[Federal Register Volume 76, Number 97 (Thursday, May 19, 2011)]
[Rules and Regulations]
[Pages 28888-28890]
[FR Doc No: 2011-12280]

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 202

[Release Nos. 33-9208; 34-64495; IC-29670]

Amendment to Procedures for Holding Funds in Dormant Filing Fee
Accounts

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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SUMMARY: The Securities and Exchange Commission is amending its
procedures for holding funds in any filing fee account in which there
has not been a deposit, withdrawal or other adjustment. The amendment
extends the holding period from 180 days to three years, after which
the Commission will initiate the return of funds to the account holder
without any action by the account holder. As always, account holders
may request a refund of such fees at any time.

DATES: Effective Date: May 19, 2011.

FOR FURTHER INFORMATION CONTACT: Kenneth Johnson,<PHONE_NUMBER>, Chief
Financial Officer, Office of Financial Management; Stephen Jung, (202)
551-5162, Assistant General Counsel, Office of the General Counsel;
Michael Bloise,

(202) 551-5116, Senior Counsel, Office of the General Counsel,
Securities and Exchange Commission, 100 F Street, NE., Washington, DC
20549.

SUPPLEMENTARY INFORMATION: The Commission is amending rule 3a (17 CFR
202.3a) of its Informal and Other Procedures under the Securities Act
of 1933 (``Securities Act'').\1\
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    \1\ 15 U.S.C. 77a.
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I. Discussion

    The federal securities laws impose a number of fees on filings.\2\
Pursuant to rule 3a of the Commission's Informal and Other Procedures
(17 CFR 202.3a), filing fees paid under the Securities Act, Exchange
Act, and Investment Company Act currently are transmitted to a Treasury
designated lockbox depository, where they are held in filing fee
accounts maintained by the Commission for each filer who submits a
filing requiring a fee on the Commission's EDGAR system or who submits
funds to the Treasury designated lockbox depository in anticipation of
paying a filing fee.\3\ The Commission staff prepares account
statements and sends these to account holders whenever a deposit,
withdrawal, or other change occurs. The account holder, in turn, must
maintain a current account address with the Commission to ensure timely
access to such statements.\4\ Pursuant to current 17 CFR 202.3a(e), the
staff will initiate the return to the account holder of any funds held
in any filing fee account in which there has not been a deposit,
withdrawal or other adjustment for more than 180 calendar days, and
account statements will not be sent again until a deposit, withdrawal
or other adjustment is made with respect to the account.
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    \2\ See, e.g., section 6(b) of the Securities Act, sections
13(e), 14(g), and 31 of the Securities Exchange Act of 1934
(``Exchange Act''), and section 24(f) of the Investment Company Act
of 1940 (``Investment Company Act'').
    \3\ 17 CFR 202.3a(d).
    \4\ Id.
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    The 180-day limitation on the time in which the Commission may hold
such funds could lead to considerable inefficiency and administrative
burden for both account holders and Commission staff. Increasing the
length of time in which the funds may remain inactive in an account
will allow greater flexibility to filers who still intend to pay fees
and do not want to receive a mandatory disbursement only to return it
to the Commission at the time a fee is due. This concern is
particularly acute for those filers whose payment obligations involve
fees that are due on a periodic basis in excess of 180 days, such as
investment companies who submit approximately 5,800 Form 24F-2 filings
annually.\5\ And, while the amendment will create more flexibility for
filers who wish to leave funds in their accounts, the right of an
account holder to receive a disbursement of excess funds from its
account any time upon request to the Commission will continue
unchanged.
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    \5\ Form 24F-2 is the annual notice of securities sold by
certain investment companies pursuant to rule 24f-2 under the
Investment Company Act of 1940 that accompanies the payment of
registration fees under the Securities Act of 1933.
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    The amendment also will harmonize the Commission's account-clearing
procedure with Securities Act Rule 415(a)(5), which allows issuers
eligible to conduct primary shelf offerings to sell securities relying
on an effective registration statement for up to three years before
they are required to file a new one.\6\ This is particularly important
in connection with automatic shelf registration statements, which allow
issuers to register an indeterminate amount of securities when they
initially file and defer payment of required fees until they later
determine the amount of securities they wish to sell. As a result of
this ``pay-as-you-go'' feature, issuers with automatic shelf
registration statements may be required to pay additional fees
throughout the life of the registration statement. Adoption of a three-
year inactivity period before account balances are returned will ensure
that funds paid at the time a shelf registration statement is initially
filed will remain available to issuers in their lockbox accounts for
the life of the registration statement. This could also benefit issuers
by allowing them to review the unused balances available in their
lockbox accounts no more frequently than they are required to prepare
and file new shelf registration statements. Issuers that review their
capital-raising plans in connection with each required renewal of a
shelf registration statement would be able to adjust the amounts on
deposit in their lockbox accounts to match their future offering plans.
Any resulting additional deposits or withdrawal requests would result
in account activity, which would obviate the need for a refund until
the expiration of an additional three-year time period. As a
consequence, a three-year time period could help reduce the number of
refund payments made to issuers who would prefer to have funds remain
in their lockboxes to cover anticipated future filing needs. And, as
noted above, the right of an issuer to receive a disbursement of excess
funds from its account at any time upon request to the Commission will
continue unchanged.
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    \6\ 17 CFR 230.415.
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II. Administrative Procedure Act and Other Administrative Laws

