[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Rules and Regulations]
[Pages 3111-3114]
[FR Doc No: 2012-1170]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0532]
RIN 1625-AA00

Safety Zone; Export Grain Terminal (EGT), Columbia River,
Longview, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule; request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone around
the Export Grain Terminal located on the Columbia River in Longview,
WA. This safety zone extends to waters of the Columbia River
approximately between the navigable channel and the Export Grain
Terminal in Longview, WA. This safety zone is being implemented to
ensure that protest activities associated with the opening of the
Export Grain Terminal to maritime traffic does not result in hazardous
navigation conditions in the area of the terminal's piers and wharves.

DATES: This rule is effective from 12:01 a.m. on January 23, 2012 until
12:01 a.m. on April 1, 2012. Comments must be received on or before
March 1, 2012.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0532 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0532 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 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
temporary rule, call or email BM1 Sylvestre Suga, Waterways Management
Division, Coast Guard Marine Safety Unit Portland; telephone (503) 240-
9319, email<EMAIL_ADDRESS>If you have questions on viewing
the docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary interim 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 contrary to public
interest because delayed promulgation may result in injury or damage to
the maritime public, vessel crews, the vessels themselves, and law
enforcement personnel from protest activities that could occur prior to
conclusion of a notice and comment period.
    On September 8, 2011, a large protest occurred at the Export Grain
Terminal

(EGT) in which over 200 protestors were arrested for criminal offenses
including assault. These protest activities resulted in damage to rail
cars and the cargo they were carrying. The Longview local International
Longshore and Warehouse Union (ILWU) has also been subject to fines for
contempt of court for engaging in activity that violated a temporary
restraining order. Subsequent protest activities aimed at blocking rail
access to EGT on September 21, 2011 led to further arrests.
    These protest activities arose from a labor dispute between the
ILWU, the Port of Longview, and EGT. The dispute is ongoing and
picketing activity occurs daily at the EGT facility in Longview, WA.
EGT has not yet opened for vessel traffic; however, as recently as
November 5, 2011, the president of the ILWU's Local 21, has threatened
that protest activities will be mounted when the first vessel arrives
to load at EGT's facility.
    The schedule of vessel arrivals at EGT is controlled by a number of
factors over which the Coast Guard has no control. Additionally, these
vessels may be arriving at EGT from foreign ports. Consequently, it is
impracticable for grain-shipment vessel arrival schedules to be changed
or delayed in order to accommodate a notice of proposed rulemaking and
subsequent comment period.
    Due to past protest events, threats of similar protest activity in
the future, and the significant difficulty and impracticality of
changing vessel arrival schedules, the Coast Guard finds it is contrary
to the public interest to delay implementation of this safety zone
during a notice and comment period. Postponing the promulgation creates
a very likely risk that protest activities will threaten safe
navigation and the safety of persons and property on the Columbia and
Snake rivers when vessels begin arriving at EGT, Longview, WA.
    Under 5 U.S.C. 553(d)(3), the Coast Guard also finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register because to do otherwise would be
contrary to the public interest since the protest activities associated
with EGT are unpredictable and potentially volatile and may result in
injury to persons and property. Delaying the effective date until 30
days after publication may mean that grain-shipment vessels will have
arrived or departed the Columbia and Snake Rivers before the end of a
30-day period. This delay would eliminate the safety zone's
effectiveness and usefulness in protecting persons, property, and the
safe navigation of maritime traffic during the transit of grain-
shipment vessels that may arrive or depart before 30 days have elapsed.
    Although the Coast Guard has good cause to issue this temporary
rule without first publishing a proposed rule, you are invited to
submit post-promulgation comments and related material regarding this
rule through March 1, 2012. All comments will be reviewed as they are
received. Your comments will assist us in drafting future rules should
they be necessary, and may result in changes to this temporary interim
rule before it expires. All comments received will be posted, without
change, to http://www.regulations.gov and will include any personal
information you have provided. We have an agreement with the Department
of Transportation (DOT) for their Docket Management Facility to process
online submissions to Coast Guard dockets. You may review the
Department of Transportation's Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477), or you may visit
http://DocketsInfo.dot.gov.

Background and Purpose

    The ILWU, the Port of Longview, WA, and EGT have been engaged in a
labor dispute related to the newly-constructed facility. In addition to
picketing, ILWU members have engaged in protest activities that have
resulted in personal injury and property damage. In particular, a
large-scale protest on September 8, 2011 led to arrests for criminal
offenses. Additionally, protesters blocked the arrival of the first
rail delivery of cargo to the facility. Although the focus of these
protests was ashore, there were some waterborne protest activities on
the waters adjacent to the EGT piers. The area in which this waterborne
protest activity occurred is covered by this safety zone. Although
there was no inherent hazard posed by protest vessels in this area
before the facility opened for maritime traffic, similar activity may
be hazardous for both those protesting and commercial vessel traffic
once the terminal begins receiving vessels.
    The labor dispute continues, as do the protest efforts. As recently
as November 5, 2011, the president of the ILWU's Local 21 threatened
that protest activities, similar to those that occurred upon the
arrival of the first rail shipment, will be mounted when the first
vessel arrives to load at EGT's facility. Once EGT opens for vessel
traffic, grain-shipment vessels will be transiting the Columbia and
Snake Rivers with cargos of various grain products bound for and
departing from EGT at Longview, WA. Based on the past violent protest
activities and the ILWU's stated intent to interfere with the inaugural
vessel arrival at EGT, Longview, WA, the Coast Guard has determined
that a temporary safety zone is required in the area between the
shoreline and the navigable channel where the EGT piers and wharves are
located.
    This safety zone is being implemented to help ensure the safe
navigation of maritime traffic in the area around EGT's piers and
wharves on the Columbia River and that vessels bound for EGT are able
to moor there safely. This safety zone applies equally to all waterway
users and is intended to allow maximal use of the waterway consistent
with safe navigation and to ensure that protestors are not injured by
deep-draft vessels with maneuvering characteristics with which
protesters afloat may be unfamiliar.

