[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Notices]
[Pages 24555-24563]
[FR Doc No: 2018-11412]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0026]

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 53 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 June 28, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2018-0026 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 53 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.
    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

Robert M. Athanas

    Mr. Athanas, 68, has had ITDM since 2000. 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. Athanas understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Athanas meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Oregon.

Gary R. Babcock

    Mr. Babcock, 59, has had ITDM since 1999. 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. Babcock understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Babcock 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 Connecticut.

Jennifer L. Baker

    Ms. Baker, 37, has had ITDM since 2017. 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. Baker understands
diabetes management and monitoring, has stable control of her diabetes
using insulin,

and is able to drive a CMV safely. Ms. Baker meets the requirements of
the vision standard at 49 CFR 391.41(b)(10). Her optometrist examined
her in 2018 and certified that she does not have diabetic retinopathy.
She holds a Class B CDL from North Carolina.

Lesley L. Beasley

    Mr. Beasley, 67, has had ITDM since 2013. 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. Beasley understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Beasley 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 Alabama.

Theresa J. Blackman

    Ms. Blackman, 61, has had ITDM since 2017. Her endocrinologist
examined her in 2018 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. Blackman understands
diabetes management and monitoring, has stable control of her diabetes
using insulin, and is able to drive a CMV safely. Ms. Blackman meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2018 and certified that she does not have
diabetic retinopathy. She holds a Class B CDL from Indiana.

Jeffrey D. Boutin

    Mr. Boutin, 58, has had ITDM since 2013. His endocrinologist
examined him in 2018 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. Boutin understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Boutin 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.

Douglas P. Chretien

    Mr. Chretien, 55, has had ITDM since 2018. His endocrinologist
examined him in 2018 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. Chretien understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Chretien meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Louisiana.

Eugene V. Cost

    Mr. Cost, 62, has had ITDM since 2016. His endocrinologist examined
him in 2018 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. Cost understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Cost meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2018 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from North Dakota.

James R. Crump

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

James G. Cucinotta

    Mr. Cucinotta, 47, has had ITDM since 2001. His endocrinologist
examined him in 2018 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. Cucinotta understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Cucinotta meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Maine.

Bryan S. Davis

    Mr. Davis, 49, has had ITDM since 2013. His endocrinologist
examined him in 2018 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. Davis understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Davis meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Virginia.

Jeremy C. Durand

    Mr. Durand, 55, has had ITDM since 1990. His endocrinologist
examined him in 2018 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.
Durand understands diabetes management and monitoring, has stable
control of his diabetes using insulin, and is able to drive a CMV
safely. Mr. Durand meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His optometrist examined him in 2018 and certified
that he does not have diabetic retinopathy. He holds a Class B CDL from
New York.

Connie S. Erwin

    Ms. Erwin, 60, has had ITDM since 2016. Her endocrinologist
examined her in 2018 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. Erwin understands
diabetes management and monitoring, has stable control of her diabetes
using insulin, and is able to drive a CMV safely. Ms. Erwin meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2018 and certified that she has stable
nonproliferative diabetic retinopathy. She holds an operator's license
from Tennessee.

Brendan T. Farnam

    Mr. Farnam, 24, has had ITDM since 1997. His endocrinologist
examined him in 2018 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. Farnam understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Farnam 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
Massachusetts.

Randall S. Feldt

    Mr. Feldt, 66, has had ITDM since 2017. His endocrinologist
examined him in 2018 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. Feldt understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Feldt 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.

Travis E. Forrest

    Mr. Forrest, 26, 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. Forrest understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Forrest 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 Pennsylvania.

Robert R. Frost

    Mr. Frost, 60, has had ITDM since 2009. 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. Frost understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Frost 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 Pennsylvania.

Alexander A. Hegyi

    Mr. Hegyi, 32, has had ITDM since 1994. His endocrinologist
examined him in 2018 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. Hegyi understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Hegyi meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from New Jersey.