    The Commission has determined that this amendment to its rules
relates solely to the agency's organization, procedure, or practice.
Therefore, the provisions of the Administrative Procedure Act (``APA'')
regarding notice of proposed rulemaking and opportunity for public
participation are not applicable.\7\ For the same reasons, and because
this amendment does not substantially affect the rights or obligations
of non-agency parties, the provisions of the Small Business Regulatory
Enforcement Fairness Act are not applicable.\8\ In addition, the
provisions of the Regulatory Flexibility Act, which apply only when
notice and comment are required by the APA or other law, are not
applicable.\9\ Finally, this amendment does not contain any collection
of information requirements as defined by the Paperwork Reduction Act
of 1995, as amended.\10\
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    \7\ 5 U.S.C. 553(b).
    \8\ 5 U.S.C. 804.
    \9\ 5 U.S.C. 601-12.
    \10\ 44 U.S.C. 3501-20.
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III. Cost-Benefit Analysis

    The Commission is sensitive to the costs and benefits imposed by
its rules. The rule amendment the Commission is adopting today amends
the Commission's rules to extend the period in which the Commission
shall hold funds in a dormant account prior to issuing an automatic
refund, so as to increase the efficiency of the procedure and harmonize
the Commission's account clearing procedures with Securities Act Rule
415(a)(5). The right of an account holder to receive a full refund of
fees held by the Commission in a dormant account, at any time upon
request, remains unchanged. The Commission does not believe that the
rule amendment will impose any costs on non-agency parties, or that if
there are any such costs, they are negligible.

IV. Consideration of Burden on Competition

    Section 23(a)(2) of the Exchange Act requires the Commission, in
making rules pursuant to any provision of the Exchange Act, to consider
among other matters the impact any such rule would have on competition.
The Commission does not believe that the amendment that the Commission
is adopting today will have any impact on competition.

V. Statutory Basis and Text of Final Rule Amendments

    The Commission is adopting amendments pursuant to sections 6(b) and
19 of the Securities Act, sections 13(e), 14(g), 23, and 31 of the
Exchange Act, and sections 24(f) and 38 of the Investment Company Act.

List of Subjects in 17 CFR Part 202

    Administrative practice and procedure, Securities.

    In accordance with the foregoing, 17 CFR, Chapter II of the Code of
Federal Regulations is amended as follows:

PART 202--INFORMAL AND OTHER PROCEDURES

0
1. The authority citation for Part 202 continues to read in part as
follows:

    Authority:  15 U.S.C. 77s, 77t, 78d-1, 78u, 78w, 78ll(d), 79r,
79t, 77sss, 77uuu, 80a-37, 80a-41, 80b-9, 80b-11, and 7201 et seq.,
unless otherwise noted.
* * * * *

0
2. Section 202.3a, paragraph (e) is amended by removing the phrase
``180 calendar days'', and adding in its place the phrase ``three
years''.

    By the Commission.

    Dated: May 13, 2011.
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-12280 Filed 5-18-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Notices]
[Pages 29844-29846]
[FR Doc No: 2018-13620]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83486; File No. SR-CBOE-2018-043]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Its Rule Governing Crowd Space Disputes

