[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Notices]
[Pages 2314-2317]
[FR Doc No: 2019-01259]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1998-3637; FMCSA-2000-7006; FMCSA-2001-10578; FMCSA-
2002-12432; FMCSA-2002-12844; FMCSA-2004-19477; FMCSA-2005-23238;
FMCSA-2006-26066; FMCSA-2008-0266; FMCSA-2008-0340; FMCSA-2010-0082;
FMCSA-2010-0201; FMCSA-2010-0287; FMCSA-2010-0327; FMCSA-2010-0354;
FMCSA-2010-0385; FMCSA-2012-0040; FMCSA-2012-0337; FMCSA-2012-0339;
FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2014-0298; FMCSA-2014-0299;
FMCSA-2014-0300; FMCSA-2016-0207; FMCSA-2016-0210; FMCSA-2016-0212]

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 52
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 March 8,
2019.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System (FDMS) Docket No. FMCSA-1998-3637; FMCSA-2000-7006;
FMCSA-2001-10578; FMCSA-2002-12432; FMCSA-2002-12844; FMCSA-2004-19477;
FMCSA-2005-23238; FMCSA-2006-26066; FMCSA-2008-0266; FMCSA-2008-0340;
FMCSA-2010-0082; FMCSA-2010-0201; FMCSA-2010-0287; FMCSA-2010-0327;
FMCSA-2010-0354; FMCSA-2010-0385; FMCSA-2012-0040; FMCSA-2012-0337;
FMCSA-2012-0339; FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2014-0298;
FMCSA-2014-0299; FMCSA-2014-0300; FMCSA-2016-0207; FMCSA-2016-0210;
FMCSA-2016-0212 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.,
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    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 Services, telephone<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-1998-3637; FMCSA-2000-7006; FMCSA-2001-10578;
FMCSA-2002-12432; FMCSA-2002-12844; FMCSA-2004-19477; FMCSA-2005-23238;
FMCSA-2006-26066; FMCSA-2008-0266; FMCSA-2008-0340; FMCSA-2010-0082;
FMCSA-2010-0201; FMCSA-2010-0287; FMCSA-2010-0327; FMCSA-2010-0354;
FMCSA-2010-0385; FMCSA-2012-0040; FMCSA-2012-0337; FMCSA-2012-0339;
FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2014-0298; FMCSA-2014-0299;
FMCSA-2014-0300; FMCSA-2016-0207; FMCSA-2016-0210; FMCSA-2016-0212),
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-1998-3637; FMCSA-2000-7006; FMCSA-2001-
10578; FMCSA-2002-12432; FMCSA-2002-12844; FMCSA-2004-19477; FMCSA-
2005-23238; FMCSA-2006-26066; FMCSA-2008-0266; FMCSA-2008-0340; FMCSA-
2010-0082; FMCSA-2010-0201; FMCSA-2010-0287; FMCSA-2010-0327; FMCSA-
2010-0354; FMCSA-2010-0385; FMCSA-2012-0040; FMCSA-2012-0337; FMCSA-
2012-0339; FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2014-0298; FMCSA-
2014-0299; FMCSA-2014-0300; FMCSA-2016-0207; FMCSA-2016-0210; FMCSA-
2016-0212, 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-1998-3637; FMCSA-2000-7006; FMCSA-2001-
10578; FMCSA-2002-12432; FMCSA-2002-12844; FMCSA-2004-19477; FMCSA-
2005-23238; FMCSA-2006-26066; FMCSA-2008-0266; FMCSA-2008-0340; FMCSA-
2010-0082; FMCSA-2010-0201; FMCSA-2010-0287; FMCSA-2010-0327; FMCSA-
2010-0354; FMCSA-2010-0385; FMCSA-2012-0040; FMCSA-2012-0337; FMCSA-
2012-0339; FMCSA-2014-0007; FMCSA-2014-0010; FMCSA-2014-0298; FMCSA-
2014-0299; FMCSA-2014-0300; FMCSA-2016-0207; FMCSA-2016-0210; FMCSA-
2016-0212, 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 Management Facility 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, FMCSA may grant an exemption
for five years if it finds that 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 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 52 individuals listed in this notice have requested renewal of
their exemptions from the vision standard in 49 CFR 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 two-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, FMCSA will take immediate steps to revoke the
exemption of a driver.