Sergio Hernandez

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

Scotty A. Hill

    Mr. Hill, 46, has had ITDM since 2016. His endocrinologist examined
him in 2018 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. Hill understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Hill meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His optometrist examined him
in 2018 and certified that he does not have diabetic retinopathy. He
holds a Class A CDL from North Carolina.

Billie Hinton

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

Arild Johansen

    Mr. Johansen, 62, 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. Johansen understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Johansen 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
North Dakota.

Kaleb N. Jones

    Mr. Jones, 27, has had ITDM since 2017. His endocrinologist
examined him in 2018 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. Jones understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Jones meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Illinois.

Reginald Jones

    Mr. Jones, 51, has had ITDM since 2005. His endocrinologist
examined him in 2018 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. Jones understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Jones meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2017 and certified that he has stable
proliferative diabetic retinopathy. He holds a Class A CDL from North
Carolina.

Kevin R. Kerrigan

    Mr. Kerrigan, 34, has had ITDM since 1995. His endocrinologist
examined him in 2018 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. Kerrigan understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Kerrigan 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.

William R. Koepplin

    Mr. Koepplin, 54, has had ITDM since 2017. His endocrinologist
examined him in 2018 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. Koepplin understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Koepplin meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from North Dakota.

Jeff F. Kress

    Mr. Kress, 63, has had ITDM since 2015. His endocrinologist
examined him in 2018 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. Kress understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Kress 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 Minnesota.
    Eric J. Kuster
    Mr. Kuster, 31, has had ITDM since 2013. His endocrinologist
examined him in 2016 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. Kuster understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Kuster meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Iowa.

Michael P. Labrosse

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

safely. Mr. Labrosse 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 New York.

Michael J. Mason

    Mr. Mason, 33, 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. Mason understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Mason meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Georgia.

Chad W. Moore

    Mr. Moore, 36, has had ITDM since 2017. His endocrinologist
examined him in 2018 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
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Missouri.

Walter N. Morphew, Jr.

    Mr. Morphew, 69, has had ITDM since 2016. His endocrinologist
examined him in 2018 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. Morphew understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Morphew meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Indiana.

Edward C. Mulvenna, Jr.

    Mr. Mulvenna, 57, has had ITDM since 1969. His endocrinologist
examined him in 2018 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. Mulvenna understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Mulvenna meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from New
Jersey.

Jeffrey C. Olson

    Mr. Olson, 74, has had ITDM since 2017. His endocrinologist
examined him in 2018 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. Olson understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Olson 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 South Dakota.

Robin L. Phillips

    Ms. Phillips, 42, has had ITDM since 2016. Her endocrinologist
examined her in 2018 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. Phillips understands
diabetes management and monitoring, has stable control of her diabetes
using insulin, and is able to drive a CMV safely. Ms. Phillips meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). Her
ophthalmologist examined her in 2017 and certified that she does not
have diabetic retinopathy. She holds an operator's license from
Pennsylvania.

Roosevelt Price

    Mr. Price, 71, 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. Price understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Price 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
Mississippi.

William P. Raben

    Mr. Raben, 26, 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. Raben understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Raben meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Alabama.

Dennis B. Segel

    Mr. Segel, 60, has had ITDM since 2017. His endocrinologist
examined him in 2018 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. Segel understands diabetes management and
monitoring, has stable control of his diabetes using insulin, and is
able to drive a CMV safely. Mr. Segel meets the requirements of the
vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined
him in 2018 and certified that he does not have diabetic retinopathy.
He holds a Class A CDL from Washington.

Daniel A. Slattery

    Mr. Slattery, 26, has had ITDM since 2013. His endocrinologist
examined him in 2018 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. Slattery understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Slattery meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Indiana.

Mathew C. Smart

    Mr. Smart, 26, has had ITDM since 2005. His endocrinologist
examined him in 2018 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. Smart understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Smart meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds an operator's license from Texas.

