[Federal Register Volume 79, Number 50 (Friday, March 14, 2014)]
[Notices]
[Pages 14571-14579]
[FR Doc No: 2014-05622]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0003]

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 75 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 will enable these
individuals to operate commercial motor vehicles (CMVs) in interstate
commerce without meeting the prescribed vision requirement in one eye.
If granted, the exemptions would enable these individuals to qualify as
drivers of commercial motor vehicles (CMVs) in interstate commerce.

DATES: Comments must be received on or before April 14, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2014-0003 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 75 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

Luis A. Agudo

    Mr. Agudo, age 34, has a retinal scar in his right eye due to a
traumatic incident in 2012. The visual acuity in his right eye is 20/
80, and in his left eye, 20/20. Following an examination in 2013, his
optometrist stated, ``In my opinion, Luis has no trouble seeing with
[sic] left eye, and is safe driving a commercial vehicle, but I do
recommend follow up with retina specialist or myself if changes noted,
[sic] to ensure/verify stability of right eye.'' Mr. Agudo reported
that he has driven straight trucks for 5 years, accumulating 150,000
miles, and tractor-trailer combinations for 5 years, accumulating
600,000 miles. He holds a Class A Commercial Driver's License (CDL)
from Minnesota. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Ilidio G. Almeida

    Mr. Almeida, 52, has had amblyopia in his right eye since birth.
The visual acuity in his right eye is counting fingers, and in his left
eye, 20/20. Following an examination in 2013, his ophthalmologist
noted, ``Vision should be adequate to drive small trucks if by law one
eyed [sic] patient is allowed commercially.'' Mr. Almeida reported that
he has driven straight trucks for 16.5 years, accumulating 5.8 million
miles. He holds an operator's license from New Jersey. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Roger E. Anderson

    Mr. Anderson, 47, 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 optometrist noted,
``Mr. Anderson was diagnosed with amblyopia of the right eye before the
age of 10 . . . In my opinion he has the ability to operate a
commercial vehicle.'' Mr. Anderson reported that he has driven straight
trucks for 5 years, accumulating 5,000 miles, and tractor-trailer
combinations for 18 years, accumulating 2.16 million 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.

Pablo Ayala

    Mr. Ayala, 46, 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/
80. Following an examination in 2013, his optometrist noted, ``Mr.
Ayala has sufficient vision to perform the driving tasks required to
operate a commercial vehicle.'' Mr. Ayala reported that he has driven
straight trucks for 8 years, accumulating 48,000 miles, and tractor-
trailer combinations for 8 years, accumulating 64,000 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.

Hurley H. Bacon

    Mr. Bacon, 75, has complete loss of vision in his left eye due to a
traumatic incident in 1959. The visual acuity in his right eye is 20/
20, and in his left eye, light perception. Following an examination in
2013, his ophthalmologist noted, ``In my medical opinion Mr. Hurley
Bacon has sufficient vision to perform his driving task required to
operate a commercial vehicle.'' Mr. Bacon reported that he has driven
straight trucks for 54 years, accumulating 540,000 miles. He holds an
operator's license from New Mexico. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Dmitry D. Bayda

    Mr. Bayda, 41, has had a retinal detachment in his left eye since
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
optometrist noted, ``I certify that in my medical opinion, he has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Bayda reported that he has driven tractor-
trailer combinations for 7 years, accumulating 525,000 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.

Marvin J. Bensend Jr.

    Mr. Bensend, 56, has had a cataract in his left eye since 1975. The
visual acuity in his right eye is 20/20, and in his left eye, 20/400.
Following an examination in 2013, his optometrist noted, ``In my
opinion, Mr. Bensend has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Bensend reported that
he has driven straight trucks for 40 years, accumulating 800,000 miles.
He holds an operator's license from Mississippi. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Ronald L. Bird

    Mr. Bird, 59, has complete loss of vision in his left eye due to a
traumatic incident in 1993. 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, ``I certify that in my medical opinion
that Ron L. Bird has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Bird reported that he
has driven tractor-trailer combinations for 5 years, accumulating
375,000 miles. He holds a Class A CDL from Utah. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

John R. Bohman

    Mr. Bohman, 36, has a retinal detachment in his left eye due to a
traumatic incident in 1997. 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 John Bohman
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Bohman reported that he has driven straight
trucks for 2 years, accumulating 83,000 miles, and tractor-trailer
combinations for 13 years, accumulating 1.08 million 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.

Dale A. Braton

    Mr. Braton, 56, has had a retinal detachment in his left eye since
2005. The visual acuity in his right eye is 20/20, and in his left eye,
20/70. Following an examination in 2013, his optometrist noted, ``Dale
Braton has sufficient vision to perform [sic] driving tasks of a
commercial vehicle.'' Mr. Braton reported that he has driven straight
trucks for 40 years, accumulating 320,000 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.

Michael R. Burnau

    Mr. Burnau, 25, has had a macular hole in his left eye since 2005.
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, ``Because
Mr. Burnau has good peripheral vision in both eyes and good central
visual acuity in his right eye, it is my opinion that he has sufficient
visual function to operate a commercial vehicle.'' Mr. Burnau reported
that he has driven tractor-trailer combinations for 6 years,
accumulating 150,000 miles. He holds a Class A CDL from Missouri. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Balwinder S. Chatha

    Mr. Chatha, 51, has had macular edema and diabetic retinopathy in
his left eye since 2012. The visual acuity in his right eye is 20/25,
and in his left eye, 20/60. Following an examination in 2013, his
ophthalmologist noted, ``Since Balwinder has nearly normal central
vision (20/25 to 20/30+) in his right eye and good peripheral vision in
both eyes, it is my medical opinion that he has sufficient vision to
safely drive a commercial vehicle at this time.'' Mr. Chatha reported
that he has driven tractor-trailer combinations for 26 years,
accumulating 2.08 million miles. He holds a Class A CDL from
California. His driving record for the last 3 years shows no crashes
and one conviction for a moving violation in a CMV; he failed to stop
at a stop sign.

Eddie D. Coggins

    Mr. Coggins, 65, has had amblyopia in his left eye since birth. 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, ``Vision is
sufficient to perform driving tasks required to operate [sic]
commercial vehicle.'' Mr. Coggins reported that he has driven straight
trucks for 19 years, accumulating 3.61 million miles, and buses for 9
years, accumulating 18,000 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.

Cody W. Christian

    Mr. Christian, 27, has corneal scarring 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, ``Cody seems to be able to
function to full capacity as far as being able to see well enough to
operate a commercial vehicle.'' Mr. Christian reported that he has
driven straight trucks for 18 months, accumulating 1,000 miles, and
tractor-trailer combinations for 18 months, accumulating 5,000. He
holds a Class A CDL from Oklahoma. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Ronald G. Cote

    Mr. Cote, 62, has had macular degeneration in his right eye since
2005. 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,
``Ronald Cote's vision if [sic] sufficient to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Cote reported that he
has driven straight trucks for 10 years, accumulating 400,000 miles,
and tractor-trailer combinations for 31 years, accumulating 1.86
million miles. He holds a Class A CDL from Utah. His driving record for
the last 3 years shows no crashes and no convictions for moving
violations in a CMV.