IV. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than five years from its approval date and may be renewed upon
application. FMCSA grants exemptions from the vision standard for a
two-year period to align with the maximum duration of a driver's
medical certification. In accordance with 49 U.S.C. 31136(e) and 31315,
each of the 52 applicants has satisfied the renewal conditions for
obtaining an exemption from the vision standard (see 63 FR 30285; 63 FR
54519; 65 FR 20245; 65 FR 57230; 65 FR 77069; 66 FR 53826; 66 FR 66966;
67 FR 54525; 67 FR 57266; 67 FR 68719; 67 FR 71610; 68 FR 2629; 68 FR
8794; 68 FR 69434; 69 FR 52741; 69 FR 64806; 69 FR 64810; 69 FR 71100;
70 FR 2705; 70 FR 8659; 70 FR 74102; 71 FR 5105; 71 FR 19600; 71 FR
53489; 71 FR 63379; 71 FR 66217; 72 FR 1051; 72 FR 1054; 72 FR 1056; 72
FR 5489; 73 FR 11989; 73 FR 36955; 73 FR 51336; 73 FR 51689; 73 FR
63047; 73 FR 74565; 73 FR 75803; 73 FR 76439; 73 FR 78423; 74 FR 980;
74 FR 6207; 74 FR 6209; 75 FR 13653; 75 FR 25919; 75 FR 36779; 75 FR
39729; 75 FR 52062; 75 FR 54958; 75 FR 64396; 75 FR 65057; 75 FR 69737;
75 FR 70078; 75 FR 72863; 75 FR 77942; 75 FR 77949; 75 FR 79081; 75 FR
79083; 75 FR 79084; 76 FR 1499; 76 FR 2190; 76 FR 4413; 76 FR 4414; 76
FR 5425; 76 FR 8809; 77 FR 17107; 77 FR 23799; 77 FR 33558; 77 FR
38384; 77 FR 40946; 77 FR 52389; 77 FR 64582; 77 FR 68200; 77 FR 68202;
77 FR 70534; 77 FR 70537; 77 FR 74273; 77 FR 74733; 77 FR 74734; 77 FR
75496; 78 FR 797; 78 FR 798; 78 FR 1919; 78 FR 9772; 78 FR 12813; 78 FR
12817; 79 FR 18391; 79 FR 35218; 79 FR 38659; 79 FR 46300; 79 FR 51643;
79 FR 53514; 79 FR 56104; 79 FR 59357; 79 FR 64001; 79 FR 65759; 79 FR
65760; 79 FR 69985; 79 FR 72756; 79 FR 73397; 79 FR 73686; 79 FR 73687;
79 FR 74169; 80 FR 603; 80 FR 2473; 80 FR 3305; 80 FR 3308; 80 FR 3723;
80 FR 5615; 80 FR 8927; 80 FR 9304; 80 FR 18693; 81 FR 70248; 81 FR
72664; 81 FR 80161; 81 FR 81230; 81 FR 86063; 81 FR 90046; 81 FR 94013;
81 FR 96165; 81 FR 96180; 82 FR 12683; 82 FR 13048). They have
submitted evidence showing that the vision in the better eye continues
to meet the requirement specified at 49 CFR 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 two 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 two 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, the following
groups of drivers received renewed exemptions in the month of February
and are discussed below. As of February 5, 2019, and in accordance with
49 U.S.C. 31136(e) and 31315, the following 32 individuals have
satisfied the renewal conditions for obtaining an exemption from the
vision requirement in the FMCSRs for interstate CMV drivers (63 FR
30285; 63 FR 54519; 65 FR 20245; 65 FR 57230; 65 FR 77069; 66 FR 53826;
66 FR 66966; 67 FR 57266; 67 FR 71610; 68 FR 69434; 69 FR 52741; 69 FR
64806; 69 FR 64810; 70 FR 2705; 70 FR 74102; 71 FR 5105; 71 FR 19600;
71 FR 53489; 71 FR 63379; 71 FR 66217; 72 FR 1051; 72 FR 1056; 73 FR
11989; 73 FR 36955; 73 FR 51336; 73 FR 51689; 73 FR 63047; 73 FR 74565;
73 FR 75803; 73 FR 76439; 73 FR 78423; 74 FR 6209; 75 FR 13653; 75 FR
25919; 75 FR 36779; 75 FR 39729;

75 FR 52062; 75 FR 54958; 75 FR 64396; 75 FR 65057; 75 FR 69737; 75 FR
70078; 75 FR 72863; 75 FR 77949; 75 FR 79081; 75 FR 79083; 75 FR 79084;
76 FR 1499; 76 FR 2190; 76 FR 4413; 77 FR 17107; 77 FR 38384; 77 FR
40946; 77 FR 52389; 77 FR 64582; 77 FR 68200; 77 FR 68202; 77 FR 70537;
77 FR 74273; 77 FR 74733; 77 FR 74734; 77 FR 75496; 78 FR 797; 79 FR
18391; 79 FR 35218; 79 FR 38659; 79 FR 46300; 79 FR 51643; 79 FR 53514;
79 FR 56104; 79 FR 59357; 79 FR 64001; 79 FR 65759; 79 FR 65760; 79 FR
69985; 79 FR 72756; 79 FR 73397; 79 FR 73686; 79 FR 73687; 79 FR 74169;
80 FR 603; 80 FR 3305; 80 FR 8927; 80 FR 9304; 81 FR 70248; 81 FR
72664; 81 FR 80161; 81 FR 81230; 81 FR 86063; 81 FR 90046; 81 FR 94013;
81 FR 96165; 81 FR 96180; 82 FR 12683; 82 FR 13048):

