[Federal Register Volume 78, Number 17 (Friday, January 25, 2013)]
[Notices]
[Pages 5560-5561]
[FR Doc No: 2013-01578]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0110; Notice 1]

Ford Motor Company, Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of Petition.

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SUMMARY: Ford Motor Company \1\ (Ford) has determined that certain
model year 2009-2012 Ford F-650 and F-750 trucks manufactured between
June 26, 2008 and May 8, 2012, do not fully comply with paragraph
S5.3.2(a) of Federal Motor Vehicle Safety Standard (FMVSS) No. 105,
Hydraulic and Electric Brake Systems. Ford has filed an appropriate
report pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports (dated July 2, 2012).
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    \1\ Ford Motor Company is a manufacturer of motor vehicles and
is registered under the laws of the State of Delaware.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), Ford has petitioned for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential to motor vehicle
safety.
    This notice of receipt of Ford's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    Vehicles Involved: Affected are approximately 19,756 model year
2009-2012 Ford F-650 and F-750 trucks that were manufactured between
June 26, 2008 and May 8, 2012.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, these provisions
only apply to the 19,756 \2\ model year 2009-2012 Ford F-650 and F-750
passenger vehicles that Ford no longer controlled at the time it
determined that the noncompliance existed.
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    \2\ Ford's petition, which was filed under 49 CFR Part 556,
requests an agency decision to exempt Ford as a vehicle manufacturer
from the notification and recall responsibilities of 49 CFR Part 573
for 19,756 of the affected vehicles. However, a decision on this
petition cannot relieve vehicle distributors and dealers of the
prohibitions on the sale, offer for sale, introduction or delivery
for introduction into interstate commerce of the noncompliant
vehicles under their control after Ford notified them that the
subject noncompliance existed.
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    Noncompliance: Ford explains that the noncompliance is that the
subject vehicles do not illuminate the parking brake telltale lamp when
the ignition switch is in the ``on'' or ``start'' positions as required
by FMVSS No. 105.

Rule Text

    Paragraph S5.3.2(a) of FMVSS No. 105 requires:

    S5.3.2(a) Except as provided in paragraph (b) of this section,
all indicator lamps shall be activated as a check of lamp function
either when the ignition (start) switch is turned to the ``on''
(run) position when the engine is not running, or when the ignition
(start) switch is in a position between ``on'' (run) and ``start''
that is designated by the manufacturer as a check position.

Summary of Ford's Analysis and Arguments

    Ford stated its belief that although the affected vehicles do not
illuminate the parking brake telltale lamp when the ignition start
switch is in the ``on'' or ``start'' positions that the condition is
inconsequential to motor vehicle safety for the following reasons:
    (1) The parking brake telltale lamp functions as intended. Only the
telltale bulb check at start-up is not illuminated.
    (2) Unlike most other telltales, the park brake telltale will
simultaneously illuminate when the customer applies the handbrake--
essentially functioning as a bulb check. And, if the lamp does not
illuminate when the handbrake is applied, the customer is able to
identify the condition.
    (3) If customers inadvertently operate the vehicle with the parking
brake applied, the service brakes will not be affected because the
design of the subject vehicles utilizes a separate, dedicated parking
brake mounted on the driveshaft. Additionally, inadvertent application
of the parking brake will result in poor vehicle acceleration and
``drag'' providing further indications that the parking brake is
engaged.
    (4) Instrument panel telltale bulbs are highly reliable.
Engineering has reported no parking telltale bulb warranty claims for
the subject vehicles.
    (5) The physical position of the parking brake handle provides a
readily apparent indication when the parking brake is applied. Partial
park brake applications are not a concern because

the handle mechanism utilizes an over-cam locking design, which assures
the parking brake is either fully applied or fully released. This
design precludes a parking brake from being partially applied.
    (6) The subject vehicles incorporate a warning chime which
activates (in addition to the parking brake telltale) when the parking
brake is applied and the vehicle is driven over 4 miles-per-hour.
    (7) Ford is unaware of any field or owner complaints or injuries
regarding the subject noncompliance.
    In summation, Ford believes that the described noncompliance of its
vehicles is inconsequential to motor vehicle safety, and that its
petition, to exempt it from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120 should be granted.
    Comments: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited at the beginning of this notice and be
submitted by any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: By logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.