Michael T. Deaton

    Mr. Deaton, 45, has aphakia in his right eye due to a traumatic
incident in 1988. 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, ``I am convinced that Mr. Deaton is
perfectly capable of performing the tasks related to operating a
commercial vehicle.'' Mr. Deaton reported that he has driven straight
trucks for 21 years, accumulating 840,000 miles. He holds an operator's
license from Kentucky. His driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Gilbert Deprey

    Mr. Deprey, 67, has had a prosthetic right eye since childhood. 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,
``In my opinion, Mr. Deprey certainly satisfies and has sufficient
vision to perform driving tasks required to operate a commercial motor
vehicle.'' Mr. Deprey reported that he has driven straight trucks for
15 years, accumulating 750,000 miles, and tractor-trailer combinations
for 18 years, accumulating 990,000 miles. He holds a Class A CDL from
Maine. His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Billy D. Devine

    Mr. Devine, 53, has had a prosthetic left eye since 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 optometrist noted,
``In my opinion he has sufficient vision to perform the driving tasks
required to operate a commercial vehicle.'' Mr. Devine reported that he
has driven tractor-trailer combinations for 16 years, accumulating 1.25
million 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 G. Donze

    Mr. Donze, 55, has had strabismic amblyopia in his right eye since
childhood. 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, ``In my opinion, Mr. Donze has sufficient vision to drive and
operate a commercial vehicle.'' Mr. Donze reported that he has driven
straight trucks for 30 years, accumulating 15,000 miles. He holds a
Class A CDL from Missouri. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Kerry M. Dotson

    Ms. Dotson, 46, has had caloboma in her right eye since birth. The
visual acuity in her right eye is no light perception, and in her left
eye, 20/25. Following an examination in 2013, her optometrist noted,
``In my opinion, Ms. Dotson has sufficient vision to operate a
commercial vehicle.'' Ms. Dotson reported that she has driven straight
trucks for 13 years, accumulating 273,000 miles. She holds a Class B
CDL from Washington. Her driving record for the last 3 years shows no
crashes and no convictions for moving violations in a CMV.

Jeffrey D. Duncan

    Mr. Duncan, 55, has had a retinal detachment in his left eye since
2011. The visual acuity in his right eye is 20/20, and in his left eye,
20/80. 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. Duncan reported that he
has driven straight trucks for 15 years, accumulating 337,500 miles. He
holds an operator's license from Indiana. His

driving record for the last 3 years show one crash, for which he was
not cited but to which he did contribute by following too closely, and
no convictions for moving violations in a CMV.

Charles R. Early

    Mr. Early, 66, has a corneal scar in his left eye due to a
traumatic incident in 1968. The visual acuity in his right eye is 20/
20, and in his left eye, light perception. Following an examination in
2013, his optometrist noted, ``Certify that person is able to operate
commercial vehicle--This patient meets the state requirement for a
restricted license (A,B) in Indiana. He does not pass the traditional
vision requirement for his CDL, but it is my understanding that he may
be a candidate to get an exemption considering his monocular status.''
Mr. Early reported that he has driven straight trucks for 3 years,
accumulating 180,000 miles, and tractor-trailer combinations for 45
years, accumulating 5.4 million miles. He holds an operator's license
from Indiana. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Scott E. Elliot

    Mr. Elliot, 47, has a prosthetic right eye due to a traumatic
incident in 1994. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2014, his optometrist noted, ``I believe Scott has sufficient vision to
perform safe driving tasks while operating commercial vehicles.'' Mr.
Elliot reported that he has driven straight trucks for 29 years,
accumulating 870,000 miles, and tractor-trailer combinations for 29
years accumulating 2.9 million miles. He holds a Class AMC CDL from New
Hampshire. His driving record for the last 3 years shows no crashes and
no convictions for moving violations in a CMV.

Frank J. Faria

    Mr. Faria, 54, has had optic atrophy in his left eye since 2004.
The visual acuity in his right eye is 20/30, and in his left eye, 20/
400. Following an examination in 2013, his optometrist noted, ``It is
my opinion that despite the decreased vision in his left eye and visual
field defects [sic] Mr. Fairer can distinguish colors of traffic
controls and signals in green, red and amber. Additionally his ability
to adapt and utilize both eyes aids him in performing the tasks need
[sic] of a commercial truck driver.'' Mr. Faria reported that he has
driven straight trucks for 30 years, accumulating 300,000 miles, and
tractor-trailer combinations for 30 years, accumulating 180,000 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.

Raleigh K. Franklin

    Mr. Franklin, 59, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/70. Following an examination in 2014, his optometrist noted,
``I certify that, in my medical opinion, this patient has sufficient
vision to operate a commercial motor vehicle.'' Mr. Franklin reported
that he has driven straight trucks for 38 years, accumulating 1.43
million miles, and tractor-trailer combination for 34 years,
accumulating 595,000 miles. He holds a Class A CDL from Utah. His
driving record for the last 3 years shows no crashes and one conviction
for a moving violation in a CMV; he exceeded the speed limit by 10 mph.

Dennis A. Feather

    Mr. Feather, 45, has had optic atrophy in his left eye since birth.
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,
``Central and peripheral vision OD and peripheral vision OS meet the
standards to drive a commercial vehicle.'' Mr. Feather reported that he
has driven straight trucks for 3 years, accumulating 105,000 miles, and
tractor-trailer combinations for 9 years, accumulating 1.8 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.

Michael Gargano

    Mr. Gargano, 62, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/400, and in his
left eye, 20/20. Following an examination in 2014, his optometrist
noted, ``In my medical opinion, Mr. Michael Gargano has more than
sufficient vision to perform his duties as a commercial vehicle
operator.'' Mr. Gargano reported that he has driven straight trucks for
11 years, accumulating 2.75 million miles, and tractor-trailer
combinations for 12 years, accumulating 6 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.

Nicholas C. Georgen

    Mr. Georgen, 31, has had amblyopia in his right eye since
childhood. The visual acuity in his right eye is 20/70, and in his left
eye, 20/20. Following an examination in 2014, his ophthalmologist
noted, ``I would consider the patient's vision sufficient to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Georgen reported that he has driven straight trucks for 13 years,
accumulating 97,500 miles, and tractor-trailer combinations for 6
years, accumulating 30,000 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.

Dean D. Hawks

    Mr. Hawks, 56, has had refractive amblyopia in his right eye since
childhood. 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
that Mr. Hawks amblyopia was not progressive and, in his medical
opinion, that Mr. Hawks is safe to operate a commercial motor vehicle.
Mr. Hawks reported that he has driven tractor-trailer combinations for
8 years, accumulating 720,000 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.

Peter E. Jacobs

    Mr. Jacobs, 43, has a retinal detachment in his right eye due to a
traumatic incident during 2001. The visual acuity in his right eye is
light perception and in his left eye, 20/20. Following an examination
in 2014, his ophthalmologist noted, ``I certify that, in my medical
opinion, this patient has sufficient vision to operate a commercial
motor vehicle.'' Mr. Jacobs reported that he has driven straight trucks
for 2 years, accumulating 110,000 miles, and tractor-trailer
combinations for 16 years, accumulating 1.2 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.