Jeffrey J. Smith

    Mr. Smith, 54, 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. Smith understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Smith meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he has stable
nonproliferative and stable proliferative diabetic retinopathy. He
holds a Class A CDL from Virginia.

Charles D. Smith, Jr.

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

Patrick J. Snell

    Mr. Snell, 38, has had ITDM since 2017. His endocrinologist
examined him in 2018 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. Snell understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Snell meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Iowa.

Rodney M. Stephens

    Mr. Stephens, 35, has had ITDM since 1997. 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. Stephens understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Stephens 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 Pennsylvania.

Robert A. Swasey, Jr.

    Mr. Swasey, 57, 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. Swasey understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Swasey meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds a Class B CDL from Maine.

Kevin R. Terpstra

    Mr. Terpstra, 50, has had ITDM since 1973. 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. Terpstra understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Terpstra 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
Illinois.

Richard D. Thompson

    Mr. Thompson, 64, has had ITDM since 2014. His endocrinologist
examined him in 2018 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. Thompson understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Thompson meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from New
York.

William D. Thull

    Mr. Thull, 68, has had ITDM since 2017. His endocrinologist
examined him in 2018 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. Thull understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Thull meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Illinois.

Billy J. Thurnall

    Mr. Thurnall, 39, has had ITDM since 1993. His endocrinologist
examined him in 2018 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. Thurnall understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Thurnall meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Indiana.

John T. Tuck, Jr.

    Mr. Tuck, 70, 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. Tuck understands diabetes management
and monitoring, has stable control of his diabetes using insulin, and
is able to drive a CMV safely. Mr. Tuck 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 New Jersey.

Roy D. Wendte

    Mr. Wendte, 57, has had ITDM since 2016. His endocrinologist
examined him in 2018 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. Wendte understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Wendte meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2018 and certified that he does not have
diabetic retinopathy. He holds an operator's license from Illinois.

Bailey Westgate

    Mr. Westgate, 23, 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. Westgate understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Westgate 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 Idaho.

Walter L. Williams

    Mr. Williams, 65, 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. Williams understands
diabetes management and monitoring, has stable control of his diabetes
using insulin, and is able to drive a CMV safely. Mr. Williams meets
the requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2018 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Arkansas.

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-2018-0026 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-2018-0026 and click ``Search.'' Next, click
``Open Docket Folder'' and you will find all documents and comments
related to this notice.

    Issued on: May 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-11412 Filed 5-25-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: March 10, 2006 (Volume 71, Number 47)]
[Notices]
[Page 12347-12348]
[DOCID:fr10mr06-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER06-525-000]

Global Energy Investments Group, LLC; Notice of Issuance of Order

March 3, 2006.
    Global Energy Investments Group, LLC (Global Energy) filed an
application for market-based rate authority, with an accompanying
tariff. The proposed market-based rate tariff provides for the sale of
energy and capacity at market-based rates. Global Energy also requested
waiver of various Commission regulations. In particular, Global Energy
requested that the Commission grant blanket approval under 18 CFR part
34 of all future issuances of securities and assumptions of liability
by Global Energy.
    On March 2, 2006, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development--West, granted the request
for blanket approval under part 34. The Director's order also stated
that the Commission would publish a separate notice in the Federal
Register establishing a period of time for the filing of protests.
Accordingly, any person desiring to be heard or to protest the blanket
approval of issuances of securities or assumptions of liability by
Global Energy should file a motion to intervene or protest with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214
(2004).

