[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Notices]
[Pages 66447-66451]
[FR Doc No: 2019-26192]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2001-10578; FMCSA-
2002-11426; FMCSA-2002-12844; FMCSA-2003-15892; FMCSA-2003-16241;
FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2008-0231; FMCSA-2009-0054;
FMCSA-2009-0154; FMCSA-2011-0124; FMCSA-2011-0142; FMCSA-2011-26690;
FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2013-0029;
FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0168;
FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2014-0297; FMCSA-2014-0298;
FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0071;
FMCSA-2015-0072; FMCSA-2017-0019]

Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces its decision to renew exemptions for 77
individuals from the vision requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these individuals to continue to
operate CMVs in interstate commerce without meeting the vision
requirements in one eye.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before January
3, 2020.

ADDRESSES: You may submit comments identified by the Federal Docket
Operations Docket No. FMCSA-1999-5578, Docket No. FMCSA-1999-5748,
Docket No. FMCSA-2001-10578, Docket No. FMCSA-2002-11426, Docket No.
FMCSA-2002-12844, Docket No. FMCSA-2003-15892, Docket No. FMCSA-2003-
16241, Docket No. FMCSA-2005-21711, Docket No. FMCSA-2005-22194, Docket
No. FMCSA-2008-0231, Docket No. FMCSA-2009-0054, Docket No. FMCSA-2009-
0154, Docket No. FMCSA-2011-0124, Docket No. FMCSA-2011-0142, Docket
No. FMCSA-2011-26690, Docket No. FMCSA-2013-0025, Docket No. FMCSA-
2013-0027, Docket No. FMCSA-2013-0028, Docket No. FMCSA-2013-0029,
Docket No. FMCSA-2013-0030, Docket No. FMCSA-2013-0165, Docket No.
FMCSA-2013-0166, Docket No. FMCSA-2013-0168, Docket No. FMCSA-2013-
0169, Docket No. FMCSA-2013-0170, Docket No. FMCSA-2014-0297, Docket
No. FMCSA-2014-0298, Docket No. FMCSA-2015-0055, Docket No. FMCSA-2015-
0056, Docket No. FMCSA-2015-0070, Docket No. FMCSA-2015-0071, Docket
No. FMCSA-2015-0072, or Docket No. FMCSA-2017-0019, using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Operations; 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.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

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

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2001-10578;
FMCSA-2002-11426; FMCSA-2002-12844; FMCSA-2003-15892; FMCSA-2003-16241;
FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2008-0231; FMCSA-2009-0054;
FMCSA-2009-0154; FMCSA-2011-0124; FMCSA-2011-0142; FMCSA-2011-26690;
FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2013-0029;
FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-2013-0168;
FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2014-0297; FMCSA-2014-0298;
FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-2015-0071;
FMCSA-2015-0072; or FMCSA-2017-0019), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. 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,
put the docket number, FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2001-
10578; FMCSA-2002-11426; FMCSA-2002-12844; FMCSA-2003-15892; FMCSA-
2003-16241; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2008-0231; FMCSA-
2009-0054; FMCSA-2009-0154; FMCSA-2011-0124; FMCSA-2011-0142; FMCSA-
2011-26690; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-
2013-0029; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-
2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2014-0297; FMCSA-
2014-0298; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-
2015-0071; FMCSA-2015-0072; or FMCSA-2017-0019, in the keyword box, and
click ``Search.'' When the new screen appears, click on the ``Comment
Now!'' button and type your comment into the text box on the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit.
    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.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket number, FMCSA-1999-5578; FMCSA-1999-5748; FMCSA-2001-
10578; FMCSA-2002-11426; FMCSA-2002-12844; FMCSA-2003-15892; FMCSA-
2003-16241; FMCSA-2005-21711; FMCSA-2005-22194; FMCSA-2008-0231; FMCSA-
2009-0054; FMCSA-2009-0154; FMCSA-2011-0124; FMCSA-2011-0142; FMCSA-
2011-26690; FMCSA-2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-
2013-0029; FMCSA-2013-0030; FMCSA-2013-0165; FMCSA-2013-0166; FMCSA-
2013-0168; FMCSA-2013-0169; FMCSA-2013-0170; FMCSA-2014-0297; FMCSA-
2014-0298; FMCSA-2015-0055; FMCSA-2015-0056; FMCSA-2015-0070; FMCSA-
2015-0071; FMCSA-2015-0072; or FMCSA-2017-0019, in the keyword box, and
click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in

the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-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 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to drive a CMV if that person has distant visual acuity of at
least 20/40 (Snellen) in each eye without corrective lenses or visual
acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.
    The 77 individuals listed in this notice have requested renewal of
their exemptions from the vision standard in Sec.  391.41(b)(10), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable 2-year period.