DATES: Comment closing date: February 25, 2013.

    Authority: 49 U.S.C. 30118, 30120: Delegations of authority at
CFR 1.95 and 501.8.

Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-01578 Filed 1-24-13; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 76, Number 226 (Wednesday, November 23, 2011)]
[Notices]
[Pages 72462-72463]
[FR Doc No: 2011-30226]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29864; 812-13936]

Bandon Capital Management, LLC and Northern Lights Fund Trust;
Notice of Application

November 17, 2011.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act and rule 18f-2 under the Act.

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Summary of Application: Applicants request an order that would permit
them to enter into and materially amend subadvisory agreements without
shareholder approval.

Applicants: Bandon Capital Management, LLC (``Bandon Capital'' or the
``Adviser'') and Northern Lights Fund Trust (the ``Trust'').

DATES: Filing Dates: The application was filed on August 4, 2011, and
amended on November 15, 2011.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on December 12, 2011, and should be accompanied by proof of
service on the applicants, in the form of an affidavit or, for lawyers,
a certificate of service. Hearing requests should state the nature of
the writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. Applicants: Bandon Capital, 317
SW. Alder Street, Suite 1110, Portland, OR 97204; Trust: 4020 South
147th Street, Omaha, NE 68137.

FOR FURTHER INFORMATION CONTACT: Steven I. Amchan, Senior Counsel, at
(202) 551-6826, or Jennifer L. Sawin, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Applicants' Representations

    1. The Trust, a Delaware statutory trust, is registered under the
Act as an open-end management investment company and as of November 9,
2011 was comprised of 123 individual registered series, including the
Bandon Isolated Alpha Fixed Income Fund (the ``Bandon Fund''), and 10
additional series that are in registration. The Bandon Fund currently
employs two unaffiliated investment subadvisers (each, a
``Subadviser'').\1\ Bandon Capital, an Oregon limited liability
company, is, and each other Adviser will be, registered as an
investment adviser under the Investment Advisers Act of 1940
(``Advisers Act''). Bandon Capital serves as the investment adviser of
the Bandon Fund, and an Adviser will serve as investment adviser to
each future Fund, pursuant to an investment advisory agreement
(``Advisory Agreement''). The Bandon Fund's Advisory Agreement was
approved by the Trust's board of trustees (together with the board of
directors or trustees of any other Fund, the ``Board''), including a
majority of the trustees who are not ``interested persons,'' as defined
in section 2(a)(19) of the Act, of the Trust or the Adviser
(``Independent Trustees'') and by the initial shareholder of the Bandon
Fund.
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    \1\ Applicants also request relief with respect to any existing
or future series of the Trust and any other existing or future
registered open-end management investment company or series thereof
that: (a) Is advised by the Adviser or any entity controlling,
controlled by, or under common control with the Adviser or its
successors (included within the term ``Adviser''); (b) uses the
manager of managers structure (``Manager of Managers Structure'')
described in the application; and (c) complies with the terms and
conditions of the application (together with the Bandon Fund, the
``Funds'' and each, individually, a ``Fund''). For the purposes of
the requested order, ``successor'' is limited to those one or more
entities that would result from a reorganization into another
jurisdiction or a change in the type of business organization. All
existing entities that currently intend to rely on the requested
order are named as applicants, and the Bandon Fund is the only
series that currently intends to rely on the requested order. If the
name of any Fund contains the name of a Subadviser, the name of the
Adviser will precede the name of the Subadviser.
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    2. Under the terms of the Bandon Fund's Advisory Agreement, the
Adviser is responsible for the overall management of the Bandon Fund's
business affairs and selecting investments according to the Bandon
Fund's investment objectives, policies and restrictions. For the
investment management services that it provides to the Bandon Fund, the
Adviser receives the fee specified in the Advisory Agreement. The
Advisory Agreement also permits the Adviser to retain one or more
subadvisers for the purpose of managing the investments of all or a
portion of the assets of the Bandon Fund. Pursuant to this authority,
the Adviser has entered into investment subadvisory agreements with two
Subadvisers to provide investment advisory services to the Bandon Fund
(such agreements with Subadvisers, ``Subadvisory Agreements''). Each of
these two Subadvisers is, and each future Subadviser will be,
registered as an investment adviser under the Advisers Act. The Adviser
will supervise, evaluate and allocate assets to the Subadvisers, and
make recommendations to the Board about their hiring, retention or
release, at all times subject to the authority of the Board. The
Adviser will compensate each Subadviser out of the fees paid to the
Adviser under the Advisory Agreement.
    3. Applicants request an order to permit the Adviser, subject to
Board approval, to enter into and materially amend Subadvisory
Agreements without obtaining shareholder approval. The requested relief
will not extend to any subadviser that is an affiliated person, as
defined in section 2(a)(3) of the Act, of the Trust, a Fund or the
Adviser, other than by reason of serving as a subadviser to one or more
of the Funds (``Affiliated Subadviser'').