    Notice is hereby given that the deadline for filing motions to
intervene or protest is April 3, 2006.
    Absent a request to be heard in opposition by the deadline above,
Global Energy is authorized to issue securities and assume obligations
or liabilities as a guarantor, indorser, surety, or otherwise in
respect of any security of another person; provided that such issuance
or assumption is for some lawful object within the corporate purposes
of Global Energy, compatible with the public interest, and is
reasonably necessary or appropriate for such purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approval of Global Energy's issuances of securities or
assumptions of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Magalie R. Salas,
Secretary.
[FR Doc. E6-3452 Filed 3-9-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Notices]
[Page 5611-5614]
[DOCID:fr30ja08-127]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57191; File No. SR-CBOE-2007-150]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change as Modified by Amendment No. 1 Thereto Relating to Exchange
Fees for Fiscal Year 2008

January 24, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 20, 2007, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been substantially
prepared by the CBOE. On January 10, 2008, CBOE filed Amendment No. 1
to the proposed rule change. The Commission is publishing this notice
to solicit comments on the proposed rule change, as amended, from
interested persons.
---------------------------------------------------------------------------

    \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

    Chicago Board Options Exchange, Incorporated (``CBOE'' or
``Exchange'') proposes to amend its Fees Schedule to make various
changes for Fiscal Year 2008. The text of the proposed rule change is
available at the CBOE, on the Exchange's Web site at http://www.cboe.org/legal
, and in 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, CBOE 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 proposed rule change is to amend the CBOE Fees
Schedule to make various fee changes. The proposed changes are the
product of the Exchange's annual budget review. The fee changes were
approved by the Exchange's Board of Directors pursuant to CBOE Rule
2.22 and will take effect on January 1, 2008.
    The Exchange proposes to amend the following fees:
Liquidity Provider Sliding Scale
    In January 2007, the Exchange adopted a ``Liquidity Provider
Sliding Scale'' program, which reduces a Liquidity Provider's per
contract transaction fee based on the number of contracts the Liquidity
Provider trades in a month.\3\ The sliding scale applies to all
Liquidity Providers (CBOE Market-Maker, DPM, e-DPM, LMM and RMM) for
transactions in all products.\4\
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    \3\ See Securities Exchange Act Release No. 55193 (January 30,
2007), 72 FR 5476 (February 6, 2007).
    \4\ Contract volume resulting from dividend, merger and short
stock interest strategies as defined in Footnote 13 of the Fees
Schedule does not apply towards reaching the sliding scale volume
thresholds.
---------------------------------------------------------------------------

    Under the current program, a Liquidity Provider's $.20 per contract
transaction fee is reduced if the Liquidity Provider reaches the volume
thresholds set forth in the sliding scale in a month. As a Liquidity
Provider's monthly volume increases, its per contract transaction fee
decreases. The first 50,000 contracts traded in a month (first tier)
are assessed at $.20 per contract. The next 950,000 contracts traded
(up to 1 million total contracts traded--second tier) are assessed at
$.18 per contract. The next 1.5 million contracts traded (up to 2.5
million total contracts traded--third tier) are assessed at $.15 per
contract and the next 1.5 million contracts traded (up to 4 million
total contracts traded--fourth tier) are assessed at $.10 per contract.
All contracts above 4 million contracts traded in a month (fifth tier)
are assessed at $.02 per contract. The Exchange aggregates the trading
activity of separate Liquidity Provider firms for purposes of the
sliding scale if there is at least 75% common ownership between the
firms as reflected on each firm's Form BD, Schedule A.\5\
---------------------------------------------------------------------------

    \5\ A Liquidity Provider's monthly contract volume is determined
at the firm affiliation level, e.g., if five Liquidity Provider
individuals are affiliated with member firm ABC as reflected by
Exchange records for the entire month, all of the volume from those
five individual Liquidity Providers count towards firm ABC's sliding
scale transaction fees for that month.
---------------------------------------------------------------------------