III. Request for Comments

    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315(b), FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    In accordance with 49 U.S.C. 31136(e) and 31315(b), each of the 77
applicants has satisfied the renewal conditions for obtaining an
exemption from the vision standard (see 64 FR 27027; 64 FR 40404; 64 FR
51568; 64 FR 66962; 66 FR 53826; 66 FR 63289; 66 FR 66966; 67 FR 10471;
67 FR 19798; 67 FR 68719; 68 FR 2629; 68 FR 52811; 68 FR 61857; 68 FR
61860; 68 FR 64944; 68 FR 69434; 68 FR 75715; 69 FR 19611; 70 FR 48797;
70 FR 53412; 70 FR 57353; 70 FR 61165; 70 FR 61493; 70 FR 67776; 70 FR
72689; 70 FR 74102; 71 FR 646; 72 FR 62897; 72 FR 64273; 72 FR 71998;
73 FR 46973; 73 FR 54888; 74 FR 11988; 74 FR 21427; 74 FR 37295; 74 FR
48343; 74 FR 53581; 74 FR 60021; 74 FR 62632; 74 FR 65846; 76 FR 29026;
76 FR 34136; 76 FR 44652; 76 FR 49528; 76 FR 53708; 76 FR 55463; 76 FR
61143; 76 FR 64169; 76 FR 64171; 76 FR 70210; 76 FR 70215; 76 FR 75942;
76 FR 75943; 76 FR 78729; 78 FR 20376; 78 FR 24798; 78 FR 27281; 78 FR
30954; 78 FR 34141; 78 FR 34143; 78 FR 41188; 78 FR 41975; 78 FR 46407;
78 FR 47818; 78 FR 52602; 78 FR 56986; 78 FR 62935; 78 FR 63302; 78 FR
63307; 78 FR 64274; 78 FR 64280; 78 FR 65032; 78 FR 66099; 78 FR 67452;
78 FR 67454; 78 FR 67460; 78 FR 67462; 78 FR 68137; 78 FR 76395; 78 FR
77778; 78 FR 77780; 78 FR 77782; 78 FR 78477; 79 FR 4803; 79 FR 63211;
79 FR 69985; 80 FR 2471; 80 FR 8927; 80 FR 33007; 80 FR 37718; 80 FR
44188; 80 FR 48411; 80 FR 50917; 80 FR 59225; 80 FR 59230; 80 FR 62161;
80 FR 63869; 80 FR 67472; 80 FR 67476; 80 FR 67481; 80 FR 70060; 81 FR
1284; 81 FR 11642; 81 FR 15404; 81 FR 16265; 82 FR 18818; 82 FR 32919;
82 FR 35043; 82 FR 47295; 82 FR 47312; 82 FR 47313; 83 FR 2306; 83 FR
3861). They have submitted evidence showing that the vision in the
better eye continues to meet the requirement specified at Sec.
391.41(b)(10) and that the vision impairment is stable. In addition, a
review of each record of safety while driving with the respective
vision deficiencies over the past 2 years indicates each applicant
continues to meet the vision exemption requirements. These factors
provide an adequate basis for predicting each driver's ability to
continue to drive safely in interstate commerce. Therefore, FMCSA
concludes that extending the exemption for each renewal applicant for a
period of 2 years is likely to achieve a level of safety equal to that
existing without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of December
and are discussed below. As of December 3, 2019, and in accordance with
49 U.S.C. 31136(e) and 31315(b), the following 34 individuals have
satisfied the renewal conditions for obtaining an exemption from the
vision requirement in the FMCSRs for interstate CMV drivers (64 FR
40404; 64 FR 66962; 66 FR 63289; 67 FR 68719; 68 FR 2629; 68 FR 52811;
68 FR 61860; 68 FR 64944; 70 FR 48797; 70 FR 61165; 70 FR 61493; 70 FR
67776; 72 FR 64273; 73 FR 46973; 73 FR 54888; 74 FR 11988; 74 FR 21427;
74 FR 37295; 74 FR 48343; 74 FR 53581; 74 FR 62632; 76 FR 29026; 76 FR
34136; 76 FR 44652; 76 FR 49528; 76 FR 53708; 76 FR 55463; 76 FR 61143;
76 FR 64171; 76 FR 70215; 78 FR 20376; 78 FR 24798; 78 FR 27281; 78 FR
30954; 78 FR 34141; 78 FR 34143; 78 FR 41188; 78 FR 41975; 78 FR 46407;
78 FR 47818; 78 FR 52602; 78 FR 56986; 78 FR 63307; 78 FR 64280; 78 FR
68137; 78 FR 77782; 78 FR 78477; 79 FR 63211; 79 FR 69985; 80 FR 2471;
80 FR 8927; 80 FR 33007; 80 FR 37718; 80 FR 44188; 80 FR 48411; 80 FR
50917; 80 FR 59225; 80 FR 59230; 80 FR 62161; 80 FR 63869; 80 FR 67472;
80 FR 67476; 81 FR 1284; 81 FR 11642; 81 FR 15404; 82 FR 18818; 82 FR
32919; 82 FR 35043; 82 FR 47295; 82 FR 47312; 82 FR 47313; 83 FR 2306;
83 FR 3861):

Thomas E. Adams (IN)
Rickie L. Boone (NC)
Jerry A. Bordelon (LA)
Rickie L. Brown (MS)
Timothy V. Burke (CO)
James E. Byrnes (MO)
Westcott G. Clarke (MA)
Joseph Coelho (RI)
Kevin R. Cowger (ID)
Jeffrey M. Dauterman (OH)
Edward J. Genovese (IN)
Nirmal S. Gill (CA)
Britt A. Green (ND)
Bradley O. Hart (UT)
Dennis H. Heller (KS)
Jesus J. Huerta (NV)
Darrell W. Knorr (IL)
Dale R. Knuppel (CO)
Carmelo A. Lana (NJ)
Michael Lancette (WI)
Keith A. Lang (TX)
Larry W. Lunde (WA)
Rodney M. Mimbs (GA)
Michael A. Mitchell (MS)
Dennis L. Morgan (WA)
James A. Parker (PA)
Chris A. Ritenour (MI)
Steven L. Roberts (AR)
Derek J. Savko (MT)
Manjinder Singh (WA)
Wesley C. Slattery (KS)
Mark R. Stevens (IA)
Daniel R. Viscaya (NC)
Paul B. Williams (NY)