Mark J. Jochim

    Mr. Jochim, 51, has had ischemic optic neuropathy in his right eye
since 2008. The visual acuity in his right eye is 20/70, and in his
left eye, 20/20. Following an examination in 2013, his optometrist
noted, ``In my medical opinion as an optometrist, Mr. Jochim has
sufficient vision to perform tasks required to operate commercial

vehicles.'' Mr. Jochim reported that he has driven straight trucks for
25 years, accumulating 437,500 miles, and tractor-trailer combinations
for 25 years, accumulating 437,500 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.

Robert E. Johnston, Jr.

    Mr. Johnston, 52, has had congenital esotropia in his right eye
since childhood. 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, ``It is my opinion that Robert E. Johnston has
the sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Johnston reported that he has driven
straight trucks for 27 years, accumulating 596,700 miles. He holds a
Class B CDL from Washington. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Alfred R. Kallaus III

    Mr. Kallaus, 61, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/25, and in his left eye, 20/
150. Following an examination in 2013, his optometrist noted, ``This
letter is to verify that in my medical opinion, Alfred Kallaus has
sufficient vision to perform the driving tasks required to operate a
commercial vehicle.'' Mr. Kallaus reported that he has driven straight
trucks for 33 years, accumulating 132,000 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.

Gregory J. Kuhn

    Mr. Kuhn, 52, has had a macular hole in his left eye since 1988.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
400. Following an examination in 2013, his optometrist noted, ``In my
medical opinion, Greg Kuhn has sufficient vision to perform the driving
tasks required to operate a commercial vehicle.'' Mr. Kuhn reported
that he has driven straight trucks for 24 years, accumulating 420,000
miles. He holds a Class B CDL from Nebraska. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

David W. Leach

    Mr. Leach, 52, has had a retinal scar in his left eye since 1984.
The visual acuity in his right eye is 20/20, and in his left eye, 20/
800. Following an examination in 2013, his optometrist noted that, in
his medical opinion, Mr. Leach does have sufficient vision to operate a
commercial motor vehicle. Mr. Leach reported that he has driven
straight trucks for 30 years, accumulating 600,000 miles, and tractor-
trailer combinations for 30 years, accumulating 450,000 miles. He holds
a Class A CDL from Illinois. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Jason S. Logue

    Mr. Logue, 38, has had a prosthetic left eye since 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 optometrist noted,
``It is my professional medical opinion that the above has sufficient
vision to safely perform the driving task required to operate a
commercial vehicle.'' Mr. Logue reported that he has driven straight
trucks for 14 years, accumulating 224,000 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.

Jesse Long, Jr.

    Mr. Long, 60, has optic nerve damage in his left eye due to a
traumatic incident since childhood. 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, ``Mr. Long has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Long
reported that he has driven tractor-trailer combinations for 12 years,
accumulating 1.2 million miles. He holds a Class A CDL from Georgia.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

John L. Lucas

    Mr. Lucas, 48, has a prosthetic right eye due to a traumatic
incident in 2005. The visual acuity in his right eye is no light
perception, and in his left eye, 20/20. Following an examination in
2013, his ophthalmologist noted that, in his medical opinion, Mr. Lucas
does have sufficient vision to operate a commercial motor vehicle. Mr.
Lucas reported that he has driven straight trucks for 10 years,
accumulating 150,000 miles, and tractor-trailer combinations for 20
years, accumulating 2 million 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.

David F. Martin

    Mr. Martin, 48, has had a corneal scar in his right eye since 1975.
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 that, in
his medical opinion, Mr. Martin does have sufficient vision to operate
a commercial motor vehicle. Mr. Martin reported that he has driven
tractor-trailer combinations for 26 years, accumulating 676,000 miles.
He holds a Class A CDL from New Jersey. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.

Martin L. Mayes

    Mr. Mayes, 54, has a retinal scar in his left eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is 20/15, and in his left eye, counting fingers. Following an
examination in 2014, his optometrist noted that, in his medical
opinion, Mr. Mayes does have sufficient vision to operate a commercial
motor vehicle. Mr. Mayes reported that he has driven tractor-trailer
combinations for 27 years, accumulating 2.43 million miles. He holds a
Class AM CDL from Georgia. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Donald L. McCraw, Jr.

    Mr. McCraw, 48, has had congenital neuropathy in his right eye
since birth. 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 professional opinion, Mr. McCraw's visual deficiency in
the right eye has been stable, and has sufficient peripheral vision to
operate a commercial vehicle provided he drives with both eyes open at
all time [sic].'' Mr. McCraw reported that he has driven straight
trucks for 11 years, accumulating 82,500 miles. He holds a Class AM CDL
from Virginia. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Daniel A. McNabb

    Mr. McNabb, 32, has had refractive 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 optometrist noted,
``I certify that in my medical opinion, Danny [sic] has sufficient
VISION [sic] to perform the driving tasks required to operate a
commercial vehicle.'' Mr. McNabb

reported that he has driven straight trucks for 18 years, accumulating
810,000 miles. He holds an operator's license from Kansas. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Phillip L. Mello

    Mr. Mello, 61, has had a prosthetic right eye since 2010. The
visual acuity in his right eye is no light perception, and in his left
eye, 20/15. Following an examination in 2014, his optometrist noted,
``in my opinion this patient has sufficient vision to operate a
commercial vehicle.'' Mr. Mello reported that he has driven straight
trucks for 43 years, accumulating 860,000 miles, tractor-trailer
combinations for 43 years, accumulating 1.5 million miles, and buses
for 23 years, accumulating 115,000 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.

Roberto C. Mendez

    Mr. Mendez, 27, has had 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, ``In my
medical opinion, Roberto appears to have sufficient vision to perform
the driving tasks required to operate a commercial vehicle.'' Mr.
Mendez reported that he has driven straight trucks for 5.5 years,
accumulating 126,500 miles. He holds an operator's license from Texas.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Clinton F. Merithew

    Mr. Merithew, 56, has had Coat's disease in his right eye since
childhood. 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, ``I certify that, in my medical opinion, this patient has
sufficient vision to operate a commercial motor vehicle.'' Mr. Merithew
reported that he has driven straight trucks for 35 years, accumulating
875,000 miles, tractor-trailer combinations for 9 years, accumulating
450,000 miles, and buses for 7 years, accumulating 35,000 miles. He
holds an operator's license from Nebraska. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Ronald S. Milkowski

    Mr. Milkowski, 61, has had a prosthetic left eye since 1976. The
visual acuity in his right eye is 20/20, and in his left eye, no light
perception. Following an examination in 2014, his ophthalmologist
noted, ``In my opinion, Mr. Milkowski had [sic] a completely normal
right eye with a full field of vision, and he should have no difficulty
operating a commercial vehicle.'' Mr. Milkowski reported that he has
driven straight trucks for 33 years, accumulating 198,000 miles, and
tractor-trailer combinations for 33 years, accumulating 132,000 miles.
He holds a Class A CDL from New Jersey. His driving record for the last
3 years shows no crashes and no convictions for moving violations in a
CMV.

Robert L. Murray

    Mr. Murray, 38, has had a retinal detachment in his right eye since
2001. The visual acuity in his right eye is light perception, and in
his left eye, 20/15. Following an examination in 2013, his optometrist
noted, ``In my opinion and in light of the fact that the defect is long
standing [sic], the ocular ability of the opposite eye is very good,
and his driving record, Mr. Robert Murray has sufficient vision to
perform the driving tasks required to operate a commercial motor
vehicle in interstate commerce.'' Mr. Murray reported that he has
driven straight trucks for 15 years, accumulating 420,000 miles. He
holds a Class AM CDL from Illinois. His driving record for the last 3
years shows no crashes and no convictions for moving violations in a
CMV.