    The Exchange proposes to increase the sliding scale volume
thresholds for fiscal year 2008 due to increased volume on the
Exchange. Specifically, the Exchange proposes to increase the first
tier threshold from 50,000 contracts to 75,000 contracts, the second
tier threshold from 950,000 contracts to 1,125,000 contracts (up to 1.2
million total contracts traded), the third tier threshold from 1.5
million contracts to 1.8 million contracts (up to 3 million total
contracts traded), the fourth tier threshold from 1.5 million contracts
to 1.8 million contracts (up to 4.8 million total contracts traded),
and the fifth tier threshold from above 4 million contracts to above
4.8 million contracts. The Exchange also proposes to increase the fifth
tier transaction fee rate from $.02 per contract to $.03 per contract.
    Under the current program, the Exchange provides Liquidity
Providers with two incentives to prepay annual transaction fees. First,
in order to be eligible to participate in the sliding scale above 1
million contracts (i.e., at the $.15 per contract rate and lower), a
Liquidity Provider is required to prepay their transaction fees for the
first two tiers of the sliding scale for the entire year (i.e., $2.172
million). Second, if a Liquidity Provider prepays annual fees for the
first four tiers of the sliding scale, the Liquidity Provider receives
a $500,000 prepayment discount (total amount of the prepayment would be
$6.172 million instead of $6.672 million). As a result of increasing
the volume thresholds as described above, the $2.172 million prepayment
amount would be revised to $2.61 million. The Exchange proposes to
increase the discount for prepaying the first four tiers of the sliding
scale from $500,000 to $600,000 (total amount of the prepayment would
be $7.41 million instead of $8.01 million).
Member Firm Proprietary and Firm Facilitation Fee Cap
    Pursuant to Section 20 of the CBOE Fees Schedule, the Exchange caps
member firm proprietary fees at $125,000 per month per firm (``Member
Firm Fee Cap''). The Exchange proposes to eliminate the Member Firm Fee
Cap program and replace it with a sliding scale program (``Member Firm
Proprietary Sliding Scale'') similar in operation to the Liquidity
Provider Sliding Scale.
    The proposed Member Firm Proprietary Sliding Scale would reduce the
standard member firm proprietary per contract transaction fee
(currently $.20 per contract) based on the number of contracts the
member firm trades in a month, based on the following sliding scale:

------------------------------------------------------------------------
                                                                 Rate
                Tiers                   Contracts per month     (cents)
------------------------------------------------------------------------
First...............................  First 400,000.........          20
Second..............................  Next 200,000..........          15
Third...............................  Next 150,000..........          10
Fourth..............................  Next 100,000..........           5
Fifth...............................  Above 850,000.........           2
------------------------------------------------------------------------

    The sliding scale would apply to member firm proprietary orders
(``F'' origin code) in all products, except for orders of joint back-
office (``JBO'') participants.\6\
---------------------------------------------------------------------------

    \6\ A JBO participant is a member or member organization that
maintains a JBO arrangement with a clearing broker-dealer (``JBO
Broker'') subject to the requirements of Regulation T Section 220.7
of the Federal Reserve System. JBO participant orders are excluded
from the sliding scale due to the fact that the Exchange is unable
to differentiate orders of the JBO participant from orders of its
JBO Broker and so is unable to aggregate the JBO participant's
orders for purposes of the sliding scale.
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    A member firm's $.20 per contract transaction fee would be reduced
if the member firm reaches the volume thresholds set forth in the
sliding scale in a month. As a member firm's monthly volume increases,
its per contract transaction fee would decrease. Under the proposed
sliding scale, the first 400,000 contracts traded in a month would be
assessed at $.20 per contract. The next 200,000 contracts traded (up to
600,000 total contracts traded) would be assessed at $.15 per contract.
The next 150,000 contracts traded (up to 750,000 total contracts
traded) would be assessed at $.10 per contract and the next 100,000
contracts traded (up to 850,000 contracts traded) would be assessed at
$.05 per contract. All contracts above 850,000 contracts traded in a
month would be assessed at $.02 per contract.
    Due to the Exchange's obligation to pay license fees on certain
products, the Exchange would assess a $.10 per contract license fee (a
total of 10 cents per contract less any surcharge fees already
assessed) on all licensed products when a firm reaches the fifth tier
of the sliding scale.
Surcharge Fees
    The Exchange currently charges a $.04 per contract surcharge fee on
transactions of all market participants in

