                                     of Kane County (09-    December 29, 2009;    McConnaughay, Chairman,
                                     05-2792P).             Kane County           Kane County Board of
                                                            Chronicle.            Commissioners, 719 South
                                                                                Batavia Avenue, Geneva,
                                                                                IL 60134.
    Sedgwick......................  City of Park City (09- January 4, 2010;      The Honorable Emil         May 11, 2010...................       200963
                                     07-1605P).             January 11, 2010;     Bergquist, Mayor, City
                                                            Wichita Eagle.        of Park City, 6110 North
                                                                                Hydraulic Street, Park
                                                                                City, KS 67219.
    Sedgwick......................  Unincorporated areas   January 4, 2010;      The Honorable Kelly        May 11, 2010...................       200321
                                     of Sedgwick County     January 11, 2010;     Parks, Chairman,
                                     (09-07-1605P).         Wichita Eagle.        Sedgwick County Board of
                                                                                Commissioners, 525 North
                                                                                Main Street, Suite 320,
                                                                                Wichita, KS 67203.
Louisiana: Caddo..................  City of Shreveport     January 4, 2010;      The Honorable Cedric       May 11, 2010...................       220036
                                     (09-06-2855P).         January 11, 2010;     Glover, Mayor, City of
                                                            The Times.            Shreveport, 505 Travis
                                                                                Street, Shreveport, LA
                                                                                71101.
Ohio:
    Lucas.........................  City of Toledo (09-05- January 6, 2010;      The Honorable Carleton S.  December 29, 2009..............       395373
                                     5298P).                January 13, 2010;     Finkbeiner, Mayor, City
                                                            Toledo Blade.         of Toledo, 1 Government
                                                                                Center, 640 Jackson,
                                                                                Suite 2200, Toledo, OH
                                                                                43604.
    Miami.........................  City of Troy (09-05-   December 14, 2009;    The Honorable Michael      December 30, 2009..............       390402
                                     3442P).                December 21, 2009;    Beamish, Mayor, City of
                                                            Troy Daily News.      Troy, 100 South Market
                                                                                Street, Troy, OH 45373.
    Montgomery....................  City of Moraine (08-   December 9, 2009;     The Honorable Roger        April 15, 2010.................       390414
                                     05-1380P).             December 16, 2009;    Mathney, Mayor, City of
                                                            Dayton Daily News.    Moraine, 4200 Dryden
                                                                                Road, Moraine, OH 45439.
    Montgomery....................  City of West           December 9, 2009;     The Honorable Jeffery W.   April 15, 2010.................       390419
                                     Carrollton (08-05-     December 16, 2009;    Sanner, Mayor, City of
                                     1380P).                Dayton Daily News.    West Carrollton, 300
                                                                                East Central Avenue,
                                                                                West Carrollton, OH
                                                                                45449.
Oklahoma:
    Tulsa.........................  City of Glenpool (09-  January 7, 2010;      The Honorable Shayne       December 30, 2009..............       400208
                                     06-0482P).             January 14, 2010;     Buchanan, Mayor, City of
                                                            Tulsa Daily           Glenpool, P.O. Box 70,
                                                            Commerce & Legal      Glenpool, OK 74033.
                                                            News.
    Tulsa.........................  Unincorporated areas   January 7, 2010;      The Honorable Karen        December 30, 2009..............       400462
                                     of Tulsa County (09-   January 14, 2010;     Keith, Tulsa County
                                     06-0482P).             Tulsa Daily           Board of Commissioners,
                                                            Commerce & Legal      500 South Denver Avenue,
                                                            News.                 Tulsa, OK 74103.
Pennsylvania:
    Chester.......................  Borough of West        January 4, 2010;      The Honorable Dick B.      December 24, 2009..............       420292
                                     Chester (09-03-        January 11, 2010;     Yoder, Mayor, Borough of
                                     1120P).                Daily Local News.     West Chester, 401 East
                                                                                Gay Street, West
                                                                                Chester, PA 19380.
    Northampton...................  City of Bethlehem (09- December 31, 2009;    The Honorable John B.      December 22, 2009..............       420718
                                     03-1764P).             January 7, 2010;      Callahan, Mayor, City of
                                                            Express-Times.        Bethlehem, 10 East
                                                                                Church Street,
                                                                                Bethlehem, PA 18018.
Tennessee: Wilson.................  City of Lebanon (10-   January 8, 2010;      The Honorable Philip       May 17, 2010...................       470208
                                     04-0682P).             January 15, 2010;     Craighead, Mayor, City
                                                            Lebanon Democrat.     of Lebanon, 200 North
                                                                                Castle Heights Avenue,
                                                                                Suite 100, Lebanon, TN
                                                                                37087.