Discussion of Rule

    This rule establishes a temporary safety zone around the Export
Grain Terminal located on the Columbia River at the Port of Longview,
WA. The safety zone is enclosed by three lines and the shoreline: line
one starting on the shoreline at 45-06'01'' N/122-56'25'' W then
heading 250 yards offshore to 46-05'55'' N/122-56'30'' W then heading
up river 825 yards to 46-05'46'' N/122-56'00'' W then heading 300 yards
to the shoreline ending at 46-05'54'' N/122-55'53'' W. Geographically
this rule will cover all waters of the Columbia River between the
navigable channel and the Export Grain Terminal in Longview, WA. No
person or vessel may enter or remain in the safety zone unless
authorized by the Captain of the Port, Columbia River or his designated
representatives.
    This rule is effective from 12:01 a.m. on January 23, 2012 until
12:01 a.m. on April 1, 2012.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

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. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). Although this rule will restrict access to the
regulated area, the effect of this rule will not be significant
because: (i) The safety zone is limited in size; (ii) the official on-
scene patrol may authorize access to the safety zone; (iii) the safety
zone will only be effective for a limited geographical location over a
limited duration; and (iv) the Coast Guard will make notifications via
maritime advisories so mariners can adjust their plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
    This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: (i) The
safety zone is limited in size; (ii) the official on-scene patrol may
authorize access to the safety zone; (iii) the safety zone will only be
effective for a limited geographical location over a limited duration;
and (iv) the Coast Guard will make notifications via maritime
advisories so mariners can adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them.
    We believe that this rule and the process by which it was drafted
adhere to the federalism principles outlined in Executive Order 13132.
The Coast Guard has coordinated with the officials from the states of
Oregon and Washington in drafting this rule. By allowing state
enforcement of this rule, it is in accord with paragraph (h) of section
2 of the Executive Order, which encourages recognition of
responsibility of localities and their sub-units to pursue objectives
through their own means. This rule puts no obligation on state or
municipal governments, but simply allows for their participation in
enforcement activities.

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 an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

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.

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.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.

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

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 concluded
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, under figure 2-1,
paragraph (34)(g), of the Instruction. This rule involves the
establishment of a temporary safety zone. An environmental analysis
checklist and a categorical exclusion determination are available in
the docket where indicated under ADDRESSES.

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 amends
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 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T13-201 to read as follows:

Sec.  165.T13-201  Safety Zone; Export Grain Terminal (EGT), Columbia
River, Longview, WA.

    (a) Definitions. As used in this section:
    (1) Federal Law Enforcement Officer means any employee or agent of
the United States government who has the authority to carry firearms
and make warrantless arrests and whose duties involve the enforcement
of criminal laws of the United States.
    (2) Navigable waters of the United States means those waters
defined as such in 33 CFR part 2.
    (3) Navigation Rules means the Navigation Rules, International-
Inland.
    (4) Official Patrol means those persons designated by the Captain
of the Port to monitor a grain-shipment vessel safety zone, permit
entry into the zone, give legally enforceable orders to persons or
vessels within the zone and take other actions authorized by the
Captain of the Port. Federal Law Enforcement Officers authorized to
enforce this section are designated as the Official Patrol.
    (5) Public vessel means vessels owned, chartered, or operated by
the United States, or by a State or political subdivision thereof.
    (6) Oregon Law Enforcement Officer means any Oregon Peace Officer
as defined in Oregon Revised Statutes section 161.015.
    (7) Washington Law Enforcement Officer means any General Authority
Washington Peace Officer, Limited Authority Washington Peace Officer,
or Specially Commissioned Washington Peace Officer as defined in
Revised Code of Washington section 10.93.020.
    (b) Location. The following area is a safety zone: All navigable
waters of the United States within the Columbia River Captain of the
Port Zone enclosed by three lines and the shoreline: Line one starting
on the shoreline at 45-06'01'' N/122-56'25'' W then heading 250 yards
offshore to 46-05'55'' N/122-56'30'' W then heading up river 825 yards
to 46-05'46'' N/122-56'00'' W then heading 300 yards to the shoreline
ending at 46-05'54'' N/122-55'53'' W. Geographically this rule will
cover all waters of the Columbia River between the navigable channel
and the Export Grain Terminal in Longview, WA.
    (c) Effective Period. The safety zone created in this section will
be in effect from 12:01 a.m. on January 23, 2012 until 12:01 a.m. on
April 1, 2012. It will be activated for enforcement as described in
paragraph (d) of this section.
    (d) Enforcement Periods. The Captain of the Port Columbia River
will cause notice of the enforcement of this safety zone to be made by
all appropriate means to effect the widest publicity among the affected
segments of the public as practicable, in accordance with 33 CFR 165.7.
Such means of notification may include, but are not limited to,
Broadcast Notices to Mariners or Local Notices to Mariners. The Captain
of the Port Columbia River will issue a Broadcast Notice to Mariners
and Local Notice to Mariners notifying the public when enforcement of
this safety zone is suspended. Upon notice of enforcement by the
Captain of the Port Columbia River, the Coast Guard will enforce this
safety zone in accordance with rules set out in this section. Upon
notice of suspension of enforcement by the Captain of the Port Columbia
River, all persons and vessels are authorized to enter, transit, and
exit the grain-shipment vessel safety zone, consistent with the
Navigation Rules.
    (e) Regulation. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into or movement within this zone is
prohibited unless authorized by the Captain of the Port Columbia River,
the official patrol, or other designated representatives of the Captain
of the Port.
    (2) To request authorization to enter or operate within this safety
zone contact the on-scene official patrol on VHF-FM channel 16 or 13.
Authorization will be granted based on the necessity of access and
consistent with safe navigation.
    (3) Vessels authorized to enter or operate within this safety zone
shall operate at the minimum speed necessary to maintain a safe course
and shall proceed as directed by the on-scene official patrol. The
Navigation Rules shall apply at all times within this safety zone.
    (f) Exemption. Public vessels as defined in paragraph (a) of this
section are exempt from complying with paragraph (e) of this section.
    (g) 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,
Oregon Law Enforcement Officer, or Washington 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.
    (h) Waiver. The Captain of the Port Columbia River may waive any of
the requirements of this section for any vessel or class of vessels
upon finding that operational conditions or other circumstances are
such that application of this section is unnecessary or impractical for
the purpose of port safety or environmental safety.

    Dated: January 6, 2012.
B. C. Jones,
Captain, U. S. Coast Guard, Captain of the Port, Columbia River.
[FR Doc. 2012-1170 Filed 1-20-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 25 (Monday, February 7, 2022)]
[Notices]
[Page 6938]
[FR Doc No: 2022-02512]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2010-0033]

New Jersey Transit's Request To Amend Its Positive Train Control
Safety Plan and Positive Train Control System

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of availability and request for comments.

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SUMMARY: This document provides the public with notice that, on January
14, 2022, New Jersey Transit (NJT) submitted a request for amendment
(RFA) to its FRA-approved Positive Train Control Safety Plan (PTCSP).
As this RFA may involve a request for FRA's approval of proposed
material modifications to an FRA-certified positive train control (PTC)
system, FRA is publishing this notice and inviting public comment on
the railroad's RFA to its PTCSP.

DATES: FRA will consider comments received by February 28, 2022. FRA
may consider comments received after that date to the extent
practicable and without delaying implementation of valuable or
necessary modifications to a PTC system.