options on the S&P 100 Index (OEX and XEO), S&P 500 Index (SPX) and
options on volatility indexes (e.g., VIX) excluding public customer
orders and including linkage orders.\7\ The Exchange proposes to
increase the surcharge fee to $.06 per contract in these products. The
surcharge fee is assessed to help the Exchange recoup license fees the
Exchange pays to index licensors for the right to list these products
for trading.
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    \7\ See CBOE Fees Schedule, Footnote 14.
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SPX Customer Transaction Fee
    The Exchange currently charges customers trading SPX options $.44
per contract if the premium is greater than or equal to $1 and $.27 per
contract if the premium is less than $1. The Exchange proposes to
increase the transaction fee rate if the premium is less than $1 from
$.27 per contract to $.35 per contract.
Membership Application Fees
    Membership application fees are set forth in Section 11 of the CBOE
Fees Schedule as well as in a regulatory circular (``Membership Fees
Circular''). These fees have not changed in approximately four years.
The Exchange proposes several changes to the membership application
fees as reflected in the Fees Schedule and Membership Fees Circular
included as Exhibit 5. The proposed changes would simplify the
membership application fees schedule by consolidating certain fees. In
addition, certain fees are proposed to be increased, certain fees are
proposed to be eliminated, and one new fee is proposed to be
established (Seat Transfer Fee).\8\
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    \8\ The $500 Seat Transfer Fee is capped at $2000 for a seat
transfer request covering multiple seats. See Amendment No. 1.
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    The Exchange notes that while the proposed $4,000 Trading Firm
Application Fee is significantly higher than the current firm
application fee ($275), unlike the current fee the proposed new fee
will encompass several other fees related to a firm's membership
application,\9\ thereby potentially resulting in an overall fee
reduction for some firm applicants. For example, under the current
membership fee structure, a firm applicant would pay the $275 firm
application fee, the $2,200 individual application fee for each of its
nominees applying for individual membership, the $275 fee for each of
its associated persons (e.g., general partners, executive officers, LLC
managers, etc.) and the $40 fingerprint processing fee for each of its
associated persons, which fees when totaled could potentially equal or
exceed $4,000.
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    \9\ The Trading Firm Application Fee would encompass a firm's
membership application, one Individual Application Fee (Nominee)
associated with the firm's membership application and Associated
Person Fees for all associated persons that are part of the firm's
membership application.
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Manual Appointment Change Request Fee
    The Exchange provides members with access to an online appointment
system that allows CBOE market-makers and remote market-makers to view
and update their market-maker appointments as often as necessary.
Market-makers are still allowed to request appointment changes via
email, phone call or in-person visits to the Exchange. In order to
encourage market-makers to use the online appointments system, the
Exchange proposes to charge members $50 for each appointment change
request that is not executed through the online appointment system.
Technology Fee Changes
    The Exchange proposes to amend an existing fee and establish
several new fees related to CBOE's electronic trading system
(CBOEdirect) and its Hybrid Trading System. First, the Exchange
provides certain hardware (e.g., servers) and related maintenance
services to third party vendors that provide members with quoting
software used by members to trade on the Hybrid Trading System. Since
2003, the Exchange has charged these members $100 per month to help the
Exchange recover its costs in facilitating the members' receipt of
these third party services. Due to increased quoting, the Exchange's
costs in upgrading and otherwise maintaining this hardware have
increased. The Exchange proposes to increase the monthly fee from $100
to $150 to help the Exchange offset these increased costs.\10\
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    \10\ The fee is located in Section 17 of the Fees Schedule and
is currently named ``Actant Computing User Fee''. The Exchange
proposes to rename the fee ``Quoting Infrastructure User Fee.''
---------------------------------------------------------------------------