Jeffrey L. Oswald

    Mr. Oswald, 53, has had a retinal detachment in his left eye since
1980. 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, ``I feel Mr. Jeffrey Oswald has adequate vision
in his only seeing eye to operate his axle dump truck.'' Mr. Oswald
reported that he has driven straight trucks for 38 years, accumulating
3.99 million miles. He holds a Class B CDL from Pennsylvania. His
driving record for the last 3 years shows no crashes and one conviction
for a moving violation in a CMV; he was cited for unsafe operation.

Barry L. Pylant

    Mr. Pylant, 50, 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 he has sufficient vision to perform the driving tasks to
operate a commercial vehicle.'' Mr. Pylant reported that he has driven
straight trucks for 25 years, accumulating 250,000 miles. He holds a
Class BMV CDL from Alabama. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Steve W. Quenzer

    Mr. Quenzer, 56, 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, ``In my
opinion Steve has sufficient vision for a CDL as also attested by
myself 11 years ago.'' Mr. Quenzer reported that he has driven straight
trucks for 15 years, accumulating 75,000 miles, and tractor-trailer
combinations for 15 years, accumulating 75,000 miles. He holds a Class
A3 CDL from South Dakota. His driving record for the last 3 years shows
no crashes and no convictions for moving violations in a CMV.

Bradley W. Reed

    Mr. Reed, 27, has complete loss of vision in his right eye due to a
traumatic incident during childhood. The visual acuity in his right eye
is no light perception, and in his left eye, 20/20. Following an
examination in 2014, his optometrist noted, ``In my opinion Bradley
Reed has sufficient vision to operate a commercial vehicle.'' Mr. Reed
reported that he has driven tractor-trailer combinations for 10 years,
accumulating 250,000 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.

Jamey D. Reed

    Mr. Reed, 42, has had a chorioretinal scar in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/400. Following an examination in 2013, his optometrist noted
that, in his medical opinion, Mr. Reed does have sufficient vision to
operate a commercial motor vehicle. Mr. Reed reported that he has
driven straight trucks for 10 years, accumulating 600,000 miles, and
tractor-trailer combinations for 3 years, accumulating 240,000 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.

Erik M. Rice

    Mr. Rice, 49, has had a retinal detachment in his right eye since

childhood. The visual acuity in his right eye is 20/200, and in his
left eye, 20/20. Following an examination in 2013, his optometrist
noted, ``Status Post Retinal Detachment OD--stable since childhood . .
. Able to operate commercial vehicle.'' Mr. Rice reported that he has
driven tractor-trailer combinations for 1 year, accumulating 60,000
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.

Thomas A. Rients

    Mr. Rients, 64, has had complete loss of vision in his left eye due
to a traumatic incident in 1980. The visual acuity in his right eye is
20/15, and in his left eye, no light perception. Following an
examination in 2014, his ophthalmologist noted, ``I certify that, in my
medical opinion, this patient has sufficient vision to operate a
commercial motor vehicle.'' Mr. Rients reported that he has driven
straight trucks for 35 years, accumulating 420,000 miles, and tractor-
trailer combinations for 35 years, accumulating 420,000 miles. He holds
a Class A CDL from Illinois. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Harry L. Ross

    Mr. Ross, 61, has had a retinal detachment in his right eye since
1983. The visual acuity in his right eye is 20/200, and in his left
eye, 20/20. Following an examination in 2013, his optometrist noted,
``Mr. Ross has a history of a 1983 retinal detachment in the right eye
. . . I believe he may operate a large truck/bus for his job.'' Mr.
Ross reported that he has driven straight trucks for 25 years,
accumulating 750,000 miles. He holds a Class B CDL from Kansas. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Ricky D. Rostad

    Mr. Rostad, 48, has had refractive amblyopia in his right eye since
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,
``In my opinion, Mr. Rostad has sufficient vision to perform the
driving tasks required to operate a commercial motor vehicle.'' Mr.
Rostad reported that he has driven buses for 3 years, accumulating
39,000 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.

Chad M. St. Mary

    Mr. St. Mary, 30, has a prosthetic left eye due to a traumatic
incident in 1989. 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, ``Based on Chad's vision examination results, I
believe he has sufficient vision to perform driving tasks for a
commercial vehicle.'' Mr. St. Mary reported that he has driven straight
trucks for 12 years, accumulating 120,000 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.

Tatum R. Schmidt

    Mr. Schmidt, 23, has a retinal detachment, aphakia, and a macular
scar due to a traumatic incident in 2004. The visual acuity in his
right eye is 20/100, and in his left eye, 20/20. Following an
examination in 2013, his ophthalmologist noted, ``In my medical
opinion, Tatum has sufficient vision to perform the driving test
required to operate a commercial vehicle.'' Mr. Schmidt reported that
he has driven straight trucks for 4 years, accumulating 14,940 miles,
and tractor-trailer combinations for 4 years, accumulating 65,000
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.

Harry J. Scholl

    Mr. Scholl, 36, has had myopia and amblyopia 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 ophthalmologist
noted, ``It is my opinion that Mr. Scholl has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Scholl reported that he has driven straight trucks for 2 years,
accumulating 30,000 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.

Jacob A. Shaffer

    Mr. Shaffer, 52, has complete loss of vision 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 optometrist noted that, in her medical opinion, Mr. Shaffer
does have sufficient vision to operate a commercial motor vehicle. Mr.
Shaffer reported that he has driven straight trucks for 25 years,
accumulating 1.25 million miles, and tractor-trailer combinations for
10 years, accumulating 10,000 miles. He holds a Class AM CDL from
Pennsylvania. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Carl D. Short

    Mr. Short, 55, has had amblyopia in his left eye since childhood.
The visual acuity in his right eye is 20/25, and in his left eye, 20/
200. Following an examination in 2013, his ophthalmologist noted, ``In
my medical opinion, I feel you have sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Short
reported that he has driven straight trucks for 5 years, accumulating
150,000 miles, and tractor-trailer combinations for 23 years,
accumulating 1.15 million miles. He holds a Class A CDL from Missouri.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Michael W. Slief

    Mr. Slief, 32, has had refractive amblyopia in his right eye since
birth. The visual acuity in his right eye is 20/70, and in his left
eye, 20/20. Following an examination in 2013, his optometrist noted,
``In my medical opinion, Michael has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Slief
reported that he has driven straight trucks for 8 years, accumulating
80,000 miles, and tractor-trailer combinations for 8 years,
accumulating 12,000 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.

Thomas G. Smedema

    Mr. Smedema, 62, has had strabismus 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,
``However, I believe in observation of his ambulation and motor skills
he has sufficient vision capacity to perform the driving tasks required
to operate a commercial vehicle, and, if his driving record reflects an
uneventful and safe history, which I leave to your determination, he is
a candidate for this exemption.'' Mr. Smedema reported that he has
driven straight trucks for 40 years, accumulating 240,000 miles. He
holds a Class BCDM CDL from Wisconsin. His driving record for the

last 3 years shows no crashes and no convictions for moving violations
in a CMV.