ADDRESSES:
    Comments: Comments may be submitted by going to https://www.regulations.gov and following the online instructions for
submitting comments.
    Instructions: All submissions must include the agency name and the
applicable docket number. The relevant PTC docket number for this host
railroad is Docket No. FRA-2010-0033. For convenience, all active PTC
dockets are hyperlinked on FRA's website at https://railroads.dot.gov/train-control/ptc/ptc-annual-and-quarterly-reports. All comments
received will be posted without change to https://www.regulations.gov;
this includes any personal information.

FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal,
Train Control, and Crossings Division, telephone:<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION: In general, Title 49 United States Code
(U.S.C.) section 20157(h) requires FRA to certify that a host
railroad's PTC system complies with 49 CFR part 236, subpart I, before
the technology may be operated in revenue service. Before making
certain changes to an FRA-certified PTC system or the associated FRA-
approved PTCSP, a host railroad must submit, and obtain FRA's approval
of, an RFA to its PTCSP under Title 49 Code of Federal Regulations
(CFR) Section 236.1021.
    Under 49 CFR 236.1021(e), FRA's regulations provide that FRA will
publish a notice in the Federal Register and invite public comment in
accordance with 49 CFR part 211, if an RFA includes a request for
approval of a material modification of a signal and train control
system. Accordingly, this notice informs the public that on January 14,
2022, NJT submitted an RFA to its PTCSP for its Advanced Speed
Enforcement System II (ASES II) and that RFA is available in Docket No.
FRA-2010-0033.
    Interested parties are invited to comment on NJT's RFA to its PTCSP
by submitting written comments or data. During FRA's review of this
railroad's RFA, FRA will consider any comments or data submitted within
the timeline specified in this notice and to the extent practicable,
without delaying implementation of valuable or necessary modifications
to a PTC system. See 49 CFR 236.1021; see also 49 CFR 236.1011(e).
Under 49 CFR 236.1021, FRA maintains the authority to approve, approve
with conditions, or deny a railroad's RFA to its PTCSP at FRA's sole
discretion.

Privacy Act Notice

    In accordance with 49 CFR 211.3, FRA solicits comments from the
public to better inform its decisions. DOT posts these comments,
without edit, including any personal information the commenter
provides, to https://www.regulations.gov, as described in the system of
records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov. To facilitate
comment tracking, we encourage commenters to provide their name, or the
name of their organization; however, submission of names is completely
optional. If you wish to provide comments containing proprietary or
confidential information, please contact FRA for alternate submission
instructions.

    Issued in Washington, DC.
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and Technology.
[FR Doc. 2022-02512 Filed 2-4-22; 8:45 am]
BILLING CODE 4910-06-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

ESTABLISHMENT OF SLOT EXEMPTION PROCEEDING

PURSUANT TO 49 U.S.C. § 41718(b)

Docket OST-2000-7182

Docket OST-2000-7187

Docket OST-2000-7155

NOTICE

On July 5, 2000, pursuant to the provisions of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century (AIR-21), the
Department issued Order 2000-7-2, which granted a total of 12 slot
exemptions at Ronald Reagan Washington National Airport (DCA) for
services inside the 1,250-mile perimeter to the following carriers:
American Trans Air, Inc., Midwest Express Airlines, Inc., Spirit
Airlines, Inc., and Midway Airlines Corporation.

Under the provisions of that order, Midwest Express (now Midwest
Airlines) ay was granted two DCA slot exemptions to provide nonstop
service to Raleigh/Durham International Airport, North Carolina Des
Moines, Iowa,.  and Spirit was granted two slot exemptions to serve
either Melbourne, Florida, or Myrtle Beach, South Carolina, and two
other slot exemptions to serve any of the airports in Florida or South
Carolina that Spirit had proposed.  Those included Fort
Lauderdale/Hollywood International Airport (FLL); Southwest Florida
International Airport (RSW) in Fort Myers; Melbourne Regional Airport
(MLB); Palm Beach International Airport (PBI) in West Palm Beach; and
Myrtle Beach International Airport (MYR).

Midway Airlines

By Order 2002-10-33, issued October 25, 2002, the Department withdrew
the two DCA slot exemptions granted to Midway, after finding that the
terms of a Regional Jet Service Agreement between Midway and US Airways
would transfer effective control of those two DCA slot exemptions to US
Airways, an action prohibited by 49 U.S.C. 41714(j).

Spirit Airlines

In order to optimize utilization of valuable slots and slot exemptions,,
under  Federal Aviation Administration (FAA) regulations, slots or slot
exemptions not used at least 80% of the time over a two-month period are
subject to recall by the FAA for non-use.  In the aftermath of
September 11, the FAA suspended the minimum slot usage requirement to
give airlines an opportunity to adjust to changes in the aviation
operating environment and passenger demand  without airlines’ losing
slots or slot exemptions during this period.  On February XX28, 2002,
the FAA extended the suspension of the use-or-lose requirement until
October 27.  Given this extension and that, as of November 1,

 Spirit operated no DCA service, Spirit would have needed to have
initiated full service with its four AIR-21 DCA slot exemptions by
November 14, 2002, in order to meet FAA’s 80 percent minimum slot
useage requirement.  Spirit has not yet instituted any DCA service

On October 17, 2002, by letter to the Department, Spirit requested a
three-and-a-half month extension of the FAA suspension of the
use-it-or-lose-it requirement at DCA.  By letter dated October 24, the
FAA denied Spirit’s request and restated that the usage requirement
would become effective October 27.  In a November 4 response, Spirit
failed to assure the Department, as requested, that it would institute
DCA service in a timely fashion.  Rather, Spirit said that it would like
either to retain the four DCA slot exemptions it holds or to reapply for
these slot exemptions that it has been holding until the FAA had denied
its request for an extension of the use-or-lose requirement.  We
interpret this response to mean that Spirit could not ensure that it
would reinstitute its DCA slot exemptions so as to comply with the
use-or lose requirement and would not object to a withdrawal of the
exemptions so long as it is given the opportunity to reapply for them.
These letters have been placed in Docket OST-2000-7182.

By letter dated May 14, 2004, Midwest informed the Department that due
to recent losses in the market, it planned to discontinue nonstop
service between Des Moines and DCA on June 30, 2004.  It stated that it
was so advising the Department so that we would be able to promptly
reallocate the slot exemptions to another qualifying carrier.

