[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Notices]
[Pages 17640-17642]
[FR Doc No: 2014-06924]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-6480; FMCSA-2001-11426; FMCSA-2003-16241; FMCSA-
2003-16564; FMCSA-2005-22194; FMCSA-2007-0017; FMCSA-2007-0071; FMCSA-
2007-28695; FMCSA-2009-0291; FMCSA-2009-0321; FMCSA-2011-0189; FMCSA-
2011-0324]

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 the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
19 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective April 23, 2014. Comments must be
received on or before March 28, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: Docket No. [Docket No. FMCSA-1999-
6480; FMCSA-2001-11426; FMCSA-2003-16241; FMCSA-2003-16564; FMCSA-2005-
22194; FMCSA-2007-0017; FMCSA-2007-0071; FMCSA-2007-28695; FMCSA-2009-
0291; FMCSA-2009-0321; FMCSA-2011-0189; FMCSA-2011-0324], 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 or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want

acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments online.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System (FDMS) published in the Federal Register on January
17, 2008 (73 FR 3316).

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, 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.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-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 procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 19 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 19 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Lyle H. Banser (WI)
Eric D. Bennett (NH)
Lloyd J. Botsford (MO)
Cary Carn (NJ)
Charley J. Davis (OK)
Derek T. Ford (MD)
Taras G. Hamilton (TX)
Thomas R. Hedden (IL)
Laurent G. Jacques (MA)
Lucio Leal (NE)
Earl R. Mark (IL)
Richard K. Mell (VA)
Douglas A. Mendoza (MD)
Michael R. Moore (MD)
Russell L. Moyers, Sr. (WV)
Danny Rolfe (ME)
Donald Schaeffer (MO)
Michael Watters, Sr. (PA)
Jeffrey T. Zuniga (CT)

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (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 medical examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) that each
individual provides a copy of the ophthalmologist's or optometrist's
report to the medical examiner at the time of the annual medical
examination; and (3) that each individual provide a copy of the annual
medical certification to the employer for retention in the driver's
qualification file and retains a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. 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.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 19 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (64 FR 68195; 65 FR 20251; 67 FR 10471; 67 FR 17102; 67 FR
19798; 68 FR 61857; 68 FR 74699; 68 FR 75715; 69 FR 10503; 69 FR 17267;
69 FR 19611; 70 FR 57353; 70 FR 72689; 71 FR 6825; 71 FR 6829; 71 FR
16410; 71 FR 19604; 72 FR 46261; 72 FR 54972; 72 FR 67340; 72 FR 71993;
73 FR 1395; 73 FR 6242; 73 FR 8392; 73 FR 15254; 73 FR 16950; 74 FR
57553; 74 FR 65842; 75 FR 1835; 75 FR 9478; 75 FR 9482; 75 FR 13653; 75
FR 20881; 76 FR 55465; 76 FR 67246; 77 FR 7234; 77 FR 7657; 77 FR
10604; 77 FR 13689; 77 FR 17115; 77 FR 22059). Each of these 19
applicants has requested renewal of the exemption and has 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.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by April 28, 2014.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 19 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    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.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket numbers FMCSA-1999-6480; FMCSA-
2001-11426; FMCSA-2003-16241; FMCSA-2003-16564; FMCSA-2005-22194;
FMCSA-2007-0017; FMCSA-2007-0071; FMCSA-2007-28695; FMCSA-2009-0291;
FMCSA-2009-0321; FMCSA-2011-0189; FMCSA-2011-0324 and click the search
button. When the new screen appears, click on the blue ``Comment Now!''
button on the right hand side of the page. On the new page, enter
information required including the specific section of this document to
which each comment applies, and provide a reason for each suggestion or
recommendation. If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit comments by
mail and would like to know that they reached the facility, please
enclose a stamped, self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number
FMCSA-1999-6480; FMCSA-2001-11426; FMCSA-2003-16241; FMCSA-2003-16564;
FMCSA-2005-22194; FMCSA-2007-0017; FMCSA-2007-0071; FMCSA-2007-28695;
FMCSA-2009-0291; FMCSA-2009-0321; FMCSA-2011-0189; FMCSA-2011-0324 and
click ``Search.'' Next, click ``Open Docket Folder'' and you will find
all documents and comments related to the proposed rulemaking.