Applicants' Legal Analysis

    1. Section 15(a) of the Act provides, in relevant part, that it is
unlawful for any person to act as an investment adviser to a registered
investment company except pursuant to a written contract that has been
approved by the vote of a majority of the company's outstanding voting
securities. Rule 18f-2 under the Act provides that each series or class
of securities in a series investment company affected by a matter must
approve that matter if the Act requires shareholder approval.
    2. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
from any rule thereunder, if such exemption is necessary or appropriate
in the public interest and consistent with the protection of investors
and the purposes fairly intended by the policy and provisions of the
Act. Applicants state that the requested relief meets this standard.

    3. Applicants assert that the shareholders expect the Adviser and
the Board to select the Subadvisers for the Funds that are best suited
to achieve each Fund's investment objective. Applicants assert that,
from the perspective of the investor, the role of the Subadvisers is
substantially equivalent to that of the individual portfolio managers
employed by the Adviser. Applicants state that requiring shareholder
approval of each Subadvisory Agreement would impose costs and
unnecessary delays on the Funds, and may preclude the Adviser from
acting promptly in a manner considered advisable by the Board.
Applicants note that the Advisory Agreements and any Subadvisory
Agreement with an Affiliated Subadviser will remain subject to section
15(a) of the Act and rule 18f-2 under the Act.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Before a Fund may rely on the requested order, the operation of
the Fund in the manner described in the application will be approved by
a majority of the Fund's outstanding voting securities, as defined in
the Act, or in the case of a Fund whose public shareholders purchase
shares on the basis of a prospectus containing the disclosure
contemplated by condition 2 below, by the initial shareholder(s) before
offering shares of that Fund to the public.
    2. Each Fund relying on the requested order will disclose in its
prospectus the existence, substance, and effect of any order granted
pursuant to this application. Each Fund will hold itself out to the
public as utilizing the Manager of Managers Structure. The prospectus
will prominently disclose that the Adviser has ultimate responsibility
(subject to oversight by the Board) to oversee the Subadvisers and
recommend their hiring, termination, and replacement.
    3. Within 90 days of the hiring of a new Subadviser, shareholders
of the affected Fund will be furnished all information about the new
Subadviser that would be included in a proxy statement. To meet this
obligation, each Fund will provide shareholders within 90 days of the
hiring of a new Subadviser an information statement meeting the
requirements of Regulation 14C, Schedule 14C and Item 22 of Schedule
14A under the Securities Exchange Act of 1934.
    4. The Adviser will not enter into a subadvisory agreement with any
Affiliated Subadviser without such agreement, including the
compensation to be paid thereunder, being approved by the shareholders
of the applicable Fund.
    5. At all times, at least a majority of the Board will be
Independent Trustees, and the nomination of new or additional
Independent Trustees will be placed within the discretion of the then-
existing Independent Trustees.
    6. Whenever a subadviser change is proposed for a Fund with an
Affiliated Subadviser, the Board, including a majority of the
Independent Trustees, will make a separate finding, reflected in the
applicable Board minutes, that such change is in the best interests of
the Fund and its shareholders, and does not involve a conflict of