Texas:
    Brazoria......................  City of Angleton (08-  June 8, 2009; June    The Honorable J. Patrick   October 13, 2009...............       480064
                                     06-2457P).             15, 2009; The Facts.  Henry, Mayor, City of
                                                                                Angleton, 121 South
                                                                                Velasco Street,
                                                                                Angleton, TX 77515.
    Collin........................  City of Frisco (09-06- January 8, 2010;      The Honorable Maher Maso,  May 17, 2010...................       480134
                                     2567P).                January 15, 2010;     Mayor, City of Frisco,
                                                            Frisco Enterprise.    6101 Frisco Square
                                                                                Boulevard, Frisco, TX
                                                                                75034.
    Denton........................  City of Lewisville     December 30, 2009;    The Honorable Dean         May 6, 2010....................       480195
                                     (09-06-0314P).         January 6, 2010;      Ueckert, Mayor, City of
                                                            Lewisville Leader.    Lewisville, P.O. Box
                                                                                299002, Lewisville, TX
                                                                                75029.
    Lubbock.......................  City of Lubbock (08-   January 4, 2010;      The Honorable Tom Martin,  May 11, 2010...................       480452
                                     06-2706P).             January 11, 2010;     Mayor, City of Lubbock,
                                                            Lubbock Avalanche-    P.O. Box 2000, Lubbock,
                                                            Journal.              TX 79457.
    Travis........................  City of Austin (09-06- January 8, 2010;      The Honorable Lee          May 17, 2010...................       480624
                                     2275P).                January 15, 2010;     Leffingwell, Mayor, City
                                                            Austin American       of Austin, P.O. Box
                                                            Statesman.            1088, Austin, TX 78767.
Virginia: City of Newport News....  City of Newport News   December 24, 2009;    The Honorable Joe S.       April 30, 2010.................       510103
                                     (09-03-1019P).         December 31, 2009;    Frank, Mayor, City of
                                                            Daily Press.          Newport News, 2400
                                                                                Washington Avenue,
                                                                                Newport News, VA 23607.
Wyoming:
    Campbell......................  Unincorporated areas   January 4, 2010;      The Honorable Dan          May 11, 2010...................       560081
                                     of Campbell County     January 11, 2010;     Coolidge, Chairman,
                                     (09-08-0286P).         The News-Record.      Campbell County Board of
                                                                                Commissioners, 901
                                                                                Fairway Drive, Gillette,
                                                                                WY 82718.
    Campbell......................  City of Gillette (09-  January 4, 2010;      The Honorable Duane        May 11, 2010...................       560007
                                     08-0286P).             January 11, 2010;     Evenson, Mayor, City of
                                                            The News-Record.      Gillette, 1411 West 4th
                                                                                Street, Gillette, WY
                                                                                82716.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: April 30, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-12475 Filed 5-24-10; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
[Proposed Rules]
[Pages 53308-53309]
[FR Doc No: 2020-18823]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2020-0751; Airspace Docket No. 20-ANM-42]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Paris, ID

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to modify the Class E airspace extending
upward from 700 feet above the surface at Bear Lake County Airport,
Paris, ID, to accommodate new area navigation (RNAV) procedures at the
airport. This action would ensure the safety and management of
instrument flight rules (IFR) operations within the National Airspace
System.

DATES: Comments must be received on or before October 13, 2020.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1-800-647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2020-0751; Airspace Docket No. 20-ANM-42, at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order 7400.11D, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Richard Roberts, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S. 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    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
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 would amend Class E airspace at Bear Lake County Airport, Paris,
ID to support IFR operations at the airport.

