[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Notices]
[Pages 24571-24572]
[FR Doc No: 2018-11440]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0006]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 11 individuals from the
vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs) to operate a commercial motor vehicle (CMV) in interstate
commerce. They are unable to meet the vision requirement in one eye for
various reasons. The exemptions enable these individuals to operate
CMVs in interstate commerce without meeting the vision requirement in
one eye.

DATES: The exemptions were applicable on March 17, 2018. The exemptions
expire on March 17, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], 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.,
e.t., Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/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., e.t., Monday through Friday,
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.

II. Background

    On February 14, 2018, FMCSA published a notice announcing receipt
of applications from 11 individuals requesting an exemption from vision
requirement in 49 CFR 391.41(b)(10) and requested comments from the
public (83 FR 6694). The public comment period ended on March 16, 2018,
and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(10).
    The physical qualification standard for drivers regarding vision
found in 49 CFR 391.41(b)(10) states that a person is physically
qualified to driver a CMV if that person has distant visual acuity of
at least 20/40 (Snellen) in each eye without corrective lenses or
visual acuity separately corrected to 20/40 (Snellen) or better with
corrective lenses, distant binocular acuity of a least 20/40 (Snellen)
in both eyes with or without corrective lenses, field of vision of at
least 70[deg] in the horizontal meridian in each eye, and the ability
to recognize the colors of traffic signals and devices showing red,
green, and amber.

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the vision standard in 49 CFR 391.41(b)(10) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. The exemption allows applicants to
operate CMVs in interstate commerce.
    The Agency's decision regarding these exemption applications is
based on medical reports about the applicants' vision as well as their
driving records and experience driving with the vision deficiency. The
qualifications, experience, and medical condition of each applicant
were stated and discussed in detail in the February 14, 2018, Federal
Register notice (83 FR 6694) and will not be repeated in this notice.
    FMCSA recognizes that some drivers do not meet the vision
requirement but have adapted their driving to accommodate their
limitation and demonstrated their ability to drive safely. The 11
exemption applicants listed in this notice are in this category. They
are unable to meet the vision requirement in one eye for various
reasons, including amblyopia, aphakia, central serous
chorioretinopathy, corneal scarring, prosthesis, and retinal vein
occlusion. In most cases, their eye conditions were not recently
developed. Nine of the applicants were either born with their vision
impairments or have had them since childhood. The two individuals that
sustained their vision conditions as adults have had it for a range of
4 to 23 years. Although each applicant has one eye which does not meet
the vision requirement in 49 CFR 391.41(b)(10), each has at least 20/40
corrected vision in the other eye, and in a doctor's opinion, has
sufficient vision to perform all the tasks necessary to operate a CMV.
    Doctors' opinions are supported by the applicants' possession of a
valid license to operate a CMV. By meeting State licensing
requirements, the applicants demonstrated their ability to operate a
CMV, with their limited vision in intrastate commerce, even though
their vision disqualified them from driving in interstate commerce. We
believe that the applicants' intrastate driving experience and history
provide an adequate basis for predicting their ability to drive safely
in interstate commerce. Intrastate driving, like interstate operations,
involves substantial driving on highways on the interstate system and
on other roads built to interstate standards. Moreover, driving in
congested urban areas exposes the driver to more pedestrian and
vehicular traffic than exists on interstate highways. Faster reaction
to traffic and traffic signals is generally required because distances
between them are more compact. These conditions tax visual capacity and
driver response just as intensely as interstate driving conditions.
    The applicants in this notice have driven CMVs with their limited
vision in careers ranging for 5 to 90 years. In the past three years,
no drivers were involved in crashes, and one driver was convicted of a
moving violation in a CMV. All the applicants achieved a record of
safety while driving with their vision impairment, demonstrating the
likelihood that they have adapted their driving skills to accommodate
their condition. As the applicants' ample driving histories with their
vision deficiencies are good predictors of future performance, FMCSA
concludes their ability to drive safely can be projected into the
future.
    Consequently, FMCSA finds that in each case exempting these
applicants from the vision requirement in 49 CFR 391.41(b)(10) is
likely to achieve a level

of safety equal to that existing without the exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption are provided to the
applicants in the exemption document and includes the following: (1)
Each driver must be physically examined every year (a) by an
ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in 49 CFR 391.41(b)(10) and
(b) by a certified Medical Examiner who attests that the individual is
otherwise physically qualified under 49 CFR 391.41; (2) each driver
must provide a copy of the ophthalmologist's or optometrist's report to
the Medical Examiner at the time of the annual medical examination; and
(3) each driver must provide a copy of the annual medical certification
to the employer for retention in the driver's qualification file, or
keep a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the exemption when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