June 20, 2018.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934,\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that on
June 7, 2018, Cboe Exchange, Inc. (``Exchange'' or ``Cboe Options'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 24.21 relating to Crowd Space
Disputes. The text of the proposed rule change is also available on the
Exchange's website (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the
Secretary, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The purpose of this rule change is to amend Rule 24.21 (Index Crowd
Space Dispute Resolution Procedures). By way of background, Rule 24.21
provides for guidelines and procedures to resolve disputes concerning
the right of Trading Permit Holders (``TPHs'') to occupy a certain
space in certain index option trading pits.
    Particularly, the Exchange proposes to amend subparagraphs (b) and
(g) of Rule 24.21, which provisions relate to the Space Mediator and
the Crowd Space Dispute Resolution (``CSDR'') panel, respectively.
Currently, the rule provides that the Space Mediator \3\ will select a
CSDR Panel (``Panel'')

composed of seven TPHs to hear and resolve a space dispute. The rule
provides that the Space Mediator selects six members of the Panel from
members of the Exchange (other than the Space Mediator himself) and of
those six members, three members shall be TPHs who trade in the trading
station where the dispute has arisen and three shall be TPHs who do not
trade in the trading station where the dispute has arisen. The seventh
Panel member shall be a Floor Official designated by the Exchange.
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    \3\ As defined in Cboe Options Rule 24.21(b).
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    The Exchange is seeking to reduce the number of TPHs that must be
appointed to a Panel. Specifically, the Exchange proposes that Panels
be comprised of 5 TPHs, two of whom trade in a trading station where
the dispute has arisen and two of whom trade outside of the trading
station where the dispute has arisen. The fifth Panel member would be a
TPH Floor Official that may trade in or out of the trading station
where the dispute has arisen. The Exchange desires this reduction in
Panel size because it has become increasingly burdensome for the
Exchange to designate a sufficient number of TPHs to sit on any given
Panel, as fewer TPHs are willing to perform these functions and often
times there are conflicts limiting the pools of available TPHs. The
Exchange notes that the proposed change to state that the fifth panel
member must be a ``TPH'' Floor Official is not a substantive change,
but rather reflects the Exchange's current practice with respect to
staffing Panels (i.e., the Space Mediator does not appoint Floor
Officials that are Exchange employees).
    The Exchange also proposes to eliminate the language providing that
the Space Mediator selects members of the Panel ``other than the Space
Mediator himself''. Particularly, the Exchange notes that Space
Mediator currently is, and has been for some time, an Exchange
employee. Additionally, the Exchange does not intend in the future to
appoint a Space Mediator that is a TPH. Since all Panels are to be
comprised of TPHs (and thereby could not include the Space Mediator),
the Exchange believes the above-mentioned language is unnecessary and
therefore proposes to eliminate it. Similarly, the Exchange proposes to
make clear in subparagraph (b) of Rule 24.21 that the Space Mediator
shall be an Exchange employee, to provide clarity in the rules and
reflect current practice. Lastly, the Exchange proposes to move the
sentence ``The selection of all Panel members will be according to the
sole discretion of the Space Mediator'' within subparagraph (g) to make
the rule easier to read, as this sentence applies to the Panel in its
entirety.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\4\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \5\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \6\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
    \6\ Id.
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    In particular, over the years, fewer TPHs have made themselves
available to serve on Panels. The Exchange notes that service on a
Panel is voluntary and it cannot force any TPH to serve on a Panel. As
such, it has become increasingly burdensome to appoint a sufficient
number of TPHs to the Panels. The Exchange believes reducing the number
of Panel members will remove impediments to, and perfect the mechanism
of, a free and open market because it will assist the Exchange in being
able to appoint a sufficient number of TPHs to a Panel in a timely
manner. The Exchange notes that the composition requirements of
ensuring there are Panel members both in and outside of the station
where the dispute occurred still ensures a fair balance.
    The Exchange also believes the proposed changes to make explicit
that the Floor Official panel member must be a TPH and that the Space
Mediator must be an Exchange employee provides transparency and clarity
in the rules, which alleviates confusion, thereby protecting investors
and the public interest. The Exchange also notes these changes do not
reflect substantive changes from current practice, but rather clarifies
and codifies the Exchange's current practice.

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

    Cboe Options does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change
merely reduces the number of Panel members that must serve on a Panel
and clarifies and codifies current practices relating to the spot
dispute process and thus has no impact on current trading on Cboe
Options. Therefore, the proposed rule change has no impact on
competition.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6) thereunder.
    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CBOE-2018-043 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2018-043. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CBOE-2018-043 and should be submitted on
or before July 17, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-13620 Filed 6-25-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)]
[Notices]
[Pages 58686-58693]
[FR Doc No: 2017-26875]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0236]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

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

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SUMMARY: FMCSA announces receipt of applications from 49 individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with insulin-treated
diabetes mellitus (ITDM) operating a commercial motor vehicle (CMV) 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 12, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2017-0236 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online 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.,
E.T., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number(s) 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., E.T., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day E.T.,
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 online.
    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 http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., E.T.,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the FMCSRs for a five-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
five-year period. FMCSA grants exemptions from the FMCSRs for a two-
year period to align with the maximum duration of a driver's medical
certification.
    The 49 individuals listed in this notice have requested an
exemption from the diabetes prohibition in 49 CFR 391.41(b)(3).
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting the exemption will achieve the
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding diabetes
found in 49 CFR 391.41(b)(3) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control. The Agency established the current requirement for
diabetes in 1970 because several risk studies indicated that drivers
with diabetes had a higher rate of crash involvement than the general
population. The Agency established the current requirement for diabetes
in 1970 because several risk studies indicated that drivers with
diabetes had a higher rate of crash involvement than the general
population.
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777),
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    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). 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).
Section 4129 requires: (1) Elimination of the requirement for three
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 three-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.