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 and be submitted in
triplicate to the address listed above. Persons wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2020-0751;
Airspace Docket No. 20-ANM-42''. The postcard will be date/time stamped
and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. 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 https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 2200 S. 216th Street, Des Moines, WA
98198.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11D, Airspace
Designations and Reporting Points, dated August 8, 2019, and effective
September 15, 2019. FAA Order 7400.11D is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11D lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by modifying Class E airspace extending
upward from 700 feet above the surface at Bear Lake County Airport,
Paris, ID, The area east of the airport will be reduced from 15.3 miles
wide (from east to west) and 28.1 miles tall (from north to south) to
two miles each side of the 115[deg] bearing from the airport from the
6.6-mile radius to 11 miles southeast from the airport and the
trapezoidal area west of the airport extending approximately 10.5 miles
wide (from east to west) and 33.8 miles tall (from north to south) will
be reduced to 2 miles each side of the airport 315[deg] bearing
extending from the 6.6-mile radius to 17 miles northwest from the
airport, as the additional airspace is no longer required for
operations.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11D, dated August 8, 2019,

and effective September 15, 2019, which is incorporated by reference in
14 CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
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 rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``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

    Accordingly, pursuant to the authority delegated to me, 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

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019, and
effective September 15, 2019, is amended as follows:

ANM ID E5 Paris, ID

    Bear Lake County Airport, ID
    (Lat. 42[deg]14'59'' N, long. 111[deg]20'30'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of the Bear Lake County Airport and that
airspace 2 miles each side of the airport 315[deg] bearing extending
from the 6.6-mile radius to 17 miles northwest from the airport, and
that airspace 2 miles each side of the 115[deg] bearing from the
6.6-mile radius to 11 miles southeast from the airport.

    Issued in Seattle, Washington, on August 21, 2020.
Byron Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2020-18823 Filed 8-27-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Notices]
[Pages 79402-79410]
[FR Doc No: 2015-31973]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0339]

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 56 individuals
for exemption from the prohibition against persons with insulin-treated
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in
interstate commerce. If granted, the exemptions would enable these
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before January 20, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2015-0339 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds

``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The statute also allows the Agency to renew
exemptions at the end of the 2-year period. The 56 individuals listed
in this notice have recently requested such an exemption from the
diabetes prohibition in 49 CFR 391.41(b) (3), which applies to drivers
of CMVs in interstate commerce. Accordingly, the Agency will evaluate
the qualifications of each applicant to determine whether granting the
exemption will achieve the required level of safety mandated by
statute.

II. Qualifications of Applicants

James R. Bishop

    Mr. Bishop, 38, has had ITDM since 2011. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Bishop understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bishop meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from West
Virginia.

Randall S. Blight

    Mr. Blight, 53, has had ITDM since 2011. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Blight understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Blight meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a CDL from Michigan.

George S. Callahan

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

Jeffrey L. Carlson

    Mr. Carlson, 48, has had ITDM since 2012. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Carlson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Carlson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from Minnesota.

Myron D. Collins

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

Paul E. Costello

    Mr. Costello, 53, has had ITDM since 2014. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Costello understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Costello meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Nebraska.

Daniel J. Cramer

    Mr. Cramer, 60, has had ITDM since 2011. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Cramer understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Cramer meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Wisconsin.

Cyrus G. Davenport, Jr.

    Mr. Davenport, 52, has had ITDM since 2000. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Davenport understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Davenport meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist

examined him in 2015 and certified that he does not have diabetic
retinopathy. He holds a Class B CDL from Virginia.

Pete J. Dewitt

    Mr. Dewitt, 30, has had ITDM since 2011. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Dewitt understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Dewitt meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from California.

Frank A. Earullo

    Mr. Earullo, 22, has had ITDM since 1994. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Earullo understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Earullo meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Illinois.

Hugh R. Ferguson

    Mr. Ferguson, 67, has had ITDM since 1978. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Ferguson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Ferguson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from Massachusetts.

James A. Graczyk

    Mr. Graczyk, 55, has had ITDM since 2014. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Graczyk understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Graczyk meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class C CDL from New
York.

Isadios P. Harris

    Mr. Harris, 43, has had ITDM since 2009. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Harris understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Harris meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds an operator's license from New
Jersey.