Proceeding

Proceeding

Given theseis developments, the Department will now consider, using the
criteria set forth in 49 U.S.C. § 41718(b), applications from air
carriers using Stage 3 aircraft for the sixtwo slot exemptions formerly
granted to Midway and Spirit Midwest.  Applicants must propose , to
provide nonstop service to DCA from airports that were designated as
small hub or nonhub airports in 19971medium or smaller airports  within
the 1,250-mile perimeter established for civil operations at DCA under
49 U.S.C. § 49109.  Applications should be filed in Docket OST
2000-7182.2

Section 41718(b) of Title 49 U.S.C. establishes certain requirements for
award of these exemptions.  As concerns the small hub or nonhub category
for within-perimeter exemptions, it directs the Secretary to distribute
them in a manner that promotes air transportation: (1) to communities
without existing nonstop air transportation to DCA; (2) to small
communities; (3) that will provide competitive nonstop air
transportation on a monopoly nonstop route to DCA; or (4) that will
produce the maximum competitive benefits, including low fares.3

Completed applications must be submitted by June 24, and comments with
respect to any timely filed request for slot exemptions must be filed by
July 1.

Section 41718(c)(3) requires that all 12 inside-perimeter slot
exemptions be for air transportation to medium hub airports and smaller
and that at least four of the 12 slot exemptions be for air
transportation to small hub airports and nonhub airports.  Since
American Trans Air currently uses four slot exemptions for service to
Chicago’s Midway Airport, a medium hub airport, and Midwest Express
uses two slot exemptions for service to Des Moines, a small hub airport,
at least two of the slot exemptions to be distributed here must be for
service to a small hub or nonhub airport.  The other twofour may be to a
medium hub, a small hub, or a nonhub airport.

Section 41718(b) directs the Secretary to distribute the 12 inside
-perimeter slot exemptions in a manner that promotes air transportation:
(1) by new entrant air carriers and limited incumbent air carriers; (2)
to communities without existing nonstop air transportation to DCA; (3)
to small communities; (4) that will provide competitive nonstop air
transportation on a monopoly nonstop route to DCA; or (5) that will
produce the maximum competitive benefits, including low fares.  A new
entrant air carrier or limited incumbent air carrier is defined as an
air carrier or commuter operator that holds or operates (or held or
operated, since December 16, 1985) fewer than 20 slots and slot
exemptions at DCA.

Completed applications must be submitted by November 27 December 20, and
comments with respect to any timely filed request for slot exemptions
must be filed by  December 11January 6.

As a final matter, we note that Midway’est’s currently allocated
slot times for its nonstop DCA-Raleigh/DurhamDes Moines service are in
the 18000 and 19700 hour periods.  Spirit’s currently allocated slot
times for its DCA service are in the 0900, 1000, 1400, and 1500 hour
periods.  Since 49 U.S.C. §Section 41718(c)(2) does not allow us to
assign more than twothree slot exemptions per one hour period,.  Almost
and most one hour periods all time periods were fully subscribed by the
Department’s Notice dated August May 23, 20004, and, thus, we may not
be able to accommodate carrier requests for alternative slot exemption
times.

We shall serve a copy of this notice on all certificated air carriers,
the Metropolitan Washington Airports Authority, and the Federal Aviation
Administration’s Slot Administration office.

By:

READ C. VAN de WATER KARAN K. BHATIA

Assistant Secretary for Aviation 				       Assistant Secretary for
Aviation

      and International Affairs

Dated:  June 3, 2004December 3, 2002

(SEAL)

An electronic version of this document will be available on the World
Wide Web at:

  HYPERLINK "http://dms.dot.gov/"  http://dms.dot.gov/

 On October 17, 2002, by letter to the Department, Spirit requested a
three-and-a-half month extension of the FAA suspension of the
use-it-or-lose-it requirement at DCA.  By letter dated October 24, the
FAA denied Spirit’s request and restated that the usage requirement
would become effective October 27.  In a November 4 response, Spirit
failed to assure the Department, as requested, that it would institute
DCA service in a timely fashion.  These letters have been placed in
Docket OST-2000-7182.  In any event, in order to meet FAA’s useage
requirement, Spirit would need to have initiated full service with these
exemptions by November 14, 2002.  Spirit has not yet instituted this
service.

1 Definitions of nonhub, small hub, and medium hub airports are provided
under 49 U.S.C. § 41714 (h)(7), (8), and (9).

 Hub or airport definitions are provided under 49 U.S.C. § 41714(h)(7),
(8), and (9).

2 Title 49, U.S.C. § 41718(c)(3), incorporating amendments made by P.L.
108-176 (the Vision 100 – Century of Aviation Reauthorization Act,
“Vision 100”), authorizes the Department to award a total of 20
within-perimeter slot exemptions.  Of these, at least six must be for
air transportation to small hub and nonhub airports. (See section
41718(c)(3)(a)).  At present, these six were awarded and allocated as
follows:  two to Midwest for service to Des Moines in Order 2000-7-2;
two to Comair, Inc. for either Jackson, MS, or Lexington, KY, in Order
2004-4-2; and two to US Airways, Inc. for Asheville, NC, Chattanooga,
TN, or Wilmington, NC, also in Order 2004-4-2. With the impending return
of Midwest’s Des Moines exemptions, the only available category within
which they may be re-awarded is that for small hub or nonhub service.

3 Prior to the amendments made by Vision 100, section 41718(b) had also
included as a criterion for all awards the promotion of air
transportation by new entrant air carriers and limited incumbent air
carriers.  Vision 100 struck that as a criterion for the small hub and
nonhub service category only; it remains in effect for the medium hub
and smaller category, and the “without regard to size” category.
Therefore, the Department will evaluate applications for these two
available slot exemptions without regard to the new entrant/limited
incumbent status of the applicant.

 49 U.S.C. § 41714(h).  In addition, under 49 U.S.C. § 41714(k)
“…an air carrier that operates under the same designator code, or
has or enters into a code-share agreement, with any other air carrier
shall not qualify for a new slot or slot exemption as a new entrant or
limited incumbent air carrier at an airport if the total number of slots
and slot exemptions held by the 2 carriers at the airport exceed 20
slots and slot exemptions.”

 PAGE

 PAGE   3

 PAGE

Served: June 8, 2004  December 6, 2002


[Federal Register: July 29, 2009 (Volume 74, Number 144)]
[Notices]
[Page 37701]
[DOCID:fr29jy09-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL08-48-002]

Braintree Electric Light Department, Hingham Municipal Lighting
Plant, Hull Municipal Lighting Plant, Mansfield Municipal Electric
Department, Middleborough Gas & Electric Department, Taunton Municipal
Light Plant v. ISO New England Inc.; Notice of Filing

July 22, 2009.
    Take notice that on July 17, 2009, the ISO New England, Inc. filed
its Report of Compliance, pursuant to the Commission July 18, 2008
Order, Braintree Light Dept., et al. v. ISO New England Inc., 124 FERC
61,061 (2008) and section 1907 of the Commission's rule of Practice and
Procedure, 18 CFR 385.1907 (2008).
    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 14 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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on August 7, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-17988 Filed 7-28-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Notices]
[Pages 40347-40348]
[FR Doc No: 2011-17137]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 1

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP11-2220-000.
    Applicants: Rockies Express Pipeline LLC.
    Description: Rockies Express Pipeline LLC submits tariff filing per
154.204: Negotiated Rate 2011-06-29 BP and Johnstown to be effective 7/
1/2011.
    Filed Date: 06/29/2011.
    Accession Number: 20110629-5043.
    Comment Date: 5 p.m. Eastern Time on Monday, July 11, 2011.