    Dated: March 14, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-06924 Filed 3-27-14; 8:45 a.m.]
BILLING CODE 4910-EX-P


[Federal Register Volume 79, Number 29 (Wednesday, February 12, 2014)]
[Notices]
[Page 8451]
[FR Doc No: 2014-03076]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9906-54-Region-8]

Proposed CERCLA Administrative Settlement Agreement for a Bona
Fide Prospective Purchaser at the Moline Street PCB Site Located in
Aurora, Adams County, Colorado

AGENCY: Environmental Protection Agency.

ACTION: Notice; Request for public comment.

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SUMMARY: In accordance with section 122 (h)(l) of the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA), 42
U.S.C. 9622(h)(l), notice is hereby given of the proposed
Administrative Settlement Agreement for Removal Action by Bona Fide
Prospective Purchaser at the Moline Street PCB Site located in Aurora,
Adams County, Colorado (Site). The proposed Settlement Agreement is
with Hi-Tec Plastics, Incorporated (hereinafter referred to as
``Purchaser'').The Settlement Agreement requires the Purchaser to
perform a portion of the removal action at the property located at 3555
Moline Street, Aurora, Colorado 80010. The remainder of the removal
action selected will be performed by the Dow Chemical Company and is
addressed in a separate administrative order on consent. The Settlement
Agreement includes an EPA covenant not to sue the Purchaser pursuant to
sections 106 and 107(a) of CERCLA, 42 U.S.C. 9606 and 9607(a) for
existing contamination at the Site. For thirty (30) days following the
publication of this notice, the United States will receive written
comments relating to the Settlement Agreement. The United States will
consider all comments received and may modify or withdraw its consent
to the Settlement Agreement if comments received disclose facts or
considerations which indicate that the Settlement Agreement is
inappropriate, improper or inadequate. The United States' response to
any comments received will be available for public inspection at the
EPA Region 8 Records Center located at 1595 Wynkoop Street, Denver,
Colorado 80202-1129, during normal business hours.

DATES: Comments must be submitted on or before March 14, 2014.

ADDRESSES: The proposed Settlement Agreement is also available for
public inspection at the EPA Region 8 Records Center located at 1595
Wynkoop Street, Denver, Colorado 80202-1129, during normal business
hours. A copy of the proposed settlement may be obtained from Scott
Wilder, Enforcement Specialist, 8ENF-RC, U.S. EPA, 1595 Wynkoop Street,
Denver, CO 80202-1129. Scott Wilder can be reached at<PHONE_NUMBER>.
Comments should reference the Moline Street PCB Site, and should be
addressed to Scott Wilder at the address given above.

FOR FURTHER INFORMATION CONTACT: Scott Wilder, 8ENF-RC, U.S. EPA,
Technical Enforcement Program, 1595 Wynkoop Street, Denver, Colorado
80202-1129. Telephone:<PHONE_NUMBER>.

    Dated: January 29, 2014.
Eddie A. Sierra,
Acting Assistant Regional Administrator, U.S. Environmental Protection
Agency, Region 8.
[FR Doc. 2014-03076 Filed 2-11-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 14, 2008 (Volume 73, Number 31)]
[Rules and Regulations]
[Page 8596-8598]
[DOCID:fr14fe08-10]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2007-0278; Airspace Docket No. 07-AEA-18]

Establishment of Class E Airspace; Cranberry Township, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule, request for comments.

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SUMMARY: This action establishes Class E Airspace at Cranberry
Township, PA to support a new Area Navigation (RNAV) Global Positioning
System (GPS) Special Instrument Approach Procedure (IAP) that has been
developed for medical flight operations into the University of
Pittsburgh Medical Center (UPMC) Passavant-Cranberry Heliport. This
action enhances the safety and management of Instrument Flight Rule
(IFR) operations by providing that required controlled airspace to
protect for this approach around Cranberry Township, PA.

DATES: Effective 0901 UTC, June 5, 2008. 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 7400.9 and publication of conforming amendments. Comments for
inclusion in the Rules Docket must be received on or before March 31,
2008.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building, Ground Floor, Room
W12-140, 1200 New Jersey Ave., SE., Washington, DC 20590-0001;
Telephone 1-800-647-5527; Fax:<PHONE_NUMBER>. You must identify the
Docket Number FAA-2007-0278; Airspace Docket No. 07-AEA-18, at the
beginning of your comments. You may also submit and review received
comments through the Internet at http://www.regulations.gov.
    You may review the public docket containing the rule, any comments
received, and any final disposition in person in the Dockets Office
(see ADDRESSES section for address and phone number) between 9 a.m. and
5 p.m., Monday through Friday, except Federal Holidays.
    An informal docket may also be examined during normal business
hours at the office of the Eastern Service Center, Federal Aviation
Administration, Room 210, 1701 Columbia Avenue, College Park, Georgia
30337.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, System Support Group,
Eastern Service Center, Federal Aviation Administration, P.O. Box
20636, Atlanta, GA 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse
or negative comments, and, therefore, issues it as a direct final rule.
The FAA has determined that this rule only involves an established body
of