II. Qualifications of Applicants

Christopher G. Barr

    Mr. Barr, 31, has had ITDM since 2017. His endocrinologist examined
him in 2017 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 (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Barr understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Barr meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2017 and certified that he does not have diabetic retinopathy. He
holds a Class C CDL from Michigan.

Jason W. Bass

    Mr. Bass, 43, has had ITDM since 2016. His endocrinologist examined
him in 2017 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 (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Bass understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Bass meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2017 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from New Mexico.

Michael L. Beaty

    Mr. Beaty, 49, has had ITDM since 2010. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Beaty understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Beaty meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Alaska.

Bryan L. Bier

    Mr. Bier, 57, has had ITDM since 2016. His endocrinologist examined
him in 2017 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 (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Bier understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Bier meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2017 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Washington.

David T. Botkin

    Mr. Botkin, 55, has had ITDM since 1991. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Botkin understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Botkin meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from California.

Terry L. Breuklander

    Mr. Breuklander, 67, has had ITDM since 2002. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Breuklander understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Breuklander meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
proliferative diabetic retinopathy. He holds a Class A CDL from
Missouri.

Vensin R. Brown

    Mr. Brown, 41, has had ITDM since 2016. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
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 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Georgia.

Derek R. Burke

    Mr. Burke, 32, has had ITDM since 2017. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Burke understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Burke meets the

requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Idaho.

James H. Corbett

    Mr. Corbett, 42, has had ITDM since 2015. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Corbett understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Corbett meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from South Carolina.

Phillip M. Covel

    Mr. Covel, 50, has had ITDM since 2014. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Covel understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Covel meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Nebraska.

Alan P. Curtis

    Mr. Curtis, 67, has had ITDM since 2017. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Curtis understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Curtis meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Connecticut.

Steven M. Dillow

    Mr. Dillow, 56, has had ITDM since 2016. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Dillow understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Dillow meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
proliferative diabetic retinopathy. He holds a Class A CDL from
Indiana.

Samuel W. Drake

    Mr. Drake, 61, has had ITDM since 2007. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Drake understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Drake meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Vermont.

Garland K. Edmonds

    Mr. Edmonds, 70, has had ITDM since 2014. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Edmonds understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Edmonds meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from West
Virginia.

Donald R. Engbretson

    Mr. Engbretson, 42, has had ITDM since 2007. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Engbretson understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Engbretson meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Iowa.

Kenneth F. Erbar

    Mr. Erbar, 61, has had ITDM since 1996. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Erbar understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Erbar meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds a Class B CDL from Washington.

Gary W. Finn

    Mr. Finn, 59, has had ITDM since 2010. His endocrinologist examined
him in 2017 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
(two or more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Finn understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Finn meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2017 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from Colorado.

Russ A. Garetson

    Mr. Garetson, 24, has had ITDM since 2017. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Garetson understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Garetson meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Iowa.

Donald R. Gladson

    Mr. Gladson, 68, has had ITDM since 2011. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Gladson understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Gladson meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Tennessee.

Evon L. Gray

    Mr. Gray, 58, has had ITDM since 2008. His endocrinologist examined
him in 2017 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 (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Gray understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Gray meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2017 and certified that he has stable nonproliferative diabetic
retinopathy. He holds a Class A CDL from Pennsylvania.

Edward A. Harrell

    Mr. Harrell, 61, has had ITDM since 2016. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Harrell understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Harrell meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Florida.

Kevin P. Harris

    Mr. Harris, 48, has had ITDM since 1984. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
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 2017 and certified that he has stable
proliferative diabetic retinopathy. He holds an operator's license from
Maine.

Thomas S. Holland

    Mr. Holland, 28, has had ITDM since 2016. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Holland understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Holland meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Cody R. Huxman

    Mr. Huxman, 27, has had ITDM since 2014. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Huxman understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Huxman meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Kansas.

Lewis D. Knudsen

    Mr. Knudsen, 71, has had ITDM since 2016. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Knudsen understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Knudsen meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Virginia.