interest from which the Adviser or the Affiliated Subadviser derives an
inappropriate advantage.
    7. The Adviser will provide general management services to each
Fund, including overall supervisory responsibility for the general
management and investment of each Fund's assets and, subject to review
and approval of the Board, will: (a) Set each Fund's overall investment
strategies; (b) evaluate, select and recommend Subadvisers to manage
all or a part of each Fund's assets; (c) allocate and, when
appropriate, reallocate each Fund's assets among one or more
Subadvisers; (d) monitor and evaluate the performance of Subadvisers;
and (e) implement procedures reasonably designed to ensure that the
Subadvisers comply with each Fund's investment objective, policies and
restrictions.
    8. No trustee or officer of the Trust or a Fund, or director,
manager, or officer of the Adviser, will own directly or indirectly
(other than through a pooled investment vehicle that is not controlled
by such person), any interest in a Subadviser, except for (a) Ownership
of interests in the Adviser or any entity that controls, is controlled
by, or is under common control with the Adviser or (b) ownership of
less than 1% of the outstanding securities of any class of equity or
debt of any publicly traded company that is either a Subadviser or an
entity that controls, is controlled by, or is under common control with
a Subadviser.
    9. In the event the Commission adopts a rule under the Act
providing substantially similar relief to that in the order requested
in the application, the requested order will expire on the effective
date of that rule.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-30226 Filed 11-22-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 101 (Wednesday, May 25, 2022)]
[Rules and Regulations]
[Pages 31730-31732]
[FR Doc No: 2022-11170]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2022-0339]
RIN 1625-AA08

Special Local Regulation; Escape From Alcatraz Triathlon, San
Francisco Bay, San Francisco, CA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary local regulation
for the navigable waters on the San Francisco Bay. The special local
regulation is needed to protect personnel, vessels, and the marine
environment from potential hazards created by the Escape from Alcatraz
Triathlon marine event. This special local regulation will temporarily
prohibit persons and vessels from entering, transiting through,
anchoring in, or remaining within the regulated area unless authorized
by the Captain of the Port San Francisco or a designated
representative. This regulation is necessary to provide safety of life
on the navigable waters during the event, which will be held on June 5,
2022.

DATES: This rule is effective on June 5, 2022, from 6:30 a.m. until 10
a.m.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0339 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Shannon Curtaz-Milian, U.S. Coast Guard District 11,
Sector San Francisco, at<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because we must establish this regulation by
June 5, 2022, and lack sufficient time to provide a reasonable comment
period and then consider those comments before issuing this rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to public interest because immediate action
is needed to ensure the safety of the participants and vessels during
the Escape from Alcatraz Triathlon on June 5, 2022.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector San
Francisco

(COTP) has determined that potential hazards associated with the Escape
from Alcatraz Triathlon marine event on June 5, 2022, will be a safety
concern from Alcatraz Island to St. Francis Yacht Club for three and a
half hours. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the special local
regulation while the event is taking place.