    The drivers were included in docket numbers FMCSA-1999-5748; FMCSA-
2002-12844; FMCSA-2003-15892; FMCSA-2005-21711; FMCSA-2008-0231; FMCSA-
2009-0054; FMCSA-2009-0154; FMCSA-2011-0124; FMCSA-2011-0142; FMCSA-
2013-0025; FMCSA-2013-0027; FMCSA-2013-0028; FMCSA-2013-0029; FMCSA-
2013-0030; FMCSA-2013-

0165; FMCSA-2014-0297; FMCSA-2014-0298; FMCSA-2015-0055; FMCSA-2015-
0056; FMCSA-2015-0070; FMCSA-2015-0071; and FMCSA-2017-0019. Their
exemptions are applicable as of December 3, 2019, and will expire on
December 3, 2021.
    As of December 5, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (76 FR 64169; 76 FR 75943; 78 FR
62935; 78 FR 65032; 78 FR 76395; 80 FR 67481; 83 FR 2306):

Kevin G. Clem (SD)
Rocky J. Lachney (LA)
Chase L. Larson (WA)
Fred L. Stotts (OK)

    The drivers were included in docket numbers FMCSA-2011-26690; and
FMCSA-2013-0166. Their exemptions are applicable as of December 5,
2019, and will expire on December 5, 2021.
    As of December 6, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (70 FR 57353; 70 FR 72689; 72 FR
62897; 74 FR 60021; 76 FR 70210; 78 FR 66099; 80 FR 67481; 83 FR 2306):

Thomas C. Meadows (NC)
Scott A. Tetter (IL)
Richard P. Stanley (MA)
David A. Morris (TX)

    The drivers were included in docket number FMCSA-2005-22194. Their
exemptions are applicable as of December 6, 2019, and will expire on
December 6, 2019.
    As of December 15, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following nine individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (80 FR 70060; 81 FR 16265; 83 FR
2306):

Ricky A. Bray (AR)
Michael D. Judy (KS)
Joel H. Kohagen (IA)
Kelly K. Kremer (OR)
Edward R. Lockhart (MS)
Rodolfo Martinez (TX)
Tobias G. Olsen (ND)
Gregory A. Woodward (OR)
Alton R. Young (MS)

    The drivers were included in docket number FMCSA-2015-0072. Their
exemptions are applicable as of December 15, 2019, and will expire on
December 15, 2019.
    As of December 17, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following three individuals have satisfied the
renewal conditions for obtaining an exemption from the vision
requirement in the FMCSRs for interstate CMV drivers (78 FR 62935; 78
FR 76395; 80 FR 67481; 83 FR 2306):

Herbert R. Benner (ME); Henry D. Smith (NC); and Kolby W. Strickland
(WA)

    The drivers were included in docket number FMCSA-2013-0166. Their
exemptions are applicable as of December 17, 2019, and will expire on
December 17, 2021.
    As of December 22, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following individual has satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (76 FR 49528; 76 FR 61143; 78 FR
67460; 80 FR 67481; 83 FR 2306):

Robert E. Morgan, Jr. (GA)

    The driver was included in docket number FMCSA-2011-0142. The
exemption is applicable as of December 22, 2019, and will expire on
December 22, 2021.
    As of December 24, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following nine individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (78 FR 63302; 78 FR 64274; 78 FR
77778; 78 FR 77780; 80 FR 67481; 83 FR 2306):

Ernest J. Bachman (PA)
Eugene R. Briggs (MI)
Bradley R. Dishman (KY)
Thomas G. Gholston (MS)
Chad A. Miller (IA)
Kerry R. Powers (IN)
Robert Thomas (PA)
Herman D. Truewell (FL)
Janusz K. Wis (IL)

    The drivers were included in docket numbers FMCSA-2013-0168; and
FMCSA-2013-0169. Their exemptions are applicable as of December 24,
2019, and will expire on December 24, 2021.
    As of December 27, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following nine individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (64 FR 27027; 64 FR 51568; 66 FR
53826; 66 FR 63289; 66 FR 66966; 67 FR 10471; 67 FR 19798; 68 FR 64944;
68 FR 69434; 69 FR 19611; 70 FR 48797; 70 FR 53412; 70 FR 57353; 70 FR
61493; 70 FR 67776; 70 FR 72689; 70 FR 74102; 74 FR 60021; 76 FR 75942;
78 FR 67452; 80 FR 67481; 83 FR 2306):

Stanley E. Elliott (UT)
Elmer E. Gockley (PA)
Randall B. Laminack (TX)
Robert W. Lantis (MT)
Eldon Miles (IN)
Neal A. Richard (LA)
Rene R. Trachsel (OR)
Kendle F. Waggle, Jr. (IN)
DeWayne Washington (NC)

    The drivers were included in docket numbers FMCSA-1999-5578; FMCSA-
2001-10578; FMCSA-2002-11426; FMCSA-2005-21711; and FMCSA-2005-22194.
Their exemptions are applicable as of December 27, 2019, and will
expire on December 27, 2021.
    As of December 31, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following three individuals have satisfied the
renewal conditions for obtaining an exemption from the vision
requirement in the FMCSRs for interstate CMV drivers (68 FR 61857; 68
FR 75715; 71 FR 646; 72 FR 71998; 74 FR 65846; 76 FR 78729; 78 FR
67454; 78 FR 67462; 79 FR 4803; 80 FR 67481; 83 FR 2306):

Martiniano L. Espinosa (FL); Dustin K. Heimbach (PA); and Lonnie Lomax,
Jr. (IL)

    The drivers were included in docket numbers FMCSA-2003-16241; and
FMCSA-2013-0170. Their exemptions are applicable as of December 31,
2019, and will expire on December 31, 2021.