James S. Smith

    Mr. Smith, 24, has had amblyopia in his right eye since childhood.
The visual acuity in his right eye is 20/70, and in his left eye, 20/
20. Following an examination in 2014, his optometrist noted, ``Based on
the results of the visual tests performed, if Mr. Smith is wearing his
prescription glasses, I do not see any reason why he could not perform
the driving tasks required to operate a commercial vehicle.'' Mr. Smith
reported that he has driven tractor-trailer combinations for 3 years,
accumulating 300,000 miles. He holds a Class A CDL from Arkansas. His
driving record for the last 3 years shows no crashes and no convictions
for moving violations in a CMV.

Steven S. Smith, Jr.

    Mr. Smith, 37, has had refractive amblyopia in his right eye since
birth. 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. Smith has sufficient vision to perform the driving tasks required
to operate a commercial vehicle.'' Mr. Smith reported that he has
driven straight trucks for 3 years, accumulating 15,000 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.

Thomas W. Smith

    Mr. Smith, 49, has had glaucoma in his left eye since 2002. The
visual acuity in his right eye is 20/20, and in his left eye, hand
motion. Following an examination in 2013, his ophthalmologist noted,
``I certify that, in my medical opinion, this patient has sufficient
vision to operate a commercial motor vehicle.'' Mr. Smith reported that
he has driven straight trucks for 25 years, accumulating 25,000 miles.
He holds a Class B CDL from Pennsylvania. His driving record for the
last 3 years shows no crashes and no convictions for moving violations
in a CMV.

Richard H. Solum

    Mr. Solum, 72, has had exfoliative glaucoma in his left eye since
2008. The visual acuity in his right eye is 20/25, and in his left eye,
light perception. Following an examination in 2013, his optometrist
noted, ``It is my opinion that Mr. Solum has sufficient vision to
perform driving [sic] the driving tasks required to operate a
commercial vehicle.'' Mr. Solum reported that he has driven straight
trucks for 5 years, accumulating 2,500 miles, and tractor-trailer
combinations for 25 years, accumulating 625,000 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.

Scott R. Sorensen

    Mr. Sorensen, 49, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, counting fingers. Following an examination in 2014, his
ophthalmologist noted, ``I certify that, in my medical opinion, this
patient has sufficient vision to operate a commercial motor vehicle.''
Mr. Sorensen reported that he has driven straight trucks for 30 years,
accumulating 900,000 miles, and tractor-trailer combinations for 4
years, accumulating 160,000 miles. He holds a Class AM CDL from
California. His driving record for the last 3 years shows no crashes
and no convictions for moving violations in a CMV.

Robert W. Stewart

    Mr. Stewart, 52, has a central vision decrease due to a traumatic
incident during childhood. The visual acuity in his right eye is
counting fingers, and in his left eye, 20/20. Following an examination
in 2013, his optometrist noted, ``In my medical opinion, Mr. Stewart
has sufficient vision to perform the driving tasks required to operate
a commercial vehicle.'' Mr. Stewart reported that he has driven
straight trucks for 9 years, accumulating 4,500 miles, and tractor-
trailer combinations for 9 years, accumulating 4,500 miles. He holds a
Class A CDL from Missouri. His driving record for the last 3 years
shows no crashes and no convictions for moving violations in a CMV.

Samuel M. Stoltzfus

    Mr. Stoltzfus, 51, has had amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/100. Following an examination in 2013, his optometrist noted,
``Mr. Stoltzfus has longstanding deeply embedded amblyopia in his left
eye . . . He does need the double mirror to continue with his CDL but
is otherwise safe to operate a motor carrier.'' Mr. Stoltzfus reported
that he has driven straight trucks for 27 years, accumulating 135,000
miles, and tractor-trailer combinations for 12 years, accumulating
2,400 miles. He holds a Class A CDL from Pennsylvania. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Elston L. Taylor

    Mr. Taylor, 58, has had a retinal artery occlusion in his right eye
since 2009. 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, ``It is my medical opinion that Mr. Taylor has sufficient vision
and fields to operate a commercial vehicle.'' Mr. Taylor reported that
he has driven straight trucks for 10 years, accumulating 50,000 miles,
and tractor-trailer combinations for 15.5 years, accumulating 1.5
million miles. He holds a temporary Class A CDL permit from Virginia.
His driving record for the last 3 years shows no crashes and no
convictions for moving violations in a CMV.

Sherman L. Taylor

    Mr. Taylor, 47, 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, ``I
certify that Sherman Lee Taylor has sufficient vision to perform the
driving tasks required to operate a commercial vehicle.'' Mr. Taylor
reported that he has driven tractor-trailer combinations for 8 years,
accumulating 1.28 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.

Robert E. Troutman

    Mr. Troutman, 32, has scar tissue in his right eye due to a
traumatic incident in 2010. The visual acuity in his right eye is 20/
20, and in his left eye, 20/200. Following an examination in 2014, his
optometrist noted, ``Mr. Troutman, despite acuity deficient in his
right eye, has sufficient peripheral field vision to safety perform the
driving tasks to operate a commercial vehicle.'' Mr. Troutman reported
that he has driven straight trucks for 14 years, accumulating 168,000
miles. He holds an operator's license from North Carolina. His driving
record for the last 3 years shows no crashes and no convictions for
moving violations in a CMV.

Dale E. Williams

    Mr. Williams, 62, has glaucoma in his right eye due to a traumatic
incident during childhood. 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, ``I feel that the results combined

with Mr. Williams past driving record should in no way impair his
ability to drive a commercial vehicle safely.'' Mr. Williams reported
that he has driven straight trucks for 19 years, accumulating 665,000
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.

Steven E. Young

    Mr. Young, 44, has had refractive amblyopia in his left eye since
childhood. The visual acuity in his right eye is 20/20, and in his left
eye, 20/400. Following an examination in 2013, his optometrist noted,
``In my medical opinion, Steve certainly has sufficient vision to
perform the driving tasks required to operate a commercial vehicle.''
Mr. Young reported that he has driven straight trucks for 2 years,
accumulating 2,000 miles. He holds a Class B CDL from Missouri. His
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 April 14, 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-2014-0003 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-2014-0003 and click ``Search.'' Next, click ``Open Docket
Folder'' and you will find all documents and comments related to the
proposed rulemaking.