IV. Discussion of the Rule

    This rule establishes a special local regulation from 6:30 a.m.
until 10 a.m. on June 5, 2022. The special local regulation will cover
all navigable waters in the vicninity of the marine event, Escape from
Alcatraz Triathon, taking place near Alcatraz Island to St. Francis
Yacht Club. The duration of the special local regulation is intended to
protect personnel, vessels, and the marine environment in these
navigable waters while the event is taking place. No vessel or person
will be permitted to enter the regulated area without obtaining
permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, duration, and the time-of-day of the special local
regulation. This special local regulation would impact a small
designated area of the San Francisco Bay for a short duration and
vessel traffic will be able to transit after the time of the event.
Moreover the Coast Guard will issue a Broadcast the Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    When the special local regulation is in effect, vessel traffic can
pass safely around the regulated area. The maritime public will be
advised in advance of this special local regulation via Broadcast
Notice to Mariners.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
special local regulation lasting only 3 and a half hours that will
prohibit entry within a marine event in the area of Alcatraz Island to
Saint Francis Yacht Club. It is categorically excluded from further
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. For instructions on locating the docket,
see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T11-095 to read as follows:

Sec.  100.T11-095   Special Local Regulation; Escape from Alcatraz
Triathlon, San Francisco Bay, San Francisco, CA.

    (a) Regulated area. The regulations in this section apply to the
following area: All waters of the San Francisco Bay From Alcatraz
Island to Saint Francis Yacht Club.
    (b) Definitions. As used in this section--
    Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port San Francisco (COTP)
in the enforcement of the regulations in this section.
    Participant means all persons and vessels registered with the event
sponsor as a participants in the marine event.
    (c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port Sector San Francisco or their
designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by phone at 1-415-399-3547. Those in the regulated area
must comply with all lawful orders or directions given to them by the
COTP or the COTP's designated representative.
    (3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners.
    (d) Enforcement period. This section will be enforced on June 5,
2022, from 6:30 a.m. to 10 a.m.

    Dated: May 18, 2022.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2022-11170 Filed 5-24-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Notices]
[Pages 74190-74196]
[FR Doc No: 2015-30151]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0337]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

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

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

SUMMARY: FMCSA announces receipt of applications from 44 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 December 28, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2015-0337 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 44 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

Michael E. Adrieansen

    Mr. Adrieansen, 34, 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. Adrieansen understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Adrieansen 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 Illinois.

David A. August

    Mr. August, 58, 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. August understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. August 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 Colorado.

Samuel M. Balis

    Mr. Balis, 73, 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. Balis understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Balis 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.

Dwight J. Banks

    Mr. Banks, 66, 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. Banks understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Banks 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 Illinois.

David R. Bauman, III

    Mr. Bauman, 43, has had ITDM since 2010. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Bauman understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Bauman meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds a chauffeur's license from Michigan.

George E. Britt

    Mr. Britt, 43, 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. Britt understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Britt 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 Pennsylvania.

Cris A. Brown

    Mr. Brown, 54, 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. Brown understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Brown 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 Michigan.

Dustin D. Brown

    Mr. Brown, 34, has had ITDM since 1983. 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. Brown understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Brown 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 Wisconsin.

Thomas W. Camp

    Mr. Camp, 58, 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. Camp understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Camp 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 Virginia.

Nathan G. Carnes

    Mr. Carnes, 37, 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. Carnes understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Carnes 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 Oregon.

Vincenzo A. Cortese

    Mr. Cortese, 57, 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. Cortese understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Cortese 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
Connecticut.

Vernon L. Davidson

    Mr. Davidson, 66, 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. Davidson
understands diabetes management and monitoring, has stable control of
his diabetes using insulin, and is able to drive a CMV safely. Mr.
Davidson 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.

Damiano DiFlorio

    Mr. DiFlorio, 66, has had ITDM since 2002. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. DiFlorio understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. DiFlorio 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 New
Jersey.

Matthew D. Fox

    Mr. Fox, 29, 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. Fox understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Fox 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.

Sammy N. Fox

    Mr. Fox, 69, 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. Fox understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Fox meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2015 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Pennsylvania.