V. Conditions and Requirements

    The exemptions are extended subject to the following conditions:
(1) Each driver must undergo an annual physical examination (a) by an
ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the requirements in 49 CFR 391.41(b)(10),
and (b) by a certified medical examiner (ME), as defined by Sec.
390.5, who attests that the driver is otherwise physically qualified
under Sec.  391.41; (2) each driver must provide a copy of the
ophthalmologist's or optometrist's report to the ME at the time of the
annual medical examination; and (3) each driver must provide a copy of
the annual medical certification to the employer for retention in the
driver's qualification file or keep a copy of his/her driver's
qualification if he/her is self-employed. The driver must also have a
copy of the exemption when driving, for presentation to a duly
authorized Federal, State, or local enforcement official. The exemption
will be rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with

the goals and objectives of 49 U.S.C. 31136(e) and 31315(b).

VI. Preemption

    During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with this exemption with
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the 77 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the vision
requirement in Sec.  391.41(b)(10), subject to the requirements cited
above. In accordance with 49 U.S.C. 31136(e) and 31315(b), each
exemption will be valid for two years unless revoked earlier by FMCSA.

    Issued on: November 26, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-26192 Filed 12-3-19; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Notices]
[Pages 58563-58564]
[FR Doc No: 2018-25289]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AC19-22-000]

Dominion Energy Transmission, Inc.; Notice of Filing

    Take notice that on November 13, 2018, Dominion Energy
Transmission, Inc. filed a request for approval to use Account 439,
authorized by the Financial Accounting Standards Board.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies

of the protest or intervention to the Federal Energy Regulatory
Commission, 888 First Street NE, Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the website that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
[email protected], or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comments: 5 p.m. Eastern Time on December 4, 2018.

    Dated: November 14, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-25289 Filed 11-19-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 28 (Friday, February 9, 2018)]
[Rules and Regulations]
[Pages 5707-5710]
[FR Doc No: 2018-02139]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-9559; Airspace Docket No. 16-ACE-11]

Amendment of Class D and E Airspace for the Following Missouri
Towns; Cape Girardeau, MO; St. Louis, MO; and Macon, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class D airspace at Spirit of St. Louis
Airport, St. Louis, MO; Class E airspace designated as a surface area
at Cape Girardeau Regional Airport, Cape Girardeau, MO, and Spirit of
St. Louis Airport; Class E airspace designated as an extension at Cape
Girardeau Regional Airport; and Class E airspace extending upward from
700 feet above the surface at Cape Girardeau Regional Airport, Spirit
of St. Louis Airport, and Macon-Fower Memorial Airport, Macon, MO.
Cancellation of standard instrument approach procedures at these
airports prompted the FAA to conduct a review of the airspace.
Additionally, the name of Cape Girardeau Regional Airport (formerly
Cape Girardeau Municipal Airport) and the geographic coordinates of St.
Louis Regional Airport; Alton/St. Louis, IL; the OBLIO Locator Outer
Marker (LOM); and the Macon-Fower Memorial Airport are being adjusted
to coincide with the FAA's aeronautical database. The airspace
designation for Macon-Fower, MO, in Class E airspace extending upward
from 700 feet above the surface is being removed as it is a duplicate
entry of the Macon, MO, airspace designation.