Kurtis A. Anderson (SD)
Terry L. Anderson (PA)
Ricky J. Childress (AL)
Bryan K. DeBorde (WA)
Roger P. Dittrich (IL)
Craig E. Dorrance (MT)
David L. Dykman (ID)
Ricky L. Gillum (KY)
Johnny J. Gowdy (MS)
Harold J. Haier (NY)
Ronald Holshouser (MO)
Timothy L. Kelly (TX)
Lewis A. Kielhack (IL)
John N. Lanning (CA)
Bruce T. Loughary (AR)
Samson B. Margison (OH)
Joe A. McIlroy (NY)
Charles J. Morman (FL)
Timothy W. Nappier (MI)
David J. Nocton (MN)
Edward P. Paloskey (PA)
Monte L. Purciful (IN)
Kevin L. Quastad (IA)
Antonio Rivera (PA)
Carl W. Russell (OK)
Randal C. Schmude (WI)
Ronald B. Shafer (MI)
Ranjodh Singh (CA)
James D. St. Peter (NC)
Lee F. Taylor (NJ)
David J. Triplett (KY)
David L. Von Hagen (IA)

    The drivers were included in docket numbers FMCSA-1998-3637; FMCSA-
2000-7006; FMCSA-2001-10578; FMCSA-2004-19477; FMCSA-2005-23238; FMCSA-
2006-26066; FMCSA-2008-0266; FMCSA-2008-0340; FMCSA-2010-0082; FMCSA-
2010-0201; FMCSA-2010-0287; FMCSA-2010-0327; FMCSA-2010-0354; FMCSA-
2014-0007; FMCSA-2014-0010; FMCSA-2014-0298; FMCSA-2014-0299; FMCSA-
2016-0207; FMCSA-2016-0210; FMCSA-2016-0212. Their exemptions are
applicable as of February 5, 2019, and will expire on February 5, 2021.
    As of February 7, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315, Thomas J. Boss (IL) has satisfied the renewal conditions for
obtaining an exemption from the vision requirement in the FMCSRs for
interstate CMV drivers (67 FR 68719; 68 FR 2629; 69 FR 71100; 72 FR
1054; 74 FR 980; 76 FR 4414; 78 FR 798; 80 FR 5615; 82 FR 13048).
    The driver was included in docket number FMCSA-2002-12844. The
exemption is applicable as of February 7, 2019, and will expire on
February 7, 2021.
    As of February 11, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (77 FR 70534; 78 FR 9772; 80 FR
3308; 82 FR 13048):

Douglas Eamens (NY);
Johnie Reed (VA)

    The drivers were included in docket number FMCSA-2012-0337. Their
exemptions are applicable as of February 11, 2019, and will expire on
February 11, 2021.
    As of February 18, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following ten individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (80 FR 2473; 80 FR 18693; 82 FR
13048):

David C. Berger (PA)
Kenneth Dionisi (MI)
Keith A. Looney (AR)
Raymond L. Bradshaw (TX)
Wolfgang K. Faulkingham (ME)
Van C. Mac (IL)
Jeffrey L. Coachman (NY)
Jackie Lee (FL)
Luis Ramos (FL)
Vantha Yeam (PA)

    The drivers were included in docket number FMCSA-2014-0300. Their
exemptions are applicable as of February 18, 2019, and will expire on
February 18, 2021.
    As of February 25, 2019, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following seven individuals have satisfied the renewal
conditions for obtaining an exemption from the vision requirement in
the FMCSRs for interstate CMV drivers (67 FR 54525; 68 FR 8794; 69 FR
64806; 70 FR 2705; 70 FR 8659; 72 FR 1056; 72 FR 5489; 73 FR 51689; 73
FR 63047; 73 FR 76439; 74 FR 6207; 75 FR 77942; 75 FR 79083; 75 FR
79084; 76 FR 5425; 76 FR 8809; 77 FR 23799; 77 FR 33558; 77 FR 75496;
78 FR 1919; 78 FR 12813; 78 FR 12817; 80 FR 3723; 82 FR 13048):

Lester W. Carter (CA)
Jerry W. Parker (OH)
Cameron R. Whitford (NY)
Dennis E. Fisher (NY)
Gary W. Phelps (PA)
Dennis R. O'Dell, Jr. (OK)
Charles D. Reddick (GA)

    The drivers were included in docket number FMCSA-2002-12432; FMCSA-
2004-19477; FMCSA-2008-0266; FMCSA-2010-0385; FMCSA-2012-0040; FMCSA-
2012-0339. Their exemptions are applicable as of February 25, 2019, and
will expire on February 25, 2021.