VI. Preemption

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

VII. Conclusion

    Based upon its evaluation of the 11 exemption applications, FMCSA
exempts the following drivers from the vision requirement, 49 CFR
391.41(b)(10), subject to the requirements cited above:

Russell A. Anklam (WI)
Rodney P. Barfield (GA)
Kenneth W. Blake, Jr. (KS)
Efrain R. Cisneros (CA)
Justin D. Craft (AR)
James E. Haener (ID)
Curvin L. Martin (PA)
Robert L. Redding (NC)
Gerald L. Wheeler (FL)
George J. Worthington, Jr. (NY)
Jonas L. Yoder (NE)

    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for two years from the effective date unless revoked
earlier by FMCSA. The exemption will be revoked if the following
occurs: (1) The person fails to comply with the terms and conditions of
the exemption; (2) the exemption has resulted in a lower level of
safety than was maintained prior to being granted; or (3) continuation
of the exemption would not be consistent with the goals and objectives
of 49 U.S.C. 31136 and 31315.

    Dated: May 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-11440 Filed 5-25-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: February 15, 2006 (Volume 71, Number 31)]
[Notices]
[Page 7949-7951]
[DOCID:fr15fe06-57]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0497; FRL-7761-9]

Propiconazole Risk Assessments; Notice of Availability and Risk
Reduction Options

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's risk
assessments and related documents for the triazole fungicide
propiconazole and for its free triazole metabolites, and opens a public
comment period on these documents. The triazole fungicides, which
include propiconazole, triadimefon, and triadimenol, and others, share
the common metabolites 1,2,4-triazole, triazole alanine, and triazole
acetic acid (also known as free triazoles). EPA has conducted an
aggregate risk assessment for the free triazole metabolites to ensure
that aggregate exposure and risk from these common metabolites meet the
current safety standards. The public is encouraged to suggest risk
management ideas or proposals to address the risks identified. EPA is
developing a Reregistration Eligibility Decision (RED) for
propiconazole through a modified, 4-Phase public participation process
that the Agency uses to involve the public in developing pesticide
reregistration and tolerance reassessment decisions. Through these
programs, EPA is ensuring that all pesticides meet current health and
safety standards.

DATES: Comments must be received on or before April 17, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0497, by one of the following methods:
     http://www.regulations.gov/. Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
     Hand Delivery: Public Information and Records Integrity
Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm. 119, Crystal Mall 2, 1801
S. Bell St., Arlington, VA, Attention: Docket ID number EPA-HQ-OPP-
2005-0497. The docket facility is open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
docket facility is<PHONE_NUMBER>. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA --HQ-
OPP-2005-0497. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
on-line at http://www.regulations.gov/, including any personal

information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through
regulations.gov or e-mail. The regulations.gov website is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through regulations.gov, your e-mail address will be captured
automatically and included as part of the comment that is placed in the
public docket and made available on the Internet. If you submit an
electronic comment, EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or CD
ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses. For additional information about EPA's public docket, visit
the EPA Docket Center homepage athttp://www.epa.gov/epahome/docket.htm/.

    Docket: All documents in the docket are listed in the
regulation.gov index. Although listed in the index, some information is
not publicly available, i.e., CBI or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, will be publicly

available only in hard copy. Publicly available docket materials are
available either electronically at http://www.regulations.gov/ or in

hard copy at the Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St.,
Arlington, VA. The docket facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the docket facility is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Christina Scheltema, Special Review
and Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax number:
(703)308-8005; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of the

information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What Action is the Agency Taking?