     Issued on: February 26, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-05622 Filed 3-13-14; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Pages 26456-26457]
[FR Doc No: 2019-11826]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85975; File No. 013-00052]

Initial Form ATS-N Filing; Notice of Extension of Commission
Review Period

May 31, 2019.
    On February 6, 2019, SuperX ATS filed an initial Form ATS-N (``Form
ATS-N'') with the Securities and Exchange Commission (``Commission'').
Pursuant to Rule 304 under the Securities and Exchange Act of 1934
(``Act''), the Commission may, after notice and an opportunity for
hearing, declare an initial Form ATS-N ineffective no later than 120
days from the date of filing with the Commission, or, if applicable,
the extended review period. June 6, 2019 is 120 calendar days from the
date of filing. Pursuant to Rule 304(a)(1)(iv)(B), the Commission may
extend the initial Form ATS-N review period for up to an additional 120
calendar days if the initial Form ATS-N is unusually lengthy or raises
novel or complex issues that require additional time for review.
    SuperX ATS was operating pursuant to an initial operation report on
Form ATS on file with the Commission as of January 7, 2019.\1\ SuperX
ATS filed an initial Form ATS-N on February 6, 2019. During the initial
120 calendar day review period, the Commission staff has been reviewing
the disclosures on SuperX ATS's initial Form ATS-N. In addition, the
staff has been engaged in ongoing discussions with SuperX ATS about its
disclosures and manner of operations, as well as the requirements of
Form ATS-N, to facilitate complete and comprehensible disclosures that
reflect the complexities of those operations.
---------------------------------------------------------------------------

    \1\ An NMS Stock ATS (as defined in Rule 300(k) of Regulation
ATS) that was operating pursuant to an initial operation report on
Form ATS on file with the Commission as of January 7, 2019 is a
``Legacy NMS Stock ATS.'' 17 CFR 242.301(b)(2)(viii).
---------------------------------------------------------------------------

    Form ATS-N requires NMS Stock ATSs to file with the Commission, and
disclose to the public for the first time, certain information,
including descriptions by the NMS Stock ATSs of their fees, the trading
activities by their broker-dealer operators and their affiliates in the
NMS Stock ATSs, their use of market data, their written standards for
granting access to trading on the NMS Stock ATSs, and their written
safeguards and procedures for protecting their subscribers'
confidential trading information required by revised Rule 301(b)(10) of
Regulation ATS. The initial Form ATS-N disclosures and discussions with
Commission staff have revealed complexities about the operations of
Legacy NMS Stock ATSs including, among other things, matching
functionalities, means of order entry, order interaction and execution
procedures, conditional order processes, segmentation of orders, and
counterparty selection protocols. The Commission staff needs additional
time to review novel and complex issues such as these, which Commission
staff has discussed with SuperX ATS. Extending the initial Form ATS-N
Commission review period for an additional 120 calendar days will
provide Commission staff an opportunity to continue its review of the

initial Form ATS-N disclosures and discussions with SuperX ATS.
    In the conversations between SuperX ATS and Commission staff about
the initial Form ATS-N disclosures and the ATS operations, Commission
staff and SuperX ATS have discussed a potential amendment to update
SuperX ATS's disclosures regarding the complexities of its operations.
Extending the review period will enable the NMS Stock ATS to amend its
disclosures, if appropriate, and allow Commission staff to conduct a
thorough review of amendments to the initial disclosures provided on
the initial Form ATS-N.
    For the reasons given above, the Commission is extending the review
period of the initial Form ATS-N submitted by SuperX ATS. Accordingly,
pursuant to Rule 304(a)(1)(iv)(B), October 4, 2019 is the date by which
the Commission may declare the initial Form ATS-N submitted by SuperX
ATS ineffective.

    By the Commission.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-11826 Filed 6-5-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Proposed Rules]
[Pages 27456-27460]
[FR Doc No: 2017-12344]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0218; FRL-9963-56-Region 9]

Approval of California Air Plan Revisions, Placer County Air
Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Placer County Air Pollution Control District
(PCAPCD or ``the District'') portion of the California State
Implementation Plan (SIP). These revisions concern the District's
demonstration regarding Reasonably Available Control Technology (RACT)
requirements for the 1997 and 2008 8-hour ozone National Ambient Air
Quality Standards (NAAQS), and negative declarations for the polyester
resin source category for the 2008 8-hour ozone standard. We are
proposing action on local SIP revisions under the Clean Air Act (CAA or
the Act). We are taking comments on this proposal and plan to follow
with a final action.

DATES: Any comments must arrive by July 17, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0218 at http://www.regulations.gov, or via email to Andrew
Steckel, Rulemaking Office Chief at<EMAIL_ADDRESS>For
comments submitted at Regulations.gov, follow the online instructions
for submitting comments. Once submitted, comments cannot be removed or
edited from Regulations.gov. For either manner of submission, the EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e. on the web,
cloud, or other file sharing system). For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126<EMAIL_ADDRESS>or Stanley Tong, EPA Region IX, (415) 947-
4122<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What documents did the State submit?
    B. Are there other versions of these documents?
    C. What is the purpose of the RACT SIP submissions?
II. The EPA's Evaluation and Proposed Action
    A. How is the EPA evaluating the RACT SIP submissions?
    B. Do the RACT SIP submissions meet the evaluation criteria?
    C. EPA's Recommendations To Strengthen the RACT SIP
    D. Proposed Action and Public Comment
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What documents did the State submit?

    Table 1 lists the documents addressed by this proposal with the
dates that they were adopted by the local air agency and submitted by
the California Air Resources Board (CARB).

                                          Table 1--Submitted Documents
----------------------------------------------------------------------------------------------------------------
                Local agency                               Document                   Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD.....................................  2006 Reasonably Available Control           8/10/06         7/11/07
                                              Technology State Implementation
                                              Plan Update Analysis (``2006 RACT
                                              SIP'').
PCAPCD.....................................  2014 Reasonably Available Control           4/10/14         7/18/14
                                              Technology State Implementation
                                              Plan Analysis (``2014 RACT SIP'').
----------------------------------------------------------------------------------------------------------------

    On January 11, 2008, the submittal for PCAPCD's 2006 RACT SIP
Analysis for the 1997 8-hour ozone NAAQS was deemed by operation of law
to meet the completeness criteria in Title 40 of the Code of Federal
Regulations (CFR) Part 51 Appendix V, which must be met before formal
EPA review. On January 18, 2015, the submittal for PCAPCD's 2014 RACT
SIP Analysis for the 2008 8-hour ozone NAAQS was deemed by operation of
law to meet the completeness criteria as well.

B. Are there other versions of these documents?

    There are no previous versions of these documents in the PCAPCD
portion of the California SIP for the 1997 or 2008 8-hour ozone
standards.

C. What is the purpose of the RACT SIP submissions?

    Volatile organic compounds (VOCs) and nitrogen oxides
(NOX) help produce ground-level ozone and smog, which harm
human health and the environment. Section 110(a) of the CAA requires
states to submit enforceable regulations that control VOC and
NOX emissions. Sections 182(b)(2) and (f) require that SIPs
for ozone nonattainment areas classified as moderate or above require
implementation of RACT for any source covered by a Control Techniques
Guidelines (CTG) document and for any major source of VOCs or
NOX. The PCAPCD is subject to this requirement because it
contains an area designated and classified as severe-15 nonattainment
for the 1997 and 2008 8-hour ozone NAAQS.\1\ Therefore, the PCAPCD
must, at a minimum, adopt RACT-level controls for all sources covered
by a CTG document and for all major non-CTG sources of VOCs or
NOX within the nonattainment area. Any stationary source
that emits or has the potential to emit at least 25 tons per year of
VOCs or NOX is a major stationary source in a severe ozone
nonattainment area (CAA sections 182(d) and (f)).
---------------------------------------------------------------------------

    \1\ 40 CFR 81.305; 75 FR 24409 at 24419 (May 5, 2010) (final
rule reclassifying the Sacramento Metro area as severe-15
nonattainment for the 1997 8-hour ozone NAAQS); and 77 FR 30088 at
30104-05 (May 21, 2012) (final rule designating and classifying the
Sacramento Metro area as severe-15 nonattainment for the 2008 8-hour
ozone NAAQS).
---------------------------------------------------------------------------

    Section IV.G of the preamble to the EPA's final rule to implement
the 1997 8-hour ozone NAAQS (70 FR 71612, 71652-61 November 29, 2005)
discusses RACT requirements. It states in part that where a RACT SIP is
required, states implementing the 8-hour standard generally must assure
that RACT is met either through a certification that previously
required RACT controls represent RACT for 8-hour implementation
purposes or through a new RACT determination. Section III.D of the
preamble to the EPA's final rule to implement the 2008 ozone NAAQS (80
FR 12264, 12278-83 March 6, 2015) discusses similar requirements for
RACT. The submitted documents provide PCAPCD's analyses of its
compliance with the CAA section 182 RACT requirements for the 1997 and
2008 8-hour ozone NAAQS. The EPA's technical support documents (TSDs)
have more information about the District's submissions and the EPA's
evaluations thereof.