technical regulations for which frequent and routine amendments are
necessary to keep them operationally current. Unless a written adverse
or negative comment or a written notice of intent to submit an adverse
or negative comment is received within the comment period, the
regulation will become effective on the date specified above. After the
close of the comment period, the FAA will publish a document in the
Federal Register indicating that no adverse or negative comments were
received and confirming the effective date. If the FAA receives, within
the comment period, an adverse or negative comment, or written notice
of intent to submit such a comment, a document withdrawing the direct
final rule will be published in the Federal Register, and a notice of
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was
not preceded by a notice of proposed rulemaking, interested persons are
invited to comment on this rule by submitting such written data, views,
or arguments as they may desire. An electronic copy of this document
may be downloaded from and comments may be submitted and reviewed at
http://www.regulations.gov. Recently published rulemaking documents can
also be accessed through the FAA's Web page at http://www.faa.gov or
the Federal Register's Web page at http://www.gpoaccess.gov/fr/
index.html. Communications should identify both docket numbers and be
submitted in triplicate to the address specified under the caption
ADDRESSES above or through the Web site. All communications received on
or before the closing date for comments will be considered, and this
rule may be amended or withdrawn in light of the comments received.
    Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. Factual information that supports
the commenter's ideas and suggestions is extremely helpful in
evaluating the effectiveness of this action and determining whether
additional rulemaking action would be needed. All comments submitted
will be available, both before and after the closing date for comments,
in the Rules Docket for examination by interested persons. Those
wishing the FAA to acknowledge receipt of their comments submitted in
response to this rule must submit a self-addressed, stamped postcard on
which the following statement is made: ``Comments to Docket No. FAA-
2007-0278; Airspace Docket No. 07-AEA-18.'' The postcard will be date
stamped and returned to the commenter.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 establishes Class E airspace at Cranberry Township, PA
providing the controlled airspace required to support the new Copter
Area Navigation (RNAV) Global Positioning System (GPS) 304 Point in
Space (PinS) approach developed for the UPMC Passavant-Cranberry
Heliport. In today's environment where speed of treatment for medical
injuries is imperative, landing sites have been developed for
helicopter medical Lifeguard flights or Lifeflights at the local
hospitals. Controlled airspace extending upward from 700 feet Above
Ground Level (AGL) is required for Instrument Flight Rules (IFR)
operations and to encompass all Instrument Approach Procedures (IAPs)
to the extent practical. Therefore, the FAA is amending part 71 of
Title 14, Code of Federal Regulations (14 CFR part 71) to establish a
6-mile radius Class E5 airspace at Cranberry Township, PA. Designations
for Class E airspace areas extending upward from 700 feet or more above
the surface of the Earth are published in FAA Order 7400.9R, signed
August 15, 2007 effective September 15, 2007, which is incorporated by
reference in 14 CFR 71.1. The Class E designations listed in this
document will be published subsequently in the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government. Therefore, it is
determined that this final rule does not have federalism implications
under Executive Order 13132.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore, (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    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 establishes controlled airspace near the UPMC Passavant-Cranberry
Heliport in Cranberry Township, PA.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment:

0
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(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 Federal Aviation
Administration Order 7400.9R, Airspace Designations and Reporting
Points, signed August 15, 2007, effective September 15, 2007, is
amended as follows:

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

* * * * *

AEA PA E5 Cranberry Township, PA [NEW]

UPMC Passavant-Cranberry Heliport
    (Lat. 40[deg]41[min]01[sec] N., Long. 80[deg]05[min]50[sec] W.)
Point in Space Coordinates
    (Lat. 40[deg]40[min]20[sec] N., Long. 80[deg]05[min]10[sec] W.)

    That airspace extending upward from 700 feet above the surface
of the Earth within a

6-mile radius of the Point in Space Coordinates (Lat.
40[deg]40[min]20[sec] N., Long. 80[deg]05[min]10[sec] W.) serving
the UPMC Passavant-Cranberry Heliport.
* * * * *

    Issued in College Park, Georgia, on January 30, 2008.
Barry A. Knight,
Acting Manager, System Support Group, Eastern Service Center.
[FR Doc. 08-616 Filed 2-13-08; 8:45 am]

BILLING CODE 4910-13-M