    Docket Numbers: RP11-2221-000.
    Applicants: Kinder Morgan Interstate Gas Transmission LLC.
    Description: Kinder Morgan Interstate Gas Transmission LLC submits
tariff filing per 154.204: Negotiated Rate 2011-06-29 Mieco, Concord to
be effective 7/1/2011.
    Filed Date: 06/29/2011.
    Accession Number: 20110629-5081.
    Comment Date: 5 p.m. Eastern Time on Monday, July 11, 2011.

    Docket Numbers: RP11-2222-000.
    Applicants: Panhandle Eastern Pipe Line Company, LP.
    Description: Panhandle Eastern Pipe Line Company, LP submits tariff
filing per 154.204: Negotiated Rates--1 to be effective 7/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5053.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 12, 2011.

    Docket Numbers: RP11-2223-000.
    Applicants: Trunkline Gas Company, LLC.
    Description: Trunkline Gas Company, LLC submits tariff filing per
154.204: Negotiated Rates Filing--11 to be effective 7/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5054.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 12, 2011.

    Docket Numbers: RP11-2224-000.
    Applicants: Trunkline LNG Company, LLC.
    Description: Trunkline LNG Company, LLC submits tariff filing per
154.203: Misc. Revenue Surcharge Report 6-30-11 to be effective N/A.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5055.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 12, 2011.

    Docket Numbers: RP11-2225-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: Devon 34694-32 Amendment to Negotiated Rate Agreement
Filing to be effective 7/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5081.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 12, 2011.

    Docket Numbers: RP11-2226-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: ONEOK 34951 to BP 38951 Capacity Release Negotiated Rate
Agreement Filing to be effective 7/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5084.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 12, 2011.

    Docket Numbers: RP11-2227-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: HK 37731 to BP 38952 Capacity Release Negotiated Rate
Agreement Filing to be effective 7/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5087.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 12, 2011.

    Docket Numbers: RP11-2228-000.
    Applicants: Gulf South Pipeline Company, LP.
    Description: Gulf South Pipeline Company, LP submits tariff filing
per 154.204: HK 37731 to Texla 38953 Capacity Release Negotiated Rate
Agreement Filing to be effective 7/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5090.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 12, 2011.

    Docket Numbers: RP11-2229-000.
    Applicants: El Paso Natural Gas Company.
    Description: El Paso Natural Gas Company submits tariff filing per
154.203: Order 587-U Compliance FDD IT to be effective 8/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5109.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 12, 2011.

    Docket Numbers: RP11-2230-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Gulf Crossing Pipeline Company LLC submits tariff
filing per 154.204: Devon K10-8 Amendment to Negotiated Rate Agreement
Filing to be effective 7/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5112.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 12, 2011.

    Docket Numbers: RP11-2231-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Gulf Crossing Pipeline Company LLC submits tariff
filing per 154.204: Antero 2 to Tenaska K204 Capacity Release
Negotiated Rate Agreement Filing to be effective 7/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5113.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 12, 2011.

    Docket Numbers: RP11-2232-000.
    Applicants: Alliance Pipeline L.P.
    Description: Alliance Pipeline L.P. submits tariff filing per
154.204: ACE & PAL Services to be effective 8/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5127.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 12, 2011.

    Docket Numbers: RP11-2233-000.
    Applicants: ANR Pipeline Company.
    Description: ANR Pipeline Company submits tariff filing per
154.203: Operational Purchases and Sales Report Refiling to be
effective N/A.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5145.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 12, 2011.

    Docket Numbers: RP11-2234-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Texas Eastern Transmission, LP submits tariff filing
per 154.403: EPC Aug 2011 Filing to be effective 8/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5167.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 12, 2011.

    Docket Numbers: RP11-2235-000.
    Applicants: Gulfstream Natural Gas System, LLC.
    Description: Gulfstream Natural Gas System, LLC submits tariff
filing per 154.204: GNGS July 1, 2011, Negotiated Rate Agreements to be
effective 7/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5177.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 12, 2011.

    Docket Numbers: RP11-2236-000.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: Natural Gas Pipeline Company of America LLC submits
tariff filing per 154.204: Negotiated Rate Filing--EDF Trading to be
effective 7/1/2011.
    Filed Date: 06/30/2011.

    Accession Number: 20110630-5179.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 12, 2011.

    Docket Numbers: RP11-2237-000.
    Applicants: Wyoming Interstate Company, LLC.
    Description: Wyoming Interstate Company, LLC submits tariff filing
per 154.204: Agreement Update for Anadarko TSA Nos. 41147 and 41153 to
be effective 8/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5190.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 12, 2011.

    Docket Numbers: RP11-2238-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Algonquin Gas Transmission, LLC submits tariff filing
per 154.204: ConEd 2011-07-01 Releases to be effective 7/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5221.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 12, 2011.

    Docket Numbers: RP11-2239-000.
    Applicants: Equitrans, L.P.
    Description: Equitrans, L.P. submits tariff filing per 154.204:
Negotiated Rate Service Agreement Filing to be effective 7/1/2011.
    Filed Date: 06/30/2011.
    Accession Number: 20110630-5231.
    Comment Date: 5 p.m. Eastern Time on Tuesday, July 12, 2011.

    Docket Numbers: RP11-2240-000.
    Applicants: Guardian Pipeline, LLC.
    Description: Guardian Pipeline, LLC submits tariff filing per
154.204: Chevron Amended Agreements to be effective 7/1/2011.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5001.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 13, 2011.

    Docket Numbers: RP11-2241-000.
    Applicants: Gulf States Transmission LLC.
    Description: Gulf States Transmission LLC submits tariff filing per
154.204: Gulf States Transmission LLC Miscellaneous Revisions to Tariff
to be effective 8/1/2011.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5002.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 13, 2011.

    Docket Numbers: RP11-2242-000.
    Applicants: Petal Gas Storage, LLC.
    Description: Petal Gas Storage, LLC submits tariff filing per
154.203: Proxy Group Compliance to be effective 11/2/2010.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5038.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 13, 2011.

    Docket Numbers: RP11-2243-000.
    Applicants: Algonquin Gas Transmission, LLC.
    Description: Algonquin Gas Transmission, LLC submits tariff filing
per 154.204: ConEd 07-01-2011 Release to DTE to be effective 7/1/2011.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5048.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 13, 2011.