II. The EPA's Evaluation and Proposed Action

A. How is the EPA evaluating the RACT SIP submissions?

    Generally, SIP rules must require RACT for each category of sources
covered by a CTG document as well as each major source of VOCs or
NOX in ozone nonattainment areas classified as moderate or
above (see CAA section 182(b)(2), (f)). The PCAPCD regulates a severe
ozone nonattainment area (see 40 CFR 81.305), so the District's rules
must implement RACT.
    Guidance and policy documents that we use to evaluate CAA section
182 RACT requirements for the applicable criteria pollutants include
the following:
    1. ``Final Rule to Implement the 8-hour Ozone National Ambient Air
Quality Standard--Phase 2'' (70 FR 71612; November 29, 2005).
    2. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    3. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    4. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    5. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 55620,
November 25, 1992.
    6. Memorandum from William T. Harnett to Regional Air Division
Directors, (May 18, 2006), ``RACT Qs & As--Reasonably Available Control
Technology (RACT) Questions and Answers''.
    7. RACT SIPs, Letter dated March 9, 2006 from EPA Region IX (Andrew
Steckel) to CARB (Kurt Karperos) describing Region IX's understanding
of what constitutes a minimally acceptable RACT SIP.
    8. RACT SIPs, Letter dated April 4, 2006 from EPA Region IX (Andrew
Steckel) to CARB (Kurt Karperos) listing EPA's current CTGs,
Alternative Control Techniques (ACTs), and other

documents which may help to establish RACT.
    9. ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements'' (80 FR
12264; March 6, 2015).
    With respect to major stationary sources, even though the PCAPCD
nonattainment area was classified as ``serious'' nonattainment for the
1997 8-hour ozone NAAQS at the time the District adopted its 2006 RACT
SIP, the District performed its 2006 RACT SIP demonstration as though
it were classified as a ``severe'' nonattainment area by analyzing for
major VOC/NOX sources that emit or have the potential to
emit at least 25 tons per year (tpy) as opposed to the 50 tpy threshold
associated with major sources in ``serious'' ozone nonattainment
areas.\2\ CAA section 182(c), (d), and (f).
---------------------------------------------------------------------------

    \2\ Major stationary sources of VOC or NOX in serious
ozone nonattainment are those sources that emit or have the
potential to emit at least 50 tons per year.
---------------------------------------------------------------------------

    On May 5, 2010 (75 FR 24409), EPA granted the State of California's
request to reclassify the Sacramento Metropolitan ozone nonattainment
area, which includes parts of the PCAPCD, from ``serious'' to ``severe-
15'' for the 1997 8-hour ozone NAAQS. The Sacramento Metropolitan ozone
nonattainment area is also classified as severe-15 for the 2008 8-hour
ozone standard. 40 CFR 81.305. We evaluated both PCAPCD's 2006 RACT SIP
and its 2014 RACT SIP based on a ``severe-15'' classification.

B. Do the RACT SIP submissions meet the evaluation criteria?

    PCAPCD's 2006 and 2014 RACT SIPs provide the District's
demonstration and certification that the applicable SIP for the Placer
County APCD satisfies CAA section 182 RACT requirements for the 1997
and 2008 8-hour ozone NAAQS. This conclusion is based on the District's
analysis of SIP-approved requirements that apply to: (1) CTG source
categories; and (2) major non-CTG stationary sources of NOX
or VOC emissions. See PCAPCD's 2006 RACT SIP Tables A and B and 2014
RACT SIP Table 1.
    With respect to the 2006 RACT SIP, Table A in the appendix to the
2006 RACT SIP identifies the CTG and non-CTG categories with the
applicable district rules. The District did identify in Table D-1 of
the 2006 RACT SIP several rules that required re-submittal since newer
versions of the rules had been adopted. We reviewed the submittal
status of the rules in Table D-1 and conclude that the rules have been
submitted and approved into the SIP as meeting RACT.
    Table B in the appendix to the 2006 RACT SIP lists major sources of
VOC and NOX in the District and includes a statement that
all the major stationary sources have adopted District rules that
satisfy RACT requirements. We reviewed CARB's emissions inventory
database for other potential CTG and/or major non-CTG sources not
included in PCAPCD's analysis and identified one major point source in
the District that is subject to section 182 RACT but was not identified
by the District. Capital Drum Inc., in Roseville, CA is a drum
manufacturer/refurbisher and emitted 34 tpy of VOCs in 2007. We
determined the source is covered by District Rule 223 ``Metal Container
Coating,'' which meets current RACT.
    With respect to the 2014 RACT SIP, Table 1 of the 2014 RACT SIP
lists existing District rules that have been determined to meet RACT
and also lists the applicable CTGs. PCAPCD compared its rules to the
CTGs and rules of other air districts to determine if they satisfied
RACT. We conclude the PCAPCD rules meet RACT.
    The 2014 RACT SIP identified three major stationary point sources
of NOX or VOC: Two biomass boilers and a natural gas
turbine. PCAPCD's 2014 RACT SIP states the biomass boilers and natural
gas turbine are subject to District RACT rules.
    We reviewed CARB's emissions inventory database for other potential
CTG and/or major non-CTG sources not included in PCAPCD's analysis and
did not identify any other major sources in the District. However,
CARB's emissions inventory identified one potential CTG source under
standard industrial classification (SIC) code 2821 for the manufacture
of high-density polyethylene, polypropylene, and polystyrene CTG--for
which PCAPCD's 2014 RACT SIP indicated it had no subject sources.
Further investigation revealed that the SIC listed in CARB's emissions
inventory database for Sak Construction LLC was incorrect and that Sak
Construction LLC does not manufacture high-density polyethylene,
polypropylene, and polystyrene and therefore is not subject to the CTG.
The TSD contains further details.
    Where there are no existing sources covered by a particular CTG
document, states may, in lieu of adopting RACT requirements for those
sources, adopt negative declarations certifying that there are no such
sources in the relevant nonattainment area. Table C of PCAPCD's 2006
RACT SIP and Table 2 of PCAPCD's 2014 RACT SIP lists the District's
negative declarations where it had no sources subject to the applicable
CTGs for the 1997 and 2008 8-hour ozone standards respectively. The
District based its conclusions on a review of its permit database,
internet search, business listings, SIC codes, industrial trade
association records, and yellow pages. We summarized the District's
negative declarations in Table 2 below.
---------------------------------------------------------------------------

    \3\ Based on PCAPCD's 2014 RACT SIP, Table 2, a negative
declaration was required for the Polyester Resin CTG. PCAPCD adopted
the required negative declaration and submitted it with its 2014
RACT SIP.