Tracy D. Kropf

    Mr. Kropf, 42, has had ITDM since 2016. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Kropf understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Kropf meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Oregon.

Edward H. LaDuke

    Mr. LaDuke, 55, has had ITDM since 1989. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. LaDuke understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. LaDuke meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Arizona.

James E. Malonson

    Mr. Malonson, 56, has had ITDM since 2014. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Malonson understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Malonson meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Massachusetts.

Bruce E. Martin

    Mr. Martin, 57, has had ITDM since 2016. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Martin understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Martin meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Massachusetts.

Shaun A. Medley

    Mr. Medley, 39, has had ITDM since 1992. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Medley understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Medley meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Indiana.

Melissa D. Merchant

    Ms. Merchant, 49, has had ITDM since 2014. Her endocrinologist
examined her in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. Her endocrinologist certifies that Ms. Merchant understands
diabetes management and monitoring has stable control of her diabetes
using insulin, and is able to drive a CMV safely. Ms. Merchant meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2017 and certified that she does not have
diabetic retinopathy. She holds a Class B CDL from Alabama.

William Moore

    Mr. Moore, 58, has had ITDM since 2017. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Moore understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Moore meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from New
Jersey.

Kevin E. Nash

    Mr. Nash, 54, has had ITDM since 2017. His endocrinologist examined
him in 2017 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 (two or
more) severe hypoglycemic episodes in the last five years. His
endocrinologist certifies that Mr. Nash understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Nash meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2017 and certified that he does not have diabetic retinopathy. He
holds an operator's license from Indiana.

David J. Ninke

    Mr. Ninke, 68, has had ITDM since 2014. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Ninke understands
diabetes management and monitoring,

has stable control of his diabetes using insulin, and is able to drive
a CMV safely. Mr. Ninke meets the requirements of the vision standard
at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and
certified that he has stable nonproliferative diabetic retinopathy. He
holds a Class A CDL from Ohio.

Thomas A. Pothast

    Mr. Pothast, 63, has had ITDM since 2016. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Pothast understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Pothast meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Ohio.

Jonathan E. Sills

    Mr. Sills, 38, has had ITDM since 2017. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Sills understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Sills meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Indiana.

Nirmal Singh

    Mr. Singh, 45, has had ITDM since 2017. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Singh understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Singh meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from Michigan.

Sonny Singh

    Mr. Singh, 41, has had ITDM since 2016. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Singh understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Singh meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Oklahoma.

Michael A. Skovbroten

    Mr. Skovbroten, 60, has had ITDM since 2016. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Skovbroten understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Skovbroten meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Wisconsin.

Mark N. Sprague

    Mr. Sprague, 60, has had ITDM since 2017. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Sprague understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Sprague meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Maine.

Bick M. Stenberg

    Mr. Stenberg, 58, has had ITDM since 2017. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Stenberg understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Stenberg meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds an operator's license from Utah.

Duane J. TenEyck

    Mr. TenEyck, 54, has had ITDM since 2012. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. TenEyck understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. TenEyck meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Nebraska.

Wayne M. Tolbert

    Mr. Tolbert, 46, has had ITDM since 2017. His endocrinologist
examined him in 2017 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 (two or more) severe
hypoglycemic episodes in the last five years. His endocrinologist
certifies that Mr. Tolbert understands diabetes management and
monitoring, has stable control of his diabetes using insulin, and is
able to drive a CMV safely. Mr. Tolbert meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2017 and certified that he does not have diabetic retinopathy.
He holds a Class B CDL from Ohio.

Rene G. Torres

    Mr. Torres, 48, has had ITDM since 2017. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Torres understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Torres meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Texas.

Fred M. Ussery

    Mr. Ussery, 69, has had ITDM since 2014. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Ussery understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Ussery meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he does not
have diabetic retinopathy. He holds an operator's license from
Louisiana.

Jerry C. Watkins

    Mr. Watkins, 50, has had ITDM since 2016. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Watkins understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Watkins meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class B CDL from
North Carolina.

Thomas H. Weihler

    Mr. Weihler, 66, has had ITDM since 2016. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Weihler understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Weihler meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Illinois.

Perry D. Whitley

    Mr. Whitley, 66, has had ITDM since 2017. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Whitley understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Whitley meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from New Mexico.

Alexander J. Yakimow

    Mr. Yakimow, 24, has had ITDM since 2015. His endocrinologist
examined him in 2017 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 (two or more) severe hypoglycemic episodes in the last five
years. His endocrinologist certifies that Mr. Yakimow understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Yakimow meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2017 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Ohio.