    Second, the Exchange proposes to establish three new monthly
charges related to connectivity to CBOEdirect. The Exchange provides
member firms with server hardware that enable the firms to connect to
CBOE's two Application Protocol Interfaces (``APIs''): CMI (CBOE Market
Interface) and Financial Information Exchange (``FIX''). Currently,
members do not pay for this service. The Exchange proposes to charge
members a $40 per month ``CMI Application Server'' fee for this
service. In addition, the Exchange proposes to charge members a $40 per
month ``network access port'' charge and a $40 per month ``FIX port''
charge for network hardware the Exchange provides to members for access
to the Exchange's network.
    Lastly, the Exchange provides cabinet space in the CBOE data center
for co-locating member firm network and quoting engine hardware, to
help members meet their need for high performance processing and low
latency. The Exchange proposes to charge a co-location fee of $10 per
``U'' of shelf space (which is equal to 1.75 inches).
Customer Large Trade Discount Program
    The Exchange proposes to amend the Customer Large Trade Discount
program. The Customer Large Trade Discount program provides a discount
in the form of a cap on the quantity of customer contracts that are
assessed transaction fees for CBOE index, ETF and HOLDRs options.\11\
Currently, customer transaction fees are charged only up to the first
7,500 contracts per order in SPX options, only up to the first 5,000
contracts per order in other index options, and only up to the first
3,000 contracts per order in ETF and HOLDRs options. The Exchange
proposes to: (i) Increase the SPX options cap to 10,000 contracts; and
(ii) increase the cap for options on volatility indexes to 7,500
contracts from 5,000 contracts.
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    \11\ See CBOE Fees Schedule, Section 18.
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Miscellaneous, Non-substantive Changes
    The Exchange proposes two non-substantive clean-up changes to its
Fees Schedule, as reflected in Exhibit 5. The Exchange proposes to
delete a sentence from Footnote 7 of the Fees Schedule relating to a
cabinet fee as the Exchange recently eliminated that fee.\12\ The
Exchange also proposes to delete a sentence in Footnote 17 of the Fees
Schedule relating to a fee waiver that is due to expire on December 31,
2007.\13\
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    \12\ See Securities Exchange Act Release No. 56937 (December 10,
2007), 72 FR 71465 (December 17, 2007).
    \13\ See Securities Exchange Act Release No. 56852 (November 28,
2007), 72 FR 68226 (December 4, 2007).
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\14\ in general, and furthers the objectives of Section 6(b)(4)
\15\ of the Act in particular, in that it is designed to provide for
the equitable allocation of reasonable dues, fees, and other charges
among CBOE members and other persons using its facilities.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(4).

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition that is not necessary or appropriate in
furtherance of purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Because the foregoing rule change establishes or changes a due,
fee, or other charge imposed by the Exchange, it has become effective
pursuant to Section 19(b)(3)(A) of the Act \16\ and subparagraph (f)(2)
of Rule 19b-4 \17\ thereunder. At any time within 60 days of the filing
of the proposed rule change, the Commission may summarily abrogate 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.\18\
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    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(2).
    \18\ For purposes of calculating the 60-day abrogation period,
the Commission considers the proposed rule change to have been filed
on January 10, 2008, the date CBOE filed Amendment No. 1.
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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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-CBOE-2007-150 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2007-150. This file
number should be included on the subject line if e-mail 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 Web site (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 inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the CBOE. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2007-150 and should be
submitted on or before February 20, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-1596 Filed 1-29-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: April 9, 2010 (Volume 75, Number 68)]
[Rules and Regulations]
[Page 18055]
[DOCID:fr09ap10-5]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-1017]
RIN 1625-AA11

Regulated Navigation Areas; Bars Along the Coasts of Oregon and
Washington; Correction

Correction

    In rule document 2010-4769 beginning on page 10687 in the issue of
Tuesday, March 9, 2010, make the following correction:

Sec. 165.1325  [Corrected]

    1. On page 10688, in Sec. 165.1325, in the first column, in
paragraph (a)(12) ``43[deg]38[min]35[sec] N.,
24[deg]14[min]25[sec]W.''should read, ``43[deg]38[min]35[sec] N.,
124[deg]14[min]25[sec]W.''

[FR Doc. C1-2010-4769 Filed 4-8-10; 8:45 am]
BILLING CODE 1505-01-D