                                      Table 2--PCAPCD Negative Declarations
----------------------------------------------------------------------------------------------------------------
                                                                                2006 RACT     2014 RACT
                CTG Source category                      CTG Reference document            SIP           SIP
----------------------------------------------------------------------------------------------------------------
Aerospace Coatings................................  EPA-453/R-97-004, Control of                X             X
                                                     Volatile Organic Compound
                                                     Emissions from Coating
                                                     Operations at Aerospace
                                                     Manufacturing and Rework
                                                     Operations.
Automobile and Light-duty Truck Assembly Coatings.  EPA-450/2-77-008, Control of                X             X
                                                     Volatile Organic Emissions from
                                                     Existing Stationary Sources--
                                                     Volume II: Surface Coating of
                                                     Cans, Coils, Paper, Fabrics,
                                                     Automobiles, and Light-Duty
                                                     Trucks.
                                                    EPA 453/R-08-006, Control                N/A*             X
                                                     Techniques Guidelines for
                                                     Automobile and Light-Duty Truck
                                                     Assembly Coatings.
Dry Cleaning (Petroleum)..........................  EPA-450/3-82-009, Control of                X             X
                                                     Volatile Organic Compound
                                                     Emissions from Large Petroleum
                                                     Dry Cleaners.
Fiberglass Boat Manufacturing.....................  EPA 453/R-08-004, Control                N/A*             X
                                                     Techniques Guidelines for
                                                     Fiberglass Boat Manufacturing
                                                     Materials.
Flexible Packaging Printing.......................  EPA-453/R-06-003, Control                N/A*             X
                                                     Techniques Guidelines for
                                                     Flexible Package Printing.
Large Appliances Surface Coatings.................  EPA-450/2-77-034, Control of                X             X
                                                     Volatile Organic Emissions from
                                                     Existing Stationary Sources--
                                                     Volume V: Surface Coating of
                                                     Large Appliances.
                                                    EPA 453/R-07-004, Control                N/A*             X
                                                     Techniques Guidelines for Large
                                                     Appliance Coatings.

Magnet Wire.......................................  EPA-450/2-77-033, Control of                X             X
                                                     Volatile Organic Emissions from
                                                     Existing Stationary Sources--
                                                     Volume IV: Surface Coating of
                                                     Insulation of Magnet Wire.
Metal Furniture Coatings..........................  EPA-450/2-77-032, Control of                X             X
                                                     Volatile Organic Emissions from
                                                     Existing Stationary Sources--
                                                     Volume III: Surface Coating of
                                                     Metal Furniture.
                                                    EPA 453/R-07-005, Control                N/A*             X
                                                     Techniques Guidelines for Metal
                                                     Furniture Coatings.
Natural Gas/Gasoline..............................  EPA-450/3-83-007 Control of                 X             X
                                                     Volatile Organic Compound
                                                     Equipment Leaks from Natural
                                                     Gas/Gasoline Processing Plants.
Paper and Fabric..................................  EPA-450/2-77-008, Control of      ............            X
                                                     Volatile Organic Emissions from
                                                     Existing Stationary Sources--
                                                     Volume II: Surface Coating of
                                                     Cans, Coils, Paper, Fabrics,
                                                     Automobiles, and Light-Duty
                                                     Trucks.
Paper, Film and Foil Coatings.....................  EPA 453/R-07-003, Control                N/A*             X
                                                     Techniques Guidelines for
                                                     Paper, Film, and Foil Coatings.
Pharmaceutical Products...........................  EPA-450/2-78-029, Control of                X             X
                                                     Volatile Organic Emissions from
                                                     Manufacture of Synthesized
                                                     Pharmaceutical Products.
Polyester Resin \3\...............................  EPA-450/3-83-008, Control of                X             X
                                                     Volatile Organic Compound
                                                     Emissions from Manufacture of
                                                     High-Density Polyethylene,
                                                     Polypropylene, and Polystyrene
                                                     Resins.
                                                    EPA-450/3-83-006, Control of                X             X
                                                     Volatile Organic Compound Leaks
                                                     from Synthetic Organic Chemical
                                                     Polymer and Resin Manufacturing
                                                     Equipment.
Refineries........................................  EPA-450/2-77-025, Control of                X             X
                                                     Refinery Vacuum Producing
                                                     Systems, Wastewater Separators,
                                                     and Process Unit Turnarounds.
                                                    EPA-450/2-78-036, Control of                X             X
                                                     Volatile Organic Compound Leaks
                                                     from Petroleum Refinery
                                                     Equipment.
Rubber Tire.......................................  EPA-450/2-78-030, Control of                X             X
                                                     Volatile Organic Emissions from
                                                     Manufacture of Pneumatic Rubber
                                                     Tires.
Ships/Marine Coating..............................  61 FR 44050, 08/27/96, Control              X             X
                                                     Techniques Guidelines for
                                                     Shipbuilding and Ship Repair
                                                     Operations (Surface Coating).
Synthetic Organic Chemicals.......................  EPA-450/3-84-015, Control of                X             X
                                                     Volatile Organic Compound
                                                     Emissions from Air Oxidation
                                                     Processes in Synthetic Organic
                                                     Chemical Manufacturing Industry.
                                                    EPA-450/4-91-031, Control of                X             X
                                                     Volatile Organic Compound
                                                     Emissions from Reactor
                                                     Processes and Distillation
                                                     Operations in Synthetic Organic
                                                     Chemical Manufacturing Industry.
----------------------------------------------------------------------------------------------------------------
* These CTGs were issued between 2006-2008 and are not a requirement for the 1997 8-hour ozone standard.

    PCAPCD provided its 2006 and 2014 RACT SIPs for public comment
prior to the public hearing for adoption. No written comments were
received by the District.
    We are proposing to find that PCAPCD's 2006 and 2014 RACT SIP
submissions, including the above negative declarations, adequately
demonstrate that its rules satisfy RACT for the 1997 and 2008 8-hour
ozone NAAQS. Our TSDs have more information on our evaluation.

C. EPA Recommendations To Strengthen the RACT SIP

    The TSD for the 2014 RACT SIP describes recommendations for
potential future emission reductions the next time the District opens
the rules for amendment.

D. Proposed Action and Public Comment

    Based on the evaluations discussed above and more fully in our
TSDs, we are proposing to conclude that PCAPCD's 2006 and 2014 RACT
SIPs satisfy CAA section 182 RACT requirements for the 1997 and 2008 8-
hour ozone NAAQS and to fully approve these submissions into the
California SIP pursuant to section 110(k)(3) of the Act.
    We are also proposing to approve the submitted negative
declarations for the polyester resins CTGs for the 2008 8-hr Ozone
NAAQS. We will accept comments from the public on this proposal for the
next 30 days. Unless we receive convincing new information during the
comment period, we intend to publish a final approval action that will
incorporate these RACT submissions into the federally enforceable SIP.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (2 U.S.C. 1531-1538);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation
or in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose

substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: May 16, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-12344 Filed 6-14-17; 8:45 am]
 BILLING CODE 6560-50-P