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 dates
section of the notice.

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-2017-0236 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 materials received during the
comment

period. FMCSA may issue a final determination 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, go to http://www.regulations.gov and in the search box insert
the docket number FMCSA-2017-0236 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.

    Issued on: December 6, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-26875 Filed 12-12-17; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: December 22, 2005 (Volume 70, Number 245)]
[Notices]
[Page 76086]
[DOCID:fr22de05-100]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52913A; File No. SR-CBOE-2005-97]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating To Revisions to the Series 4 Examination Program

December 15, 2005.

Correction

    FR Doc. E5-7338, issued on December 14, 2005,\1\ incorrectly
identified the exchange in the first sentence of the first paragraph of
Release No. 34-52913. The corrected sentence reads as follows:
---------------------------------------------------------------------------

    \1\  See Securities Exchange Act Release No. 52913 (December 7,
2005), 70 FR 74068.
---------------------------------------------------------------------------

    ``Pursuant to Section 19(b)(1) of the Securities Exchange Act of
1934 (``Act''),\2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that on November 15, 2005, the Chicago Board Options Exchange,
Incorporated (``CBOE'' or ``Exchange'') filed with the Securities and
Exchange Commission (``SEC'' or ``Commission'') the proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by CBOE.''
---------------------------------------------------------------------------

    \2\ 15 U.S.C. 78s(b)(1).
    \3\ 17 CFR 240.19b-4.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\4\
---------------------------------------------------------------------------

    \4\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
[FR Doc. E5-7666 Filed 12-21-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Proposed Rules]
[Pages 47585-47587]
[FR Doc No: 2018-20400]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0699; Airspace Docket No. 18-ASW-11]
RIN 2120-AA66

Proposed Amendment of Class D and E Airspace and Revocation of
Class E Airspace; Fayetteville, AR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class D airspace and Class E
airspace designated as a surface area, and remove Class E airspace
designated as an extension to a Class D and Class E airspace at Drake
Field, Fayetteville, AR. The FAA is proposing this action as the result
of an airspace review caused by the decommissioning of the Drake VHF
omnidirectional range (VOR) navigation aid, which provided navigation
information for the instrument procedures at this airport, as part of
the VOR Minimum Operational Network (MON) Program. The geographic
coordinates of the airport would also be updated to coincide with the
FAA's aeronautical database.

DATES: Comments must be received on or before November 5, 2018.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone
(202) 366-9826, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2018-0699; Airspace Docket No. 18-ASW-11, at the beginning of your
comments. You may also submit comments through the internet at http://www.regulations.gov. You may review the public docket containing the
proposal, any comments received, and any final disposition in person in
the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through
Friday, except Federal holidays.
    FAA Order 7400.11C, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at http://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 7400.11C at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; 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 D airspace and Class E airspace designated as a
surface area, and remove Class E airspace designated as an extension to
a Class D and Class E airspace at Drake Field, Fayetteville, AR, to
support instrument flight rule 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. Commenters 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-2018-0699/
Airspace Docket No. 18-ASW-11.'' 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 http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see 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 Federal
Aviation Administration, Air Traffic Organization, Central Service
Center, Operations Support Group, 10101 Hillwood Parkway, Fort Worth,
TX 76177.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11C, Airspace
Designations and Reporting Points, dated August 13, 2018, and effective
September 15, 2018. FAA Order 7400.11C is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11C 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:
    Amending the Class D airspace at Drake Field, Fayetteville, AR, to
within a 4.0-mile radius (decreased from a 4.1-mile radius); and adding
an extension 1.1 miles each side of the 181[deg] bearing from the
airport from the 4.0-mile radius to 5.9 miles north of the airport, and
adding an extension 1.0 mile each side of the 172[deg] bearing from the
Drake Field: RWY 34-LOC from the 4.0-mile radius to 4.9 miles south of
the Drake Field: RWY 34-LOC; and adding an extension 1.0 mile each side
of the 347[deg] bearing from the airport from the 4.0-mile radius to
4.9 miles north the airport. The city associated with the airport would
be removed from the airspace legal description to comply with a change
to FAA Order 7400.2L, Procedures for Handling Airspace Matters, and the
outdated term ``Airport/Facility Directory'' would be updated to
``Chart Supplement.'' Additionally, the geographic coordinates of the
airport would be updated to coincide with the FAA's aeronautical
database.
    Amending the Class E airspace designated as a surface area at Drake
Field to within a 4.0-mile radius (decreased from a 4.1-mile radius);
and extending the airspace up to and including 3,800 feet MSL; and
adding an extension 1.1 miles each side of the 181[deg] bearing from
the airport from the 4.0-mile radius to 5.9 miles south of the airport,
and adding an extension 1.0 mile each side of the 172[deg] bearing from
the Drake Field: RWY 34-LOC from the 4.0-mile radius to 4.9 miles south
of the Drake Field: RWY 34-LOC; and adding an extension 1.0 mile each
side of the 347[deg] bearing from the airport from the 4.0-mile radius
to 4.9 miles north of the airport. The city associated with the airport
would be removed from the airspace legal description to comply with a
change to FAA Order 7400.2L, Procedures for Handling Airspace Matters,
and the outdated term ``Airport/Facility Directory'' would be updated
to ``Chart Supplement.'' Additionally, the geographic coordinates of
the airport would be updated to coincide with the FAA's aeronautical
database.
    And removing the Class E airspace designated as an extension to
Class D and Class E at Drake Field as it is no longer required.
    This action as the result of an airspace review caused by the
decommissioning of the Drake VOR, which provided navigation information
for the instrument procedures at this airport, as part of the VOR MON
Program.
    Class D and E airspace designations are published in paragraph
5000, 6002, and 6004, respectively, of FAA Order 7400.11C, dated August
13, 2018, and effective September 15, 2018, which is incorporated by
reference in 14 CFR 71.1. The Class D and E airspace designations
listed in this document will be published subsequently in the Order.