    EPA is releasing for public comment its human health and
environmental fate and effects risk assessments for propiconazole, a
triazole fungicide, and an aggregate risk assessment for the free
triazole metabolites, and soliciting public comment on risk management
ideas or proposals. EPA developed the risk assessments and risk
characterization for propiconazole through a modified version of its
public process for making pesticide reregistration eligibility and
tolerance reassessment decisions. Through these programs, EPA is
ensuring that pesticides meet current standards under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal
Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality
Protection Act of 1996 (FQPA). Propiconazole is a fungicide used on
agricultural crops, ornamentals, and turf. It is also registered for
antimicrobial uses, in material preservatives (e.g., paint and
textiles) and wood preservatives. In addition, other triazole
fungicides, which may metabolize to triazole conjugates, are formulated
into pharmaceutical products which are approved for use by the Food and
Drug Administration (FDA).
    EPA is providing an opportunity, through this notice, for
interested parties to provide comments and input on the Agency's risk
assessments for propiconazole and for the free triazole metabolites
1,2,4-triazole, triazole alanine, and triazole acetic acid. Such
comments and input could address, for example, the availability of
additional data to further refine the risk assessments, such as worker
exposure data, information about the wood preservative use, toxicity
data showing the effect of propiconazole on nontarget terrestrial
organisms, and information on potential exposure to triazole conjugates
from pharmaceutical products or could address the Agency's risk
assessment methodologies and assumptions as applied to this specific
pesticide.
    Through this notice, EPA also is providing an opportunity for
interested parties to provide risk management proposals or otherwise
comment on risk management for propiconazole. Risks of concern
associated with the use of propiconazole include ecological and worker
risks associated with the use on turf, and worker and residential risk
associated with the wood preservative use. In targeting these risks of
concern, the Agency solicits information on effective and practical
risk reduction measures.
    EPA seeks to achieve environmental justice, the fair treatment and
meaningful involvement of all people, regardless of race, color,
national origin, or income, in the development, implementation, and
enforcement of environmental laws, regulations, and policies. To help
address potential environmental justice issues, the Agency seeks
information on any groups or segments of the population who, as a
result of their location, cultural practices, or other factors, may
have atypical, unusually high exposure to propiconazole or its free
triazole metabolites, compared to the general population.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004 (69 FR 26819) (FRL-7357-9), explains that in conducting these
programs, the Agency is tailoring its public participation process to
be commensurate with the level of risk, extent of use, complexity of
the issues, and degree of public concern associated with each
pesticide. For propiconazole, a modified, 4-Phase process with one
comment period and ample opportunity for public consultation seems
appropriate in view

of its refined risk assessments and other factors. However, if as a
result of comments received during this comment period EPA finds that
additional issues warranting further discussion are raised, the Agency
may consider an additional comment period, as needed.
    All comments should be submitted using the methods in ADDRESSES,
and must be received by EPA on or before the closing date. Comments
will become part of the Agency Docket for Propiconazole. Comments
received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2) of FIFRA as amended directs that, after submission
of all data concerning a pesticide active ingredient, ``the
Administrator shall determine whether pesticides containing such active
ingredient are eligible for reregistration,'' before calling in
product-specific data on individual end-use products and either
reregistering products or taking other ``appropriate regulatory
action.''
    Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to
review tolerances and exemptions for pesticide residues in effect as of
August 2, 1996, to determine whether the tolerance or exemption meets
the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review
is to be completed by August 3, 2006.

List of Subjects

    Environmental protection, Propiconazole; Triazole Fungicides,
Pesticides and pests.

    Dated: February 8, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-2153 Filed 2-14-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 85, Number 136 (Wednesday, July 15, 2020)]
[Notices]
[Pages 42974-42975]
[FR Doc No: 2020-15186]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2020-0055]

Notice of Application for Approval of Discontinuance or
Modification of a Railroad Signal System

    Under part 235 of title 49 of the Code of Federal Regulations (CFR)
and 49 U.S.C. 20502(a), this document provides the public notice that
on June 18, 2020, Union Pacific Railroad Company (UPRR) petitioned the
Federal Railroad Administration (FRA) seeking approval to discontinue
or modify a signal system. FRA assigned the petition Docket Number FRA-
2020-0055.
    Applicant: Union Pacific Railroad Company, Mr. Neal Hathaway, AVP
Signal Maintenance & Construction, 1400 Douglas Street MS/RM 0910,
Omaha, NE 68179.
    Specifically, UPRR requests permission to return a portion of a
traffic control system to yard track on the Moffat Tunnel Subdivision,
between milepost (MP) 3.64 and MP 4.68, in or near Denver, Colorado.
    Returning Moffat Runner (Track 101) to yard track will allow a
remote control locomotive pullback on Track 102 to be extended to
DS005, at Federal Boulevard, stopping the pullback control 290 feet
short of the insulated joints for signal 2W(S) CD.
    In its petition, UPRR states the reason for the change is to allow
its Operating Practices team to pull longer car cuts out of the yard,
which will in turn help with congestion and conflict in the North Yard.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov Error! Hyperlink reference not valid.and in person
at the U.S. Department of Transportation's (DOT) Docket Operations
Facility, 1200 New Jersey Ave. SE, W12-140, Washington, DC 20590. The
Docket Operations Facility is open from 9 a.m.

to 5 p.m., Monday through Friday, except Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested parties
desire an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Website: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, W12-140, Washington, DC 20590.
     Hand Delivery: 1200 New Jersey Ave. SE, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by August 31, 2020 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable.
    Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. See also
http://www.regulations.gov/#!privacyNotice for the privacy notice of
regulations.gov.

    Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2020-15186 Filed 7-14-20; 8:45 am]
BILLING CODE 4910-06-P