    Docket Numbers: RP11-2244-000.
    Applicants: Gulf Crossing Pipeline Company LLC.
    Description: Gulf Crossing Pipeline Company LLC submits tariff
filing per 154.204: BP Energy K37-5 Amendment to Negotiated Rate
Agreement Filing to be effective 7/1/2011.
    Filed Date: 07/01/2011.
    Accession Number: 20110701-5066.
    Comment Date: 5 p.m. Eastern Time on Wednesday, July 13, 2011.

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

    Dated: July 1, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-17137 Filed 7-7-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 7 (Friday, January 10, 2014)]
[Notices]
[Pages 1908-1912]
[FR Doc No: 2014-00231]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2013-0174]

Qualification of Drivers; Exemption Applications; Vision

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

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

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SUMMARY: FMCSA announces receipt of applications from 33 individuals
for exemption from the vision requirement in the Federal Motor Carrier
Safety Regulations. They are unable to meet the vision requirement in
one eye for various reasons. The exemptions would enable these
individuals to operate commercial motor vehicles (CMVs) in interstate
commerce without meeting the prescribed vision requirement in one eye.

DATES: Comments must be received on or before February 10, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2013-0174 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line 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.,
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The 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 on-
line.
    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 grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-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.'' FMCSA can renew exemptions at the end of each
2-year period. The 33 individuals listed in this notice have each
requested such an exemption from the vision requirement in 49 CFR
391.41(b)(10), which applies to drivers of CMVs in interstate commerce.
Accordingly, the Agency will evaluate the qualifications of each
applicant to determine whether granting an exemption will achieve the
required level of safety mandated by statute.

Qualifications of Applicants

Trawn L. Andrews

    Mr. Andrews, age 32, has had amblyopia in his right eye since
birth. The visual acuity in his right eye is 20/50, and in his left
eye, 20/20. Following an examination in 2013, his optometrist noted,
``I certify that, in my medical opinion, this patient has sufficient
vision to operate a commercial motor vehicle.'' Mr. Andrews reported
that he has driven straight trucks for 10 years, accumulating 325,000
miles, and tractor-trailer combinations for 10 years, accumulating
325,000 miles. He holds a Class A Commercial Driver's License (CDL)
from North Carolina. His driving record for the last 3 years shows one
crash, for which he was not cited and to which he did not contribute,
and no convictions for moving violations in a CMV.

Jeffery A. Benoit

    Mr. Benoit, 30, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/15, and in his left eye, 20/
150. Following an examination in 2013, his optometrist noted, ``In my
optometric opinion, Jeffrey [sic] Benoit has sufficient vision to
operate a commercial vehicle.'' Mr. Benoit reported that he has driven
tractor-trailer combinations for 7 years, accumulating 147,000 miles.
He holds a Class A CDL from Vermont. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Norvan D. Brown

    Mr. Brown, 61, has a prosthetic left eye due to a traumatic
incident in 2010. The visual acuity in his right eye is 20/20, and in
his left eye, no light

perception. Following an examination in 2013, his optometrist noted,
``Mr. Brown is a long time self employed [sic] contractor who depends
on his CDL for his livelihood. He has vast experience hauling his
equipment. I believe with this experience and the positive way he has
adapted to his monocular status, he should be granted a CDL or at least
given the opportunity to drive with an instructor to further assess his
ability.'' Mr. Brown reported that he has driven straight trucks for 44
years, accumulating 1.32 million miles, and tractor-trailer
combinations for 40 years, accumulating 600,000 miles. He holds a Class
A CDL from Iowa. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Thomas A. Busacca, Jr.

    Mr. Busacca, 48, has had macular atrophy in his left eye since
birth. The visual acuity in his right eye is 20/20, and in his left
eye, counting fingers. Following an examination in 2013, his
optometrist noted, ``I am of the opinion that Mr. Busacca has
sufficient vision to operate a commercial vehicle.'' Mr. Busacca
reported that he has driven straight trucks for 30 years, accumulating
1.5 million miles, and tractor-trailer combinations for 30 years,
accumulating 1.5 million miles. He holds a Class A CDL from Florida.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

James A. Champion

    Mr. Champion, 56, has had anterior ischemic optic neuropathy in his
left eye since childhood. The visual acuity in his right eye is 20/20,
and in his left eye, 20/100. Following an examination in 2013, his
optometrist noted, ``I believe that James has sufficient vision to
perform the driving tasks that are required of him while operating a
commercial vehicle.'' Mr. Champion reported that he has driven tractor-
trailer combinations for 11.5 years, accumulating 747,500 miles. He
holds a Class A CDL from Washington. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

James C. Colbert

    Mr. Colbert, 63, has complete loss of vision in his left eye due to
a traumatic incident during childhood. The visual acuity in his right
eye is 20/20, and in his left eye, no light perception. Following an
examination in 2013, his ophthalmologist noted, ``It is my opinion that
Mr. Colbert has no ocular disease which should preclude him from
obtaining a commercial driver's license. He essentially is a monocular
patient, and has been one since childhood. He has apparently adapted
quite well to being monocular, and according to him has a 25 year
history as a driver for the City of Tallahassee without ever having an
accident.'' Mr. Colbert reported that he has driven buses for 23 years,
accumulating 3.3 million miles. He holds a Class B CDL from Florida.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Bobby R. Cox

    Mr. Cox, 62, has had a corneal transplant in his left eye since
2001. The visual acuity in his right eye is 20/15, and in his left eye,
20/200. Following an examination in 2013, his optometrist noted,
``Approximately 12 years ago Mr. Cox had a successful corneal
transplant in his left eye . . . I feel Mr. Cox is capable of
continuing to safely drive a commercial vehicle.'' Mr. Cox reported
that he has driven tractor-trailer combinations for 30 years,
accumulating 3,000,000 miles. He holds a Class AM CDL from Tennessee.
His driving record for the last 3 years shows one crash, for which he
was cited, and two convictions for moving violations in a CMV.