DATES: Effective 0901 UTC, May 24, 2018. The Director of the Federal
Register approves this incorporation by reference action under Title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, 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 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://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 amends Class D airspace at Spirit of St. Louis Airport, St.
Louis, MO; Class E airspace designated as a surface area at Cape
Girardeau Regional Airport and Spirit of St. Louis Airport; Class E
airspace designated as an extension at Cape Girardeau Regional Airport;
and Class E airspace extending upward from 700 feet above the surface
at Cape Girardeau Regional Airport, Spirit of St. Louis Airport, and
Macon-Fower Memorial Airport, Macon, MO, to support IFR operations at
these airports.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (82 FR 28426; June 22, 2017) for Docket No. FAA-2016-9559 to
modify Class D airspace at Spirit of St. Louis Airport, St. Louis, MO;
Class E airspace designated as a surface area at Cape Girardeau
Regional Airport and Spirit of St. Louis Airport; Class E airspace
designated as an extension at Cape Girardeau Regional Airport; and
Class E airspace extending upward from 700 feet above the surface at
Cape Girardeau Regional Airport, Spirit of St. Louis Airport, and
Macon-Fower Memorial Airport, Macon, MO. Interested parties were
invited to participate in this rulemaking effort by submitting written
comments on the proposal to the FAA. No comments were received.
    Subsequent to publication, the FAA discovered that the geographic
coordinates for the St. Louis Lambert International runway 24, 12R, and
30L localizers were omitted in the Class E airspace extending upward
from 700 feet above the surface at St. Louis, MO. These facilities and
geographic coordinates have been included in the airspace description
in this action. The Spirit of St. Louis localizer has also been
correctly named the Spirit of St. Louis Runway 26L Localizer to
correspond with the FAA's aeronautical database. Additionally, in the
airspace description of Class E airspace extending upward from 700 feet
or more above the surface for Lambert-St. Louis International Airport,
the reciprocal bearing (259[deg] vice 079[deg]) from the Spirit of St.
Louis localizer was listed incorrectly and has been corrected in this
action. Also, the state referencing St Louis Regional Airport is
corrected from MO to IL.
    Finally, to comply with a recent change to FAA Order 7400, 2L,
Procedures for Handling Airspace Matters, this action amends the
headers to the city and state only and removes the names of the cities
that precede the airport name.
    Except for the changes noted above, this rule is the same as
published in the NPRM.
    Class D and E airspace designations are published in paragraph
5000, 6002, 6004 and 6005, respectively, of FAA Order 7400.11B, dated
August 3, 2017, and effective September 15, 2017, 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.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 modifies:
    Class D airspace at Cape Girardeau Regional Airport (formerly Cape
Girardeau Municipal Airport) by updating the name of the airport to
coincide with the FAA's aeronautical database;
    Class D airspace to within a 4.4-mile radius (increased from a 4.3-
mile radius) at Spirit of St. Louis Airport, St. Louis, MO, adding an
extension within 1 mile each side of the 079[deg] bearing from the
airport extending from the 4.4-mile radius to 4.6 miles east of the
airport, adjusts the extension west of the airport to within 1 mile
each side of the 259[deg] bearing (previously 258[deg]) from the
airport extending from the 4.4-mile radius to 4.6 miles west of the
airport, and updates the header of the airspace description to St.
Louis, MO (previously St. Louis, Spirit of St. Louis Airport, MO) to
comply with FAA Order 7400.2L;
    Class E airspace designated as a surface area at Cape Girardeau
Regional Airport (formerly Cape Girardeau Municipal Airport) by adding
the vertical limits from the surface to and including 2,800 feet,
adding the part time language to the description, and updating the name
of the airport to coincide with the FAA's aeronautical database;
    Class E airspace designated as a surface area to within a 4.4-mile
radius (increased from a 4.3-mile radius) at Spirit of St. Louis
Airport, St. Louis, MO, adding an extension to within 1 mile each side
of the 079[deg] bearing from the airport extending from the 4.4-mile
radius to 4.6 miles east of the airport, adding an extension within 1
mile each side of the 259[deg] bearing from the airport extending from
the 4.4-mile radius to 4.6 miles west of the airport, and updating the
header of the airspace description to St. Louis, MO (previously St.
Louis, Spirit of St. Louis Airport, MO) to comply with FAA Order
7400.2L;
    Class E airspace designated as an extension to Class E surface area
at Cape Girardeau Regional Airport (formerly Cape Girardeau Municipal
Airport), Cape Girardeau, MO, by adding an extension 1 mile each side
of the 023[deg] bearing from the airport from the 4.1-mile radius of
the airport to 4.4 miles to the north of the airport, adjusting the
extension to the east of the airport to within 1 mile (decreased from
2.6 miles) each side of the 108[deg] bearing from the Cape Girardeau
Regional Localizer (previously the Cape Girardeau VOR/DME) from the
4.1-mile radius to 4.4 miles east of the airport, adjusting the
extension to the south of the airport to within 2.4 miles (previously
2.6 miles) each side of the 196[deg] (previously 194[deg]) radial of
the Cape Girardeau VOR/DME from the 4.1-mile radius of the airport
extending to 7.2 miles (increased from 5.7 miles), adjusting the
extension west of the airport to within 1 mile (decreased from 2.6
miles) each side of the 287[deg] (previously 279[deg]) radial from the
Cape Girardeau VOR/DME from the 4.1-mile radius to 4.4 miles (decreased
from 7.4 miles) west of the airport, and updating the name of the
airport to coincide with the FAA's aeronautical database;
    Class E airspace areas extending upward from 700 feet above the
surface:
    At Cape Girardeau Regional Airport, Cape Girardeau, MO, by adding
an extension to the north of the airport within 2 miles each side of
the 203[deg]