David A. Heine

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

Nathaniel P. Hetherington

    Mr. Hetherington, 24, has had ITDM since 1992. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Hetherington understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Hetherington
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
His optometrist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds an operator's license from
Pennsylvania.

Surlloyd D. Hilson

    Mr. Hilson, 40, has had ITDM since 2012. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Hilson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hilson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from Florida.

Terrence T. Holocher

    Mr. Holocher, 55, has had ITDM since 2012. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or

more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Holocher understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Holocher meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Indiana.

Logan L. Jackson

    Mr. Jackson, 27, has had ITDM since 1999. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Jackson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Jackson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds an operator's license from
California.

Elie Jean

    Mr. Jean, 60, has had ITDM since 2013. His endocrinologist examined
him in 2015 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Jean understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Jean meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2015 and certified that he does not have diabetic retinopathy. He
holds a Class B CDL from New Jersey.

Dean L. Jerpseth

    Mr. Jerpseth, 43, has had ITDM since 1993. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Jerpseth understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Jerpseth meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Minnesota.

Paul T. Laak

    Mr. Laak, 43, has had ITDM since 1987. His endocrinologist examined
him in 2015 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Laak understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Laak meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2015 and certified that he has stable nonproliferative diabetic
retinopathy. He holds an operator's license from Washington.

Terrence P. Lescamela

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

Janet M. Lind

    Ms. Lind, 41, has had ITDM since 2002. Her endocrinologist examined
her in 2015 and certified that she has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. Her
endocrinologist certifies that Ms. Lind understands diabetes management
and monitoring has stable control of her diabetes using insulin, and is
able to drive a CMV safely. Ms. Lind meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). Her ophthalmologist examined
her in 2015 and certified that she has stable nonproliferative diabetic
retinopathy. She holds an operator's license from South Dakota.

Russell D. Logan

    Mr. Logan, 65, has had ITDM since 2015. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Logan understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Logan meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from North Carolina.

Tommaso Maccarrone

    Mr. Maccarrone, 57, has had ITDM since 2013. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Maccarrone understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely.
    Mr. Maccarrone meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and
certified that he does not have diabetic retinopathy. He holds a Class
B CDL from New Jersey.

Larry D. May

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

Raymond Mendez

    Mr. Mendez, 57, has had ITDM since 2013. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Mendez understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Mendez meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from New York.

Anthony J. Miller

    Mr. Miller, 26, has had ITDM since 2003. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Miller understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Miller meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Pennsylvania.

Marlin D. Milliken

    Mr. Milliken, 71, has had ITDM since 2015. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Milliken understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Milliken meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Pennsylvania.

Charles R. Mims

    Mr. Mims, 62, has had ITDM since 1958. His endocrinologist examined
him in 2015 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Mims understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Mims meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2015 and certified that he has stable nonproliferative and
proliferative diabetic retinopathy. He holds an operator's license from
Alabama.

Gustavo A. Mojica

    Mr. Mojica, 59, has had ITDM since 2013. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Mojica understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Mojica meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Florida.

Charles E. Otts, III

    Mr. Otts, 48, has had ITDM since 2013. His endocrinologist examined
him in 2015 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Otts understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Otts meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2015 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Nebraska.

Rajesh Patel

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

Timothy S. Pederson

    Mr. Pederson, 34, has had ITDM since 2015. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Pederson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV

safely. Mr. Pederson meets the requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist examined him in 2015 and
certified that he does not have diabetic retinopathy. He holds an
operator's license from South Dakota.

Carlos J. Perez-Beltran

    Mr. Perez-Beltran, 36, has had ITDM since 2004. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Perez-Beltran understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Perez-Beltran
meets the requirements of the vision standard at 49 CFR 391.41(b)(10).
His ophthalmologist examined him in 2015 and certified that he has
stable nonproliferative diabetic retinopathy. He holds an operator's
license from Pennsylvania.

Bruce J. Pfeffer

    Mr. Pfeffer, 62, has had ITDM since 2015. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Pfeffer understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Pfeffer meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Iowa.