Jackie K. Curlin

    Mr. Curlin, 50, has had angle recession glaucoma in his left eye
since 2000. The visual acuity in his right eye is 20/20, and in his
left eye, 20/70. Following an examination in 2013, his ophthalmologist
noted, ``I do feel that Mr. Curlin has adequate and sufficient vision
to drive a commercial vehicle, however, as previously stated, he does
have decreased vision in the left eye from the previous trauma. Nothing
can be done to improve this vision, but under binocular conditions, I
feel he has sufficient vision to operate a commercial vehicle.'' Mr.
Curlin reported that he has driven straight trucks for 13 years,
accumulating 195,000 miles. He holds a Class DMB CDL from Kentucky. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Justin W. Demarchi

    Mr. Demarchi, 36, has had amblyopia and small angle esotropia in
his left eye since childhood. The visual acuity in his right eye is 20/
20, and in his left eye, 20/60. Following an examination in 2013, his
optometrist noted, ``In my opinion, Justin has sufficient visual
acuity, visual fields, and color vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Demarchi reported that
he has driven straight trucks for 19 years, accumulating 228,000 miles,
and tractor-trailer combinations for 19 years, accumulating 9,500
miles. He holds a Class A CDL from Ohio. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Gary Goostree

    Mr. Goostree, 40, has had a macular scar in his right eye since
childhood. The visual acuity in his right eye is 20/400, and in his
left eye, 20/15. Following an examination in 2013, his optometrist
noted, ``Gary Goostree has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Goostree reported
that he has driven straight trucks for 18 years, accumulating 54,000
miles, and tractor-trailer combinations for 18 years, accumulating
54,000. He holds a Class A CDL from Ohio. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Jimmey C. Harris

    Mr. Harris, 61, has had optic atrophy in his right eye since 1999.
The visual acuity in his right eye is 20/400, and in his left eye, 20/
20. Following an examination in 2013, his optometrist noted, ``In my
medical opinion, Mr. Harris has sufficient binocular vision to perform
the driving tasks required to operate a commercial vehicle based on the
Federal Motor Carrier Safety Regulation (FMCSR) Vision- 49 CFR
391.41(b)(10).'' Mr. Harris reported that he has driven tractor-trailer
combinations for 6 years, accumulating 660,000 miles. He holds a Class
A CDL from Texas. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

David G. Henry

    Mr. Henry, 50, has had dense amblyopia in his right eye since
birth. The visual acuity in his right eye is 20/150, and in his left
eye, 20/20. Following an examination in 2013, his ophthalmologist
noted, ``In my opinion he should be able to drive commercial vehicle
with glasses without difficulty as long as nothing were to hinder his
only good eye.'' Mr. Henry reported that he has driven straight trucks
for 10 years, accumulating 260,000 miles, and tractor-trailer
combinations for 1 year, accumulating 15,000 miles. He holds a Class A
CDL from Texas. His driving record for the last 3 years shows no

crashes and no convictions for moving violations in a CMV.

Rogelio C. Hernandez

    Mr. Hernandez, 46, has had optic pit maculopathy in his right eye
since 2008. The visual acuity in his right eye is 20/126, and in his
left eye, 20/20. Following an examination in 2013, his ophthalmologist
noted, ``In my medical opinion, patient has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Hernandez reported that he has driven straight trucks for 12 years,
accumulating 420,000 miles, and tractor-trailer combinations for 12
years, accumulating 420,000 miles. He holds an operator's license from
California. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Michael J. Hoskins

    Mr. Hoskins, 53, has a prosthetic right eye due to a traumatic
incident in 1993. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2013, his optometrist noted that, in his medical opinion, Mr. Hoskins
has sufficient vision to operate a commercial motor vehicle. Mr.
Hoskins reported that he has driven straight trucks for 35 years,
accumulating 183,750 miles, and tractor-trailer combinations for 30
years, accumulating 82,500 miles. He holds a Class A CDL from Kansas.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Zion Irizarry

    Mr. Irizarry, 64, has complete loss of vision in his right eye due
to a traumatic incident during childhood. The visual acuity in his
right eye is light perception, and in his left eye, 20/20. Following an
examination in 2013, his optometrist noted, ``That being said, the
patient has sufficient vision in his left eye to perform the driving
tasks required for operation of a commercial vehicle.'' Mr. Irizarry
reported that he has driven buses for 6 years, accumulating 108,000
miles. He holds a Class C CDL from Nevada. His driving record for the
last 3 years shows no crashes and one conviction for a moving violation
in a CMV; he failed to obey a traffic control light.

Mohamed H. Issak

    Mr. Issak, 24, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
60. Following an examination in 2013, his ophthalmologist noted, ``He
has had time to adjust to this visual deficiency, thus in my medical
opinion, he has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Issak reported that he has
driven buses for 3 years, accumulating 58,500 miles. He holds a Class A
CDL from Kansas. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Craig B. Jacques

    Mr. Jacques, 62, has had macular degeneration in his right eye
since 2008. The visual acuity in his right eye is 20/200, and in his
left eye, 20/20. Following an examination in 2013, his ophthalmologist
noted, ``As the patient has been functioning well, it is my medical
opinion that he has sufficient vision to continue to perform his
current driving tasks and operate a commercial vehicle.'' Mr. Jacques
reported that he has driven straight trucks for 13 years, accumulating
195,000 miles. He holds an operator's license from New York. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

William D. Jackson

    Mr. Jackson, 58, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/300, and in his
left eye, 20/20. Following an examination in 2013, his optometrist
noted, ``I verify that William Jackson has sufficient vision to drive
commercial vehicles safely.'' Mr. Jackson reported that he has driven
straight trucks for 38 years, accumulating 380,000 miles, and tractor-
trailer combinations for 33 years, accumulating 792,000 miles. He holds
a Class A CDL from Minnesota. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Juan J. Luna

    Mr. Luna, 45, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2013, his ophthalmologist noted,
``Amblyopia . . . stable . . . good color vision . . . may operate a
commercial vehicle.'' Mr. Luna reported that he has driven straight
trucks for 5 years, accumulating 150,000 miles, and tractor-trailer
combinations for 5 years, accumulating 275,000 miles. He holds a Class
A CDL from California. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Robert Mollicone

    Mr. Mollicone, 43, has had a retinal detachment in his left eye
since 2000. The visual acuity in his right eye is 20/15, and in his
left eye, 20/100. Following an examination in 2013, his optometrist
noted, ``I certify that Mr. Mollicone's [sic] has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Mollicone reported that he has driven straight trucks for 5 years,
accumulating 100,000 miles, and tractor-trailer combinations for 23
years, accumulating 598,000 miles. He holds a Class A CDL from Florida.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Christopher D. Moore

    Mr. Moore, 46, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/15, and in his left eye, 20/200.
Following an examination in 2013, his optometrist noted, ``Because his
poor vision in the left eye has been lifelong, he has compensated well
for it and in my opinion it should not affect his ability to perform
the driving tasks required to operate a commercial vehicle.'' Mr. Moore
reported that he has driven straight trucks for 21 years, accumulating
1.47 million miles. He holds a Class B CDL from North Carolina. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Elmore Nicholson, Jr.