bearing from the airport from the 6.6-mile radius of the airport to 7.3
miles, adjusting the extension to the east to within 3.8 miles
(increased from 2.5 miles) each side of the 108[deg] bearing from the
Cape Girardeau Localizer (previously from the Cape Girardeau VOR/DME)
extending from the 6.6-mile radius to 14 miles (increased from 8.7
miles), adjusting the extension to the south of the airport to within
2.4 miles (reduced from 3 miles) each side of the 196[deg] radial
(previously 194[deg]) from the Cape Girardeau VOR/DME from the 6.6-mile
radius to 7.2 miles (decreased from 10 miles) south of the airport,
adding an extension within 1.9 miles each side of the 023[deg] bearing
from the airport from the 6.6-mile radius of the airport to 7.5 miles
south of the airport, adjusting the extension to the west of the
airport to within 2 miles (reduced from 3 miles) each side of the
280[deg] (previously 279[deg]) bearing from the airport (previously the
Cape Girardeau VOR/DME) extending from the 6.6-mile radius to 7.4 miles
(decreased from 8.7 miles) west of the airport, and updating the name
of the airport to coincide with the FAA's aeronautical database;
    By removing the Class E airspace areas extending upward from 700
feet above the surface at Macon-Fower, MO, as it is a duplicate entry
of the Macon, MO, Class E airspace areas extending upward from 700 feet
above the surface;
    Within a 6.7-mile radius (increased from a 6.5-mile radius) of
Macon-Fower Memorial Airport, Macon, MO, and updating the geographic
coordinates of the airport to coincide with the FAA's aeronautical
database.
    And within a 6.9-mile radius (increased from a 6.8-mile radius) of
the Spirit of St. Louis Airport, St. Louis, MO, adding an extension 4.2
miles north and 6.4 miles south of the 079[deg] bearing from the Spirit
of St. Louis Runway 26L Localizer extending from the 6.6-mile radius of
the airport to 11.3 miles east of the Spirit of St. Louis Runway 26L
Localizer, adding an extension within 2.5 miles each side of the
079[deg] bearing from the airport from the 6.9-mile radius to 8.1 miles
east of the airport, adjusting the extension to the west of the airport
to within 3.9 miles each side of the 259[deg] (previously 258[deg])
bearing from the airport extending from the 6.9-mile radius to 10.6
miles west of the airport, removing an extension west of the airport
referencing the Foristell VORTAC, removing the Foristell VORTAC from
the description, and updating the geographic coordinates for St. Louis
Regional Airport, Alton/St. Louis, IL, and the OBLIO LOM to coincide
with the FAA's aeronautical database.
    This action also makes an editorial change in the airspace
description for Class D and Class E airspace designated as a surface
area replacing Airport/Facility Directory with the current term Chart
Supplement.
    Lastly, to comply with recent changes to FAA Order 7400.2L, this
action removes the city name from the airport name in the airspace
designations for Spirit of St. Louis Airport, St. Louis Regional
Airport, Lambert-St. Louis International Airport, and St. Charles
County Smartt Airport to comply with FAA Order 7400.2L.
    Airspace reconfiguration is necessary due to the cancellation of
standard instrument approach procedures at these airports, and for the
safety and the management of IFR operations.

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 only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 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 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 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017, and
effective September 15, 2017, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

ACE MO D Cape Girardeau, MO [Amended]

Cape Girardeau Regional Airport, MO
    (Lat. 37[deg]13'31'' N, long. 89[deg]34'15'' W)

    That airspace extending upward from the surface to and including
2,800 feet within a 4.1-mile radius of Cape Girardeau Regional
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.
* * * * *

ACE MO D St. Louis, MO [Amended]

Spirit of St. Louis Airport, MO
    (Lat. 38[deg]39'44'' N, long. 90[deg]39'07'' W)

    That airspace extending upward from the surface to and including
3,000 feet within a 4.4-mile radius of Spirit of St. Louis Airport,
and within 1 mile each side of the 079[deg] bearing from the airport
extending from the 4.4-mile radius to 4.6 miles east of the airport,
and within 1 mile each side of the 259[deg] bearing from the airport
extending from the 4.4-mile radius to 4.6 miles west of the airport,
excluding that airspace within the St. Louis, MO Class B airspace
area. This Class D airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective dates and times will thereafter be continuously published
in the Chart Supplement.

Paragraph 6002 Class E Surface Airspace.

* * * * *

ACE MO E2 Cape Girardeau, MO [Amended]

Cape Girardeau Regional Airport, MO
    (Lat. 37[deg]13'31'' N, long. 89[deg]34'15'' W)

    That airspace extending upward from the surface to and including
2,800 feet within a 4.1-mile radius of the Cape Girardeau Regional
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.
* * * * *

ACE MO E2 St. Louis, MO [Amended]

Spirit of St. Louis Airport, MO
    (Lat. 38[deg]39'44'' N, long. 90[deg]39'07'' W)

    That airspace extending upward from the surface to and including
3,000 feet within a 4.4-mile radius of Spirit of St. Louis Airport,
and within 1 mile each side of the 079[deg] bearing from the airport
extending from the 4.4-mile radius to 4.6 miles east of the airport,
and within 1 mile each side of the 259[deg] bearing from the airport
extending from the 4.4-mile radius to 4.6 miles west of the airport,
excluding that airspace within the St. Louis, MO Class B airspace
area. This Class E airspace area is effective during the specific
dates and times established in advance by a Notice to Airmen. The
effective dates and times will thereafter be continuously published
in the Chart Supplement.

Paragraph 6004 Class E Airspace Designated as an Extension to Class
E Surface Area.

* * * * *

ACE MO E4 Cape Girardeau, MO [Amended]

Cape Girardeau Regional Airport, MO
    (Lat. 37[deg]13'31'' N, long. 89[deg]34'15'' W)
Cape Girardeau Regional Localizer
    (Lat. 37[deg]13'18'' N, long. 89[deg]33'25'' W)
Cape Girardeau VOR/DME
    (Lat. 37[deg]13'39'' N, long. 89[deg]34'21'' W)

    That airspace extending upward from the surface within 1 mile
each side of the 023[deg] bearing from the airport extending from
the 4.1-mile radius to 4.4 miles north of the airport, and within 1
mile each side of the 108[deg] bearing from the Cape Girardeau
Localizer extending from the 4.1-mile radius to 4.4 miles east of
the airport, and within 2.4 miles each side of the 196[deg] radial
of the Cape Girardeau VOR/DME extending from the 4.1-mile radius of
the airport to 7.2 miles south of the airport, and within 1 mile
each side of the 287[deg] radial of the Cape Girardeau VOR/DME
extending from the 4.1-mile radius of the airport to 4.4 miles west
of the airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ACE MO E5 Cape Girardeau, MO [Amended]