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
7400.11C, Airspace Designations and Reporting Points, dated August 13,
2018, and effective September 15, 2018, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASW AR D Fayetteville, AR [Amended]

Drake Field, AR
    (Lat. 36[deg]00'18'' N, long. 94[deg]10'12'' W)
Drake Field: RWY 34-LOC
    (Lat. 36[deg]00'26'' N, long. 94[deg]10'10'' W)

    That airspace extending upward from the surface to and including
3,800 feet MSL within a 4.0-mile radius of Drake Field, and within
1.1 miles each side of the 181[deg] bearing from the airport from
the 4.0-mile radius to 5.9 miles south of the airport, and within
1.0 mile each sided of the 172[deg] bearing from the Drake Field:
RWY 34-LOC from the 4.0-mile radius to 4.9 miles south of the Drake
Field: RWY 34-LOC, and within 1.0 mile each side of the 347[deg]
bearing from the airport from the 4.0-mile radius to 4.9 miles north
of the airport. This Class D airspace area is effective during the
specific dates and times established in advance by a Notice to
Airmen. The effective date and time will thereafter be continuously
published in the Chart Supplement.

Paragraph 6002 Class E Airspace Areas Designated as Surface Areas.

* * * * *

ASW AR E2 Fayetteville, AR [Amended]

Drake Field, AR
    (Lat. 36[deg]00'18'' N, long. 94[deg]10'12'' W)
Drake Field: RWY 34-LOC
    (Lat. 36[deg]00'26'' N, long. 94[deg]10'10'' W)

    That airspace extending upward from the surface to and including
3,800 feet MSL within a 4.0-mile radius of Drake Field, and within
1.1 miles each side of the 181[deg] bearing from the airport from
the 4.0-mile radius to 5.9 miles south of the airport, and within
1.0 mile each sided of the 172[deg] bearing from the Drake Field:
RWY 34-LOC from the 4.0-mile

radius to 4.9 miles south of the Drake Field: RWY 34-LOC, and within
1.0 mile each side of the 347[deg] bearing from the airport from the
4.0-mile radius to 4.9 miles north of the airport. This Class E
airspace area is effective during the specific dates and times
established in advance by a Notice to Airmen. The effective date and
time will thereafter be continuously published in the Chart
Supplement.

Paragraph 6004 Class E Airspace Designated as an Extension of Class
D and Class E Surface Areas.

* * * * *

ASW OK E4 Fayetteville, AR [Removed]

    Issued in Fort Worth, Texas, on September 10, 2018.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-20400 Filed 9-19-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 9, 2010 (Volume 75, Number 68)]
[Notices]
[Page 18194-18195]
[DOCID:fr09ap10-68]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

April 1, 2010.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC10-57-000.
    Applicants: Ameren Energy Generating Company.
    Description: Application of Ameren Energy Generating Co. Pursuant
to Section 203 of the Federal Power Act and Request for Expedited
Consideration and Approval by June 1, 2010.
    Filed Date: 04/01/2010.
    Accession Number: 20100401-5121.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 22, 2010.
    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-969-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy Inc submits an executed Cost-Based
Agreement for Wholesale Power Sales Service.
    Filed Date: 03/31/2010.
    Accession Number: 20100331-0242.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 21, 2010.