Seth A. Piel

    Mr. Piel, 39, has had ITDM since 1984. His endocrinologist examined
him in 2015 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Piel understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Piel meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2015 and certified that he has stable nonproliferative diabetic
retinopathy. He holds a Class A CDL from Colorado.

Carlos M. Pinto

    Mr. Pinto, 48, has had ITDM since 2012. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Pinto understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Pinto meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
proliferative diabetic retinopathy. He holds a Class B CDL from New
York.

Peter C. Poungded

    Mr. Poungded, 39, has had ITDM since 2013. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Poungded understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Poungded meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from California.

Michael D. Prestby

    Mr. Prestby, 51, has had ITDM since 1992. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Prestby understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Prestby meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Iowa.

Gary L. Ray

    Mr. Ray, 50, has had ITDM since 2014. His endocrinologist examined
him in 2015 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Ray understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Ray meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2015 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Arkansas.

Thomas L. Rice

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

Wilson Rosado

    Mr. Rosado, 71, has had ITDM since 2013. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function

that occurred without warning in the past 12 months and no recurrent (2
or more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Rosado understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Rosado meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Indiana.

Jason G. Ross

    Mr. Ross, 21, has had ITDM since 2005. His endocrinologist examined
him in 2015 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Ross understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Ross meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2015 and certified that he does not have diabetic retinopathy. He
holds an operator's license from California.

Timothy P. Ross

    Mr. Ross, 47, has had ITDM since 1989. His endocrinologist examined
him in 2015 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Ross understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Ross meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2015 and certified that he has stable nonproliferative diabetic
retinopathy. He holds an operator's license from Florida.

Sandra J. Sexton

    Ms. Sexton, 55, has had ITDM since 2000. Her endocrinologist
examined her in 2015 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
Her endocrinologist certifies that Ms. Sexton understands diabetes
management and monitoring has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Sexton meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
ophthalmologist examined her in 2015 and certified that she has stable
proliferative diabetic retinopathy. She holds a Class B CDL from
Illinois.

Jacob A. Small

    Mr. Small, 58, has had ITDM since 2006. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Small understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Small meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from New Jersey.

Gregory T. Smith

    Mr. Smith, 52, has had ITDM since 2006. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Smith understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Smith meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Wyoming.

Randy Smith

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

Timmy J. Tarnowski

    Mr. Tarnowski, 50, has had ITDM since 2015. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Tarnowski understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Tarnowski meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Minnesota.

Dale L. Vaughan

    Mr. Vaughan, 57, has had ITDM since 1976. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Vaughan understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Vaughan meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Missouri.

Tyler J. Vogt

    Mr. Vogt, 48, has had ITDM since 2015. His endocrinologist examined
him in 2015 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Vogt understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Vogt meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2015 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Illinois.

Christoph Wagner

    Mr. Wagner, 42, has had ITDM since 2007. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. 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
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from New Jersey.

Russell J. Welke

    Mr. Welke, 54, has had ITDM since 2001. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Welke understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Welke meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Wisconsin.

Donald L. Westbrook

    Mr. Westbrook, 57, has had ITDM since 1998. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Westbrook understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Westbrook meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

David M. Wike

    Mr. Wike, 61, has had ITDM since 2013. His endocrinologist examined
him in 2015 and certified that he has had no severe hypoglycemic
reactions resulting in loss of consciousness, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning in the past 12 months and no recurrent (2 or
more) severe hypoglycemic episodes in the last 5 years. His
endocrinologist certifies that Mr. Wike understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Wike meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2015 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from North Carolina.

III. Request for Comments

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

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

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

IV. Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2015-0339 and click
the search button. When the new screen appears, click on the blue
``Comment Now!'' button on the right hand side of the page. On the new
page, enter information required including the

specific section of this document to which each comment applies, and
provide a reason for each suggestion or recommendation. If you submit
your comments by mail or hand delivery, submit them in an unbound
format, no larger than 8\1/2\ by 11 inches, suitable for copying and
electronic filing. If you submit comments by mail and would like to
know that they reached the facility, please enclose a stamped, self-
addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

V. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-2015-0339 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

    Issued on: December 9, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-31973 Filed 12-18-15; 8:45 am]
BILLING CODE 4910-EX-P