Cape Girardeau Regional Airport, MO
    (Lat. 37[deg]13'31'' N, long. 89[deg]34'15'' W)
Cape Girardeau Regional Localizer
    (Lat. 37[deg]13'18'' N, long. 89[deg]33'25'' W)
Cape Girardeau VOR/DME
    (Lat. 37[deg]13'39'' N, long. 89[deg]34'21'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of the airport, and within 1.9 miles each
side of the 023[deg] bearing from the airport extending from the
6.6-mile radius to 7.3 miles north of the airport, and within 3.8
miles each side of the 108[deg] bearing from the Cape Girardeau
Localizer extending from the 6.6-mile radius to 14 miles east of the
airport, and within 2.4 miles each side of the 196[deg] radial of
the Cape Girardeau VOR/DME extending from the 6.6-mile radius to 7.2
miles south of the airport, and within 2 miles each side of the
203[deg] bearing from the airport from the 6.6-mile radius to 7.5
miles south of the airport, and within 2 miles each side of the
280[deg] bearing from the airport extending from the 6.6-mile radius
to 7.4 miles west of the airport.
* * * * *

ACE MO E5 Macon-Fower, MO [Removed]

* * * * *

ACE MO E5 Macon, MO [Amended]

Macon-Fower Memorial Airport, MO
    (Lat. 39[deg]43'47'' N, long. 92[deg]27'24'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of Macon-Fower Memorial Airport.
* * * * *

ACE MO E5 St. Louis, MO [Amended]

Lambert-St. Louis International Airport, MO
    (Lat. 38[deg]44'55'' N, long. 90[deg]22'12'' W)
Spirit of St. Louis Airport, MO
    (Lat. 38[deg]39'44'' N, long. 90[deg]39'07'' W)
St. Louis Regional Airport, IL
    (Lat. 38[deg]53'24'' N, long. 90[deg]02'46'' W)
St. Charles County Smartt Airport, MO
    (Lat. 38[deg]55'47'' N, long. 90[deg]25'48'' W)
St. Louis Lambert International Runway 24 Localizer
    (Lat. 38[deg]44'44'' N, long. 90[deg]23'04'' W)
St. Louis Lambert International Runway 12R Localizer
    (Lat. 38[deg]44'10'' N, long. 90[deg]20'36'' W)
St. Louis Lambert International Runway 30L Localizer
    (Lat. 38[deg]45'44'' N, long. 90[deg]22'56'' W)
St. Louis VORTAC
    (Lat. 38[deg]51'38'' N, long. 90[deg]28'57'' W)
ZUMAY LOM
    (Lat. 38[deg]47'17'' N, long. 90[deg]16'44'' W)
OBLIO LOM
    (Lat. 38[deg]48'01'' N, long. 90[deg]28'29'' W)
Spirit of St. Louis Runway 26L Localizer
    (Lat. 38[deg]39'26'' N, long. 90[deg]39'48'' W)
Civic Memorial NDB
    (Lat. 38[deg]53'32'' N, long. 90[deg]03'23'' W)

    That airspace extending upward from 700 feet above the surface
within a 7.1-mile radius of Lambert-St. Louis International Airport,
and within 4 miles southeast and 7 miles northwest of the Lambert-
St. Louis International Airport Runway 24 ILS Localizer course
extending from the airport to 10.5 miles northeast of the ZUMAY LOM,
and within 4 miles southwest and 7.9 miles northeast of the Lambert-
St. Louis International Airport Runway 12R ILS Localizer course
extending from the airport to 10.5 miles northwest of the OBLIO LOM,
and within 4 miles southwest and 7.9 miles northeast of the Lambert-
St. Louis International Airport Runway 30L ILS localizer course
extending from the airport to 8.7 miles southeast of the airport,
and within a 6.9-mile radius of Spirit of St. Louis Airport, and
within 2.5 miles each side of the 079[deg] bearing from the Spirit
of St. Louis Airport extending from the 6.9-mile radius of the
airport to 8.1 miles east of the airport, and within 4.2 miles north
and 6.4 miles south of the 079[deg] bearing from the Spirit of St.
Louis Runway 26L Localizer extending from the 6.9-mile radius of the
Spirit of St. Louis Airport to 11.3 miles east of the Spirit of St.
Louis Runway 26L Localizer, and within 3.9 miles each side of the
259[deg] bearing from the Spirit of St. Louis Airport extending from
the 6.9-mile radius of the airport to 10.6 miles west of the
airport, and within a 6.4-mile radius of St. Charles County Smartt
Airport, and within a 6.9-mile radius of St. Louis Regional Airport,
and within 4 miles each side of the 014[deg] bearing from the Civic
Memorial NDB extending from the 6.9-mile radius of St. Louis
Regional Airport to 7 miles north of the airport, and within 4.4
miles each side of the 190[deg] radial of the St. Louis VORTAC
extending from 2 miles south of the VORTAC to 22.1 miles south of
the VORTAC.

    Issued in Fort Worth, Texas, on January 29, 2018.
Christopher L. Southerland,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-02139 Filed 2-8-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Rules and Regulations]
[Pages 17683-17685]
[FR Doc No: 2015-07591]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Rules
and Regulations

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0187]
RIN 1625-AA00

Safety Zone; Sellwood Bridge Construction, Willamette River,
Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone in Portland, OR.
This safety zone is necessary to ensure the safety of the maritime
public and construction crews during construction of the Sellwood
Bridge by prohibiting unauthorized persons and vessels from entering
the regulated area unless authorized by the Sector Columbia River
Captain of the Port or his designated representatives.