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, as defined by 49 CFR 390.5,
who attests that the driver is otherwise physically qualified under 49
CFR 391.41; (2) each driver must provide a copy of the
ophthalmologist's or optometrist's report to the Medical Examiner 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.

V. 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 52 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the vision
requirement in 49 CFR 391.41(b)(10), subject to the requirements cited
above. In accordance with 49 U.S.C. 31136(e) and 31315, each

exemption will be valid for two years unless revoked earlier by FMCSA.

    Issued on: January 30, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-01259 Filed 2-5-19; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Notices]
[Page 61283]
[FR Doc No: 2017-27908]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ18-3-000]

Notice of Filing; City of Pasadena, California

    Take notice that on December 13, 2017, City of Pasadena, California
submitted its tariff filing: City of Pasadena 2018 TRBAA Update to be
effective 1/1/2018.
    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 and all the parties in this proceeding.
    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 electronic 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>.
    Comment Date: 5:00 p.m. Eastern Time on January 3, 2018.

    Dated: December 20, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-27908 Filed 12-26-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Notices]
[Pages 7534-7535]
[FR Doc No: 2016-02924]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL16-38-000]

Dominion Energy Marketing, Inc., Dominion Energy Manchester
Street, Inc. v. ISO New England, Inc.; Notice of Complaint

    Take notice that on February 5, 2016, pursuant to sections 206 and
306 of the Federal Power Act \1\ and Rule 206 of the Federal Energy
Regulatory Commission's (Commission) Rules of Practice and Procedure,
18 CFR 385.206 (2015), Dominion Energy Marketing, Inc. and Dominion
Energy Manchester Street, Inc. (DEMS) (collectively, Complainants)
filed a formal complaint against ISO New England, Inc. (Respondent)
alleging that Respondent violated its Transmission, Markets and
Services Tariff in preventing new incremental capacity at DEMS'
Manchester Street Station from participating in Respondent's upcoming
Forward Capacity Auction on February 8, 2016 for the 2019-2020 Capacity
Commitment Period, all as more fully explained in the complaint.
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    \1\ 16 U.S.C. 824e and 825e (2012).
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    Dominion certifies that copies of the complaint were served on
contacts for Respondent as listed on the Commission's list of Corporate
Officials.
    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 and 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. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.

    The Commission encourages electronic submission of answers,
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 Web site 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_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on February 25, 2016.

    Dated: February 8, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-02924 Filed 2-11-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Rules and Regulations]
[Pages 35540-35541]
[FR Doc No: 2018-16010]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2018-0291; Airspace Docket No. 18-AGL-10]
RIN 2120-AA66

Amendment of Class E Airspace; Ionia, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action modifies Class E airspace extending upward from
700 feet above the surface at Ionia County Airport, Ionia, MI. This
action as the result of an airspace review due to the decommissioning
of the Lansing VHF omnidirectional range (VOR) navigation aid as part
of the VOR Minimum Operational Network (MON) Program. The geographic
coordinates of the airport are also updated to coincide with the FAA's
aeronautical database.

DATES: Effective 0901 UTC, November 8, 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 E airspace extending upward from 700 feet above the
surface at Ionia County Airport, Ionia, MI, to support instrument
flight rule operations.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (83 FR 18763; April 30, 2018) for Docket No. FAA-2018-0291 to
amend Class E airspace extending upward from 700 feet above the surface
at Ionia County Airport, Ionia, MI. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005 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 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 E airspace extending upward from 700 feet above
the surface to within a 6.5-mile radius (decreased from a 7.4-mile
radius) at Ionia County Airport, Ionia, MI. The geographic coordinates
of the airport are also updated to coincide with the FAA's aeronautical
database.
    This action is necessary due to an airspace review caused by the
decommissioning of the Lansing VOR as part of the VOR MON Program.

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

* * * * *

AGL MI E5 Ionia, MI [Amended]

Ionia County Airport, MI
    (Lat. 42[deg]56'17'' N, long. 85[deg]03'38'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Ionia County Airport.

    Issued in Fort Worth, Texas, on July 19, 2018.
Walter Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2018-16010 Filed 7-26-18; 8:45 am]
BILLING CODE 4910-13-P