	                            UNITED STATES OF AMERICA

                    DEPARTMENT OF TRANSPORTATION

                            OFFICE OF THE SECRETARY

                                       WASHINGTON, DC

                           Served:  August 9, 2006

NOTICE SHORTENING ANSWER PERIOD

On July 28, 2006, Delta Air Lines, Inc. (Delta) and United Air Lines,
Inc. (United) filed a joint application for transfer from United to
Delta of the route segment on United’s certificate of public
convenience and necessity authorizing foreign air transportation of
persons, property and mail between New York, New York, and London,
United Kingdom.  According to the joint application, Delta seeks to
obtain all of the required governmental authorizations in order to
initiate New York-London service in the November 15-December 1, 2006
timeframe.

On July 28, the joint applicants also filed a joint motion in the
above-captioned Docket requesting an expedited procedural schedule and
expedited consideration and approval with respect to their application
for certificate transfer.  Under the Department’s regulations (14 CFR
302.204), answers to the joint certificate transfer application would
normally be due August 18, 2006, and replies would be due August 25,
2006.  The joint applicants request that the answer date be shortened to
August 7 with replies due August 14.  We received an answer to the joint
motion from Frontier Airlines, Inc. (Frontier), which did not object to
a shortened answer period for answers and replies.

In the circumstances presented, we have decided to grant the joint
applicants’ request for a shortened answer period.  However, in the
interest of providing interested parties adequate notice of our
decision, we are somewhat modifying the shortened answer and reply dates
from those requested by the joint applicants in their motion.
Therefore, acting under authority assigned in 14 CFR 385.13(p), answers
to the Delta/United joint application for certificate transfer of New
York-London route authority will now be due no later than Friday, August
11, 2006, with replies due no later than Friday, August 18, 2006.

We will serve this notice by electronic mail on all parties served with
the Delta/United joint application, and hereby authorize service of
documents by facsimile and by electronic mail.

By:

						PAUL L. GRETCH

						Director, Office of International Aviation

(SEAL)

Dated:  August 9, 2006

An electronic version of this notice is available on the World Wide Web
at

  HYPERLINK "http://dms.dot.gov//reports/reports_ aviation.asp"
http://dms.dot.gov//reports/reports_ aviation.asp

  In their motion, the joint applicants further urge the Department to
expedite consideration of their joint application, and to issue an Order
to Show Cause on or before September 15, 2006, and a Final Order on or
before October 2, 2006.  This Notice addresses only the date for answers
and replies to the joint application.  We will address the balance of
the procedural schedule subsequently.

  In its answer, Frontier stated that the Department should not
accelerate issuance of a final order on the joint application before it
issues orders for other applications submitted earlier than the
Delta/United request.  Because this Notice shortens only the date for
answers and replies to the joint application, we do not reach
Frontier’s concerns here.

 PAGE

 PAGE   2

Joint Application of Delta Air Lines, Inc. and United Air Lines, Inc.
for Certificate Transfer (New York-London Authority)

Docket OST-2006-25517


[Federal Register: August 13, 2008 (Volume 73, Number 157)]
[Notices]
[Page 47141]
[DOCID:fr13au08-50]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-367-002; CP08-19-001]

Columbia Gas Transmission Corporation; Notice of Application

August 6, 2008.
    Take notice that on July 25, 2008, Columbia Gas Transmission
Corporation (Columbia), 1700 MacCorkle Avenue, SE., Charleston, West
Virginia 25314, filed, under section 7 of the Natural Gas Act, an
application to amend its certificate authorized in Docket Nos. CP07-
367-000, CP07-367-001, and CP08-19-000. These filings are available for
review at the Commission in the Public Reference Room or may be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket numbers excluding the last three
digits in the docket number field to access the document. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.
    Any questions regarding this Application should be directed to
Fredric J. George, Lead Counsel, Columbia Gas Transmission Corporation,
P.O. Box 1273, Charleston, West Virginia 25325-1273 at<PHONE_NUMBER>
or by fax at<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding, or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the below listed comment date, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    Motions to intervene, protests and comments may be filed
electronically via the internet in lieu of paper; see, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: August 27, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-18669 Filed 8-12-08; 8:45 am]

BILLING CODE 6717-01-P