Chadwick E. Gainey

    Mr. Gainey, 49, has had ITDM since 2010. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Gainey understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Gainey 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.

Jamal A. George

    Mr. George, 36, 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. George understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. George 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 Ohio.

John M. Halm

    Mr. Halm, 55, 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. Halm understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Halm meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2015 and certified that he does not have diabetic retinopathy. He
holds an operator's license from Washington.

William R. Hardy

    Mr. Hardy, 59, 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. Hardy understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hardy 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 chauffeur's license from
Michigan.

Craig A. Hendrickson

    Mr. Hendrickson, 46, 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. Hendrickson understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Hendrickson 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 Illinois.

William D. Hoopes

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

Jeffrey L. Jones

    Mr. Jones, 44, has had ITDM since 2010. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Jones understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Jones 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 Arkansas.

Brent S. LaBree, II

    Mr. LaBree, 40, 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. LaBree understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. LaBree meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class B CDL from
Vermont.

Michael C. Landers

    Mr. Landers, 54, 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. Landers understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Landers 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 Massachusetts.

Duane F. Light

    Mr. Light, 63, 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. Light understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Light 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 Connecticut.

Darold W. Mahlstedt

    Mr. Mahlstedt, 68, has had ITDM since 2010. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Mahlstedt understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Mahlstedt 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
Iowa.

Robert L. McConnell

    Mr. McConnell, 59, 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. McConnell understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. McConnell 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 Pennsylvania.

Mark R.S. McMillan

    Mr. McMillan, 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. McMillan understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. McMillan 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 York.

Keith R. Miller

    Mr. Miller, 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. 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

ophthalmologist examined him in 2015 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from West
Virginia.

Randall T. Mitchell

    Mr. Mitchell, 50, 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. Mitchell understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Mitchell 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 Alabama.

Ernest Nez, Sr.

    Mr. Nez, 56, 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. Nez understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Nez 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 Arizona.

Shawn P. O'Malley

    Mr. O'Malley, 45, 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. O'Malley understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. O'Malley 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 Washington.

Felipe N. Perez

    Mr. Perez, 26, 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. Perez understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Perez meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Florida.

Kenneth W. Phillips

    Mr. Phillips, 66, has had ITDM since 2010. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Phillips understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Phillips 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.

Tony L. Prouty

    Mr. Prouty, 32, has had ITDM since 1986. 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. Prouty understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Prouty 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
Iowa.

Jim T. Repass

    Mr. Repass, 56, has had ITDM since 1985. 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. Repass understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Repass 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 Indiana.

Jakob K. Siler

    Mr. Siler, 28, has had ITDM since 1995. His endocrinologist
examined him in 2015 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Siler understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Siler 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 Oklahoma.

Darren G. Steil

    Mr. Steil, 46, has had ITDM since 1986. 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. Steil understands diabetes
management and monitoring,

has stable control of his diabetes using insulin, and is able to drive
a CMV safely. Mr. Steil 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 Iowa.

Steven P. Stokke

    Mr. Stokke, 53, 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. Stokke understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Stokke 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
Wisconsin.

Richard E. Wagner

    Mr. Wagner, 74, 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. 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 A CDL from Minnesota.

Harold W. Welch

    Mr. Welch, 76, 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. Welch understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Welch 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
Nebraska.

John F. Wesoloski, Jr.

    Mr. Wesoloski, 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. Wesoloski understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Wesoloski 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 C CDL from North Dakota.

Levon Wright, Sr.

    Mr. Wright, 65, 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. Wright understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Wright meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2015 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Florida.

Tadeusz S. Wrzesinski

    Mr. Wrzesinski, 60, 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. Wrzesinski understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Wrzesinski 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
Pennsylvania.

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-2015-0337 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-2015-0337 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

    Issued on: November 16, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-30151 Filed 11-25-15; 8:45 am]
 BILLING CODE 4910-EX-P