    Mr. Nicholson, 35, has had corneal neovascularization in his left
eye since birth. The visual acuity in his right eye is 20/20 and in his
left eye, 20/50. Following an examination in 2013, his optometrist
noted, ``In my medical opinion he has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Nicholson
reported that he has driven tractor-trailer combinations for 8 years,
accumulating 832,000 miles. He holds an operator's license from
Alabama. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Michael Pace

    Mr. Pace, 47, has a macular scar in his right eye due to a
traumatic injury during childhood. The visual acuity in his right eye
is 20/80, and in his left eye, 20/20. Following an examination in 2013,
his optometrist noted, ``Mr. Pace has binocular visual acuity of 20/20.
His right eye uncorrected visual acuity is 20/200 and left eye is 20/20
which meets the documented vision

requirements stating he must have distant binocular acuity of at least
20/40 . . . Based on these findings he should meet all the requirements
necessary to operate a commercial vehicle.'' Mr. Pace reported that he
has driven straight trucks for 3 years, accumulating 150,000 miles,
tractor-trailer combinations for 7 years, accumulating 3.5 million
miles, and buses for 3 years, accumulating 45,000. He holds a Class A
CDL from Texas. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Ernest S. Parsons, Jr.

    Mr. Parsons, 69, has had strabismic amblyopia in his right eye
since birth. The visual acuity in his right eye is 20/100, and in his
left eye, 20/20. Following an examination in 2013, his optometrist
noted, ``I certify that Mr. Parsons [sic] vision is sufficient to
perform the driving tasks required to operate a commercial motor
vehicle.'' Mr. Parsons reported that he has driven straight trucks for
39 years, accumulating 975,000 miles, tractor-trailer combinations for
25 years, accumulating 750,000 miles. He holds a Class A CDL from New
York. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

James C. Paschal, Jr.

    Mr. Paschal, 56, has had a congenital cataract in his left eye
since birth. The visual acuity in his right eye is 20/20, and in his
left eye, hand motion. Following an examination in 2013, his
optometrist noted, ``Mr. Paschal has sufficient vision to operate a
commercial vehicle.'' Mr. Paschal reported that he has driven straight
trucks for 36 years, accumulating 54,000 miles. He holds an operator's
license from Georgia. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Lee E. Perry

    Mr. Perry, 65, has had a macular hole in his left eye since 1993.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2013, his ophthalmologist noted, ``In
my medical opinion, Mr. Perry has sufficient vision to operate any sort
of commercial vehicle and perform all necessary driving tasks.'' Mr.
Perry reported that he has driven straight trucks for 1 year,
accumulating 19,000 miles, and buses for 13 years, accumulating 338,000
miles. He holds a Class BM CDL from Alabama. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Harold D. Pressley

    Mr. Pressley, 49, has had complete loss of vision in his left eye
since birth. The visual acuity in his right eye is 20/15, and in his
left eye, no light perception. Following an examination in 2013, his
optometrist noted, ``VA OD 20/15 . . . VA OS No Light Perception . . .
congenital anomaly since birth due to hx: condition is stable . . . Pt
[sic] is able to operate a commercial vehicle according to VA's
[sic].'' Mr. Pressley reported that he has driven straight trucks for
20 years, accumulating 1.5 million miles, buses for 12 years,
accumulating 240,000 miles. He holds a Class BM CDL from Texas. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Thomas H. Randall

    Mr. Randall, 52, has had microphthalmia, amblyopia, and aphakia in
his right eye since childhood. The visual acuity in his right eye is
hand motion, and in his left eye, 20/20. Following an examination in
2013, his optometrist noted, ``Mr. Randall has a longstanding
congenital deficiency in his right eye which he is well adapted to and
should have no problem operating a commercial vehicle.'' Mr. Randall
reported that he has driven straight trucks for 34 years, accumulating
340,000 miles, and buses for 2 years, accumulating 30,000 miles. He
holds an operator's license from Minnesota. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

David T. Rueckert

    Mr. Rueckert, 53, has had complete loss of vision in his right eye
since birth. The visual acuity in his right eye is no light perception,
and in his left eye, 20/20. Following an examination in 2013, his
optometrist noted that Mr. Rueckert does not have any visual defect or
visual field loss that would affect the safe operation of a commercial
motor vehicle. Mr. Rueckert reported that he has driven straight trucks
for 26 years, accumulating 780,000 miles. He holds an operator's
license from Washington. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.

Jason C. Sadler

    Mr. Sadler, 34, has had amblyopia in his left eye since birth. The
visual acuity in his right eye is 20/40, and in his left eye, 20/200.
Following an examination in 2013, his optometrist noted, ``It is my
opinion that he has sufficient vision to perform the commercial vehicle
driving tasks.'' Mr. Sadler reported that he has driven straight trucks
for 11 years, accumulating 1.14 million miles, and tractor-trailer
combinations for 11 years, accumulating 1.14 million miles. He holds a
Class A CDL from Kentucky. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Robert Schick

    Mr. Schick, 51, has a superior altitudinal defect in his left eye
due to a traumatic incident in 1981. The visual acuity in his right eye
is 20/20, and in his left eye, 20/200. Following an examination in
2013, his ophthalmologist noted, ``Patient has sufficient vision to
drive a commercial vehicle.'' Mr. Schick reported that he has driven
straight trucks for 29 years, accumulating 754,000 miles. He holds an
operator's license from Pennsylvania. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Michael O. Thomas

    Mr. Thomas, 43, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
200. Following an examination in 2013, his optometrist noted, ``In my
opinion, Mr. Thomas has sufficient vision to perform driving tasks
required to operate a commercial vehicle.'' Mr. Thomas reported that he
has driven straight trucks for 9 years, accumulating 234,000 miles, and
tractor-trailer combinations for 9 years, accumulating 234,000 miles.
He holds a Class A CDL from North Carolina. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Danielle Wilkins

    Ms. Wilkins, 45, has had aphakia in her right eye since childhood.
The visual acuity in her right eye is counting fingers, and in her left
eye, 20/20. Following an examination in 2013, her optometrist noted,
``It is found that Danielle has 150 degrees of horizontal vision in her
left eye and 150 degrees of horizontal vision in her right eye. In my
medical opinion, Danielle has the ability to drive a commercial
vehicle.'' Ms. Wilkins reported that she has driven straight trucks for
16 years, accumulating 80,000 miles. She holds an operator's license
from California. Her driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. The Agency will consider all comments
received before the close of business February 10, 2014. Comments will
be available for examination in the docket at the location listed under
the ADDRESSES section of this notice. The Agency will file comments
received after the comment closing date in the public docket, and will
consider them to the extent practicable.
    In addition to late comments, FMCSA will also continue to file, in
the public docket, relevant information that becomes available after
the comment closing date. Interested persons should monitor the public
docket for new material.

Submitting Comments

    You may submit your comments and material online or by fax, mail,
or hand delivery, but please use only one of these means. FMCSA
recommends that you include your name and a mailing address, an email
address, or a phone number in the body of your document so that FMCSA
can contact you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov and
in the search box insert the docket number FMCSA-2013-0174 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-2013-0174 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

    Issued On: December 30, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-00231 Filed 1-9-14; 8:45 am]
BILLING CODE 4910-EX-P