    Docket Numbers: ER10-977-000.
    Applicants: Tilton Energy LLC.
    Description: Tilton Energy LLC submits the Black Start Service
Agreement with Illinois Power Company.
    Filed Date: 03/31/2010.
    Accession Number: 20100401-0233.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 21, 2010.

    Docket Numbers: ER10-978-000.
    Applicants: Wolverine Power Supply Cooperative, Inc.
    Description: Wolverine Power Supply Cooperative, Inc submits
Original Sheet 1 to FERC Electric Tariff, Original Volume 3 and
supporting cost data, effective April 1, 2010.
    Filed Date: 03/31/2010.
    Accession Number: 20100401-0234.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 21, 2010.

    Docket Numbers: ER10-979-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc submits an executed Service
Agreement for the Resale, Reassignment to Transfer of Point-to-Point
Transmission Service with Kansas City Power & Light Co.
    Filed Date: 03/31/2010.
    Accession Number: 20100401-0235.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 21, 2010.

    Docket Numbers: ER10-980-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits proposed revisions to its Open Access Transmission, Energy and
Operating Reserve Markets Tariff.

    Filed Date: 03/31/2010.
    Accession Number: 20100401-0236.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 21, 2010.

    Docket Numbers: ER10-981-000.
    Applicants: Montana Alberta Tie Ltd.
    Description: Montana Alberta Tie Ltd et al submits revisions to the
MATL LLP FERC Electric Tariff, Second Revised Volume 2, to be effective
April 1, 2010.
    Filed Date: 03/31/2010.
    Accession Number: 20100401-0237.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 21, 2010.

    Docket Numbers: ER10-982-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc submits
proposed amendments to its Open Access Transmission Tariff and Market
Administration and Control Area Services Tariff etc.
    Filed Date: 03/31/2010.
    Accession Number: 20100401-0243.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 21, 2010.

    Docket Numbers: ER10-983-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Operating Companies submits the Amended
Network Integration Transmission Service Agreement No 325 with the City
of North Little Rock, Arkansas etc.
    Filed Date: 03/31/2010.
    Accession Number: 20100401-0241.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 21, 2010.

    Docket Numbers: ER10-984-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Operating Companies submits amendments to
their Open Access Transmission Tariff to amend Attachment H and
Schedule 7 of their OATT.
    Filed Date: 03/31/2010.
    Accession Number: 20100401-0238.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 21, 2010.

    Docket Numbers: ER10-985-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Operating Companies submits the Dynamic
Transfer Operating Agreements, Service Agreement No 564, 565, 566, 567
and 585 under FERC Electric Tariff, Third Revised Volume No 3 with ESI,
Oxy and Benton et al.
    Filed Date: 03/31/2010.
    Accession Number: 20100401-0239.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 21, 2010.

    Docket Numbers: ER10-986-000.
    Applicants: Entergy Arkansas, Inc.
    Description: Entergy Arkansas, Inc submits the 41st Amendment to
the Power Coordination, Interchange and Transmission Service Agreement
with Arkansas Electric Cooperative Corp, First Revised Rate Schedule
82.
    Filed Date: 03/31/2010.
    Accession Number: 20100401-0240.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 21, 2010.

    Docket Numbers: ER10-987-000.
    Applicants: Entergy Services, Inc.
    Description: Entergy Services Inc submits Notices of Termination of
First Revised Service Agreement No. 466,509 et al. pursuant to the
filing requirements set forth in Order No. 614.
    Filed Date: 03/31/2010.
    Accession Number: 20100401-0242.
    Comment Date: 5 p.m. Eastern Time on Wednesday, April 21, 2010.

    Docket Numbers: ER10-988-000.
    Applicants: Central Maine Power Company.
    Description: Central Maine Power Company submits Engineering and
Procurement Agreement dated 1/20/09 with Record Hill Wind, LLC
designated as Original Service Agreement etc.
    Filed Date: 03/26/2010.
    Accession Number: 20100326-0211.
    Comment Date: 5 p.m. Eastern Time on Friday, April 16, 2010.

    Take notice that the Commission received the following open access
transmission tariff filings:

    Docket Numbers: OA08-100-003.
    Applicants: Duke Energy Carolinas, LLC.
    Description: 2009 Penalty Distribution Report of Duke Energy
Carolinas, LLC.
    Filed Date: 04/01/2010.
    Accession Number: 20100401-5106.
    Comment Date: 5 p.m. Eastern Time on Thursday, April 22, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-8089 Filed 4-8-10; 8:45 am]
BILLING CODE 6717-01-P