DATES: This rule is effective without actual notice from April 2, 2015
until June 10, 2015. For the purposes of enforcement, actual notice
will be used from the date the rule was signed, March 19, 2015, through
April 2, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0187]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Ken Lawrenson, Waterways Management Division, Marine
Safety Unit Portland, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Cheryl Collins, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest''. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because to do so would be impracticable.
Based on the date on which notice of construction was given, a notice
and comment period could not be held before the need for the safety
zone restrictions, which will go into effect March 19, 2015.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because the work will commence and
vessel movements in this area need to be restricted during the period
of construction, which commences immediately.

B. Basis and Purpose

    Coast Guard Captains of the Port are granted authority to establish
safety zones in 33 CFR 1.05-1(f) for safety and environmental purposes
as described in 33 CFR part 165.
    The construction of bridges creates hazardous conditions for both
the maritime public and the construction crews because of crane barges
positioned within the temporary navigation channel of the river, anchor
lines protruding outward from the barges, falling debris, and the
suspension of heavy loads over the waterway. A safety zone is necessary
to restrict vessel movement and reduce traffic going under the bridge
during these critical lifts to ensure the safety of the maritime public
and construction crews.

C. Discussion of the Rule

    The rule establishes a Safety Zone in the Thirteenth Coast Guard
District.
    The safety zone created by this rule will cover all waters bank to
bank of the Willamette River encompassed within chart 18528 starting at
a line drawn from 45[deg]27'57'' N/122[deg]40'04'' W then east to
45[deg]27'57'' N/122[deg]39'51'' W then south to 45[deg]27'47'' N/
122[deg]39'44'' W then west to 45[deg]27'47'' N/122[deg]40'04'' W then
north to 45[deg]27'57''N/122[deg]40'04'' W.
    The rule will be enforced while construction is underway.
Construction is currently scheduled to take place from March 19, 2015
through 6:00 p.m. on April 2, 2015 and again starting at 7:00 a.m. on
May 15, 2015 through 6:00 p.m. on May 27, 2015. The Coast Guard will
notify mariners of any changes to the construction schedule and
enforcement of this safety zone via a Broadcast Notice to Mariners and
Local Notice to Mariners. This rule has been enforced with actual
notice since March 19, 2015.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard has made this determination based on the fact that
the safety zone created by this rule is small in size, and vessels may
still transit

through the area at a reduced speed of five miles per hour.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule may affect the following entities some of which may be
small entities: the owners and operators of vessels intending to
operate in the area covered by the safety zone created in this rule.
The safety zone will not have a significant economic impact on a
substantial number of small entities because vessels may still be able
to transit a one hundred thirty eight foot span of the temporary
navigation channel at the center of the river at a reduced speed when
deemed safe by the Captain of the Port or his designated
representative. The Coast Guard has contacted one commercial boat
operator to inform them of the safety zone and discuss the potential
impact of the safety zone on operations. The operator indicated that
impacts on business would be minimal. Additionally, the Coast Guard
ensured the construction contractor contacted the affected small
business entities most likely to be impacted.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. This
rule involves the establishment of a limited access area. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard is
amending 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-19(g), 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T13-0187 to read as follows:

Sec.  165.T13-0187  Safety Zone; Sellwood Bridge Construction,
Willamette River, Portland, OR.

    (a) Safety Zone. The following area is a designated safety zone:
    (1) Location. This safety zone will cover all waters bank to bank
of the Willamette River encompassed within a line drawn from 45[deg]
27'57'' N/122[deg] 40'04'' W then east to 45[deg] 27'57'' N/122[deg]
39'51'' W then south to 45[deg] 27'47'' N/122[deg] 39'44'' W then west
to 45[deg] 27'47'' N/122[deg] 40'04'' W then north to 45[deg] 27'57''
N/122[deg] 40'04'' W.
    (2) Enforcement Period. This safety zone is in effect from March
19, 2015 through June 10, 2015. The rule will be enforced while in
effect based on construction activity and the presence of construction
equipment that create a safety risk to mariners. Based on the current
construction schedule, the rule will be enforced from March 19, 2015 to
6:00 p.m. on April 2, 2015 and again starting at 7:00 a.m. on May 15,
2015 through 6:00 p.m. on May 27, 2015. The Coast Guard will inform
mariners of any change to these periods of enforcement via Broadcast
Notice to Mariners and Local Notice to Mariners.
    (b) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no person may enter or remain in the safety
zone created in this section or bring, cause to be brought, or allow to
remain in the safety zone created in this section any vehicle, vessel,
or object unless authorized by the Captain of the Port or his
designated representative.
    (c) Enforcement. Any Coast Guard commissioned, warrant, or petty
officer may enforce the rules in this section. In the navigable waters
of the United States to which this section applies, when immediate
action is required and representatives of the Coast Guard are not
present or are not present in sufficient force to provide effective
enforcement of this section, any Federal Law Enforcement Officer or
Oregon Law Enforcement Officer may enforce the rules contained in this
section pursuant to 46 U.S.C. 70118. In addition, the Captain of the
Port may be assisted by other federal, state, or local agencies in
enforcing this section.

    Dated: March 19, 2015.
D. J. Travers
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2015-07591 Filed 4-1-15; 8:45 am]
 BILLING CODE 9110-04-P